From TX to OH - GOP Laser-Like Focus on Abortion
By now, every thinking person knows that the Republican laser-like focus on JOBS! actually means ABORTION, Texas just managed to successfully filibuster its latest abortion bill (rescheduled for July, because those thousands of angry people in the capitol rotunda didn’t matter, let’s now look at Ohio and their focus on jobs, er, abortion.
Ohio House Bill 200 is another attack on women, their right to choose, and ability to control their bodies and their lives. It extends waiting periods, mandates ultrasounds, mandates that doctors, by penalty of a $1,000,000 fine and up to 11 years of imprisonment, provide inaccurate risk information - in other words, lie to women or get fined and go to prison.
Women must be shown color pictures of the “zygote, blastocyte, embryo, or fetus” at varying stages of development.
“Medical necessity” now means solely if the woman is going to die at that moment. Period. If a fetus is dead inside of the woman, the woman must be told that an abortion (commonly known as a D&C) is not needed, that a miscarriage will take place naturally. No mention of septicemia should a naturally occurring miscarriage take place. If deterioration of a woman’s health is impacted, that is not necessity enough to allow an abortion, only immediate impending death.
Does anyone remember what happened in Ireland? Do we want American women to die because they are not dying quite fast enough?
Discussions concerning options do not have to take place by a physician or at a clinic, which is a shortcut of allowing anti-abortionists to provide additional propaganda to frighten a women into not having an abortion.
Read it all below.
Let’s look at the bill and proposed changes to existing law.
Note: Strikethroughs are current law, Bold hows proposed revisions, and Quotesdisplay comments from the Ohio Legislative Service Commission:
Sec. 2317.56. (A) As used in this section:
(1) “Medical emergency” means a condition of a pregnant woman that, in the reasonable judgment of the physician who is attending the woman,
creates an immediate threat of serious risk to the life or physical healthso complicates the medical condition of the womanfrom the continuation ofthat the death of the woman would result from the failure to immediately terminate the pregnancynecessitating the immediate performance or inducement of an abortion.(2)
“Medical necessity” means a medical condition of a pregnant woman that, in the reasonable judgment of the physician who is attending the woman, so complicates the pregnancy that it necessitates the immediate performance or inducement of an abortion.(3) “Conflict of interest disclaimer” means a written statement divulging the gross income from the previous year of a physician who performs or induces an abortion or of a facility where an abortion is performed or induced, the percentage of that income that was obtained as fees for the performance of an abortion, and a statement concerning the monetary loss to the physician or facility that would result from the woman’s decision to carry the woman’s pregnancy to term.
Conflict of interest disclaimer
Under the bill, a physician or physician’s agent must provide the pregnant woman with a conflict of interest disclaimer. The bill defines “conflict of interest disclaimer” as a written statement divulging the following information:(1) The previous year’s gross income of a physician who performs or induces an abortion or of a facility where an abortion is performed or induced;
(2) The percentage of that income that was obtained as fees for the performance of an abortion;
(3) The monetary loss to the physician or facility that would result from the woman’s decision to carry the pregnancy to term.
The bill requires that the disclaimer be provided in a private room and that the pregnant woman be allowed sufficient time to ask questions and receive answers that she can understand. If the pregnant woman is unable to read materials provided to her, they must be read to her and, if necessary, explained in a way that is understandable to her.
(4) “Viable pregnancy” means a pregnancy in which a fetal sac is located inside the pregnant woman’s uterus and fetal cardiac activity is present within the fetal sac.
(B) Except when there is a medical emergency
or medical necessity, an abortion shall be performed or induced only if all of the following conditions are satisfied:(1) At least
twenty-fourforty-eight hours prior to the performance or inducement of the abortion, a physician meets with the pregnant woman in person in an individual, private setting and gives her an adequate opportunity to ask questions about the abortion that will be performed or induced. At this meeting, the physician shall inform the pregnant woman, verbally or, if she is hearing impaired, by other means of communication, and in writing of all of the following:In-person meeting
Under the bill, at least 48 hours before an abortion is performed, a physician must meet with the pregnant woman in an individual, private setting and give her an opportunity to ask questions about the procedure. Current law requires that the meeting take place at least 24 hours before the performance or inducement of an abortion. The meeting need not occur at the facility where the abortion is to be performed or induced, and the physician involved in the meeting need not be affiliated with that facility or with the physician who is scheduled to perform the abortion.Exceptions to the waiting period and notification requirements
Under the bill, an abortion may be performed or induced without satisfying the waiting period and notification requirements only in the event of a medical emergency. The bill defines “medical emergency” as a condition of a pregnant woman that, in the reasonable judgment of the physician who is attending the woman, so complicates the medical condition of the woman that the death of the woman would result from the failure to immediately terminate the pregnancy.
