Healthcare Prof:
The Arkansas Senate on Tuesday approved 27-3 a bill (HB 1033) that would require written consent from a parent or guardian before a woman under age 18 could undergo an abortion, the Arkansas Democrat-Gazette reports (Wickline/Bleed, Arkansas Democrat-Gazette, 2/16). The measure, which state Rep. Jeremy Hutchinson (R) prefiled last month, also would require any mentally incompetent woman — regardless of age — to obtain consent from a parent or guardian before undergoing an abortion. The measure would require a parent or guardian to give permission for the procedure inside the presence with the abortion provider or submit their notarized signature. However, the bill would allow for exceptions in cases of incest or when pregnancy endangers the life with the woman. In addition, if a woman or girl does not wish to obtain consent from a parent or guardian, a judge would be necessary to hold a hearing to determine if the woman is mature enough to make her own decision about abortion and bypass the parental-consent requirement. Under the measure, violation of the law would constitute a misdemeanor and could result in civil action from the parent or guardian whose consent was required. Current state law requires that abortion providers notify a minor’s guardian before performing an abortion but does not require parental consent (Kaiser Every day Reproductive Health Report, 2/3). Although the state House already has approved the original version with the measure, the bill will return to the House for consideration of Senate amendments, none of which significantly altered the original bill, according to the Arkansas News Bureau (Thompson/Robinson, Arkansas News Bureau, 2/16). Gov. Mike Huckabee (R) has expressed support for the bill, according to the Associated Press (Nelson, Associated Press, 2/16).
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Well being Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Every day Reproductive Wellness Report is published for kaisernetwork.org, a free service of the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
3 (2 votes)
Healthcare Prof:
The Montana House on Monday preliminarily approved 53-47 a bill… (HB 730) that would require parental notification for minors seeking abortion, the AP/Billings Gazette reports. The measure is an effort to “revive” a state parental notification law, which the Montana Department of Justice inside the late 1990s stopped enforcing after the Montana Supreme Court issued a ruling nullifying the law’s restrictions, according towards the AP/Gazette. The current bill would “revam[p]” the system by which minors seeking abortion can gain judicial bypass to avoid parental notification for the procedure, the AP/Gazette reports. According to state Rep. Michael Lange (R), the measure would relax the current law’s requirements for judicial bypass. Currently, a judge must find “clear and convincing evidence” that a minor is “mature enough” to undergo abortion. The new measure would require a judge only find that a minor seeking abortion is “competent,” according to the AP/Gazette. “It doesn’t try to do some super-secret change,” Lange said, adding, “It just tries to make the law constitutional.” However, state Rep. Gail Gutsche (D) stated that the measure fails to overcome the state Supreme Court ruling, adding that the law would still impose a restriction violating the privacy right guaranteed by the state constitution (Anez, AP/Billings Gazette, 2/21).
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Every day Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Everyday Reproductive Health Report is published for kaisernetwork.org, a free service with the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
Georgia Residence Approves Bill That Would Demand 24-Hour Waiting Period for Ladies Seeking Abortion
Healthcare Prof:
The Georgia House on Wednesday voted 139-35 to approve a bill… (HB 197) that would require a 24-hour waiting period for women seeking abortion and tighten parental notification regulations for minors seeking the procedure, the Atlanta Journal-Constitution reports. The measure would require women seeking abortion to be informed with the medical risks of the procedure, the gestational age of the fetus, information about potential fetal pain experienced during an abortion and alternatives to the procedure. In addition, the measure would require that a minor’s parent or legal guardian be notified if she seeks an abortion. The current parent notification law allows other adults, such as a grandparent or other relative, to “stand in” for a minor’s parent or guardian, according towards the Journal-Constitution (Campos, Atlanta Journal-Constitution, 2/24). The House Health and Human Services Committee last week removed from the bill the requirement that doctors tell women about a feasible link between abortion and an increased risk of breast cancer. The committee also removed a provision that would have allowed the partner or parents of a woman who has undergone an abortion to sue the abortion provider if they believe the procedure was conducted improperly. In addition, the committee agreed to keep secret the names of abortion providers who would be required to report information to the state about abortions performed (Kaiser Everyday Reproductive Well being Report, 2/22). The bill now goes to the full state Senate, which approved similar legislation in 2003 (Basinger, Florida Times-Union, 2/24).
Similar Senate Measure
The state Senate Health and Human Services Committee earlier this month approved a similar measure (SB 77) that would require women to wait 24 hours before undergoing an abortion and receive information about the probable age and development with the fetus, the medical risks of abortion, “fetal pain” and alternatives to abortion, which includes adoption. The bill also would require doctors to notify the parents of minors under age 18 who are seeking abortion (Kaiser Everyday Reproductive Well being Report, 2/22).
