Arizona Legislature tightens rules in born-alive abortions

Bill sent to Ducey; Video helps push effort from Senate

PHOENIX — Spurred by a newly released undercover video, the state sent legislation to Gov. Doug Ducey requiring doctors to do everything possible to save the life of a baby born alive after an abortion, even telling them what that entails.

The 18-11 vote in the Senate came just hours after the House gave its approval on a 34-22 margin.

Ducey has signed every abortion restriction that has reached his desk since taking office more than two years ago. But press aide Daniel Scarpinato would not comment on what fate this legislation will meet, saying his boss wants to review the final language.

Officially, Arizona law already requires doctors to take actions in such situations. But SB 1367 spells out what are considered signs of life, including breathing, a heartbeat, umbilical cord pulsation or “definite movement of voluntary muscles.’’

Potentially more significant, it directs the Department of Health Services to come up with rules of exactly what medical professionals have to do in cases of live births, including the possibility of resuscitation. And it would require clinics that do abortions after 20 weeks of gestation to have staff on hand qualified to deal with premature births.

Wednesday’s votes came over objections of some lawmakers who said medical evidence shows that a fetus at 21 weeks cannot survive outside the womb.

They cited testimony from doctors during hearing who said that life-saving procedures on these premature babies, including inserting breathing tubes into them, is cruel given that they will die anyway. The doctors said the better course is to give the baby to the mother — if she wants it — to let the family hold it and grieve as the baby dies naturally.

Rep. Eddie Farnsworth, R-Gilbert, added language he said spells out that a doctor need not do everything possible if it is determined before the abortion and confirmed after delivery and some preliminary care that the baby has a “lethal fetal condition’’ and will not survive beyond three months.

Farnsworth said that is a major concession as he believes existing law already requires medical care for all babies, including those with such fetal conditions, when they are born alive. He said this change codifies what doctors already are doing by deciding not to do life-saving measures and instead allowing the baby to die naturally.

That was enough to bring in the support of some Republicans who had been hesitant to support a blanket mandate for full-blown life-saving actions in all situations.

But Rep. Kirsten Engel, D-Tucson, said she does not believe this exception deals with all the situations where it’s clear from the start that the fetus will not survive for long outside the womb.

“We end up depriving families of the last minutes of what they hoped would be a bright future but it’s not,’’ she said.

And Rep. Ken Clark, D-Phoenix, said that means doctors will “still need to go through this horrendous process’’ of doing medical procedures on the premature baby.

But Rep. Paul Boyer, R-Phoenix, recited a litany of names of babies he said were all born prior to 24 weeks — the current cutoff in Arizona for legal abortions — and are still alive. He said it’s wrong to simply assume these preemies won’t survive and should be allowed to die.

“The fact of the matter is health care providers don’t always know the chances of survival until they give a baby a chance to survive,’’ Boyer said.

Rep. John Allen, R-Scottsdale, said he sees the issue in simpler terms.

He said an unborn fetus has no legal rights, a decision he does not necessarily agree with but recognizes as the law. That is the basis of the right of women to terminate a pregnancy.

All that changes, he said, once a baby is born alive.

“The choice is no longer available to them because that individual is there in the room with them,’’ Allen said. “This person has rights, individual rights.’’

Wednesday’s debate at times focused on a newly released undercover video from the Center for Medical Progress taken at a conference of abortion providers 2 1/2 years ago in Los Angeles.

Two members of the anti-abortion group posed as buyers of fetal tissue to get DeShawn Taylor, the medical director of Desert Start Family Planning in Phoenix, to discuss abortion procedures.

Most of what is in the nearly 28 minute video is irrelevant to SB 1367. But there is a point where Taylor mentions existing law, saying that if the fetus “comes out with any signs of life we’re supposed to transport it to the hospital.’’