Ariz., Kan., Okla., Va. State Lawmakers Advance Antiabortion Legislation

March 30, 2011 — Arizona Gov. Jan Brewer (R) on Tuesday signed a bill (HB 2442) into law that makes it a felony for health professionals to provide abortion care if they suspect a woman is seeking the procedure because of the race or gender of the fetus, Reuters reports. Arizona is the first state to pass such a law, which would not penalize women for having the procedure.

Bryan Howard, CEO of Planned Parenthood of Arizona, said, "This law creates a highly unusual requirement that women state publicly their reason for choosing to terminate a pregnancy -- a private decision they already made with their physician, partner and family."

The law would take effect 90 days after the end of the current legislative session (Schwartz, Reuters, 3/30).

Kansas Lawmakers Approve Two Anti-Abortion Bills

Kansas legislators on Tuesday voted to pass separate measures to restrict abortion access, the Wichita Eagle reports. The House voted 94-28 to approve a bill (HB 2218) to prohibit most abortions after 21 weeks of pregnancy (Fertig, Wichita Eagle, 3/30). The bill includes an exception in cases when the woman's life is in jeopardy or other major bodily functions are at risk and would change current law to remove an exception for mental or emotional reasons (Cooper, Kansas City Star, 3/30).

The House also voted 100-22 to approve a bill (HB 2035) to require parental consent for minors seeking abortion services (Wichita Eagle, 3/30). The bill would require minors to obtain consent from two parents before receiving abortion services and also allows pregnant women or their families to file lawsuits against physicians who perform illegal abortions (Women’s Health Policy Report, 3/24).

Both bills now move to Gov. Sam Brownback (R), who has indicated that he will sign them. The House on Wednesday is expected to consider a third bill to change licensing of abortion clinics (Wichita Eagle, 3/30).

Oklahoma Lawmakers Advance 20-Week Abortion Ban

The Oklahoma Senate Health and Human Services Committee on Monday voted 6-1 to approve legislation (HB 1888) that would make it a felony for doctors to perform abortions after 20 weeks of pregnancy based on the theory that a fetus can feel pain at that point, the AP/Fox reports. The bill passed in the House on a 94-2 vote and now moves to the full Senate.

The bill includes an exception in cases where the life of the mother is in jeopardy, or if the mother is at risk of losing a "major bodily function." It does not include an exception for fetal abnormalities detected after 20 weeks' gestation (Murphy, AP/Fox, 3/29).

Virginia Becomes First State To Require Abortion Clinics To Meet Hospital Standards

Virginia Gov. Bob McDonnell (R) on Saturday signed into law a bill (HB 1428) that requires the state Board of Health to develop regulations to ensure all clinics that provide first-trimester abortions meet the same standards as hospitals, the AP/Fox reports (AP/Fox, 3/28). Clinics currently are licensed by the state, but are treated like physician offices, similar to those that provide plastic and corrective eye surgeries, colonoscopies and a range of other medical procedures (Women's Health Policy Report, 2/25). Virginia is the first state to adopt such a requirement, which could include making structural changes to the buildings, making certain equipment mandatory, or increasing training. Opponents of the bill say that it could force up to 17 of the state's 21 abortion clinics to close.

The Board of Health will draft regulations by Sept. 1 and public comment will be heard before the rules are adopted on Sept. 15. McDonnell will be able to make changes to the regulations before the law takes effect Jan. 1, 2012 (AP/Fox, 3/28).