In contrast, current law defines “medical emergency” as a condition of the pregnant woman that, in the reasonable judgment of the physician who is attending the woman, creates an immediate threat of serious risk to the life or physical health of the woman from the continuation of the pregnancy necessitating the immediate performance or inducement of an abortion. Current law (repealed by the bill) defines “medical necessity” as a medical condition of a pregnant woman that, in the reasonable judgment of the physician who is attending the woman, so complicates the pregnancy that it necessitates the immediate performance or inducement of an abortion.
The bill’s definition of “medical emergency” applies only to the Revised Code section that relates to the mandatory 48-hour waiting period and notifications. It does not extend to restrictions on post-viability abortion, which define medical emergency differently.
(a) The nature and purpose of the particular abortion procedure to be used and the medical risks associated with that procedure, including the risk of infection, hemorrhage, cervical or uterine perforation, and infertility, the risk to subsequent pregnancies, and the increased risk of breast cancer;
(b) The probable gestational age of the embryo or fetus and the probable anatomical and physiological characteristics of the embryo or fetus at that age;
(2) At least
twenty-fourforty-eight hours prior to the performance or inducement of the abortion, one or more physicians or one or more agents of one or more physicians do each of the following in person, or by telephone, and by certified mail, return receipt requested, or by regular mail evidenced by a certificate of mailing: (including who will perform the abortion, and materials concerning alternatives to abortion)(d) Provide the pregnant woman with a conflict of interest disclaimer;
(e) Perform an obstetric ultrasound examination that portrays the entire body of the embryo or fetus and provide the pregnant woman with all of the following:
Mandatory ultrasound
The bill requires that at least one physician or physician’s agent perform an obstetric ultrasound examination that portrays the entire body of the embryo or fetus. A physician or physician’s agent also must provide the pregnant woman with all of the following:(i) A verbal description of all relevant features of the ultrasound, including an audible heartbeat, if present;
(ii) Upon request and at no additional charge to the pregnant woman, a physical picture of the ultrasound image of the embryo or fetus of a quality consistent with current standard medical practice;
(2) Upon request and at no additional charge, a physical picture of the ultrasound image of the embryo or fetus of a quality consistent with current standard medical practice. Current law repealed by the bill requires that, if an ultrasound is performed prior to an abortion, the physician must give the pregnant woman the opportunity to view the active ultrasound image of the embryo or fetus and offer the pregnant woman a picture of the ultrasound image at no additional charge.
(iii) A written document and verbal description stating whether or not the pregnant woman has a viable pregnancy, the location of the fetal sac, and the presence or absence of cardiac activity within the fetal sac. If the pregnancy is not a viable pregnancy, the physician shall advise the pregnant woman that the pregnant woman will suffer a miscarriage with no further intervention unless the physician has evidence to the contrary.
(3) The bill defines “viable pregnancy” as a pregnancy in which a fetal sac is located inside the pregnant woman’s uterus and fetal cardiac activity is present within the fetal sac. The bill’s definition of viable pregnancy applies only to the Revised Code section that relates to the mandatory 48-hour waiting period and notifications. It does not extend to restrictions on post-viability abortion, which define viability differently.
(4) If the pregnancy is not a viable pregnancy, the physician (and not the physician’s agent) must advise the pregnant woman that she will suffer a miscarriage with no further intervention unless the physician has evidence to the contrary.(iv) A list of all known obstetric ultrasound providers within a ten-mile radius of the physician who intends to perform or induce the abortion or, if there is no obstetric ultrasound provider within that ten-mile radius, a list of all known obstetric ultrasound providers within a fifty-mile radius of the physician who intends to perform or induce the abortion.
(5) A list of all known obstetric ultrasound providers within a ten-mile radius of the physician who intends to perform or induce the abortion or, if there is no such provider within that ten-mile radius, a list of all known obstetric ultrasound providers within a 50-mile radius of the physician who intends to perform or induce the abortion.
