New Emergency Bill Authorizing Arizona Doctors to Perform Abortions In California On AZ Patients

A new emergency bill that would temporarily allow Arizona doctors to perform abortions in California on their patients was introduced in the Senate on Wednesday, offering a possible work around for Arizona women after the state recently passed a near-total abortion ban.

While abortions in California have for decades been easier to get compared to other states, the U.S. Supreme Court overturning Roe v. Wade in 2022 precipitated California doubling down on the state’s commitment to abortion access. The Dobbs V. Women’s Health Organization ruling made abortion a state issue once again, with California quickly passing laws to make California an abortion sanctuary state. In November of 2022, voters even passed Prop. 1 by a 2-to-1 margin, granting a right to abortions and contraceptives.

Often leading the fight has been Governor Gavin Newsom. In the past several years he has gone so far as to spend money on ads across the country showing the state’s opposition to new local abortion laws. The most most famous of these was in July 2022, when he bought numerous TV ads in Florida, which highlighted California’s ease of obtaining abortions as compared to the Sunshine State. Earlier this year, he also backed ads going after abortion travel bans in other states like Tennessee, Mississippi, and Oklahoma.

However, the latest issue in the saga brewed this month. Earlier in April, the Arizona Supreme Court held firm on an 1864 law that would only allow abortions if the mother’s life is in danger. In response, Governor Newsom vowed to create a bill in California to allow abortions for Arizonans to be done by the June 8th date when the Arizona law comes into effect. That vow became a reality on Wednesday when new emergency legislation was introduced to allow such abortions to be done in California, with strong support coming from both Newsom and the California Legislative Women’s Caucus.

Senate Bill 233, authored by Senator Nancy Skinner (D-Berkeley) and Assemblywoman Cecilia Aguiar-Curry (D-Winters) would temporarily allow licensed Arizona doctors in good standing to provide abortions and abortion-related care to Arizona patients traveling to California through November 30, 2024. The Arizona doctors would be under the oversight of California’s Medical Board and Osteopathic Medical Board and would be required to provide registration information to those boards. The bill contains an urgency clause and would take effect immediately upon the Governor’s signature.

“Arizona Republicans continue to put women in danger—embracing a draconian law passed when Arizona was a territory, not even a state,” said Newsom on Wednesday. “California will not sit idly by. We’re urgently moving legislation to allow Arizona doctors to provide safe and reliable reproductive care to Arizonans here in California.”

Senator Skinner also said in a speech on Wednesday:

“Anti-abortion forces have resurrected a dead law passed at a time when women couldn’t vote and husbands beating their wives was lawful. In upholding Arizona’s 160 year old law, it’s clear that their real objective is to return women to second class status. With SB 233, the Legislative Women’s Caucus is taking our gloves off once again as we pursue every legislative action necessary to protect women’s reproductive rights, and especially our right to an abortion. SB 233 demonstrates California will remain a strong and safe haven for all doctors who seek to provide essential health care including abortions and for their patients who deserve this care.”

Assemblywoman Aguiar-Curry added:

“For many years, but especially since the Dobbs decision, the California Legislative Women’s Caucus has led on all of the legislative responses to the attacks on abortion and reproductive rights. We have passed legislation to expand, protect, and strengthen access to reproductive health care in our state, including access to safe abortions for all Californians, and refugees from other states seeking such care. Arizona’s courts, however, think Arizonans should live in 1864. So, to Arizona people of child-bearing age, and those who love and support them, we have your back; At least until you get the chance to reverse this attack on your rights on the Arizona ballot this November.”

However, many medical experts continued to raise alarms about the new legislations. While the new bill did answer some questions, it’s contents only opened up others.

“This is still quite the mess,” Amanda Hollister, a medical facility logistics manager, told the Globe on Wednesday. “Who can perform abortions is different in the two states for one. Is California just waiving some requirements now for Arizona doctors? Logistics were not even touched on. Where will this abortion care take place? How far into California will these facilities be located? Are they current abortion clinics?”

“Oh, and the money question is still out there. Will the patient be footing the bill for all these added costs? The state better not be out of the ‘goodness of their hearts’ because that just means they’ll be using taxpayer money during a budget crisis. It’s an emotional issue. That’s understandable. But we need to think logically upon implementation, and right now, they aren’t giving anything to show if this is even feasible. Right now, some California medical boards will be giving oversight, so that solves some doctor logistics issues. But so much more is open. Give the estimated cost to start with.”

SB 233 is expected to be heard soon in legislative committees due to it being an urgent bill.