Idaho 'Conscience' Law Approved; Okla., La. Bills Address Abortion Issues

Three states recently took action on reproductive health-related measures. Summaries appear below.

~ Idaho: Gov. Butch Otter (R) has allowed a bill (SB 1353) that expands so-called "conscience" protections for medical workers to become law without his signature, the Spokane Spokesman-Review reports (Russell, Spokane Spokesman-Review, 3/29). The law extends protections in an existing health care provider "conscience" law to nurses and pharmacists who oppose services related to abortion, emergency contraception, stem cell therapy and end-of-life care. The previous law includes protections for doctors who refuse to provide abortion-related services (Women's Health Policy Report, 3/22). Otter said that he had some reservations about the bill's implications for patients' rights and living wills but that he was willing to let it become law to see its effect on patients (Spokane Spokesman-Review, 3/29). In a message to lawmakers explaining his decision, Otter said, "Forcing health care professional to provide services they find morally objectionable is unacceptable. However, negatively impacting patient's rights ... is equally problematic" (Miller/Aujla, AP/Idaho Statesman, 3/30).

~ Louisiana: A bill (SB 528) recently introduced in the Louisiana Senate would require doctors to perform an ultrasound two hours before an abortion, except in medical emergencies, and provide women with a sealed copy of the image, the New Orleans Times-Picayune reports. Although the bill would not require women to view the ultrasound screen or the copy of the image, the physician would be required to "provide a simultaneous explanation of what the ultrasound is depicting," including the "location of the fetus in the uterus, its size, and the presence of external members and internal organs if present and viewable," the bill states. In addition, the woman would be required to sign a certification stating she had received an ultrasound. Under the bill, doctors who violate the requirements could be charged with feticide or face "professional disciplinary action" or lawsuits. The bill's exception for medical emergencies would apply to cases in which the woman faces death or "irreversible impairment of a major bodily function." The bill would require the provider to certify a specific medical emergency and maintain the information in the woman's file for seven years. If passed, the bill would go into effect on Aug. 15. Senate President Pro Tempore Sharon Weston Broome (D), who introduced the bill, said it is meant to make women "think twice about" having an abortion. She added, "This is such a serious decision that a women makes, the process should be exhausted with all the medical information on the procedure" available. Planned Parenthood of Louisiana and the Mississippi Delta Public Affairs Director Julie Mickelberry called the bill an effort to "sham[e] women for seeking an abortion," adding that it "intrudes on the doctor-patient relationship." She said the state should focus on putting more resources "into the prevention of unintended pregnancies, rather than second-guessing women and their reproductive decisions" (Anderson, New Orleans Times-Picayune, 3/26).














~ Oklahoma: The state House on Monday passed by significant margins three separate antiabortion bills, all of which have also passed the Senate, the AP/Oklahoman reports. The bills were all included in a 2009 omnibus bill (SB 1878) that was later overturned by a district court judge who ruled that it violated the Oklahoma Constitution's single-subject rule. The first bill (SB 1890) passed Monday would prohibit abortions based solely on the sex of the fetus. The second bill (SB 1891) would expand the ability of medical workers to refuse to participate in the provision of abortion services, while the third bill (SB 1902) would make it illegal for anyone other than a physician who is physically present to administer mifepristone, which is used in medical abortion (AP/Oklahoman, 3/29).


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