Arizona Senate bill proposes restrictions on fetal research

PHOENIX — Abortion foes at the Legislature on Monday proposed new restrictions on fetal research that would be even more restrictive than federal law.

SB 1474 would make it a crime to do research or experimentation on a human fetus, embryo or even the fluid that results from an abortion. The only exception would be to diagnose the health of the fetus to preserve its life or health or that of the mother, or a pathological study to determine why a fetus aborted on its own.

But the more significant part of the proposal by Sen. Nancy Barto, R-Phoenix, would ban the sale, transfer or even giving away any fetus, part, organ or fluid.

Planned Parenthood Arizona says that, unlike other affiliates, it does not provide fetal tissue for research. But this measure likely would preclude any Arizona doctor from ever doing that, even though such donations and medical research remain legal under federal law.

Barto said the breadth of the measure is justified.

“The bill seeks to protect the dignity of unborn infants in all respects, whether for profit or not,” she said.

The legislation is the direct outgrowth of undercover videos released last year by an anti-abortion group that purports to show officials from Planned Parenthood discussing the sale of tissue.

There are already restrictions on fetal-tissue research in Arizona law.

Jodi Liggett, a spokeswoman for Planned Parenthood, pointed to the bill’s provision that says anyone who performs an abortion or has fetal tissue cannot even donate it for legitimate research. “This is bad for medical research,” she said.

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donations blocked

Separately Monday, Senate President Andy Biggs introduced legislation to permanently block state employees from making donations to Planned Parenthood through payroll deductions.

Members of the State Employees Charitable Campaign executive policy committee decided last year the organization was too “controversial” to be on the authorized list of charities available to state workers. But Planned Parenthood likely will renew its efforts for inclusion this coming year. SB 1485 is designed to undermine such a request by pre-emptively disqualifying any organization that performs elective abortions.

biggs concedes

There was a small victory of sorts Monday for Planned Parenthood: Abortion foes have given up in their effort to defund the organization.

A 2012 Arizona law barred any organization that provides elective abortions from participating in the Medicaid program.

Both state and federal law bar the use of tax dollars for such procedures. But proponents argue that any money that goes to Planned Parenthood for family planning services effectively subsidizes the organization’s abortion services.

A federal appeals court ruled the restriction was illegal, saying that Medicaid patients are entitled to choose any “qualified provider” for family planning, even one that also does abortions.

In December, Biggs announced he had found a way around that ruling and would be introducing legislation. But on Monday he conceded that was not legally possible given that Medicaid rules are set by federal law.