Reproductive Rights Updates: KS, TX, PA, VA, NB, MS, TN, FL, National

Are you ready for, well, a lot of depressing and infuriating news? Because I have it. A lot of it.

Always leading the pack in taking away autonomy from people, the state of Kansas is up first:

Kansas lawmakers have been given six days to consider one of the most sweeping state anti-abortion bills to be introduced.

A Kansas House committee is scheduled to take up a bill Wednesday that would exempt doctors from malpractice suits if they withheld medical information to prevent an abortion. The measure would also take away tax credits for abortion providers, remove tax deductions for the purchase of abortion-related insurance coverage and require women to hear the fetal heartbeat. The bill includes several provisions, which passed in other states and now face federal lawsuits. The bill would also require women be told about potential breast cancer risks from abortions, even though medical experts discount such a connection.

[...]

Among the most contested provisions of the bill is the section that would exempt a doctor from a medical malpractice suit if a woman claims the physician withheld information about potential birth defects to prevent her from having an abortion. In addition, a woman would not be able to sue if she suffers health damage from a pregnancy as a result of information withheld from her to prevent an abortion. A wrongful death suit could still be filed, however, if the mother died.

Oh well gee. Small favors and all that. Even for Kansas this is a hideously appalling, outright hateful piece of legislation. Not being able to sue for malpractice when a doctor refused to disclose that a pregnancy could cause damage--and did? WHAT. Just WHAT.

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In Texas, Judge Sam Sparks says he "had no choice" but to dismiss a suit against the ultrasound law:

Sparks said his hands were tied by last month's federal appeals court ruling that found the sonogram law to be an appropriate exercise of the state's power to regulate the practice of medicine.

But in his order dismissing the lawsuit by abortion providers, Sparks took issue with the appeals court ruling, saying it "eviscerated" the free speech rights of doctors to support a law that improperly limits a physician's ability to exercise medical judgment.

"The act requires doctors to attempt to discourage their patients from obtaining abortions ... even in cases where the doctors have determined that an abortion is, for any number of reasons, the best medical option," he said in his order.

"This court believes Texas overstepped its legitimate authority when it substituted its medical judgment for that of doctors, and imposed a uniform method of treatment for all patients, rather than allowing physicians to make medically appropriate, case-by-case determinations."

[...]

In Monday's order, Sparks said the law seemed designed to make abortions more difficult to provide and receive, not to inform women about the procedure.

"Informed consent requirements exist to protect the rights of patients and to honor their autonomy, not to provide states with an excuse to impose heavy-handed, paternalistic and impractical restrictions on the practice of medicine," Sparks wrote.

Right the fuck on!

The state reportedly informed clinics that the ultrasound law would start being enforced immediately.

***
In Pennsylvania, the House Health Committee as moved forward Monday with the Orwellian "Women's Right to Know Act", which is a mandatory ultrasound bill:

The Pennsylvania House Health Committee voted yesterday to advance something they’re calling the “Women’s Right to Know Act,” which would allow a woman to take a look at an ultrasound and listen to the fetus’ heartbeat before getting an abortion.

[...]

According to the legislation, the doctor performing the procedure is required to “Position the screen so that the patient is able to view the ultrasound test in its entirety, with a view of her unborn child, while that test is being conducted to determine gestational age,” although, “The patient is not required to view the screen.” Then, two prints of the ultrasound are made. The woman seeking the abortion and the doctor providing the procedure both get a copy. The doctor must tell the woman how old the fetus is and if the heartbeat is normal.

The sonogram is required 24 hours before an abortion, except in cases of rape, incest, emergency or when the pregnancy is less than eight weeks gestation.

***

In Virginia, a couple things. One, a few days ago the senate passed a mandatory sonogram bill, which now goes to the House of Delegates.

Second, that House has passed legislation that cuts off Medicaid funding for abortions.

[The legislation] conforms state policy for Medicaid recipients to a longstanding federal law known as the Hyde Amendment, which forbids government funding for abortions except in cases of rape, incest or the mother’s life.

Virginia is among several states that allow Medicaid to cover abortions, but does so using only state funds.

Democrats said it unfairly singles out low-income women who learn of grossly incapacitating fetal deformities but would have to give birth anyway while wealthier women could terminate their pregnancies under such tragic circumstances.

