36-2302. Human fetus or embryo; prohibitions; physician-patient privilege inapplicable; definitions

456 words·~2 min read·/az/title-36/36-2302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A person may not use a human fetus or embryo or any part, organ or fluid of the fetus or embryo resulting from an abortion in animal or human research, experimentation or study or for transplantation, except for either of the following:

1. Diagnostic or remedial procedures for the purpose of determining the life or health of the human fetus or embryo or the mother or for preserving the life or health of the human fetus or embryo or the mother.

2. A pathological study.

B. A person may not experiment on a human fetus or embryo who is intended to be aborted.

C. A person may not perform or offer to perform an abortion for which part or all of the justification or reason is that the human fetus or embryo or any part, organ or fluid of the human fetus or embryo may be used for animal or human research, experimentation or study or for transplantation.

D. A person may not knowingly sell, transfer, distribute, give away, accept, use or attempt to use any human fetus or embryo or any part, organ or fluid of the human fetus or embryo resulting from an abortion in violation of this section.

E. A person may not aid or abet the sale, transfer, distribution, other unlawful disposition, acceptance, use or attempted use of a human fetus or embryo or any part, organ or fluid of the human fetus or embryo resulting from an abortion in violation of this section.

F. The physician-patient privilege as provided in section 13-4062, paragraph 4 does not prevent the production of documents or records relevant to an investigation arising under this section. All documents or records produced in an action brought pursuant to this section shall be inspected by the court in camera, and, before the documents or records are released to the requesting party, the court shall remove the names and other identifying information, if any, of the patients and substitute pseudonyms.

G. For the purposes of this section:

1. "Abortion" has the same meaning as prescribed in section 36-2151.

2. "Experimentation" means the use of a human fetus or embryo or any part, organ or fluid of the human fetus or embryo resulting from an abortion in any trial, test, procedure or observation carried out with the goal of verifying, refuting or establishing the validity of a hypothesis. Experimentation does not include a pathological study or a diagnostic or remedial test, procedure or observation that has the purpose of determining the life or health of the human fetus or embryo or preserving the life or health of the human fetus or embryo or the mother.

3. "Pathological study" means the examination of body tissue for diagnostic or forensic purposes.