In a definitive move to bring clarity to Arizona's contentious abortion law, Attorney General Kris Mayes, backed by medical professionals, delivered an opinion stating that the law protects doctors who perform abortions during medical emergencies. Putting an end to any ambiguity, Mayes said, "Arizona law does not allow for the prosecution of a treating physician who exercises their clinical judgment in good faith to provide an abortion under the medical emergency exception. Full stop," during a press conference earlier today, as reported by the Arizona Attorney General's office.
The guidance comes amid nationwide scrutiny and challenges to abortion laws post-Roe v. Wade, as physicians and patients navigate precarious legal landscapes. Mayes emphasized, "I have said it before and I will say it again today: I will not prosecute any physician, nurse, doctor, or pharmacist under our state’s abortion laws," as per the Arizona Attorney General's office, ensuring medical professionals of their legal cover when responding to emergencies.
Regarding the criteria for a “medical emergency” per A.R.S. § 36-2321(7), the statute mandates that physicians must employ clinical judgment, which entails utilizing personal knowledge and skills tailored to the patient's unique case to make lifesaving decisions without delay. Additionally, they must determine in good faith—if immediate action is not taken—whether the patient's life is at risk or if a significant, irreversible bodily function is threatened.
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