Chapter 9.02 RCW

ABORTION

Sections
Transfer of duties to the department of health.
Concealing birth.
Reproductive privacyPublic policy.
Right to have and provide.
Unauthorized abortionsPenalty.
Defenses to prosecution.
State regulation.
Refusing to perform.
State-provided benefits.
Definitions.
Construction1992 c 1 (Initiative Measure No. 120).
Short title1992 c 1 (Initiative Measure No. 120).
NOTES:
Advertising or selling means of abortion: RCW 9.68.030.
Health care facilities, interference with: Chapter 9A.50 RCW.
Right to medical treatment of infant born alive in the course of an abortion procedure: RCW 18.71.240.


9.02.005
Transfer of duties to the department of health.

The powers and duties of the state board of health under this chapter shall be performed by the department of health.
NOTES:
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
SavingsEffective date1985 c 213: See notes following RCW 43.20.050.



9.02.050
Concealing birth.

Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross misdemeanor.
[ 1909 c 249 § 200; RRS § 2452.]



9.02.100
Reproductive privacy—Public policy.

The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.
Accordingly, it is the public policy of the state of Washington that:
(1) Every individual has the fundamental right to choose or refuse birth control;
(2) Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902;
(3) Except as specifically permitted by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion; and
(4) The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.
[1992 c 1 § 1 (Initiative Measure No. 120, approved November 5, 1991).]



9.02.110
Right to have and provide.

The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health.
A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section.
[1992 c 1 § 2 (Initiative Measure No. 120, approved November 5, 1991).]



9.02.120
Unauthorized abortions—Penalty.

Unless authorized by RCW 9.02.110, any person who performs an abortion on another person shall be guilty of a class C felony punishable under chapter 9A.20 RCW.
[1992 c 1 § 3 (Initiative Measure No. 120, approved November 5, 1991).]



9.02.130
Defenses to prosecution.

The good faith judgment of a physician as to viability of the fetus or as to the risk to life or health of a woman and the good faith judgment of a health care provider as to the duration of pregnancy shall be a defense in any proceeding in which a violation of this chapter is an issue.
[1992 c 1 § 4 (Initiative Measure No. 120, approved November 5, 1991).]



9.02.140
State regulation.

Any regulation promulgated by the state relating to abortion shall be valid only if:
(1) The regulation is medically necessary to protect the life or health of the woman terminating her pregnancy,
(2) The regulation is consistent with established medical practice, and
(3) Of the available alternatives, the regulation imposes the least restrictions on the woman'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.
[1992 c 1 § 5 (Initiative Measure No. 120, approved November 5, 1991).]



9.02.150
Refusing to perform.

No person or private medical facility may be required by law or contract in any circumstances to participate in the performance of an abortion if such person or private medical facility objects to so doing. No person may be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the termination of a pregnancy.
[1992 c 1 § 6 (Initiative Measure No. 120, approved November 5, 1991).]



9.02.160
State-provided benefits.

If the state provides, directly or by contract, maternity care benefits, services, or information to women through any program administered or funded in whole or in part by the state, the state shall also provide women otherwise eligible for any such program with substantially equivalent benefits, services, or information to permit them to voluntarily terminate their pregnancies.
[1992 c 1 § 7 (Initiative Measure No. 120, approved November 5, 1991).]



9.02.170
Definitions.

For purposes of this chapter:
(1) "Viability" means the point in the pregnancy when, in the judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures.
(2) "Abortion" means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.
(3) "Pregnancy" means the reproductive process beginning with the implantation of an embryo.
(4) "Physician" means a physician licensed to practice under chapter 18.57 or 18.71 RCW in the state of Washington.
(5) "Health care provider" means a physician or a person acting under the general direction of a physician.
(6) "State" means the state of Washington and counties, cities, towns, municipal corporations, and quasi-municipal corporations in the state of Washington.
(7) "Private medical facility" means any medical facility that is not owned or operated by the state.
[1992 c 1 § 8 (Initiative Measure No. 120, approved November 5, 1991).]



9.02.900
Construction—1992 c 1 (Initiative Measure No. 120).

RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall not be construed to define the state's interest in the fetus for any purpose other than the specific provisions of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.
[1992 c 1 § 10 (Initiative Measure No. 120, approved November 5, 1991).]



9.02.902
Short title—1992 c 1 (Initiative Measure No. 120).

RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall be known and may be cited as the Reproductive Privacy Act.
[1992 c 1 § 12 (Initiative Measure No. 120, approved November 5, 1991).]
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