On November 5, 2024, Arizona voters approved Proposition 139, the “Arizona Abortion Access Act.” This established the right to an abortion in the Arizona Constitution.
Under Prop. 139:
- Arizonans have a constitutional right to access abortion care until the point in pregnancy when it is significantly likely the fetus could survive outside the uterus (also called “fetal viability”). This point is usually between 22-25 weeks of pregnancy, but depends on the health of the mother and the fetus.
- Arizonans also have a constitutional right to access abortion care after fetal viability if a doctor believes it is necessary to save the life of the mother or otherwise protect the physical or mental health of the mother.
Prop. 139 went into effect on November 25, 2024. We’ve compiled a list of Frequently Asked Questions so you can know the facts when seeking care.
Arizona Law
Is abortion legal in Arizona?
Yes, though some restrictions do apply. Arizonans can access abortion care (including medication abortion) up to the point of “fetal viability” (when the fetus could most likely survive outside the uterus). After the point of fetal viability, abortion care is legal if a doctor determines it is needed to save the life of the mother, or to keep the mother physically and mentally healthy.
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 abortion-related measure that voters approved in the 2024 General Election?
Voters passed Proposition 139, the “Arizona Abortion Access Act,” in the 2024 General Election, and it became effective on November 25, 2024. Prop. 139 ensures that:
- Arizonans have a right to abortion in the state Constitution;
- Before the point of fetal liability, the State cannot, without a compelling justification, restrict a woman’s right to have an abortion.
- Specifically, the State can restrict pre-viability abortion access if that restriction is necessary to maintain the health of the mother based on medical standards and evidence, and the restriction is the least restrictive measure available to accomplish that purpose.
- The State can’t interfere with the good-faith judgment of a treating doctor who believes that an abortion is necessary to protect the life or health of the mother; and
- The State can’t punish someone for helping a woman to get a legal abortion or for exercising their own right to an abortion.
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.
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:
- Ask if another pharmacist on staff will dispense the medication, or
- 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
Can I order abortion medication through the mail?
Arizona law that pre-dates the Arizona Abortion Access Act prohibits manufacturers, suppliers, physicians, and anyone else from providing abortion medication to someone through a courier, delivery, or mail service. This restriction may be challenged under the new constitutional protections for abortion care, but it remains on the books until it is changed by the Legislature or invalidated by a court.
Can I get an abortion if I’m under 18?
Minors seeking abortion care should discuss their treatment options with a licensed healthcare provider.
Under Arizona law that pre-dates the Arizona Abortion Access Act, 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.
These restrictions may be challenged under the new constitutional protections for abortion care, but they remain on the books until they are changed by the Legislature or invalidated by a court.
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. Some laws restricting access to abortion care may be challenged under the new constitutional protections enacted by Prop. 139, but they remain on the books until they are changed by the Legislature or invalidated by a court.
Read Proposition 139, which voters approved at the 2024 General Election.
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.