WASHINGTON.  Revised Code of Washington.

 

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Title 9 RCW

CRIMES AND PUNISHMENTS

 

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Chapter 9.02 RCW

ABORTION

 

RCW 9.02.005
Transfer of duties to the department of health.

The powers and duties of the state board of health under this chapter shall be performed by the department of health.

RCW 9.02.050
Concealing birth.

Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross misdemeanor.

RCW 9.02.100
Reproductive privacy -- Public policy.

The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.

     Accordingly, it is the public policy of the state of Washington that:

     (1) Every individual has the fundamental right to choose or refuse birth control;

     (2) Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902;

     (3) Except as specifically permitted by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion; and

     (4) The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.

RCW 9.02.110
Right to have and provide.

The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health.

     A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section.

RCW 9.02.120
Unauthorized abortions -- Penalty.

Unless authorized by RCW 9.02.110, any person who performs an abortion on another person shall be guilty of a class C felony punishable under chapter 9A.20 RCW.

RCW 9.02.130
Defenses to prosecution.

The good faith judgment of a physician as to viability of the fetus or as to the risk to life or health of a woman and the good faith judgment of a health care provider as to the duration of pregnancy shall be a defense in any proceeding in which a violation of this chapter is an issue.

RCW 9.02.140
State
regulation.

Any regulation promulgated by the state relating to abortion shall be valid only if:

     (1) The regulation is medically necessary to protect the life or health of the woman terminating her pregnancy,

     (2) The regulation is consistent with established medical practice, and

     (3) Of the available alternatives, the regulation imposes the least restrictions on the woman's right to have an abortion as defined by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.

RCW 9.02.150
Refusing to perform.

No person or private medical facility may be required by law or contract in any circumstances to participate in the performance of an abortion if such person or private medical facility objects to so doing. No person may be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the termination of a pregnancy.

RCW 9.02.160
State-provided benefits.

If the state provides, directly or by contract, maternity care benefits, services, or information to women through any program administered or funded in whole or in part by the state, the state shall also provide women otherwise eligible for any such program with substantially equivalent benefits, services, or information to permit them to voluntarily terminate their pregnancies.

RCW 9.02.170
Definitions.

For purposes of this chapter:

     (1) "Viability" means the point in the pregnancy when, in the judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures.

     (2) "Abortion" means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.

     (3) "Pregnancy" means the reproductive process beginning with the implantation of an embryo.

     (4) "Physician" means a physician licensed to practice under chapter 18.57 or 18.71 RCW in the state of Washington.

     (5) "Health care provider" means a physician or a person acting under the general direction of a physician.

     (6) "State" means the state of Washington and counties, cities, towns, municipal corporations, and quasi-municipal corporations in the state of Washington.

     (7) "Private medical facility" means any medical facility that is not owned or operated by the state.

RCW 9.02.900
Construction -- 1992 c 1 (Initiative Measure No. 120).

RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall not be construed to define the state's interest in the fetus for any purpose other than the specific provisions of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.

RCW 9.02.901
Severability -- 1992 c 1 (Initiative Measure No. 120).

If any provision of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 or its application to any person or circumstance is held invalid, the remainder of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 or the application of the provision to other persons or circumstances is not affected.

RCW 9.02.902
Short title -- 1992 c 1 (Initiative Measure No. 120).

RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall be known and may be cited as the Reproductive Privacy Act.

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Chapter 9.68 RCW

OBSCENITY AND PORNOGRAPHY

 

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RCW 9.68.030
Indecent articles, etc.

Every person who shall expose for sale, loan or distribution, any instrument or article, or any drug or medicine, for causing unlawful abortion; or shall write, print, distribute or exhibit any card, circular, pamphlet, advertisement or notice of any kind, stating when, where, how or of whom such article or medicine can be obtained, shall be guilty of a misdemeanor.

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Title 9A RCW

WASHINGTON CRIMINAL CODE

 

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Chapter 9A.50 RCW

INTERFERENCE WITH HEALTH CARE FACILITIES OR PROVIDERS

 

RCW 9A.50.005
Finding.

The legislature finds that seeking or obtaining health care is fundamental to public health and safety.

