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2019 Op. Wash. Att'y Gen. 1 (2019)

handle is hein.sag/sagwa2019 and id is 1 raw text is: 









Published on Washington State (http://www.atg.wa.gov)
Home > Authority Of Advanced Registered Nurse Practitioners And Physician Assistants To Perform Pre-Viability Aspiration Abortions

Attorney General

PROFESSIONAL REGULATION-PHYSICIANS-NURSES-ABORTIONS-Authority Of
Advanced Registered Nurse Practitioners And Physician Assistants To Perform Pre-Viability
Aspiration Abortions

The Reproductive Privacy Act (Initiative 120) allows physician assistants and advanced
registered nurse practitioners to perform pre-viability aspiration abortions, so long as that
procedure is otherwise within their training, certification, and scope of practice without a
supervising physician being physically present.

                                      February 1, 2019


 The Honorable Eileen Cody
 State Representative, District 34                        Cite As:
 PO Box 40600                                             AGO 2019 No. 1
 Olympia, WA 98504-0600


 Dear Representative Cody:

       You have requested our opinion on the following four questions:

         1. Does RCW 18.79.050 supersede the physician-only restriction in the
         Reproductive Privacy Act insofar as that restriction would prevent qualified
         advanced registered nurse practitioners from performing first trimester aspiration
         abortions?

         2. The plain language of the Reproductive Privacy Act permits health care
         professionals to perform abortions under the supervision of a licensed physician,
         and there is nothing in the Reproductive Privacy Act that requires this supervision
         to be in person. Does this mean that there is nothing in the Reproductive Privacy
         Act to prevent physician assistants from performing first trimester aspiration
         abortions?

         3. Assuming that the Reproductive Privacy Act does not prohibit qualified
         physician assistants whose scope of practice includes first trimester aspiration
         abortions from providing this service, does the Reproductive Privacy Act require
         in-person supervision from a physician?

         4. Does the application of the physician-only restriction in the Reproductive
         Privacy Act to advanced practice clinicians in Washington State otherwise violate

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