On May 2, 2024, Governor Katie Hobbs signed H.B. 2677, repealing the 1864 near-total abortion ban. *However, this repeal does not take effect until 91 days after the Legislature adjourns.* Therefore, the 1864 near-total abortion ban could still take effect as early as September 27, 2024 for a short period of time. This page will be updated as we learn more.

We’ve compiled a list of Frequently Asked Questions so you can know the facts when seeking care.

Arizona Law

Is abortion currently legal in Arizona?

Yes, under certain circumstances and subject to certain limitations. Right now, Arizonans can continue to access abortion care (including medication abortion) up to 15 weeks gestational age, or in cases of medical emergency.

If you believe you may need abortion care, you should contact a licensed medical professional as soon as possible to get answers to your questions and understand your treatment options.

This website will be updated promptly if anything changes about the current legal status of abortions in Arizona.

What is the current status of the Arizona Supreme Court ruling on abortion and when does the new law repealing the 1864 ban take effect?

On April 9, 2024, the Arizona Supreme Court ruled that the 1864 near-total abortion ban is enforceable. Following a later ruling on May 13, 2024 combined with a 45-day stay in a separate lawsuit, the earliest the 1864 ban could take effect is September 27, 2024 and a court could extend that date further.

On May 2, 2024, Governor Katie Hobbs signed H.B. 2677, which repeals the 1864 ban. Like all newly enacted laws, H.B. 2677 will take effect 91 days after the Legislature adjourns, which could be in June or later. This means the repeal may not take effect until the fall. Therefore, the 1864 ban could be the law in Arizona for a short period of time between September 27, 2024 and when the new law repealing the 1864 ban takes effect 91 days after the Legislature adjourns. If the Legislature adjourns on or before June 28, 2024, the 1864 ban will not become effective.

It is also possible that further court rulings will reduce or eliminate any window of time in which the 1864 ban is in effect. This website will be updated promptly as new developments occur.

Is birth control legal in Arizona?

Yes. Birth control is legal. Arizona’s definition of “abortion” does not include birth control or emergency contraception like the “morning after” pill.

A new law allows pharmacists to provide contraceptives to patients who are 18 and older without a doctor’s prescription. It’s best to call in advance and ask if your pharmacist is able to dispense birth control without a prescription.

Find more information about the process for getting birth control without a prescription on the Arizona Department of Health Services website.

You can read the ADHS Standing Order that implements this new law.

Arizonans should also know that health care providers and pharmacies are not required to provide birth control to patients who request it.

If your pharmacist refuses to provide you with birth control, you can:

  1. Ask if another pharmacist on staff will dispense the medication, or
  2. Ask the pharmacy staff to transfer your prescription to another pharmacy nearby

 

If your healthcare provider will not provide birth control, you have options. Whether you have health insurance or not, you may be able to access free or low-cost birth control and other reproductive health care (like STI/STD testing, pregnancy testing, cancer screenings, and more). Here are resources to access reproductive health care in Arizona.

I have health insurance. What are my options to get birth control?

Under the Affordable Care Act (“Obamacare”), most health insurance plans have to provide you with birth control and family planning care at no cost. If you do not have health insurance, you may qualify for no- or low-cost coverage through AHCCCS or the Affordable Care Act. Visit healthcare.gov to find out if you qualify.

Most plans will cover the whole cost of at least one option in each of the following categories:

  • Barrier methods: like diaphragms, condoms, or sponges
  • Hormonal methods: like birth control pills, shots, patches, or vaginal rings
  • Implanted devices: like intrauterine devices (IUDs, which can be hormonal or non-hormonal) or arm implants (Nexplanon®)
  • Emergency contraception: like Plan B® and ella®
  • Surgical procedures: like vasectomies or “getting your tubes tied”
  • Patient education and counseling

 

To learn more about birth control coverage requirements for different types of health insurance plans, visit healthcare.gov. To learn more about contraceptive methods, visit the FDA’s Birth Control Guide.