How much does the GOP hate poor people? SO MUCH. SOOOOOOO MUCH.

***

In Nebraska, they're attempting an administrative run-around to providing funds to Planned Parenthood (see: Ohio, Texas, for other examples).

The bill (LB540) would require the state Department of Health and Human Services to apply for a Medicaid waiver or an amendment to an existing waiver to provide medical assistance for family planning services for low-income residents who earn 185 percent or less of the federal poverty level.

An amendment offered by the Health and Human Services Committee would have provided that no state funds be used to pay for abortions.

Then Lincoln Sen. Tony Fulton dropped another amendment into the mix. Not only could none of the money be spent for abortions, but it could not go to any entity that performs or promotes elective abortions or that affiliates with one that does.

[...]

When asked by Omaha Sen. Brenda Council whether Fulton was targeting Planned Parenthood, he said no, although he understood Planned Parenthood would be the largest organization affected.

"Can you identify any other entity that would fit the description other than Planned Parenthood?" she asked.

"Off the top of my head, I can't," he said.

There could be another one in Omaha, or one that would qualify in the future, he said.

"I think it's problematic that we're singling out an organization, and in many communities, mine included … the only Medicaid providers for low-income women happen to be Planned Parenthood," Council said.

According to Guttmacher, in the state of Nebraska (in 2006) there were this many clinics:

Health department clinics: 0
Community health centers: 1
Planned Parenthood clinics: 5
Hospital outpatient clinics: 8
Other independent clinics: 18

And they provided this many people with contraceptive care (just one--big!--aspect of family planning):

Health department clinics: 0
Community health centers: 1,850
Planned Parenthood clinics: 17,750
Hospital outpatient clinics: 2,500
Other independent clinics: 15,410

Planned Parenthood provided nearly as many clients with care in their five clinics as twenty-seven other clinics combined.

***

In Mississippi, the House there has approved legislation which is called the "Child Protection Act". Besides addressing issues of sexual abuse in schools, it also deals with abortion and minors:

Additionally, House Bill 16 would reaffirm parental consent requirements for minors seeking abortions, and physicians who perform abortions on girls younger than 14 would be required to preserve fetal tissue for DNA to be used in statutory rape or other prosecutorial cases.

"This is a documented problem and this is (another) way to detect abuse," Gipson [Andy, R-Braxton] said.

Gipson said he does not know how much it will cost the state to carry out the effort if it becomes law.

BTW, the state of MS already has pretty much all of these laws on the books.

***

Tennessee, if you recall, voted to defund Planned Parenthood last summer. Last year Shelby County TN was made the news with the fact that they opted to cut off Planned Parenthood and now force the resident poor and un/under-insured to go to a religious group for health care. Well, Planned Parenthood is suing the state:

NASHVILLE, Tenn. — Affiliates of Planned Parenthood are suing the state Health Department to have their funding restored.

Planned Parenthood of Middle and East Tennessee and Planned Parenthood Greater Memphis Region filed the lawsuit Thursday to restore preventive care funding under the HIV Prevention Services and the Syphilis Elimination grant programs.

Planned Parenthood, which also provides abortions, said in a news release that no reason was given for the contracts being terminated in December. It also said no provider was identified as a replacement.

Of course no provider was identified! Because how much does the GOP hate poor people? SOOOOOOO MUCH.

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In both Florida and national news, today the US House will mark up a bill--that has 78 co-sponsors!--that bans abortion "based on race and sex". Because that's so not a total waste of time and utter bullshit, amirite? How it relates to Florida is that two state congresspeople are attempting to do the same thing:

The United States House of Representatives will today mark up a bill that would outlaw abortions sought because of race or sex.

Late last year, Rep. Trent Franks, R-Ariz. introduced the Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011, which would “prohibit discrimination against the unborn on the basis of sex or race, and for other purposes.”

Florida legislators are moving forward a bill that mimics Frank’s proposal. So far, sponsors have not been able to justify a need for the bill, but rather claim it is an effort to protect Florida from becoming a “safe haven” for race- or sex-based abortions.

Yes. I'm totally sure that's exactly what will happen, Florida. You'll become a snowbird AND abortion tourist mecca. Sure.