RCW 9A.50.010
Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Health care facility" means a facility that provides health care services directly to patients, including but not limited to, a hospital, clinic, health care provider's office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home.

     (2) "Health care provider" has the same meaning as defined in RCW 7.70.020 (1) and (2), and also means an officer, director, employee, or agent of a health care facility who sues or testifies regarding matters within the scope of his or her employment.

     (3) "Aggrieved" means:

     (a) A person, physically present at the health care facility when the prohibited actions occur, whose access is or is about to be obstructed or impeded;

     (b) A person, physically present at the health care facility when the prohibited actions occur, whose care is or is about to be disrupted;

     (c) The health care facility, its employees, or agents;

     (d) The owner of the health care facility or the building or property upon which the health care facility is located.

RCW 9A.50.020
Interference with health care facility.

It is unlawful for a person except as otherwise protected by state or federal law, alone or in concert with others, to willfully or recklessly interfere with access to or from a health care facility or willfully or recklessly disrupt the normal functioning of such facility by:

     (1) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;

     (2) Making noise that unreasonably disturbs the peace within the facility;

     (3) Trespassing on the facility or the common areas of the real property upon which the facility is located;

     (4) Telephoning the facility repeatedly, or knowingly permitting any telephone under his or her control to be used for such purpose; or

     (5) Threatening to inflict injury on the owners, agents, patients, employees, or property of the facility or knowingly permitting any telephone under his or her control to be used for such purpose.

RCW 9A.50.030
Penalty.

A violation of RCW 9A.50.020 is a gross misdemeanor. A person convicted of violating RCW 9A.50.020 shall be punished as follows:

     (1) For a first offense, a fine of not less than two hundred fifty dollars and a jail term of not less than twenty-four consecutive hours;

     (2) For a second offense, a fine of not less than five hundred dollars and a jail term of not less than seven consecutive days; and

     (3) For a third or subsequent offense, a fine of not less than one thousand dollars and a jail term of not less than thirty consecutive days.

RCW 9A.50.040
Civil remedies.

(1) A person or health care facility aggrieved by the actions prohibited by RCW 9A.50.020 may seek civil damages from those who committed the prohibited acts and those acting in concert with them. A plaintiff in an action brought under this chapter shall not recover more than his or her actual damages and additional sums authorized in RCW 9A.50.050. Once a plaintiff recovers his or her actual damages and any additional sums authorized under this chapter, additional damages shall not be recovered. A person does not have to be criminally convicted of violating RCW 9A.50.020 to be held civilly liable under this section. It is not necessary to prove actual damages to recover the additional sums authorized under RCW 9A.50.050, costs, and attorneys' fees. The prevailing party is entitled to recover costs and attorneys' fees.

     (2) The superior courts of this state shall have authority to grant temporary, preliminary, and permanent injunctive relief to enjoin violations of this chapter.

     In appropriate circumstances, any superior court having personal jurisdiction over one or more defendants may issue injunctive relief that shall have binding effect on the original defendants and persons acting in concert with the original defendants, in any county in the state.

     Due to the nature of the harm involved, injunctive relief may be issued without bond in the discretion of the court, notwithstanding any other requirement imposed by statute.

     The state and its political subdivisions shall cooperate in the enforcement of court injunctions that seek to protect against acts prohibited by this chapter.

RCW 9A.50.050
Civil damages.

In a civil action brought under this chapter, an individual plaintiff aggrieved by the actions prohibited by RCW 9A.50.020 may be entitled to recover up to five hundred dollars for each day that the actions occurred, or up to five thousand dollars for each day that the actions occurred if the plaintiff aggrieved by the actions prohibited under RCW 9A.50.020 is a health care facility.

RCW 9A.50.060
Informational picketing.

Nothing in RCW 9A.50.020 shall prohibit either lawful picketing or other publicity for the purpose of providing the public with information.

RCW 9A.50.070
Protection of health care patients and providers.

A court having jurisdiction over a criminal or civil proceeding under this chapter shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient or health care provider who is a party or witness in a proceeding, including granting protective orders and orders in limine.

RCW 9A.50.900
Construction.

