Kan. Gov. Brownback Signs Antiabortion Bill; Iowa, Minn. Take Action on Measures

May 17, 2011 — Kansas Gov. Sam Brownback (R) on Monday signed a bill (SB 36) that requires the state's three abortion clinics to be inspected twice annually and prevents them from using telemedicine to administer medication abortion, AP/Westport News reports. The law takes effect July 1. Abortion-rights supporters said the law could cause one or more of the state's three abortion clinics to close (Hanna, AP/Westport News, 5/16).

Under the bill, the Kansas Department of Health and Environment is authorized to write standards for buildings and equipment, issue annual licenses for abortion clinics, fine clinics for non-compliance and go to court to close clinics. The bill requires at least one of the two annual inspections to be unannounced, and it requires at least two people -- one of whom must be a woman -- other than the patient to be in the room during a pelvic exam or abortion. Surgeons also must have admitting privileges at an accredited hospital within 30 miles of the clinic. The bill also increases regulation of medication abortion by requiring that all pills be taken in the presence of a physician and encourages patients to return to the physician office between 12 and 18 days after taking both pills (Women's Health Policy Report, 5/16).

Jeff Pederson, administrator for the Aid for Women clinic, said the requirement that physicians have privileges at a hospital within 30 miles will be problematic because antiabortion groups put pressure on hospitals to revoke such privileges. The clinic would need to spend $10,000 for a new exit required under the law.

Peter Brownlie, president and CEO of Planned Parenthood of Kansas and Mid-Missouri, said the bill will "make the services more expensive and more difficult to obtain or more difficult to provide" (AP/Westport News, 5/16).

Iowa Senate Approves Bill Blocking New Abortion Clinic in Council Bluffs

The Iowa Senate on Monday voted 26-23 to approve a measure (SF 534) that aims to prevent Nebraska abortion provider LeRoy Carhart from opening a proposed clinic in Council Bluffs, Iowa, in November, the Des Moines Register reports. The vote was along party lines, with Democrats supporting the measure and Republicans arguing that it was too lenient. The measure now advances to the Republican-controlled Iowa House, where Speaker Kraig Paulsen (R) has said it is not likely to be approved.

The bill, sponsored 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 with an intensive care unit (Petroski, Des Moines Register, 5/17). In addition, the bill would authorize the state Department of Public Health to regulate and license the clinics. There is no hospital near Council Bluffs that would meet the bill's standards. The bill states that a clinic in Council Bluffs could not use hospitals in neighboring Omaha, Neb., to meet the bill's requirements (Women's Health Policy Report, 5/16).

Bolkcom said the bill would protect "the life and health of a woman and potentially the life of a viable fetus." Senate Majority Leader Michael Gronstal (D) said Senate Democrats questioned the constitutionality of a House-approved bill (HF 657) that would prohibit abortion after 20 weeks. Senate Republicans were unsuccessful in attempts to use legislative rules to force a debate on the House measure and to add amendments to the Senate bill.

Gronstal called the Senate bill a compromise that respects antiabortion-rights advocates without limiting a woman's ability to receive reproductive care. "I reel at the thought of an abortion," Gronstal said, "but I also reel at the thought of telling a woman she has to take to term a baby that cannot survive. That has to be a gut-wrenching decision" (Des Moines Register, 5/17).

Minn. Senate Votes To Ban Abortion After 20 Weeks

The Minnesota Senate on Monday approved a bill (SF 649) that would ban abortion after 20 weeks of pregnancy, except in medical emergencies, Reuters reports. Senators voted 42-24 to approve the restriction, but supporters fell short of the tallies needed to override a possible veto from Gov. Mark Dayton (D). Dayton has said he supports abortion rights but has not said whether he will veto the legislation.

The Senate bill is a slightly altered version of a House measure (HF 936), meaning that the legislation will require reconciliation before it heads to the governor. The Senate bill would allow abortion after 20 weeks to avert the death of a pregnant woman or if there were a substantial risk of physical impairments. It specifically excludes psychological or emotional conditions (Bailey, Reuters, 5/16).

Supporters of the bill claim that fetuses might feel pain beginning at 20 weeks, while opponents point to studies showing that is unlikely. The bill would make it a felony to perform an abortion beyond 20 weeks (Roper, Minnesota Star Tribune, 5/16).