AN ACT Relating to abortion; amending RCW 9.02.110, 9.02.120, 9.02.130, and 9.02.140; reenacting and amending RCW 9.02.170; adding a new section to chapter 9.02 RCW; repealing RCW 9.02.100; and declaring an emergency.

(1) The state may not deny or interfere with a ((pregnant individual's))woman's right to choose to have an abortion prior to ((viability of the fetus, or to protect the pregnant individual's life or health))24 weeks of gestational age, or in case of a medical emergency or severe fetal abnormality.

((A))(2) Except in a medical emergency or in the case of a severe fetal abnormality, a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice may not terminate and a health care provider may not assist a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice in terminating a pregnancy ((as permitted by))if the probable gestational age of the unborn human being has been determined to be greater than 24 weeks.

((Unless authorized by RCW 9.02.110, any))(1) Any person who performs an abortion on another person in violation of this chapter shall be guilty of a class C felony punishable under chapter 9A.20 RCW. ((The state shall not penalize, prosecute, or otherwise take adverse action against an individual based on their actual, potential, perceived, or alleged pregnancy outcomes. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.))

(2) Any health care provider licensed under Title 18 RCW who violates this chapter commits an act of unprofessional conduct and his or her license shall be suspended by the appropriate disciplining authority pursuant to chapter 18.130 RCW.

(3) A physician, physician assistant, advanced registered nurse practitioner, or health care provider who knowingly or intentionally delivers to the department of health any report required by RCW 9.02.130 that is known by the physician to be false is subject to a civil penalty of up to $500 per violation imposed by the department of health.

(4) The attorney general has the authority to bring an action in law or equity to enforce the provisions of this chapter on behalf of any disciplining authority as defined in chapter 18.130 RCW. The disciplining authorities also have the authority to bring such an action on their own.

(1) Except in a medical emergency or in the case of a severe fetal abnormality, prior to performing an abortion as authorized in RCW 9.02.110, a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice shall first:

(2) Whenever a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice performs an abortion on an unborn human being whose gestational age is greater than 24 weeks, the physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice shall cause to be filed with the department of health, on a form supplied by the department, a report.

(iv) A statement declaring that the abortion was necessary to preserve the life or physical health of the individual seeking the abortion;

(b) The report may not contain the name of the individual upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or any circumstances, an individual seeking the abortion.

(c) The department of health shall, within 30 days of the effective date of this section, create the forms required by this section. This subsection does not apply until at least 10 days after the requisite forms have been made available.

(3) The good faith judgment of a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice as to ((viability of the fetus or as to the risk to life or health of a pregnant individual))the gestational age of the unborn human being, or the presence of a medical emergency or severe fetal abnormality and the good faith judgment of a health care provider as to the duration of pregnancy ((shall be))is not a defense in any proceeding in which a violation of this chapter is an issue, unless all of the requirements of this section have been met.

(4) Determinations of gestational age under this section must be made according to standard medical practices and techniques used in the community.

(1) The regulation is medically necessary to protect the life or health of the pregnant individual who is terminating the pregnancy,

(3) Of the available alternatives, the regulation imposes the least restrictions on the pregnant individual's right to have an abortion as defined by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902))consistent with the requirements of this chapter.

(1) "Abortion" means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.

(2) "Advanced registered nurse practitioner" means an advanced registered nurse practitioner licensed under chapter 18.79 RCW.

(3) "Gestational age" or "probable gestational age" means the age of an unborn human being as calculated from the first day of the last menstrual period of the woman.

(4) "Health care provider" means a person regulated under Title 18 RCW to practice health or health-related services or otherwise practicing health care services in this state consistent with state law.

(6) "Major bodily function" includes, but is not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(7) "Medical emergency" means a condition in which, on the basis of a physician's good faith clinical judgment, an abortion is necessary to preserve the life of a woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function.

(((5)))(9) "Physician assistant" means a physician assistant licensed to practice under chapter 18.71A RCW in the state of Washington.

(((8)))(12) "Severe fetal abnormality" means a life-threatening physical condition that, in reasonable medical judgment, regardless of the provision of lifesaving medical treatment, is incompatible with life outside the womb.

(13) "State" means the state of Washington and counties, cities, towns, municipal corporations, and quasi-municipal corporations in the state of Washington.

(((9) "Viability" means the point in the pregnancy when, in the judgment of the physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice on the particular facts of the case before such physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures.))

Nothing in this chapter shall be construed as creating or recognizing a right to abortion or as altering generally accepted medical standards. It is not the intent of this chapter to make lawful an abortion that is otherwise unlawful. An abortion that complies with this chapter, but violates any other state law, is unlawful. An abortion that complies with another state law, but violates this section, is unlawful.

NEW SECTION. Sec. 7. RCW 9.02.100 (Reproductive privacy—Public policy) and 2022 c 65 s 2 & 1992 c 1 s 1 (Initiative Measure No. 120, approved November 5, 1991) are each repealed.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.