Wednesday, January 16, 2013

Abortion Laws - FL, GA, HI, ID

Part 3 in a series.

Florida - #29 - F
72% of Florida counties have on abortion provider.
Unconstitutional and unenforceable ban after 12 weeks.

Biased Counseling and Insurance Prohibition
May not obtain an abortion until provided a state-approved pack of information as well as a mandatory ultrasound.
Health insurance provided by the new state exchange established under the new health care laws may not include abortion if paid in part or full by state or federal funds, including tax credits or cost-sharing credits.

Refusal Clause
No one can be forced to provide any abortion OR CONTRACEPTIVE services. Yes, this means a pharmacist can refuse to fill a prescription for birth control.

Restrictions on Low Income Women's and Young Women's Access to Abortion
No public funds can be used for abortion services except in cases of rape or incest or to save the life of the mother.
No young woman under the age of 18 can receive an abortion until 48 hours after one parent is notified by telephone or in person by the attending physician. If parents cannot be notified, there must be a 72 hour wait after notification is sent by certified mail. Not waived in case of rape, incest, or child abuse. Waived in case of emergency.

TRAP laws
Abortion clinics must keep records of patients for five years, organized for easy retrieval. No limitation on who may have access to the records, and no guarantee of privacy for the patient. Abortion clinics must also obtain special "abortion clinic" licenses.

Georgia - #30 - F
94% of Georgia counties have no abortion provider.
Abortions after 20 weeks prohibited. Unconstitutional, Unenforceable ban on abortion after 12 weeks.

Biased Counseling
24 hour wait after receiving a state-approved lecture covering the usual: age of the fetus, development, estimate of viability, adoption services, pre-natal resources, etc. If she chooses to review the materials in written form she must wait 72 hours.

Refusal Clause
No one is required to participate in an abortion. Pharmacists are not required to fill or refill contraception prescriptions. County and State employees are not required to participate in Family Planning Services. No one is required to participate in sterilizations.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion except in cases of rape, incest, or danger to the life of the mother.
Women under 18 must wait 24 hours after a parent is notified by the attending physician, or 72 hours after mailing notification by certified mail. No exception for rape, incest, or child abuse. The young woman can, however, provide a signed statement from the parent saying they've been notified; the 24 hour wait can be waived if the parent certified in writing they have previously consulted with the young woman or if the parent accompanies the young woman to the procedure.

TRAP laws
Abortion facilities must be "available at all reasonable or scheduled operating hours for observation and examination" by state officials. No regulations provided for the safety or privacy of patients. All abortions other than D&E procedures must be performed in a licensed hospital or ambulatory surgical centers.

News Stories
Georgia's 20 week ban blocked temporarily by state judge

Hawaii - #4 - A
20% of Hawaii counties have on abortion provider.
No bans other than the Federal ban

Refusal Clause
No person or hospital may be required to participate abortion procedures. They must make reasonable efforts to find the patient a doctor that will provide the necessary services and continue to provide care until the patient is transferred.
Religious employers, defined as non-profit organizations whose sole purpose is a religious one and primarily employs people who share the religious values of the company, are not required to provide coverage for contraceptive services in their insurance plans.

TRAP laws
Only a licensed physician, surgeon, or osteopathic physician or surgeon may perform abortions.

Idaho - #44 - F
95% of Idaho counties have no abortion provider.

Ban after 20 weeks, no exceptions. Unconstitutional, unenforceable ban after 12 weeks that also outlines punishments for providers, including jail time, fines, and loss of medical license.

Biased Counseling and Insurance Prohibitions
24 hour waiting period after being provided with state-approved packet of materials.
Disability insurance policies, individual insurance policies, and managed care plans may not include insurance coverage with an exception only to save the woman's life. Abortion coverage may only be obtained by an optional rider paid for with additional fees; no requirements for insurance companies to offer the rider. Health insurance offered in the new state exchange may not include abortion coverage with exceptions to save a woman's life or in cases of rape or incest.