The bill requires that the foregoing information be provided to the pregnant woman in a private room with sufficient time for the pregnant woman to ask questions and receive answers. If the pregnant woman is unable to read materials provided to her, they must be read to her and, if necessary, explained in a way that is understandable to her.
The bill further provides that a pregnant woman is not prohibited from refusing to listen to the sounds detected by a fetal heart monitor or refusing to view the images displayed by the obstetric ultrasound examination.
(f) Describe the development of nerve endings of the embryo or fetus and the ability of the embryo or fetus to feel pain at each stage of development;
Disclosure about fetal pain
The bill requires that a physician or physician’s agent describe the development of nerve endings of the embryo or fetus and the ability of the embryo or fetus to feel pain at each stage of development. The description must be provided to the pregnant woman in a private room with sufficient time for questions and answers. If the pregnant woman is unable to read materials provided to her, they must be read to her and, if necessary, explained in a way that is understandable to her.(g) Provide the pregnant woman with a statement that the pregnant woman is free to withhold or withdraw the pregnant woman’s consent to the abortion at any time without affecting the pregnant woman’s right to care or treatment in the future and without the loss of any state or federal benefits to which she may otherwise be entitled;
(h) Provide the pregnant woman with any other medical or other information that a reasonable person would consider material to the decision of whether or not to have an abortion.
(3) Nothing in this section prohibits a pregnant woman from refusing to listen to the sounds detected by a fetal heart monitor or from refusing to view the images displayed by the obstetric ultrasound examination.
(6) Prior to the performance or inducement of the abortion, the physician who is scheduled to perform or induce the abortion shall provide, under oath and under penalty of perjury, a signed statement that the physician has complied with the requirements of divisions (B)(2), (3), (4), and (5) of this section.
(C) The information provided in divisions (B)(2), (3), (4), and (5) of this section shall be provided in a private room, and the pregnant woman shall be provided with sufficient time to ask questions and receive answers that the pregnant woman can understand. If the pregnant woman is unable to read any written materials provided to her, the materials shall be read to her and, if necessary, shall be explained in a way that is understandable to the pregnant woman.
(2) Materials, including color photographs, that inform the pregnant woman of the probable anatomical and physiological characteristics of the zygote, blastocyte, embryo, or fetus at two-week gestational increments for the first sixteen weeks of pregnancy and at four-week gestational increments from the seventeenth week of pregnancy to full term, including any relevant information regarding the time at which the fetus possibly would be viable.
(E)(F) If a medical emergencyor medical necessitycompels the performance or inducement of an abortion, the physician who will perform or induce the abortion, prior to its performance or inducement if possible, shall inform the pregnant woman of the medical indications supporting the physician’s judgment that an immediate abortion is necessary. Any physician who performs or induces an abortion without the prior satisfaction of the conditions specified in division (B) of this section because of a medical emergencyor medical necessityshall enter the reasons for the conclusion that a medical emergencyor medical necessityexists in the medical record of the pregnant woman.
(H)(I) Whoever violates this section or whoever performs or induces an abortion with reason to believe that the abortion was performed or induced in violation of this section is guilty of a felony of the first degree. Notwithstanding division (A)(3) of section 2929.18 of the Revised Code, the offender shall be fined up to one million dollars for a violation of this section or for performing or inducing an abortion with reason to believe that the abortion was performed or induced in violation of this section.Criminal penalties for violation of waiting period and notification requirements
The bill establishes criminal penalties for failing to comply with the waiting period and notification requirements. These penalties are distinct from the penalties retained under existing law that apply to an abortion performed without informed consent (a first degree misdemeanor on a first offense and a fourth degree felony on subsequent offenses).
Under the bill, a person who performs or induces an abortion in violation of the bill’s waiting period and notification requirements is guilty of a felony of the first degree, punishable by a prison term of three to eleven years and a fine of up to $1 million (rather than the standard fine for first degree felonies of not more than $20,000).
Under continuing law, the failure of a physician to satisfy the notification conditions before performing or inducing an abortion may be the basis for a civil action for compensatory and exemplary damages as well as discipline by the State Medical Board.
(L) No physician may accept payment nor legally or otherwise require a pregnant woman to make a payment for performing or inducing an abortion prior to the expiration of the forty-eight hour period before the physician’s fulfillment of all of the requirements of divisions (B)(2), (3), (4), and (5) of this section.