Arizona Abortion Law Attorney

The criminal justice process can be costly and draining. However, working with an experienced attorney can help alleviate the stress during unforeseen circumstances. The Nava Law Firm offers legal support for individuals charged with a crime related to abortion and medical providers who assist them.

If you or someone close to you is facing investigation, arrest, or prosecution for having an abortion in Arizona, contact the Nava Law Firm. You'll be provided with a caring, approachable, and respectful attorney when you work with our firm. Call now to schedule a free consultation and speak with one of Arizona's top attorneys.

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Arizona's Status on Abortion Regulations

Understanding how Arizona has decided to regulate abortion laws has been confusing for those seeking or providing medical treatment for an abortion. Following an Oct. 7 court ruling in Arizona, which temporarily lifted the 1864 law(abortion ban) during an appeal, medical clinics have resumed offering abortion services. As of now, pregnancy terminations are permitted in Arizona for up to 15 weeks.

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On Sept. 23, 2022, Arizona implemented a comprehensive ban on abortions through new legislation. However, the validity of this law is currently being disputed in the court system, and it is not currently enforceable.

Arizona has many restrictions and rules throughout the abortion process. Here are some of the following limitations:

• In Arizona and many other states, Medicaid recipients are not granted the ability to use their Medicaid benefits to cover the cost of an abortion.

• Medical providers are protected by state law from being sued for not disclosing information to patients that could have resulted in the termination of a pregnancy with an abnormal fetus. For example, medical providers may choose to limit test results or not perform tests that could lead a woman to decide to have an abortion.

• Women seeking abortions in Arizona face several hurdles, including the requirement to have an ultrasound and undergoing a 24-hour waiting period between appointments. This means that patients must attend two meetings separated by 24 hours.

• In Arizona, all abortion procedures and medication must be provided by a licensed physician. Additionally, all mandatory abortion counseling must be carried out by a medical doctor, putting a heavy responsibility on abortion providers.

• Abortions performed through medication must be prescribed in person and cannot be done remotely. Thus, those residing in remote regions of Arizona must journey to either Phoenix or Tucson for two appointments spaced at least 24 hours apart.

• Getting a medicated abortion comes with additional rules and restrictions for patients and providers since it's considered a "surgical procedure" by Arizona law.

• Arizona law limits insurance coverage for abortion procedures, only allowing it in emergency cases where the woman's life is at risk from carrying on the pregnancy. Twenty other states in the US share this restriction with similar legislation.

• In Arizona, state officials are allowed to carry out unannounced inspections of abortion clinics during regular business hours with no prior approval required. An application for licensure is required to carry out the investigation but can be processed while the inspection is ongoing.

According to the Arizona court's ruling on Dec. 30, 2022, medical practitioners are exempt from prosecution for carrying out abortions during the initial 15 weeks of pregnancy. This is due to other Arizona laws that authorize them to perform the procedure. However, non-medical personnel are still at risk of being charged under the old legislation.

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United States Abortion Laws & Roe v. Wade Decision

The US Supreme Court's decision on Jun. 24, 2022, in the case of Dobbs v. Jackson Women's Health Organization, overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). They said the Constitution does not give people the right to abortion. The court added that the Constitution doesn't mention abortion, it's not a fundamental right in our history or society, and states have the power to regulate it.