February 20, 2009
Abortion laws pass Senate, headed to House
By BRIGID CURTIS AYER (Indiana Catholic Conference)
When does life begin? Catholic teaching articulates this concept very clearly — life begins at conception. However, can Hoosier lawmakers put this simple, yet profound concept into law?
Sen. Patricia Miller (R-Indianapolis) author of two abortion bills which passed the Senate Feb. 10, realizes lawmakers may not be able to get this exact language in statute, but is doing her part to improve informed consent laws for abortion and hold doctors who perform them more accountable.
Miller’s informed consent bill, SB 90, which passed the Senate 39-11, would add several new components to In-diana’s informed consent law. Consent to an abortion would be made in writing rather than given orally which is now the law and current practice. It would inform the woman in writing at least 18 hours prior to the abortion about adoption options, and that some of the health cost associated with having the baby could be paid by the adopting couple. Women seeking abortion also must be informed of physical risks involved with having an abortion and carrying the baby to term, that human life begins when sperm and ovum meet, and that the fetus may feel pain during the procedure.
Miller said she had wanted to get the language that life begins at fertilization in the bill, but said there was too much opposition to it so she had to go with a more technical definition stating that human physical life begins when sperm and ovum meet and the cells begin to divide.
Another measure authored by Miller would require more accountability for the doctor performing an abortion. Senate Bill 89, which passed the Senate (44-6), requires physicians performing abortions to obtain hospital privilege in the county where the abortion is performed, or a nearby county, for the purpose of follow-up treatment for a woman who has had an abortion.
Miller said, “The purpose of the physician admitting privileges bill, SB 89, is to make sure that the doctor is available for follow up treatment if a woman has complications due to the abortion. Right now, at least as far as I know the physicians that perform abortions in Indiana come from another state. The doctor leaves and if the woman has complications she is told to go to an emergency room. Then an emergency room physician is providing treatment for problems that they are not responsible for. And in some cases the woman is embarrassed about having an abortion and may not tell the doctor she has had an abortion, so the physician is unclear what triggered the hemorrhaging,” said Miller.
Senate Bill 89 also requires the physician to notify the patient of the hospital locations where the patient can receive follow-up care. It also makes abortion physicians more accountable for the abortions they perform and provide better after care for the woman.
“These bills are not new to the Senate,” said Miller. “They passed the Senate last year but were combined into one bill. This year the bills are separated into two bills, but in years passed they have not gotten a hearing in the House,” said Sen. Miller.
Information provided by Americans United for Life, a national pro-life action coalition, suggest that informed consent laws reduce abortion not because access is denied but because women are more informed about the truth of abortion and decide against having one.
Between 1990 and 1999 abortions declined by 18.4 percent. Research conducted by the Heritage Foundation, a public policy think tank in Washington, DC confirms that informed consent state laws reduce the number of abortions, in particular parental consent laws for minors seeking an abortion has the most significant impact in curbing abortion. Indiana currently requires parental consent for minors seeking an abortion.
According to data provided by the National Conference of State Legisla-tures on state informed consent laws, 33 states require counseling; seven require informing about the abortion and breast cancer link; eight required informing about fetal pain; 20 require informing about mental health impact; six require ultra sound services; 28 states have a waiting period.
Rep. David Cheatham (D-North Ver-non) and Rep. Matt Bell (R-Avilla) are the House Sponsors of the bill. Since the Democratic Party holds the majority of seats, Rep. Cheatham will be the lead sponsor of the bill as it moves through the House. The bills have not been assigned to a House committee. When they are assigned a committee, it will be up to the committee chair to determine if the bill will receive a hearing.
Sen. Miller said she is uncertain about the fate of her bills as it is now up to the House to act.