House Substitute for Senate Bill 313
May. 6th, 2012 09:43 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
kauricatOkay. Here are the parts that bother me the most. There is a lot of tax code in there that I'm having trouble keeping straight, but I think they have also included an exception to any abortion-related services, making them non-tax-deductible under medical expenses. I'm not sure how that works for women who suffer a miscarriage and then have to have D&C.
Anyway, I'm not sure about that part, so I have not included it. If I can parse it, I'll update later.
"Section 2:
(d) no health care services provided by any state agency, or any employee of a state agency while acting within the scope of such employee's employment, shall include abortion. Nothing in this subsection shall be construed to prevent a physician enrolled in a residency program and employed by the university of Kansas medical center from receiving experience with induced abortions{,} conducted at facilities other than those owned, leased or operated by the university of Kansas hospital authority or any other state entity.{: Provided however, that} for purposes of this act {subsection} only, such physicians shall be considered as acting outside the scope of their {such physician's} official employment in such actions. This provision regarding physicians enrolled in a residency program shall remain in effect through June 30, 2013."
Does this mean that after June 30th, 2013, that residents will no longer be able to receive experience with induced abortions at alternate facilities? I think it does, because of this article where Lance Kinzer (someone who makes me almost literally ill) derides KU Med Center for reneging on their compromise.
"New Sec. 8.
(a) No school district, employee or volunteer thereof, or educational service provider contracting with such school district shall provide abortion services. No school district shall permit any person or entity to offer, sponsor or otherwise furnish in any manner any course materials or instruction relating to human sexuality or sexually transmitted diseases if such person or entity is an abortion services provider."
I think this means that if Planned Parenthood wants to give out free birth control at high schools, they’ll be barred from doing so. This is admittedly not huge on my list of issues, but then again, teens are using better birth control now, which is resulting in lower pregnancy rates, so maybe we should do what we can to keep that happening.
"New Sec. 9.
(a) No civil action may be commenced in any court for a claim of wrongful life or wrongful birth, and no damages may be recovered in any civil action for any physical condition of a minor that existed at the time of such minor's birth if the damages sought arise out of a claim that a person's action, or omission, contributed to such minor's mother not obtaining an abortion."
Here’s the part where the doctor doesn’t have to tell the pregnant woman what is going on with her pregnancy, and she cannot sue later for being lied to. Also, consider that an OB could use this excuse if they made a mistake. "But I thought if I told her that she'd get an abortion!" "Oh, okay then, totally not malpractice."
"Section 11
(c) As used in this section, "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth."
Helllloooooo Personhood
"Section 12
(h)(i) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the mother's body."
Combined with the fertilization piece in Section 11, I believe this means you are considered to be pregnant from the moment the egg gets fertilized. This is the part that may have the effect of criminalizing the birth control pill, the patch, IUDs, vaginal rings, and the morning after pill. Probably other things, but I'm not really up on my contraception methods.
"Section 13
(c)
(1) Except in the case of a medical emergency, prior to performing or inducing, or attempting to perform or induce an abortion upon a woman, the physician shall determine the gestational age of the unborn child according to accepted obstetrical and neonatal practice and standards applied by physicians in the same or similar circumstances."
They don’t spell it out, but if you’re in the very early stages of pregnancy, this is where they bring in the ultrasound wand.
"Section 14
(a)
(3) a description of risks related to the proposed abortion method, including risk of premature birth in future pregnancies, risk of breast cancer and risks to the woman's reproductive health and alternatives to the abortion that a reasonable patient would consider material to the decision of whether or not to undergo the abortion;"
The risk of breast cancer studies were flawed and debunked. There is no link. They are legislating a lie and hoping it will scare women into doing The Right Thing. Arrrg.
Anyway, I'm not sure about that part, so I have not included it. If I can parse it, I'll update later.
"Section 2:
(d) no health care services provided by any state agency, or any employee of a state agency while acting within the scope of such employee's employment, shall include abortion. Nothing in this subsection shall be construed to prevent a physician enrolled in a residency program and employed by the university of Kansas medical center from receiving experience with induced abortions{,} conducted at facilities other than those owned, leased or operated by the university of Kansas hospital authority or any other state entity.{: Provided however, that} for purposes of this act {subsection} only, such physicians shall be considered as acting outside the scope of their {such physician's} official employment in such actions. This provision regarding physicians enrolled in a residency program shall remain in effect through June 30, 2013."
Does this mean that after June 30th, 2013, that residents will no longer be able to receive experience with induced abortions at alternate facilities? I think it does, because of this article where Lance Kinzer (someone who makes me almost literally ill) derides KU Med Center for reneging on their compromise.
"New Sec. 8.
(a) No school district, employee or volunteer thereof, or educational service provider contracting with such school district shall provide abortion services. No school district shall permit any person or entity to offer, sponsor or otherwise furnish in any manner any course materials or instruction relating to human sexuality or sexually transmitted diseases if such person or entity is an abortion services provider."
I think this means that if Planned Parenthood wants to give out free birth control at high schools, they’ll be barred from doing so. This is admittedly not huge on my list of issues, but then again, teens are using better birth control now, which is resulting in lower pregnancy rates, so maybe we should do what we can to keep that happening.
"New Sec. 9.
(a) No civil action may be commenced in any court for a claim of wrongful life or wrongful birth, and no damages may be recovered in any civil action for any physical condition of a minor that existed at the time of such minor's birth if the damages sought arise out of a claim that a person's action, or omission, contributed to such minor's mother not obtaining an abortion."
Here’s the part where the doctor doesn’t have to tell the pregnant woman what is going on with her pregnancy, and she cannot sue later for being lied to. Also, consider that an OB could use this excuse if they made a mistake. "But I thought if I told her that she'd get an abortion!" "Oh, okay then, totally not malpractice."
"Section 11
(c) As used in this section, "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth."
Helllloooooo Personhood
"Section 12
(h)(i) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the mother's body."
Combined with the fertilization piece in Section 11, I believe this means you are considered to be pregnant from the moment the egg gets fertilized. This is the part that may have the effect of criminalizing the birth control pill, the patch, IUDs, vaginal rings, and the morning after pill. Probably other things, but I'm not really up on my contraception methods.
"Section 13
(c)
(1) Except in the case of a medical emergency, prior to performing or inducing, or attempting to perform or induce an abortion upon a woman, the physician shall determine the gestational age of the unborn child according to accepted obstetrical and neonatal practice and standards applied by physicians in the same or similar circumstances."
They don’t spell it out, but if you’re in the very early stages of pregnancy, this is where they bring in the ultrasound wand.
"Section 14
(a)
(3) a description of risks related to the proposed abortion method, including risk of premature birth in future pregnancies, risk of breast cancer and risks to the woman's reproductive health and alternatives to the abortion that a reasonable patient would consider material to the decision of whether or not to undergo the abortion;"
The risk of breast cancer studies were flawed and debunked. There is no link. They are legislating a lie and hoping it will scare women into doing The Right Thing. Arrrg.
