Physicians Strike Down Pregnancy Termination Restrictions in Landmark Lawsuit

Arizona physicians lift harmful pregnancy termination restrictions in landmark legal victory for patient care

PHOENIX, Arizona  — The Arizona Medical Association and fellow plaintiffs struck down several harmful reproductive healthcare restrictions in a landmark legal victory today. 

The litigation lifts restrictions on pregnancy termination that infringed upon the physician-patient relationship, physicians' right to deliver essential care without fear of criminalization, and patients' right to access care.

Effective today and barring any further legal developments, the following laws have been enjoined and cannot be enforced:

1. Two Trip Scheme: A law that required 1) physicians to relay biased information about pregnancy termination to patients in person; 2) physicians to perform an ultrasound and other lab tests on every patient, regardless of any medical indication; and 3) a 24-hour waiting period before patients could obtain care — requiring patients to make two trips, often several days or even weeks apart.
2. Telemedicine Ban Scheme: The prohibition on the use of telemedicine for medication abortion, which is a safe, effective, and accessible form of care.
3. Reason Ban Scheme: A ban on pregnancy terminations based on the reason the patient is seeking one, forcing physicians to turn patients away if they suspect or know their reason for seeking care is due to a fetal condition.



As the judge stated in his opinion, the challenged laws universally suppressed medical judgment, which led him to render the restrictions "invalid in all circumstances."

"By lifting these laws, we have removed very real barriers that our OBGYN, MFM, and primary care colleagues faced in delivering care," shared Jason Jameson, MD, president of ArMA. "Now, they can freely exercise their medical judgment to counsel and care for patients without fear of criminalization or civil penalties under these laws."

"Restrictions like Arizona’s biased counseling requirement and forced delay period forced me to undermine my patients’ decisions and violate my professional code of ethics," stated Dr. Laura Mercer, an OBGYN and member of ArMA's Board of Directors. "I am relieved that my patients will no longer be forced to make additional unnecessary visits for care, nor will I be required to give them disinformation." 

ArMA's Board of Directors voted to sign on to the lawsuit in alignment with the organization's policy on pregnancy termination — that pregnancy termination is an essential component of health care — and its mission to protect physicians from the criminalization of care and safeguard the physician-patient relationship.

"Today's victory is testament to the power of organized medicine," stated Dr. Jameson. "The Arizona Medical Association represents the collective physician voice in the arenas where it matters most — in court, at the Capitol, and anywhere physician autonomy and patient care are threatened."