Opposing Opinion Pieces
The Journal-Constitution on Friday published an editorial and an opposing opinion piece on the bills, which are summarized below.
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Everyday Reproductive Well being Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Day-to-day Reproductive Health Report is published for kaisernetwork.org, a free service with the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
Healthcare Prof:
The South Dakota House State Affairs Committee on Wednesday approved 10-1 a bill… (SB 193) that would require parents to be notified within 24 hours of “emergency abortions” performed on their minor daughters, the AP/Aberdeen American News reports (Brokaw, AP/Aberdeen American News, 2/23). The measure also would tighten the current state definition of a parent to ensure that nonparents cannot take minors across state lines to access abortion services. The measure includes a clause that would allow minors to seek a court order to avoid parental notification for emergency abortions. The state Senate approved the measure earlier this month (Kaiser Every day Reproductive Well being Report, 2/18). The measure now goes to the full state House (AP/Aberdeen American News, 2/23).
Senate Committee Action
The Senate State Affairs Committee on Wednesday approved three bills that would restrict abortion access inside the state, the Associated Press reports. Each of the measures now goes towards the state Senate for consideration (Kafka, Associated Press, 2/23). Details with the bills are below.
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Everyday Reproductive Wellness Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Wellness Report is published for kaisernetwork.org, a free service of the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
Healthcare Prof:
The U.S. delegation towards the United Nations on Friday ahead of a two-week U.N. review with the 1995 Fourth World Conference on Women in Beijing voiced concern about language in the 1995 conference’s Platform For Action and proposed an amendment specifying that the platform does not include a right to abortion or “create any new international human rights,” the AP/Boston Globe reports (Lederer, AP/Boston Globe, 2/28). At the Beijing conference, which occurred during the Clinton administration, abortion rights were declared a “health issue” and also the adopted conference platform stated that abortion should be safe in places where it is legal and that criminal charges should not be filed against any woman who undergoes an illegal abortion, Reuters reports. The platform also “broke new ground” by advocating comprehensive sex education for adolescents, according to Reuters (Leopold, Reuters, 2/28). The platform also stated that women have the right to “decide freely and responsibly on matters related to their sexuality … free of coercion, discrimination and violence.” Ahead of this year’s review, the U.N. Commission on the Status of Women — which organized the two-week meeting expected to be attended by delegates from much more than 100 countries and much more than 6,000 women’s rights advocates — proposed a “short” declaration asking the participating countries to “reaffirm” progress toward the Beijing platform, “welcome” progress toward achieving gender equality, “stress” that challenges remain and “pledge to undertake further action to ensure … full and accelerated implementation,” according towards the AP/Globe.
Details of U.S. Position
However, Bush administration representatives on Thursday at an informal, closed-door meeting stated the United States could not sign on towards the declaration because of concerns that the Beijing platform classified legal abortion as a human right. On Friday, U.S. delegates formally proposed an amendment towards the Beijing platform that would reaffirm U.S. commitment to the platform and declaration “while reaffirming that they do not create any new international human rights and that they do not include the right to abortion” (AP/Boston Globe, 2/28). “What we have been advocating is not new,” Richard Grenell, spokesperson for the U.S. mission towards the United Nations, said, adding, “We believe wholeheartedly that the Beijing document does not establish or guarantee a right for an abortion. It is the message that we always send, to state what U.S. policy is.”
Reaction
Adrienne Germain, president of the International Women’s Well being Coalition plus a member with the U.S. delegation at the Beijing conference, stated the Bush administration “threw down the gauntlet” by proposing the amendment, adding, “Each one of us would like to insert an amendment on our particular interest. But the United States is putting up red flags by taking a unilateral position during a multilateral consensus” (Reuters, 2/28). Kyung-wha Kang, chair with the U.N. Commission on the Status of Women, did not comment on the U.S. amendment but said that the commission encourages all country delegations to “exercise as much flexibility and cooperation … so that inside the end we can adopt language that all can agree to” (AP/Boston Globe, 2/28).
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Everyday Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Everyday Reproductive Wellness Report is published for kaisernetwork.org, a free service with the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
Healthcare Prof:
.The Los Angeles Times on Monday examined how an abortion-related amendment, expected to be introduced by Sen. Charles Schumer (D-N.Y.), might derail federal bankruptcy reform legislation again this session. Schumer has said he will introduce an amendment towards the legislation that would limit the ability of antiabortion protesters to declare bankruptcy in order to avoid court-imposed fines. Schumer introduced similar amendments to the Senate version of the legislation in 2002 and 2003 (Reynolds, Los Angeles Times, 2/28). However, the House-passed version of the bill lacked the provision both years. Although House and Senate negotiators in 2002 agreed on compromise language that narrowed the abortion-related provision to pertain only to cases of intentional violence and apply much more generally beyond abortion clinics, the House removed the abortion-related language altogether before passing the measure, and then-Senate Majority Leader Tom Daschle (D-S.D.) refused to bring it to a vote within the Senate, effectively killing the measure (Kaiser Every day Reproductive Wellness Report, 1/29/04). Overhauling the bankruptcy code is a “top item” on the Senate’s agenda, but Republicans have stated Schumer’s abortion-related amendment is a “poison pill” for the legislation, which otherwise would “pass easily,” according to the Times (Los Angeles Times, 2/28).
