Actions Taken On Abortion-Related Legislation In Georgia, Oklahoma, South Carolina

April 26, 2007 – 8:24 pm | posted in Abortion, Women's Health / OBGYN

The following highlights recent news of state actions on abortion-related legislation.

Georgia: The Georgia Legislature on Friday approved an amended version of a bill (HB 147) that would require women seeking abortions to be offered the option of viewing an ultrasound or sonogram image of the fetus, the AP/AccessNorthGa.com reports. The bill states that the requirement would help protect "unborn children from a woman’s uninformed decision to have an abortion." Different versions of the measure passed the House and Senate, and a six-member panel appointed to reach compromise legislation added requirements, including that women have the option of listening to the heartbeat of the fetus. In addition, women would be required to sign a document stating whether they had agreed to see the image of the fetus. The compromise legislation passed by a 31-17 vote in the Senate and a 110-47 vote in the House. The measure has been sent to Gov. Sonny Perdue (R) (Gross, AP/AccessNorthGa.com, 4/20).
Oklahoma: Gov. Brad Henry (D) on Wednesday vetoed a 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 women, NewsOK.com reports (Mock/Greiner, NewsOK.com, 4/19). The measure also would have barred using state-supported hospitals, clinics and equipment to perform abortions. In addition, the bill would have tightened the bypass provision of the state’s informed consent law by changing the definition of "medical emergency," and it would have made all state employees ineligible to perform an abortion except to save the life of the woman (Kaiser Daily Women’s Health Report, 4/10). The measure is "flawed in that it does not include exemptions for cases of incest and rape" and that "means many victims of rape and incest have no options but to carry a fetus to term, no matter how horrific and violent the circumstances," Henry said, adding that he shares the "concerns of a majority of medical experts who believe this bill would severely compromise health care in our state by placing undue restrictions on the sacred relationship between doctor and patient" (Jenkins, AP/Joplin Globe, 4/19). State Attorney General Drew Edmondson (D) in an e-mail sent to Henry on April 17, one day before the veto was issued, wrote that he thought the bill was constitutional but that a court might determine that the measure’s "many obstacles" created an "undue burden" on women seeking abortions. Edmondson wrote it would be wise to allow the Legislature time to pass a bill "without potential constitutional infirmities" (Hoberock, Tulsa World, 4/22).
South Carolina: The Senate Medical Affairs Committee on Wednesday 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, the AP/Columbia State reports. The measure does not include a requirement in a House-approved bill (H 3355) that says women 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 of the image (Adcox, AP/Columbia State, 4/18). The measure also requires women to be given a list of all facilities that provide ultrasounds at no cost (SB 84 text, 4/23). The full Senate is expected to debate the bill in couple of weeks. Rep. Greg Delleney (R) said the Senate bill is not acceptable, but Sen. Harvey Peeler (R) said that the measure is a compromise and that it would survive a legal challenge (AP/Columbia State, 4/18). Attorney General Henry McMaster (R) in a letter read by a Senate committee earlier this month wrote that the House bill could be considered unconstitutional if it is interpreted as forcing an unwilling patient to see the images. McMaster previously told the Senate committee that he supports the bill and that it could hold up to a legal challenge (Kaiser Daily Women’s Health Policy Report, 4/10).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy 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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