Fetus Pictures Being Sent To Government Officials
Of all the slippery slope arguments this one actually has merit.
RALEIGH, N.C. — A state law requiring that doctors who perform an abortion after the 16th week of pregnancy supply an ultrasound to state officials has sparked a new and bitter front in the war over abortion here, with stakes that are both personal and political.
Supporters say the purpose of the law is to verify that doctors and clinics are complying with state law, which outlaws abortions after 20 weeks but with an exception made for medical emergencies. Critics say the purpose is to intimidate and provide hurdles to women and doctors. The ultrasound provision, already a requirement in Louisiana and Oklahoma, is part of the continuing pushback against abortion in Republican-controlled states. In highly polarized North Carolina, it has raised the temperature of the abortion debate, which has been used to motivate conservative and liberal voters alike.
The law requires doctors who perform an abortion after the 16th week of pregnancy to send the State Department of Health and Human Services the method used to determine the “probable gestational age” of the fetus, the measurements used to support the assertion and, most controversially, an ultrasound showing the measurements. The provisions took effect Jan. 1.
The reason for this law comes down to this: Doctors are liars who routinely break the law. Of course, that’s not the real reason. The real reason is to intimidate women and their doctors; to set up a procedure where doctors are hauled into court and that many (given that determining fetal age isn’t an exact science – because fetuses do not grow at the same rate), will be hesitant to perform abortions at the 17, 18 and 19th week due to the threat of prosecution.
So much for HIPAA Privacy rules. You have to wonder what other medical records will be sent to government officials, because this law opens the door to that.
North Carolina has added this statement: “The North Carolina law states the documents will not be considered public records, and that the confidentiality of the doctor and patient will be “protected,” with the doctor responsible for leaving off the patient’s identifying information.”
How would this law actually work? Given that determining fetal age is an approximate, I guess “questionable” ultrasounds head to some sort of court. Would the woman have to testify? I would think so. How could she not be called to the witness stand? Not kidding, how could she be removed from these proceedings? If the state official says the fetus was 21/22 weeks and the doctor says it was 18/19 weeks there needs to be another witness – someone who could verify the date of their last period, the date on which they had sex, and would we need to bring in their sexual partner, as well, to confirm these statements? And if the woman confirmed what the doctor said how would you prove her wrong? Are we heading to a place where all women would have to register, with the state, their menstruation dates every month so a record would exist that could be used in court? How else would the state be able to prove their case?
I’m not kidding. How would the state be able to prove that an abortion was performed after 20 weeks without knowing a woman’s menstruation schedule ahead of time?
This is simply another unscientific way to limit abortion to 16 weeks instead of 20. It’s intimidation. And what is it about Republicans and their obsession with putting a camera up a woman’s vagina? That’s really creepy. But taking pictures is a GOP staple – and one that frequently gets them into trouble with their other sexual fetishes. There’s a reason so many anti-abortionists take pictures of the women entering clinics. There’s a reason they take pictures of their license plates. There’s a reason they post a doctor’s personal information online. It’s to shame and intimidate women (who they can’t stop getting abortions), and in some cases to give directions to murdering a doctor.
And they can’t stop the women. Despite all their whining and preaching they can’t convince the one group who could fulfill their goal – Women. If you can’t make a persuasive argument to the group you need to make your vision a reality, then you’ve failed. It’s why they go after doctors and impose restrictions on clinics that should make oral surgeons shudder in fear. It’s why they infantilize women. They can’t convince them so they remove them from their argument. That’s what a losing argument looks like.
And just for fun, North Carolina has extended the waiting period for abortion from 24 hours to 72 hours. What’s amazing to me is how this impacts the very people Republicans spit on every day – the poor. A 72 hour waiting period for a wealthier woman is an inconvenience – for a poor woman it can be an insurmountable obstacle. So Republicans are actually for creating more of the population they sneer at. I’ve never been able to wrap my head around that one.
And then there’s this gem:
Also under the law, doctors performing abortions after 20 weeks must send the health department the “findings and analysis” that were used to determine that a medical emergency existed.
Oh good, another personal medical record heads to court! And here I thought the Republicans hated the ACA due to the government coming between a person and their doctor. Guess that only applies to male persons. Women’s bodies are public property, after all.
Tags: Abortion, Republican War On Women
This is infuriating. HIPAA has provisions that permit and/or require doctors and hospitals to report medical findings if they are so ordered by a court, or if said medical findings are in the interest of the greater public’s overall health (think communicable diseases like STIs, tuberculosis, etc). Are they arguing that State determination of gestational age at which a fetus is aborted, and the doctor’s medical reasoning and finding for gestational age determination and performing the abortion is in the interest of public health? Surely not.
On top of continuing to insult and abuse women everywhere, Republicans in NC are perverting the language of the law meant to protect doctor-patient privacy and public health for their own ideological gains. This will probably be challenged in court, as it should be, breach of doctor-patient privilege on reasons not beholden to the general public’s health and well-being.
Private medical records turned over to the state are no longer private, as the State is not a private entity. Privacy is maintained only between doctor, patient & family, and insurance (in some instances).
And North Carolinians will chuck more tax money out the window at the behest of 17th century-minded Republican legislators. Color me surprised.