By Melissa Patrick
Kentucky Health News
FRANKFORT, Ky. -- A bill to ban abortions in Kentucky after the 20th week of pregnancy cleared a committee and moved close to becoming law Friday, Jan. 7, and will be heard today on the House floor. It is expected to pass and go immediately to Gov. Matt Bevin for his signature.
Senate Bill 5 has an emergency clause, so it will become law as soon as Bevin signs it. It is part of a legislative package Republicans are moving through the General Assembly in the first week that they have full control of state government.
The bill is based on the widespread belief that 20-week-old fetuses can feel pain, though that has not been established by published, scientific research.
"When it comes to the claims of fetal pain in this bill, medical experts, including the highly respected and trusted American College of OB/GYN are in agreement that science does not support those claims. Let me be clear, there is no evidence that a pre-viable fetus feels pain," Tamarri Wieder, director of external affairs for Planned Parenthood Advocates of Indiana and Kentucky, told the House Health and Family Services Committee.
About 1 percent of abortions occur after 20 weeks, and usually because of complex situations, Wieder told the committee.
Heather Hyden and James Earley of Lexington spoke against the bill. In emotional testimony, Hyden, who is 14 weeks pregnant, told legislators that her baby has a medical condition that could either resolve itself, or cause it to die, but she wouldn't know the outcome until after the 20th week.
Hyden pleaded with lawmakers to have concern for mothers who don't find out that their child has a medical condition that would cause it to not be viable after birth until after the 20-week mark, and would then be "forced to carry a non-viable fetus to be born."
Rep. Darryll Owens, D-Louisville, and several other representatives, asked for clarification on whether this bill made exceptions for the status of the fetus. That is, if a women is healthy, but her un-born child has a heartbeat even though it has a condition or an anomaly that will cause it to die at birth or soon after -- can that woman get an abortion after 20 weeks? Or will she be forced to carry it to birth?
Smith kept saying if the child is not viable" then this bill won't affect the pregnant mother. But the question alluded to a child that was alive in the womb, but would not live out of the womb, as could be Hyden's situation.
Jenkins asked the question again of Rep. Joe Fischer, R-Fort-Thomas, who testified in favor of the bill, who said,". . . if the child has a chance to come out and be alive, well, it's going to get help with this bill. It's going to get a chance to be brought into this world and be able to be treated to have a chance at some sort of life."
When asked this question yet again after the meeting, Smith said he only had one comment: "This was a win for little children all over Kentucky."
The bill reads: "The abortion was necessary to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman" and this can only be done if two physicians not professionally related to each other certifies this in writing, and this decision can only be determined in a hospital that "has appropriate neonatal services for premature infants" There are no obvious provisions for the above described situation.
Wieder said after the meeting that after consulting with attornies from Planned Parenthood' and the ACLU, there is no provision for the woman to abort the fetus if there is not an immediate threat to the mother.
"The way that we have read the bill, there would be no exceptions for the mother if her life is not in jeopardy," she said.
Another point of contention for Democrat lawmakers is that the bill does not include any exceptions for victims of rape, incest.
Fifteen states ban abortion at about 20 weeks post-fertilization or its equivalent of 22 weeks after the woman’s last menstrual period on the grounds that the fetus can feel pain. Two of those states, Georgia and Idaho, are facing legal challenges to their laws, with Idaho's not currently in effect. Kentucky's bill provides for a legal defense fund that could receive private contributions to a trust fund overseen by the state.
Rep. Joni Jenkins, D-Louisville, asked Smith if he planned to remove the first page of the bill as was done on the other abortion bill, which requires an ultrasound 24 hours prior to an abortion, in order to create a committee substitute. Smith said it was not his intention to do so.
The committee substitute on House Bill 2 caused all of the Democarat's amendments filed on the original bill to become moot. One of the amendments asked for an exception of the rules for victims of rape and incest. Rep. Addia Wuchner, R-Burlington, said this page was removed because it did not comply with Mason's Rules of Order.
Kentucky Health News
FRANKFORT, Ky. -- A bill to ban abortions in Kentucky after the 20th week of pregnancy cleared a committee and moved close to becoming law Friday, Jan. 7, and will be heard today on the House floor. It is expected to pass and go immediately to Gov. Matt Bevin for his signature.
Senate Bill 5 has an emergency clause, so it will become law as soon as Bevin signs it. It is part of a legislative package Republicans are moving through the General Assembly in the first week that they have full control of state government.
The bill is based on the widespread belief that 20-week-old fetuses can feel pain, though that has not been established by published, scientific research.
"When it comes to the claims of fetal pain in this bill, medical experts, including the highly respected and trusted American College of OB/GYN are in agreement that science does not support those claims. Let me be clear, there is no evidence that a pre-viable fetus feels pain," Tamarri Wieder, director of external affairs for Planned Parenthood Advocates of Indiana and Kentucky, told the House Health and Family Services Committee.
About 1 percent of abortions occur after 20 weeks, and usually because of complex situations, Wieder told the committee.
Heather Hyden and James Earley of Lexington spoke against the bill. In emotional testimony, Hyden, who is 14 weeks pregnant, told legislators that her baby has a medical condition that could either resolve itself, or cause it to die, but she wouldn't know the outcome until after the 20th week.
Hyden pleaded with lawmakers to have concern for mothers who don't find out that their child has a medical condition that would cause it to not be viable after birth until after the 20-week mark, and would then be "forced to carry a non-viable fetus to be born."
Rep. Darryll Owens, D-Louisville, and several other representatives, asked for clarification on whether this bill made exceptions for the status of the fetus. That is, if a women is healthy, but her un-born child has a heartbeat even though it has a condition or an anomaly that will cause it to die at birth or soon after -- can that woman get an abortion after 20 weeks? Or will she be forced to carry it to birth?
Smith kept saying if the child is not viable" then this bill won't affect the pregnant mother. But the question alluded to a child that was alive in the womb, but would not live out of the womb, as could be Hyden's situation.
Jenkins asked the question again of Rep. Joe Fischer, R-Fort-Thomas, who testified in favor of the bill, who said,". . . if the child has a chance to come out and be alive, well, it's going to get help with this bill. It's going to get a chance to be brought into this world and be able to be treated to have a chance at some sort of life."
When asked this question yet again after the meeting, Smith said he only had one comment: "This was a win for little children all over Kentucky."
The bill reads: "The abortion was necessary to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman" and this can only be done if two physicians not professionally related to each other certifies this in writing, and this decision can only be determined in a hospital that "has appropriate neonatal services for premature infants" There are no obvious provisions for the above described situation.
Wieder said after the meeting that after consulting with attornies from Planned Parenthood' and the ACLU, there is no provision for the woman to abort the fetus if there is not an immediate threat to the mother.
"The way that we have read the bill, there would be no exceptions for the mother if her life is not in jeopardy," she said.
Another point of contention for Democrat lawmakers is that the bill does not include any exceptions for victims of rape, incest.
Rep. Joni Jenkins, D-Louisville, asked Smith if he planned to remove the first page of the bill as was done on the other abortion bill, which requires an ultrasound 24 hours prior to an abortion, in order to create a committee substitute. Smith said it was not his intention to do so.
The committee substitute on House Bill 2 caused all of the Democarat's amendments filed on the original bill to become moot. One of the amendments asked for an exception of the rules for victims of rape and incest. Rep. Addia Wuchner, R-Burlington, said this page was removed because it did not comply with Mason's Rules of Order.
from Kentucky Health News http://ift.tt/2i1Ug64
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