Iowa, Kan., La., Mo., Neb., Lawmakers Address Abortion Legislation

May 16, 2011 — The Iowa Senate Ways and Means Committee on Thursday voted 9-6 to approve a measure (SSB 1212) that aims to prevent Nebraska abortion provider LeRoy Carhart from opening a proposed clinic in Council Bluffs in November, the Des Moines Register reports (Petroski, Des Moines Register, 5/13). The bill, introduced Wednesday by Sen. Joe Bolkcom (D), would require clinics that offer abortion care after 20 weeks of pregnancy -- such as Carhart's proposed clinic -- to be located near a hospital that is equipped to provide perinatal care (Petroski, Des Moines Register,5/12).

In addition, the bill would authorize the state Department of Public Health to regulate and license the clinics. There is no hospital in or around Council Bluffs that would meet the bill's standards (AP/Omaha World-Herald, 5/12). The bill states that a clinic in Council Bluffs could not use hospitals in neighboring Omaha, Neb., to meet the bill's requirements, the Register reports (Des Moines Register, 5/12).

The Senate could debate the measure on Monday (Des Moines Register, 5/13).

Kan. Legislature Sends Gov. Brownback Two Abortion-Related Bills

The Kansas House on Friday voted 86-30 to approve a broad insurance bill (HB 2075) that would ban health insurance companies in the state from including abortion coverage in their general health plans, except to cover emergency situations when a woman's life is at risk, the AP/Miami Herald reports. The state Senate passed the bill on May 12 in a 28-10 vote, allowing to the measure to proceed to Gov. Sam Brownback (R), who is expected to sign it into law.

The law is scheduled to take effect in July. Individuals or employers who wish to obtain abortion coverage would be required to purchase supplemental policies (Hanna, AP/Miami Herald, 5/13).

Planned Parenthood of Kansas and Mid-Missouri President and CEO Peter Brownlie said lawmakers violated their own rules in passing the bill within the session's final hours, a technical issue that might help the organization if there is a lawsuit against the measure, according to the Kansas City Star. Brownlie said the organization is considering filing suit after Brownback signs the bill into law (Kansas City Star, 5/13).

Brownback also is expected to sign legislation (SB 36) that would enforce new health and safety standards specifically on abortion clinics, the AP/Herald reports. In addition, lawmakers have approved a state budget plan that would block $300,000 in state-controlled federal family planning funds from going to Planned Parenthood (Hanna, AP/Miami Herald, 5/13).

La. Bill Would Require Signs at Abortion Clinics

The Louisiana House on Thursday voted 93-0 to approve a bill (HB 586) that would require abortion clinics to provide women seeking abortion care with specific information and instructions before and after the procedure, the AP/Greenfield Daily Reporter reports. Gov. Bobby Jindal (R) has endorsed the measure, according to the AP/Daily Reporter (Davis, AP/Greenfield Daily Reporter, 5/12).

Under the bill, abortion clinics would be required to display signs stating that a woman cannot be forced to have an abortion and that the woman's partner is liable for child support. The signs would have to indicate that public and private agencies are available to help the woman before and after she gives birth, and that adoptive parents might pay for pregnancy-related care. Currently, abortion providers must tell women seeking abortion care about the information, but they do not have to post it on signs.

The state House Committee on Health and Welfare previously added a provision that would require abortion providers to inform prospective patients about a website with detailed information. The site would include information about adoption agencies, crisis pregnancy centers and fetal development, including photos and statements about a fetus' ability to feel pain, as well as information on the risks of carrying a pregnancy to term.

In addition, the bill would modify an existing state law that balances the right of a physician to refuse services based on his or her conscience with the right of a patient to access services. Under the bill, the part about a patient's right to access care would be removed (Women's Health Policy Report, 5/6).

Mo. House OKs Senate-Approved Bill With New Abortion Restrictions

The Missouri House on May 12 in a 121-33 vote approved a bill (SB 65) that would prohibit abortion after viability, unless the woman's physical well-being is in jeopardy, the Kansas City Star reports. Current state law already bans abortion after viability and includes an exception if the woman's health or life is threatened. The new bill imposes a more stringent health exception and requires a provider to determine the gestational age of the fetus before proceeding. If the fetus is 20 weeks or more, the provider must determine that it is not viable. Physicians could face fines of up to $5,000 or as many as seven years in prison for violating the law. The state Senate passed the bill in April, meaning that the measure now proceeds to Gov. Jay Nixon (D).

According to the Star, Planned Parenthood officials said the legislation would impose "ambiguous and vague standards" on physicians and jeopardize women's health (Noble, Kansas City Star, 5/12).

Neb. Judiciary Panel Advances Notarized Consent Bill

The Nebraska Legislature's Judiciary Committee on Wednesday passed a bill (LB 690) that would require minors to obtain written parental consent before accessing abortion services. Under the bill, sponsored by Sen. Lydia Brasch, a pregnant woman younger than age 18 and one of her parents or legal guardians would have to provide notarized written consent before obtaining an abortion. The legislation would require a minor to obtain notarized written consent from a grandparent if she provided a signed statement saying that her parents or guardian were abusive toward her. If the minor decides not to have an abortion, she would be deemed emancipated from her parents or guardians so that she would be eligible for public assistance (O'Hanlon, Lincoln Journal Star, 5/11).