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T.Last week, the Louisiana legislature rejected two bills aimed at clarifying the legality of abortion and miscarriage care for complicated pregnancies.
Current Louisiana law allows abortion in certain cases where a pregnant patient’s life or health may be endangered, but doctors are confused by the laws and provide necessary medical care. criticized for limiting their capabilities.
Like health care providers in other states, they have been grappling with the issue since the US Supreme Court ruling. Law vs Wade last year—In the case of Louisiana, Governor John Bell Edwards signed into law a law banning elective abortion and criminalizing abortion shortly after the decision was made. the current, 14 states Areas where most abortions are prohibited.
“Impossible to spell [out] All patient presentations [with a nonviable pregnancy] The law may be required to do so,” New Orleans Health Commissioner and emergency physician Dr. Jennifer Avenyo told TIME. “I make medical judgments in good faith and should not question their rights as long as they follow medical standards.”
Avegno testified before the Louisiana House of Representatives in support of one of the bills, saying he spoke on behalf of countless colleagues across the Southeast who must navigate a complex and ever-changing legal landscape.
Here’s what you should know:
Debate in Louisiana
With Louisiana’s near-total abortion ban, some exceptions A pregnant patient’s life or vital organs are in jeopardy, or the fetus is medically incapacitated and unable to survive outside the uterus. However, medical terms are not often used in law. the doctor says.
“The first law tried to make it clear, ‘Let’s name all the terms you can name, and you’ll be fine.'” list “As any medical practitioner will tell you, there will always be new diseases and diseases you never thought of,” says Avenyo.
proposed by Republican Congressman Mary Dubuisson House Bill 461 The law amended the law in March to make abortion legal for those diagnosed with a pregnancies that have been completed, are in the process of being completed, or are complicated “based on good faith medical judgment.” It is a thing. make them unviable. In other words, we no longer need to diagnose some specific conditions.
During hearings on the bill, Dubuisson stressed that he was not broadly in favor of abortion, but said under current state law, “we are not protecting mothers.” “We would leave bleeding, dead children in our arms until they died ‘naturally’.” HB598, The bill, introduced by Rep. Candace Newell, expands treatment for ectopic pregnancies, clarifies that molar pregnancies can be treated, and allows abortions for cancer patients.
Other Republican lawmakers at the hearing said the law seemed clear to them and that they had received no complaints from doctors in their districts. Benjamin Clapper, executive director of the state’s main anti-abortion group, Louisiana Light to Life, also testified, calling the bill “pro-abortion” and arguing that it would make selective abortion easier.
Congress’ Criminal Justice Committee oversaw hearings and ultimately rejected both bills. And two weeks ago, the Louisiana legislature rejected another proposal to allow an exception for abortion in cases of rape and incest.
doctor confusion
In Louisiana, abortion providers who violate abortion laws face up to 15 years in prison and fines ranging from $5,000 to $200,000.doctors report feel fear Provide pregnancy care that you may have received in the past. “It’s very important that doctors feel competent to make the best decisions for their patients without fear of misunderstanding or actual consequences,” says Avegno.
In October, Steven Russo, chief attorney for the Louisiana Department of Health, told doctors that abortion “has a more criminal nature and, in fact, is not legally regulated” under the new law. said. [health] It has police powers,” he said. Louisiana illuminator reported at the time. Russo said his agency was not responsible for dealing with doctor confusion and that the state attorney general’s office would be a better fit.
But that’s not realistic, says Avenyo. “No one calls a legislator and says, ‘Oh, that was kind of scary.’ I didn’t know what to do,” Aveño said. “They are the same lawmakers who are trying to put doctors in jail.”
Dr. Michelle Heisler, a professor at the University of Michigan and medical director of the nonprofit Physicians for Human Rights, points to an insurance dilemma. Treatment for complications of pregnancy not listed may not be covered by insurance or Medicaid because the symptoms listed are only a handful. Patients may be required to pay thousands of dollars in advance before receiving treatment.
“This could eliminate the option for many low-income women not to conceive until term,” says Heisner. “Knowing that your baby is going to die is incredibly traumatic.”
Avenyo says the confusion has spilled over to patients. For example, misoprostol is a drug that is used not only for abortion but also for managing miscarriages and facilitating labor. ” She says. Misoprostol is legal, but such misinformation spreads quickly, Aveño added.
doctor of texas, Tennessee, Ohio, Utahand Oklahoma We are facing a similar turmoil as Louisiana. In April, Heisler co-authored the following paper: report In this study, researchers posed as prospective patients seeking emergency pregnancy care and contacted 34 hospitals in Oklahoma. The study concluded that no hospital had a clear and consistent policy and 22 hospitals failed to provide information on abortion procedures when the lives of pregnant patients were threatened.
Heisler said the ambiguity of these laws has led hospitals and other agencies to interpret things differently. “There are so many different types of care you can receive as a patient and options that you may not be aware of,” she says.
If a pregnant patient does not die, but must undergo dialysis for the rest of her life, face liver failure, or face permanent infertility, abortion is currently available in some states. is not justified, Heisler said. “Every medical situation is different. There is no way to practice good medicine based on a list.”
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