Nothing in this chapter shall be construed to limit the right to seek other available criminal or civil remedies. The remedies provided in this chapter are cumulative, not exclusive.

RCW 9A.50.901
Severability -- 1993 c 128.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

RCW 9A.50.902
Effective date -- 1993 c 128.

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 26, 1993].

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Title 18 RCW

BUSINESSES AND PROFESSIONS

 

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Chapter 18.71 RCW

PHYSICIANS

 

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RCW 18.71.240
Abortion -- Right to medical treatment of infant born alive.

The right of medical treatment of an infant born alive in the course of an abortion procedure shall be the same as the right of an infant born prematurely of equal gestational age.

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Title 68 RCW

CEMETERIES, MORGUES, AND HUMAN REMAINS

  

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Chapter 68.50 RCW

HUMAN REMAINS

  

RCW 68.50.010
Coroner's jurisdiction over remains.

The jurisdiction of bodies of all deceased persons who come to their death suddenly when in apparent good health without medical attendance within the thirty-six hours preceding death; or where the circumstances of death indicate death was caused by unnatural or unlawful means; or where death occurs under suspicious circumstances; or where a coroner's autopsy or post mortem or coroner's inquest is to be held; or where death results from unknown or obscure causes, or where death occurs within one year following an accident; or where the death is caused by any violence whatsoever, or where death results from a known or suspected abortion; whether self-induced or otherwise; where death apparently results from drowning, hanging, burns, electrocution, gunshot wounds, stabs or cuts, lightning, starvation, radiation, exposure, alcoholism, narcotics or other addictions, tetanus, strangulations, suffocation or smothering; or where death is due to premature birth or still birth; or where death is due to a violent contagious disease or suspected contagious disease which may be a public health hazard; or where death results from alleged rape, carnal knowledge or sodomy, where death occurs in a jail or prison; where a body is found dead or is not claimed by relatives or friends, is hereby vested in the county coroner, which bodies may be removed and placed in the morgue under such rules as are adopted by the coroner with the approval of the county commissioners, having jurisdiction, providing therein how the bodies shall be brought to and cared for at the morgue and held for the proper identification where necessary.

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Title 74 RCW

PUBLIC ASSISTANCE

 

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Chapter 74.12 RCW

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

 

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RCW 74.12.400
Reduce reliance on aid -- Work and job training -- Family planning -- Staff training.

The department shall train financial services and social work staff who provide direct service to recipients of temporary assistance for needy families to:

(1) Effectively communicate the transitional nature of temporary assistance for needy families and the expectation that recipients will enter employment;

(2) Actively refer clients to the job opportunities and basic skills program;

(3) Provide social services needed to overcome obstacles to employability; and

(4) Provide family planning information and assistance, including alternatives to abortion, which shall be conducted in consultation with the department of health.

RCW 74.12.410
Family planning information -- Cooperation with the superintendent of public instruction -- Abstinence education and motivation programs, contracts -- Legislative review and oversight of programs and contracts.

(1) At time of application or reassessment under this chapter the department shall offer or contract for family planning information and assistance, including alternatives to abortion, and any other available locally based teen pregnancy prevention programs, to prospective and current recipients of aid to families with dependent children.

(2) The department shall work in cooperation with the superintendent of public instruction to reduce the rate of illegitimate births and abortions in Washington state.

(3) The department of health shall maximize federal funding by timely application for federal funds available under P.L. 104-193 and Title V of the federal social security act, 42 U.S.C. 701 et seq., as amended, for the establishment of qualifying abstinence education and motivation programs. The department of health shall contract, by competitive bid, with entities qualified to provide abstinence education and motivation programs in the state.

(4) The department of health shall seek and accept local matching funds to the maximum extent allowable from qualified abstinence education and motivation programs.

(5)(a) For purposes of this section, "qualifying abstinence education and motivation programs" are those bidders with experience in the conduct of the types of abstinence education and motivation programs set forth in Title V of the federal social security act, 42 U.S.C. Sec. 701 et seq., as amended.

(b) The application for federal funds, contracting for abstinence education and motivation programs and performance of contracts under this section are subject to review and oversight by a joint committee of the legislature, composed of four legislative members, appointed by each of the two caucuses in each house.

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