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.