The "Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011? WHAT. "Prenatal nondiscrimination"? Really? OFFS. Using Susan B. Anthony and Frederick Douglass as representatives of the sort of people you're "protecting"? I have an idea: how about passing the ERA and not passing onerous voter id laws? Or, here's a wild idea (prepare yourself): how about jobs? Oh, that's right, you have "priorities".

Reproductive Rights Updates: New Hampshire, Ohio, Kansas, Texas

First up we have New Hampshire. Last year the state made news because it denied contract with Planned Parenthood (and thus, clinics couldn't dispense contraception). The federal government stepped in on that one. Well, enter round two of this.

A bill banning public funding of Planned Parenthood and other groups that provide elective abortions passed out of the New Hampshire House yesterday with a 60-vote majority, as Republicans rejected a report by the committee assigned to study the issue but fell short of the support needed to override a potential veto by the governor.

[...]

"For many New Hampshire women, Planned Parenthood is the only affordable option for health care. This legislation puts at risk basic access to cost-effective, preventive services such as cancer screenings, breast exams, access to birth control and other disease prevention services," said Jennifer Frizzell, Planned Parenthood of Northern New England's senior policy adviser, in a statement after the vote.[...]

Republican Rep. Susan DeLemus of Rochester was first to speak on the floor in support of the bill.

"As a sovereign citizen, I do not ever want to contribute to the stopping of a baby's heart with my tax dollars," she said.

First, "sovereign citizen"? What? Who talks like that? Second: problem! See, Medicaid covers abortion in very, very, very limited cases. Your legislation?

The bill prevents the Department of Health and Human Services from entering into a contract with any organization that provides abortions not funded by Medicaid, which covers the procedure in cases of rape, incest or when the mother's life is in danger.

So your tax dollars? Never funded any abortion at Planned Parenthood (or other clinic, office, or hospital) that wasn't already covered--and still covered & paid for--by Medicaid. Your "tax dollars", oh Sovereign Citizen, are STILL paying for abortion in the limited cases that they were already. Whooops! You don't know what you're talking about are supporting legislation that you appear to be ignorant of!

The House, in passing this bill, blew off its own committee (made up of a 2:1 republican majority) report that recommended killing it. The bill now goes to the Senate. Governor John Lynch is outright opposed to the legislation and the House did not provide a veto-proof vote.

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In Ohio, the asinine "heartbeat" legislation is going to get another hearing in the state senate after the primaries:

COLUMBUS, Ohio — The leader of the Ohio Senate says hearings on a bill that would impose the nation's strictest abortion limit will resume after the state's March 6 primary.

Senate President Tom Niehaus (NEE'-hows) told reporters on Wednesday that his chamber would take up the measure after the primary contests. He did not further explain the timing or decision.

So now you know what I will be writing about come March!

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In Kansas, where abortion and draining the state of funds via lawsuits over legislation appear to be an obsession with certain legislators, the state House is moving forward with the odious "personhood" nonsense.

More than two dozen members of the Kansas House of Representatives have endorsed an amendment to the state constitution that would make abortion illegal in the state, potentially posing a constitutional challenge to the U.S. Supreme Court precedent set by Roe v. Wade.

The proposed amendment, which is expected to be introduced in the House this session, is the latest set of "personhood" legislation being weighed by state lawmakers. If passed by voters in November, the amendment would guarantee the rights of "life, liberty and pursuit of happiness" to individuals of all ages -- including the unborn -- by declaring that life begins the moment a woman's egg is fertilized.

Same tired stuff there. BUT! Check out what they're putting ON THE BALLOT (emphasis mine):

An explanation of the measure that would printed on the ballot in November emphasizes that a vote against it would not amend the state constitution, meaning "the current federally mandated legal status of preborn humans would remain that of a class of human beings that can intentionally be killed."

ON. THE. BALLOT. Gee, that's NOT AT ALL misleading, biased bullshit now it it?

The bill, however, has to pass by 2/3 majority before voters get to see that garbage nightmare of leading, emotionally-charged bullshit.

The article ends with noting:

Personhood efforts have recently been introduced in Virginia, Nevada, and Ohio. Similar efforts are also underway in California, Montana, Arkansas, Florida and Colorado.

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Deep in the heart of Texas, poor, un- and under-insured people are SOL. This is according to a report released by the Dept. of State Health Services.

