Frequently Asked Questions

Yes, under certain circumstances and subject to certain limitations. You can find an overview of the current state of the law under Arizona Abortion Laws.

Right now, Arizonans can continue to access abortion care (including medication abortion) up to 15 weeks gestational age, or later 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. 

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

On April 9, 2024, the Arizona Supreme Court ruled that the 1864 near-total abortion ban is enforceable. Based on that ruling, the earliest the 1864 ban could take effect is June 27, 2024 and a court could extend that date further.

In addition, on May 2, 2024, Governor Katie Hobbs signed H.B. 2677, which repeals the 1864 ban. H.B. 2677 will take effect 90 days after the Legislature adjourns, which could be in June or later. This means the repeal may not take effect until the fall at the earliest.

Therefore, the 1864 ban could be the law in Arizona for a short period of time between when the 1864 ban becomes enforceable (as early as June 27, 2024) and when the new law repealing the 1864 ban takes effect 90 days after the Legislature adjourns.

It is 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.

Yes. Birth control is legal. Importantly, Arizona’s definition of “abortion” does not include birth control devices (like IUDs); or oral contraceptives that inhibit or prevent ovulation, or which inhibit or prevent conception or the implantation of a fertilized ovum in the uterus (like birth control or the “morning after” pill).

In addition, under Arizona law, pharmacists can provide contraceptives to patients who are 18 and older without a doctor’s prescription. However, Arizonans should know that pharmacies are not required to participate in this new program, and not all are. It’s best to call in advance and ask if your pharmacist is able to dispense birth control without a prescription.

You can find more information about the process for seeking contraceptives without a prescription on the Arizona Department of Health Services website.

You can read the Department’s standing order that implements this new law.

Yes. Under Arizona law, oral contraceptives like the “morning after” pill, which inhibit or prevent contraception or the implantation of a fertilized ovum in the uterus, are not abortion drugs, and taking them is not an abortion.

Mifepristone is an abortion medication. There are two types of abortions: surgical abortions and medication abortions. There are several different drugs that are used for medication abortions worldwide.

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. 

The brand-name of mifepristone is “Mifeprex.” Mifeprex was first approved by the FDA in 2000, and the FDA approved the first generic form of mifepristone in 2019. Misoprostol was originally approved for reducing the risk of ulcers, but it’s long been prescribed “off-label” for several gynecological uses, including for miscarriage and abortion care.

The FDA allows healthcare providers to prescribe drugs “off-label,” meaning for a different use than the one they were approved for, when that drug is medically appropriate and consistent with the standard of care.  Medical providers often prescribe drugs for off-label uses. 

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.

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

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 one of their parents or their guardian or conservator.

Second, minors can get an abortion if they go through something called “judicial bypass,” where a judge authorizes a physician to perform the abortion without the consent of the minor’s parent or guardian.

Minors seeking abortion care should contact licensed medical providers to understand their treatment options and get recommendations about how to navigate the legal judicial bypass process, if necessary. 

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.

Yes. Abortion clinics and providers are regulated and subject to licensing and other requirements 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.

You can find a brief overview of current Arizona law under Arizona Abortion Laws.

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

You can read through statutes in Title 13 here.

You can read through statutes inTitle 36 here.

In today’s digital world, 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 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. 

You can find that guidance under Consumer Alerts or read it here. 

Not all of it, no. 

HIPAA is a federal law that protects certain kinds of information and applies to “Covered Entities” and the “business associates” of those Covered Entities. Covered Entities include health plans (like health insurance companies, HMOs, Medicare, and Medicaid); most healthcare providers; and healthcare clearinghouses. Business associates include companies that help doctors get paid, or outside lawyers and accountants. 

Although other federal and state laws may extend similar protections in other areas, HIPAA itself does not necessarily apply whenever you communicate personal health information. For example, HIPAA itself does not apply to life insurers or employers. 

Bottom line, 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.  You should consult with your medical providers and ask how your information will be protected. 

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

No. Unless you authorize the doctor or clinic to release that information to your spouse or partner.  But 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. In addition, 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.