Oklahoma's Anti-Abortion Bill a Setback for Both Pro-Choice and Pro-Life Advocates

The Oklahoma legislature has passed an onerous anti-abortion bill that is poised to become state law. State Senate bill 1878 passed both houses and is sitting on Governor Henry's desk. He has until Thursday to sign or veto it. Despite the lobbying efforts of the Oklahoma State Medical Association and advocates for women's health, there are currently not enough votes to sustain a veto in either house.

The bill combines many new abortion regulations. The most invasive and unprecedented provisions of the bill relate to mandates for an ultrasound before a pregnancy termination can be done. The bill states that either a transabdominal or transvaginal transducer, whichever gives the clearer picture of the embryo, must be used. For early terminations that will mandate an ultrasound done with a probe placed in the vagina. There is no provision for the woman to opt out of this procedure. My main concerns about the bill are the following:

1) The bill dictates how doctors obtain informed consent in a way that does not conform to medically-accepted practice. Current state law already requires the doctor to refer patients to information about development of an embryo or fetus twenty-four hours before a pregnancy termination. The website is one required resource. She must also be notified about facilities that will offer her a free ultrasound.

2) This compels a physician to perform an invasive, vaginal procedure -- not for the benefit of the patient, and possibly against her wishes -- before the requested medical procedure can be done.

3) The fines for failure to follow the requirements begin at $10,000 go up to $100,000 or more for subsequent violations. The highest fines for negligent homicide or driving under the influence in Oklahoma are $1,000.

4) The bill defines "unprofessional conduct" if a physician does not perform this unnecessary procedure and suggests that the medical board may remove the physician's license. This violates the standard medical practice that any patient has the right to refuse medical procedures or treatment.

This bill dictates how a doctor obtains informed consent, violates the patient's right to refuse unwanted medical interventions, and places disproportionate punishments on physicians who do not comply.

Pro-choice and pro-life advocates alike should be appalled by this level of government intrusion. I hope that national attention to this outlandish regulation might encourage a veto by our Governor. Women's advocates in other states need to watch for similar attempts by their own legislatures.

Note: Since this post was originally written, a governor veto on this legislation has been overturned by the state legislature.

Comments

[DeKazz]

I have the great misfortune to live in Oklahoma. Dr. Stone, you are much too polite and clinical in your description of the required ultrasound. A more accurate description can be obtained by searching for the legal definition of rape by instrumentation, a crime which is now required to be performed on women attempting to obtain an abortion in Oklahoma. I did some research...the vaginal probe is an instrument that looks suspiciously like a dildo, and is about 13 - 14 inches long. The doctor is required to insert this in the woman's vagina. I have to assume that, in order to obtain the "clearest possible picture", as required by law, there will have to be some manipulation of the instrument in her vagina. jrockbg is correct in his comment (above) that this legislation is, in fact, only about imposing (and I quote) "additional punishments to those who harm or kill an unborn baby".

[tulsadem]

You've left out the most important part of this legislation. There is NO exception for this procedure for women who are pregnant as a result of rape or incest. Even our govenor vetoed the legislation because he felt that the victim of such acts would be victimized a second time by having to undergo this procedure. Our local paper NEVER mentioned that the ultrasound would be conducted vaginally (a naughty word here in Oklahoma). It is completely shocking to me that our legislators would overide the veto.
As an aside. Oklahoma has one of the highest rates of child abuse in the nation, Our legislators only care about the fetus.....not the living child

[Researchguy66]

Can someone please tell me the purpose of the ultrasound? Certainly, they're not concerned about the health of the embryo... seems like a pretty pointless medical expense.

[jrockbg]

Reproductive rights, as an extension of the women's lib movement has always been premised on a lie: The agenda of Pro-lifers is not the subjigation of women; It's about a moral stand and not letting one human take away rights from another. How ludicrous is it that Pro-choicers oppose additional punishments to those who harm or kill an unborn baby? That makes no sense! Once they are concieved they are our children. Every instinct in our bodies tells us that. So I caution you on calling the Pro-life movement a "misogynistic ideology". It's just not true.

[RussSanchez]

Just curious, what are your views on birth control?

[jrockbg]

Life begins at conception. Any birth control that doesn't prevent pregnancy after that is ok with me. I know not all my fellow pro-lifers share that view but I'm sure not all pro-choicers are in favor of partial-birth/late term abortions either.

[kegbot1]

Once they are conceived they are "our children."

You mean the collective's children or the government's children.

Please crawl back under your rock and disappear.

[LetgoofmyEggo]

Gee if it's a full baby then I should be able to file another exemption on my taxes. NO? Well I guess it's just a full baby in words only, huh? I would say a potential baby and no more. If you guys want to stop abortions then supply sex ed beyond "just say no" and make birth control affordable and available to everyone. And make all of the damned insurance companies pay for it. If they'll pay for Viagra the can pay for birth control. Your self righteous crap has closed Planned Parenthood offices all over the country and where do you think thousands of poor women got their birth control and paps? If we don't stop it American women will be just as bad off as the Middle East ladies. We won't have any control over our own bodies either.

Read these words from the Bible and see if you think a fetus is thought to be a baby.

And if men struggle and strike a woman with child so that she has a miscarriage, yet there is no further injury, he shall be fined as the woman's husband may demand of him, and he shall pay as the judges decide. But if there is any further injury, then you shall appoint as a penalty life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise."
Exodus 21:22-25

[jrockbg]

I certainly concede that all of those issues you mention are important and need to be addressed. I also concede that women shoulder the brunt of responsibility in dealing with these matters, as it more directly affects them. I simply believe that the murder of a child (even a potential child) is hardly the answer. If I get you right, the answer to an inept sex-ed policy, insurance companies and birth control is abortion? That hardly seems reasonable. It's society that tells us we can justify abortion in the name of women's rights or living life the way we choose. Meanwhile, inside our hearts we know the memory of a life that never was will haunt these mothers the rest of their lives.

And taking your biblical quote literally...it does not address the issue of the INTENTIONAL killing of a fetus.

[jrockbg]

I am a Pro-Life conservative. While I understand the motivations of the authors of this bill, it does appear to be bad legislation. I think that most abortions should be classified as a felony. But the government does not retain the right of pre-emption when it comes to the subject of abortion. In other words, the government should not be allowed in your business until you commit a crime, whatever it is. This legislation goes too far.

[JCPOK]

Thank you so much Dr. Stone for shining some light on this most unfortunate development here in Oklahoma. It saddens me deeply that this has happened. It saddens me to know that our state has once again distinguished itself as a willing tool of the right-wing's ignorant and misogynistic ideology. More poignantly, it saddens me to know that my two girls - who you so expertly brought into this world - will be forced to live under this oppressive law unless they decide in their adult years to leave Oklahoma.

Keep up the fight and please know that you have our support.

[sparkandy]

That's what we get for electing the idiots who run this State. I love it here, wouldn't live anywhere else, but we sure can be ignorant sometimes.