Following a legislative session where lawmakers slashed funding for family planning and targeted Planned Parenthood, the Texas Department of State Health Services (DSHS) has released a much-reduced list of organizations that will receive state dollars to provide birth control, STD testing and cervical and breast cancer screenings for the state's poorest women.

Between now and March 31, 2013, 41 womens' health providers will receive a total of $12.4 million, down from 71 agencies in the last biennium.

[...]

In the last legislative session, lawmakers gutted family planning funding for all providers by two-thirds, from $111.5 million during the 2010-2011 biennium to $37.9 million over the next two years.

[...]

DSHS reported that 12 women's health applicants were denied funding because their regions were already covered by “tier one” providers. For instance, the Lone Star Community Health Center clinics in Montgomery County didn’t receive funding because their area is already covered by clinics associated with the University of Texas Medical Branch at Galveston.

Williams said even though Planned Parenthood clinics are not on the list of the agency's 41 official contractors, three Planned Parenthood chapters are receiving some temporary funding over the next few months. In those cases, either no one else from their regions applied, or other applicants didn't meet the criteria for funding. Williams said the state still has about $2 million available in its family planning budget, and has posted a request for additional applicants for that money.

“We want to make sure that we are adhering to legislative intent and that women are able to get care seamlessly,” Williams said. “The re-compete is to make sure other entities, such as associations, were aware of the opportunity to apply for these funds.”

[...]

Even among those who received a grant, there are concerns that the state cut too deeply into a program that used to serve 220,000 women every year. Under the current budget, DSHS estimates about 60,000 people will be able to continue to receive birth control and disease testing.

Lone Star Circle of Care, an FQHC with clinics throughout Central Texas, will receive $322,488 over the next 14 months — enough to cover only 20 percent of the family planning costs the clinic incurred in 2011. The state used to provide enough funding to cover between 70 to 80 percent of the clinic's services.

“It’s not enough compared to the demand we have for these services, so we’re seeking alternative sources of funding to cover the shortfall,” said Rebekah Haynes, Lone Star’s spokeswoman.

But at least Planned Parenthood is barely getting any money, amirite?!?!

***

In related news, a new study that was published today in the Lancet shows that abortion rates--particularly unsafe abortions--are higher where contraception is hard to come by and where abortion has been made illegal.

Abortion rates are higher in countries where the procedure is illegal and nearly half of all abortions worldwide are unsafe, with the vast majority in developing countries, a new study concludes.

Experts couldn't say whether more liberal laws led to fewer procedures, but said good access to birth control in those countries resulted in fewer unwanted pregnancies.

The global abortion rate remained virtually unchanged from 2003 to 2008, at about 28 abortions per 1,000 women aged 15 to 44, a total of about 43.8 million abortions, according to the study. The rate had previously been dropping since 1995.

About 47,000 women died from unsafe abortions in 2008, and another 8.5 million women had serious medical complications. Almost all unsafe abortions were in developing countries, where family planning and contraceptive programs have mostly levelled off.

[...]

Abortion rates were lowest in Western Europe 12 per 1,000 and highest in Eastern Europe 43 per 1,000. The rate in North America was 19 per 1,000. Sedgh [Gilda, senior researcher at the Guttmacher Institute] said she and colleagues found a link between higher abortion rates and regions with more restrictive legislation, such as in Latin America and Africa. They also found that 95 to 97 per cent of abortions in those regions were unsafe.

The authors defined unsafe abortion as any procedure done by people lacking needed skills or in places that don't meet minimal medical standards. Sedgh said some women in Africa resort to using broken soda bottles or taking strong doses of medicines or herbal drugs to induce abortions.

"It is precisely where abortion is illegal that it must become safer," wrote Beverly Winikoff and Wendy R. Sheldon of the Gynuity Health Projects in New York, in an accompanying commentary.

Experts said increasing birth control options for women in poor countries, like providing long-acting implants, would make a big difference.

"Wherever we have made better contraception available in the countries where we work, hundreds of women will walk hours to get it," said Dana Hovig, CEO of Marie Stopes International, a family planning organization. He was not connected to the study.

All across this country, legislators are attempting to reduce access to contraception and eliminate abortion entirely (as a legal and safe procedure). They defy logic and science and general humanity. And they do not care.


As an aside, none of these posts would exist if SOPA and PIPA were to pass. None.