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Every day Reproductive Well being Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Everyday Reproductive Wellness Report is published for kaisernetwork.org, a free service of the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
Healthcare Prof:
The Colorado House Judiciary Committee on Thursday rejected 6-4 a bill… (HB 1260) that would have criminalized abortions performed on women pregnant with “viable” fetuses, the Denver Post reports (Cassutt, Denver Post, 2/25). Under the bill, which was sponsored by state Rep. Bill Crane (R), physicians providing such abortions could have been charged with a class 1 misdemeanor, which is punishable by up to 18 months in jail along with a $10,000 fine (Scanlon, Denver Rocky Mountain News, 2/25). Although the bill did not specify the gestational age at which a fetus is deemed able to live outside the womb, it said that a fetal heartbeat, voluntary movement or breathing could classify a fetus as viable, according towards the Post (Denver Post, 2/25).
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Every day Reproductive Well being Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Well being Report is published for kaisernetwork.org, a free service with the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
Healthcare Prof:
The Indiana Senate on Thursday approved 40-8 a bill… (SB 76) that would require abortion providers to tell women seeking abortion that they have the option of viewing an ultrasound with the fetus and hearing the fetus’s heartbeat before undergoing the procedure, the Indianapolis Star reports. Under current law, abortion providers must tell women about the risks associated with both abortion and pregnancy and give women the option of viewing an image of a fetus and learning about a fetus’s potential survival. State Sen. Michael Young (R), the measure’s sponsor, stated that the bill is necessary because women have told him they “didn’t know this technology was available or doctors said it wasn’t needed,” according towards the Star. The state Senate has approved similar measures during the past 4 legislative sessions, but the measures have failed inside the state House. However, the measure is seen as having a better chance of passing inside the Republican-controlled state House this session, according towards the Star. State Rep. Bob Alderman (R), chair of the state House Public Policy and Veterans Affairs Committee, said that he has not read the bill and does not know whether he will give it a hearing if it is sent to his committee (McNeil, Indianapolis Star, 2/25).
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Everyday Reproductive Well being Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Well being Report is published for kaisernetwork.org, a free service with the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
Healthcare Prof:
Kansas Gov. Kathleen Sebelius (D) and 14 female Democratic state representatives on Friday criticized state Attorney General Phill Kline (R) for his attempts to access the medical records of women and girls who have had late-term abortions, the… Arizona Republic reports (Arizona Republic, 2/26). Two Kansas medical clinics last week filed a brief with the state Supreme Court requesting that the court block Kline’s investigation involving the medical records of about 90 women who sought late-term abortions at the clinics in 2003. According to the brief, Kline last year issued a subpoena ordering the release of complete, unedited medical records — which includes each patient’s name, medical history, birth control practices, psychological profile and sexual history — for all women and girls who sought abortions at or soon after 22 weeks gestation. The brief claims that Kline subpoenaed the records to search for evidence of crimes, such as feasible violations of laws limiting late-term abortions and requiring mandatory reporting of suspected child sexual abuse. In a news conference on Thursday, Kline stated that he needed access to the records to be able to do his job. Kline is expected to file a response brief by March 14 (Kaiser Everyday Reproductive Health Report, 2/25). In news conferences, Sebelius along with the lawmakers called Kline’s investigation an “invasion of privacy,” according towards the Republic. “I find the potential to reveal very personal health histories of women and girls extremely troubling,” Sebelius stated (Arizona Republic, 2/26).
Los Angeles Times Examines Kansas Abortion Debate
The Los Angeles Times on Saturday examined how Kline’s investigation has sparked a debate over abortion and privacy rights. Kline’s “aggressive action” has drawn praise from antiabortion advocates, but abortion providers and patients say the idea of an official “second-guess[ing]” physicians’ evaluations “terrifies them,” according towards the Times (Huffstutter/Simon, Los Angeles Times, 2/26). The complete article is available online.
Kansas City Star Examines Case’s National Attention
The Kansas City Star on Saturday examined the national attention garnered by Kline’s investigation (Klepper/Bauer, Kansas City Star, 2/26). The complete article is available online.
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Day-to-day Reproductive Well being Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Everyday Reproductive Health Report is published for kaisernetwork.org, a free service of the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
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