If your health insurance will not cover the cost of at least one birth control method per category, you have options. You can file a complaint with the Arizona Department of Insurance and Financial Institutions. You can also find free care at a community health center near you with or without insurance.

What is mifepristone, and is it legal in Arizona?

Mifepristone is an abortion medication. There are two types of abortions: procedural abortions and medication abortions.

In the United States, many healthcare providers prescribe a two-drug protocol for a medication abortion. Mifepristone is the first drug. It blocks the hormone progesterone in the uterus, causing changes in the uterus so the pregnancy cannot continue. Misoprostol is the second drug, and it is taken within 48 hours after taking the mifepristone, as directed by a medical provider. It causes the uterus to empty.

Medication abortion with mifepristone and misoprostol is currently a legal method of abortion care in Arizona. However, if the 1864 law goes into effect, medication abortion would be illegal unless necessary to save the life of the mother. It is also possible mifepristone’s availability could change depending on how several court cases are resolved.

Can I order abortion medication through the mail?

No. Arizona law prohibits manufacturers, suppliers, physicians, and anyone else from providing abortion medication to someone through a courier, delivery, or mail service.

Can I get an abortion if I’m under 18?

Under current Arizona law, minors can get abortion care under one of two circumstances.

First, minors can get an abortion if they have the written and notarized consent of a parent, guardian or conservator.

Second, minors can get an abortion if a judge authorizes a physician to perform the abortion without the consent of the minor’s parent or guardian.

Minors seeking abortion care should discuss their treatment options with a licensed healthcare provider.

If the 1864 near-total abortion ban takes effect for any period of time, abortion would be illegal in most circumstances in that period of time, regardless of the patient’s age. This website will be updated promptly as we learn more.

Are abortion clinics and providers regulated?

Yes. Abortion clinics and providers are regulated and most hold a license in order to provide care.

Doctors that provide abortion care are overseen by the Arizona Medical Board.

Clinics that provide abortion care are overseen by the Arizona Department of Health Services.

Where can I find Arizona’s abortion laws?

You can find a brief overview of current Arizona law at the Arizona Attorney General’s Website.

Most of Arizona’s abortion laws are in Title 13 (Chapter 36) and Title 36 (Chapters 4, 20, and 23) of Arizona’s Revised Statutes.

Privacy

How do I protect my privacy when I’m looking for abortion care?

In today’s digital world, a lot of information can be collected from people’s online and offline activities, including location, web browsing history, searches and purchases. In the reproductive health care space in particular, data privacy has become a concern for those seeking care.

The Arizona Attorney General’s Office released a Consumer Alert and Data Privacy Guidance for patients looking for ways to better manage their data and control their digital footprint, including when they are seeking reproductive healthcare.

Does HIPAA protect all of my data and information about reproductive health?

Not all of it, no.

You should not assume that any and all health-related information that you disclose to people other than your medical providers is protected as private. Consult with your medical providers and ask how your information will be protected.

HIPAA itself does not necessarily apply whenever you communicate personal health information. For example, HIPAA itself does not apply to life insurers or employers.

HIPAA is a federal law that protects certain kinds of health information and applies to health plans and the business associates at health insurance companies, Medicare, Medicaid and HMOs, as well as health care providers. Business associates include companies that help doctors get paid, or outside lawyers and accountants.

You can also learn more about your rights under HIPAA at the U.S. Department of Health and Human Services.

If I have an abortion, will the doctor or clinic notify my spouse or partner?

No, unless you authorize the doctor or clinic to release that information to your spouse or partner. That decision is up to you—you are not legally required to tell your spouse or partner about your decision to seek abortion care. However, If you use insurance to pay for your visit, your spouse or partner may be able to see what services were performed on your billing or insurance paperwork. Talk to your provider if you have concerns. They may have ways to protect your privacy.

Be sure to review any forms concerning the release or sharing of your information carefully, and ask questions if you are unclear on what you are being asked to sign.

If you feel unsafe in your relationship and want support, this link will take you to information about the Arizona Domestic Violence Helpline.