Physicians in Indiana are criticizing a new law (HB 1337) that imposes broad restrictions on abortion care and fetal tissue disposal, saying it could harm women's health, the Washington Post's "Wonkblog" reports (Paquette, "Wonkblog," Washington Post, 3/25).
Law details
Indiana Gov. Mike Pence (R) signed the bill into law on Thursday.
Among other provisions, the law bans abortion sought because of the sex or race of the fetus or a diagnosis of disability. Physicians who provide abortion care even though they know the procedure is sought for such reasons could face civil liability or disciplinary action (Women's Health Policy Report, 3/25).
According to Vox, the law also intensifies the previously existing requirement that abortion providers have admitting privileges with a nearby hospital or an agreement in writing with a physician who has such privileges. Under the new law, abortion providers must now renew their admitting privileges or the agreement with another physician, in writing, on an annual basis.
In addition, the law requires physicians to perform an ultrasound 18 hours prior to an abortion and tell a woman seeking abortion care about perinatal hospice services (Crockett, Vox, 3/26).
The law also mandates that fetal tissue resulting from abortion or miscarriage be cremated or interred, and makes it a misdemeanor to intentionally transport fetal tissue into the state or across state lines unless the tissue is being moved for burial or cremation. The law makes Indiana the first state to require the cremation or interment of fetal tissue and the second, after North Dakota, to prohibit abortion in cases of fetal anomalies (Women's Health Policy Report, 3/25).
Reaction
Brownsyne Tucker-Edmonds, an ob-gyn in Indianapolis, said the law could discourage providers from performing legal abortions. The consequences could jeopardize a woman's health. She said, "It will require a woman ... to prolong her pregnancy even if against her wishes, and to potentially assume the greater health risks associated with doing so."
Hal Lawrence -- CEO of the American Congress of Obstetricians and Gynecologists, which opposes the law -- said it could affect the doctor-patient relationship and cause a woman to withhold information.
Separately, Betty Cockrum -- head of Planned Parenthood of Indiana and Kentucky, which plans to challenge the measure -- said, "It is clear the governor is more comfortable practicing medicine without a license than behaving as a responsible lawyer, as he picks and chooses which constitutional rights are appropriate" ("Wonkblog," Washington Post, 3/25).
Elizabeth Nash, state issues manager at the Guttmacher Institute, said the law's fetal tissue requirements could prompt abortion clinics to contract with funeral homes, which could be costly and burdensome. She said, "I don't think we know what the impact is going to be. This has never been required before for all fetal tissue" (Vox, 3/26).
Restrictions 'won't help the disabled'
In related news, David Perry, a history professor at Dominican University who has a son with Down syndrome, in a Springfield News-Leader opinion piece condemns the law, writing, "HB 1337 and laws like it won't help people who have Down syndrome. Moreover, they aren't really intended to do so."
According to Perry, "The goal of this law is to silence women and doctors by criminalizing conversations about abortion." He adds, "People with Down syndrome are just collateral damage, because it's going to make the words 'Down syndrome' even more scary."
Perry writes, "The only antidote to fear is to fight social stigma, make sure people with disabilities are fully supported and integrated in society, help families, and provide [pregnant women] with good information." In contrast, "this Indiana law works in precisely the opposite direction, making those prenatal diagnostic moments harder," he states. "There's no real way to enforce this law," he explains, "A woman isn't required to tell a doctor why she wants an abortion, so the best defense for everyone will be silence."
Perry contends, "If Pence truly believes that he's going to be judged by whether he's protected people with Down syndrome, he needs to turn Indiana into a leader for disability services (right now, it's not)" and "enact laws that help doctors tell the truth about people with Down syndrome, rather than forcing silence."
He concludes, "We can change the calculus around prenatal diagnoses by telling these stories -- not by silencing doctors, terrifying [women], and turning disability and abortion into political battlefields" (Perry, Springfield News-Leader, 3/26).
