Office of Administrative Counsel & Rules
Recently Completed Rulemaking
Abortion Reporting (Emergency)
A.R.S. § 36-405(A) requires the Department to adopt rules to establish minimum standards and requirements for the licensing of health care institutions necessary to assure public health, safety, and welfare. The rules in Arizona Administrative Code (A.A.C.) Title 9, Chapter 10 specify requirements for health care institutions, with requirements affecting more than one class/subclass of health care institution located in Article 1.
When the Department became aware of the potential for fetal tissue from an abortion to be sold, the Department requested and received an exception from the Governor’s rulemaking moratorium, established by Executive Order 2015-01, and initiated an emergency rulemaking to address the potential illegal sale of tissue from unborn children. The Department has amended the rules in 9 A.A.C. 10, Article 1 for licensed health care institutions where abortions are performed to:
- Clarify the abortion reporting requirements in A.R.S. § 36-2161;
- Add a requirement to include in the report required by A.R.S. § 36-2161 information on:
- The final disposition of the fetal tissue;
- The person or persons taking custody of the fetal tissue;
- The amount of any compensation received by the licensed health care institution for the fetal tissue; and
- Consistent with 42 U.S.C. §§ 289g-1 and 289g-2, whether a patient has provided informed consent for the transfer of custody of the fetal tissue; and
- Exempt from the reporting rule a transfer of custody to a funeral establishment or a crematory for final disposition.
The Department submitted the emergency rulemaking to the Office of the Attorney General for review, as required by A.R.S. § 41-1026. The Notice of Emergency Rulemaking was filed with the Office of the Secretary of State by the Office of the Attorney General with an effective date of August 14, 2015.
- 9 A.A.C. 10, Article 1 General
- 42 United States Code (U.S.C.) § 289g-1
- 42 United States Code (U.S.C.) § 289g-2
- A.R.S. § 36-2161
Note: Information provided in PDF files.
***This webpage and the material contained herein are provided as a public service for informational purposes only. It should not be considered legal advice or opinion; and, unless expressly noted, does not reflect official ADHS policy.