Refusal Clause
No one can be forced to participate in abortion or sterilization services; refusal must be in writing. Exceptions for emergencies.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion except for saving the life of the mother, rape, or incest. Rape or incest must be documented by law enforcement or attending physician; a requirement that it be verified by two physicians was deemed unconstitutional.
Young women under 18 may not obtain abortions unless they obtain the consent of one parent, except in cases of emergency, rape, or incest. No exception for child abuse.

TRAP laws
Unconstitutional requirement that all second-trimester abortions be done in a hospital. Providers must have "satisfactory" transfer arrangements with one or more acute-care hospitals within reasonable proximity. No exceptions for rural area clinics, or requirements for hospitals to make the agreements. Only physicians licensed by the state to practice medicine and surgery, or osteopathic medicine and surgery may perform abortions.

Idaho state code states:
"The supreme court of the United States having held in the case of 'Planned Parenthood v. Casey' that the states have a 'profound interest' in preserving the life of preborn children, Idaho hereby expresses the fundamental importance of that 'profound interest' and it is hereby declared to be the public policy of this state that all state statutes, rules and constitutional provisions shall be interpreted to prefer, by all legal means, live childbirth over abortion." 
News Stories
Idaho lawmaker compares abortion to prostitution

Other posts in this series:
NARAL's Report Card
Part 1: Intro, Alabama, Alaska, Arizona, and Arkansas
Part 2: California, Colorado, Connecticut, Delaware
Part 3: this post
Part 4: Illinois, Indiana, Iowa, Kansas
Part 5: Kentucky, Louisiana, Maine, Maryland
Part 6: Massachusetts, Michigan, Minnesota, Mississippi


  1. This reading kind of pisses me off...
    Raped women must be able to choose abortion without anyone sticking their nose in the business. It is a horrible situation as it is.

    Are contraceptives a delicate matter too over there? As in is it hard to get and so on?
    Here it's very simple: you can go see a midwife and she'll write you a prescription. The visit is free and depending on your age and where you live you'll get a discount on the pills at the pharmacy. No parents consent needed or anything, even if you're not 18.
    Getting an abortion you don't have to get the parents consent or even tell if you don't want to if you're under 18.

    In Sweden abortion is permitted until the end of the 18th week, for any reason. After that, 19th-22nd week, the woman needs a consent from The Swedish National Board of Health and Welfare (Socialstyrelsen), given if the mother's health is in danger or the fetus is severly ill.
    I think the law about this is from 1974.
    Since January 1, 2008, there is no longer demanded that the woman having the abortion has any connection with Sweden. This makes it possible for foreign women to come here and get an abortion.

    1. I wish our abortion laws were that sensible!

      Contraception varies. In most places it's covered by insurance plans in the same way that other prescriptions are covered. In places with Planned parenthood you can often get your birth control from them for free, and they have several different types. (I got the pill from them first, then a lower-estrogen pill from a non-Planned Parenthood doctor, then back to PP for my IUD.)

      Actually filling the prescription can be a different manner, as a lot of states have Refusal clauses that also cover contraception. And if you don't have insurance or a PP near you, you're going to need to cough up the money to buy it. There's a lot more stories about pharmacists refusing to give out Plan B than the normal birth control. There was a story on Reddit yesterday about an active duty soldier who went to get Plan B from the post pharmacy and got chewed out for needing it, and a "sexual deviancy" note put in her health record for needing it! (This is not normal, a lot of army docs then advised her to dispute that up the chain of command. BUT IT STILL HAPPENS.)

      And if reading it is pissing you off, imagine trying to write this. I can usually get through two states before I have to get up, walk away from the computer, and blow off some steam before I can come back and finish the entry. 2011 saw the most restrictions on abortion put into law EVER, and 2012 was right behind it. This shouldn't even be an ISSUE right now. Our government should be trying to find ways to create jobs, not to repress women. (And we should be PAST THIS.)