Tuesday, January 22, 2013

Abortion Laws - IL, IN, IA, KS

Illinois - #17 - B-
92% of Illinois counties have no abortion provider

Unconstitutional and Unenforceable ban on abortion.

Counseling Ban and Insurance Prohibition
Grants provided under the "Problem Pregnancy Health Services and Care Act" which is designed to "expand and improve the availability of, and access to, needed comprehensive community services which assist problem pregnancies and to obtain proper care and assistance to those persons in need" cannot include reference to or about abortion.
Insurance paid for with state funds can't cover abortion.

Refusal Clause
No one is required to perform an abortion.

Restrictions on Young Women's Access to Abortion
Unenforceable currently, pending court judgment. Would require parental notification.

Requires abortion facilities to be ambulatory surgical treatment centers, regardless of types of abortions performed.

Other Laws
The General Assembly "solemnly declare[s] and find[s] in reaffirmation of the longstanding policy of this State, that the unborn child is a human being from the time of conception and is, therefore, a legal person for purposes of the unborn child's right to life and is entitled to the right to life from conception under the laws and Constitution of this State. . . . [I]f those [abortion-related] decisions of the United States Supreme Court are ever reversed or modified or the United States Constitution is amended to allow protection of the unborn then the former policy of this State to prohibit abortions unless necessary for the preservation of the mother's life shall be reinstated." 

Indiana - #36 - F
95% of Indiana counties have no abortion provider.
Ban after 20 weeks or viability, whichever is earlier. Ban after 12 weeks ruled unconstitutional&unenforceable.

Biased Counseling, Counseling Ban, and Insurance Prohibition
At least 18 hours before an abortion, the woman must sit through a state-approved lecture. The employees of the Indiana Office of Women's Health may not advocate for, promote, or refer to abortion. Health insurance policies under the new state exchange may not cover abortion except for the health of the mother, rape, or incest.

Refusal Clause
No one is required to perform or participate in abortions.

Restriction on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion.
Women under age 18 must obtain written consent from one parent, with no exceptions for rape, incest, or child abuse.

The State department of Health has authority to enact further trap laws without government approval. Abortions must be performed in hospital/hospital licensed facilities. All abortion providers must have admitting privileges with local hospitals.

News Stories
Fetal Anomalies and Medication Abortion Next Targets of Indiana's Anti-Choice Legislature

Iowa - #19 - C+
91% of Iowa counties have no abortion provider.
Unconstitutional and unenforceable ban after 12 weeks.

Refusal Clause
Individuals and Hospital that are not controlled, maintained, or supported by a public authority may refuse to perform or participate in abortions except in emergencies.

Restriction on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion care unless the pregnancy threatens the life of the mother, the fetus is physically deformed, mentally deficient, or affected with a congenital illness, or the pregnancy is the result of rape (reported within 45 days of the occurrence) or incest (reported within 150 days of the occurrence).
Unmarried women under the age of 18 cannot get an abortion until 48 hours after one parent has been notified by certified mail or in person with the attending physician. Includes exceptions for child abuse, rape, and incest.

Only physicians licensed in surgery may perform abortions.

Kansas - #46 - F
97% of Kansas counties have no abortion provider.
Criminal ban on abortion after 22 weeks, measured from the woman's last menstrual period. In addition, allows the offending physician to be sued by the woman, her spouse, and her parents if under 18.

Biased Counseling, Counseling Ban, and Insurance Prohibition
24 hours before the abortion a woman must receive an extensive packet of state approved materials.
Kansas Department of Health may not enter contracts with organizations that provide abortions.
Health Insurance Policies may not cover abortion unless a woman purchases an optional rider.

Public facilities and employees ban
No public facilities or employees may participate in abortions.

Refusal Clause
No one may be required to perform/participate in an abortion or sterilization. In addition, no one may be required to provide birth control, including pharmacists.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion except to save the life of the mother or in cases of rape or incest.
Women under the age of 18 must obtain consent of BOTH parents, with the exception of incest. Additionally, she must attend a counselling session with a parent, guardian, or other trusted party over the age of 21.

Abortion providers are subject to their own, very restrictive set of laws. They must be located within 30 miles of a hospital, and every physician at the clinic must have admitting privileges at that hospital. All facilities must be open to inspection at least twice a year, one of these without notice. Records must be available for inspection, with no privacy for the patients. (This section is fairly extensive, I'm not going to reiterate it all here.)

Other News Stories
Kansas is probably the most well-known for the murder of Dr. George Tiller, one of the last doctors to provide late-term abortions in the U.S. His clinic is set to reopen this spring, after four years. They had to remodel it to meet TRAP laws first. Abortion opponents are trying to stop the remodel.
The ACLU has given up trying to stop the Insurance Ban from going into effect, but it's going to court anyway.

This entry is part of a series on abortion laws across the U.S. Other parts can be found here:
National Report Card
Part 1: Intro and Alabama, Alaska, Arizona, Arkansas
Part 2: California, Colorado, Connecticut, Delaware
Part 3: Florida, Georgia, Hawaii, Idaho
Part 4: this post

Part 5: Kentucky, Louisiana, Maine, Maryland
Part 6: Massachusetts, Michigan, Minnesota, Mississippi

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