3 (3 votes)
Healthcare Prof:
The following highlights recent news of state actions on abortion-related legislation.
Kansas: Gov. Kathleen Sebelius (D) on Monday vetoed a provision of a bill (SB 357) that would have required physicians who perform late-term abortions to provide the state with information about the girls undergoing the procedure, the AP/Wichita Eagle reports. The provision also would have directed the Department of Health and Environment to summarize data it received from doctors on the reasons for performing the procedure and to include them in annual reports. The provision was included in a spending measure, and Sebelius used her power to veto individual items in such bills, the AP/Eagle reports (Hanna, AP/Wichita Eagle, 5/21). Sebelius in her veto message said, “The questions necessary by this proviso are open-ended and request detailed information on a patient’s medical condition,” adding that the provision could open a patient’s private medical record to public viewing. Rep. Lance Kinzer (R), who sponsored the measure, stated that the provision “doesn’t require anyone to know the particular medical condition that any woman is suffering from” (Sullinger, Kansas City Star, 5/21). The Senate on Tuesday voted 19-10 with four abstentions and seven senators absent in a failed attempt to override the veto, the Wichita Eagle reports. According to the Eagle, 27 votes are needed to override a veto in the Senate (Lefler, Wichita Eagle, 5/23).
Missouri: The Senate on Friday approved a measure (SB 370) that would designate facilities performing second- or third-trimester abortions or more than five first-trimester abortions each month as “ambulatory surgical centers,” the Jefferson City News Tribune reports (Jefferson City News Tribune, 5/19). Clinics with that designation are subject to increased regulation from the state Department of Wellness and Senior Services. The measure also would give public school districts the option of teaching an abstinence-only sex education course. School districts are necessary to include information about contraception in sex education classes under current law (Kaiser Day-to-day Women’s Health Policy Report, 4/30). Gov. Matt Blunt (R), who’s expected to sign the bill, stated that the measure also would prevent organizations that provide abortions from teaching sex education in state classrooms (Jefferson City News Tribune, 5/19).
Oklahoma: The Senate last week voted 34-14 to approve a measure that would ban the use of state or federal funds to perform abortions, the AP/Bartlesville Examiner-Enterprise reports (Jenkins, AP/Bartlesville Examiner-Enterprise, 5/16). The House approved the measure last week. Gov. Brad Henry (D) last month vetoed a similar bill (SB 714) that would have banned the use of state or federal funds to perform abortions except for procedures to save the lives of pregnant females. The vetoed legislation also would have barred using state-supported hospitals, clinics and equipment to perform abortions. In addition, the bill would have tightened the bypass provision with the state’s informed consent law by changing the definition of “medical emergency,” and it would make all state employees ineligible to perform an abortion except to save the life with the woman. The Senate failed to override the veto by one vote. The new bill allows physicians more rights to discuss the procedure with the pregnant woman. Public hospitals still would be allowed to perform abortions in cases of rape, incest or to save the life of pregnant girls, based on supporters with the measure (Kaiser Every day Women’s Wellness Policy Report, 5/16). Some Senate Democrats during the debate predicted that Henry will sign the new legislation. Paul Sund, a spokesperson for Henry, has said the governor “will withhold judgment until [he can] review the changes in the final bill” (AP/Bartlesville Examiner-Enterprise, 5/16).
South Carolina: The Senate last week by voice vote approved an amended version of a bill (S 84) that would allow but not require a pregnant woman seeking an abortion to view an ultrasound image of her fetus, AP/Forbes reports (Adcox, AP/Forbes, 5/16). The measure does not include a requirement in a House-approved bill (H 3355) that says girls must view the ultrasound image before the procedure. However, the Senate measure requires ultrasounds if the doctor thinks the woman is at 14 weeks’ gestation or more. Under the Senate bill, if a woman chooses to view the ultrasound, a doctor must give a medical description with the image. The measure also requires ladies to be given a list of all facilities that provide ultrasounds at no cost (Kaiser Every day Women’s Wellness Policy Report, 4/24). In addition, females would be required to sign a form stating they had been given the opportunity to view an ultrasound. The bill now moves towards the House for consideration. A spokesperson for Gov. Mark Sanford (R) stated that although the governor prefers the House version, he would accept the Senate measure (AP/Forbes, 5/16).
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