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The Life Battle Celebrating and Building on S353

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The Life Battle Celebrating and Building on S353 FNC | spotlight The Life Battle Celebrating and Building on S353 he first thing she said to me was, For years, efforts have been made to stop the ho- ‘I know it’s a girl and I need your locaust of abortion. Yet, these two recent accounts, “ help to get it out of me.…’ With the first regarding a sex-selection abortion and the written by: her arms tightly crossed along second a chemical abortion, show how much work Mary her abdomen, she explained that still remains. her husband and his parents expected a boy, In the waning hours of the 2013 Legislative and that Carpenter’s help could change her Summa, Session, North Carolina lawmakers passed what life. ‘I have a daughter,’ Priya said. ‘I don’t J.D. T 1 constitutes one of the few pieces of meaningful pro- need another one.’” life legislation enacted in this State in the past 100 “I first heard of the mifepristone abortion years.3 Upon signing this bill into law, Governor Pat pill, on September 17, 2003, the worst day of McCrory underscored that, in his mind, the law was my life. A nurse told me my daughter, Holly, about insuring safer conditions for women seeking was in the hospital and in very serious condi- abortion.4 While that is a laudable goal we should tion. I asked, ‘What is wrong?’ She responded, all support, we must also recognize that abortion ‘Mr. Patterson, we’ll explain when you get directly impacts two lives: the life of the mother and here … come as quickly as you can.’ I sped to the life of the unborn child. the hospital … found her in the intensive With that in mind, this article examines Senate care unit barely conscious … and struggling to breathe…. The doctor came in and briskly Bill 353–Health & Safety Law Changes, in order explained, ‘We are doing everything we can to understand exactly what the General Assembly for her but she may not make it. Sometimes accomplished through its passage in 2013 and what this happens as a result of the pill.’ Holly can be done in the future to further advance the Patterson died later that day of septic shock, health and safety of women and unborn children from an incomplete chemical abortion.”2 whose lives depend upon it. 1 Family North Carolina Evaluating Senate Bill 353 dead baby.6 The patient is required to sign a Patient Senate Bill 353 accomplishes several very impor- Agreement whereby the patient agrees to follow tant things: up with the doctor within 14 days to make sure • It expands North Carolina’s health care con- the entire baby was expelled. Under FDA protocol, science protection clause to ensure that not mifeprex should be administered only if the doctor only doctors and nurses, but “any other health has accurately assessed the age of the unborn child, care provider” who objects to abortion on has examined the patient to rule out an ectopic moral, ethical or religious grounds cannot be pregnancy, and has the ability to provide a surgical forced to participate in an abortion; abortion or make arrangements to provide a surgical • It prohibits city and county governments from abortion if complications arise. According to the using taxpayer dollars to fund employee health FDA protocol, the doctor, not the patient, should 7 insurance programs that include abortion administer the second drug, misoprostol. Despite coverage, except in cases of rape or incest or these protocols, the National Abortion Federation when the mother’s life is in danger. A similar (NAF) has recommended allowing women to take provision applies to health insurance plans misoprostol vaginally at home for up to 69 days and offered through a health insurance exchange in stronger doses than that recommended by the 8 under the federal Affordable Care Act, com- FDA. The NAF recommendations are now com- 9 monly referred to as “Obamacare;” monly used in abortion clinics. • It seeks to prohibit sex-selection abortions by Risk of Death. Chemical abortions, even when providing certain civil remedies when the sex the initial dose has been provided by a physician, of the unborn child is a “significant factor” in have proven far more dangerous than surgical abor- the woman seeking to have an abortion; tions. In October 2006, the U.S. House of Repre- • It requires a physician who is performing a sentatives Government Reform Committee issued surgical abortion to be “physically present a report finding that the risk of death by infection during the performance of the entire abortion from chemical abortion is at least 10 times that 10 procedure,” or to be “physically present in the from surgical abortion. Furthermore, the overall same room as the patient” when the first drug death rate for chemical abortions is 14 times greater or chemical is administered to the patient than for surgical abortions. Moreover, a 2011 FDA during a chemical abortion; and report concluded that 16 women have died from • It directs the North Carolina Department chemical abortions, and 2,207 women have incurred of Health and Human Services to amend its complications, including infections, hemorrhaging, 11 12 rules pertaining to abortion clinics to “ensure and ectopic pregnancies. that standards for clinics certified by the De- Tele-med or Webcam Abortions. Further partment address the on-site recovery phase jeopardizing women’s health, in 2008, beginning 13 of patient care at the clinic, protect patient in Iowa, Planned Parenthood abortion doctors privacy, provide quality assurance, and ensure and others began administering chemical abortions that patients with complications receive the via the Internet. Termed “tele-med abortions” (or necessary medical attention, while not unduly webcam abortions), an abortion doctor, potentially restricting access.” hundreds of miles away, conducts a brief online Close examination of the bill shows that legisla- conference with the woman, and then, from a re- tors and the Governor responded to the reveille mote location, presses a button that opens a drawer to protect women’s health, and while they made containing abortion inducing drugs. In violation of positive progress in that direction, more remains to FDA protocol, the physician has neither examined be done. These new laws and regulations need to the woman to determine the age of the unborn be properly implemented and vigorously enforced, child, nor has the doctor ruled out a diagnosis of and must be strengthened in the future in order to an ectopic pregnancy. The woman takes the first continue the efforts that were initiated in SB 353. The Danger of Chemical Abortions In September 2000, the Federal Drug Adminis- The overall death rate tration (FDA) approved the abortion pill RU-486 for chemical abortions (mifeprex) for use in chemical abortions for preg- nancies of 49 days or less.5 Mifeprex has the effect is 14 times greater than of starving the unborn child by halting the growth of the uterine lining. Two days after administering for surgical abortions. mifiprex, under FDA protocol, misoprostol, an ulcer medication, is administered to the woman orally, in order to induce uterine contractions and expel the 2 Family North Carolina pill at that time and the second pill later, orally or • For all chemical abortions: vaginally at home. If problems arise, the doctor who — Require abortion clinics to comply conducted the online interview and administered with FDA protocols, including but the drug may not be available for follow-up or for not limited to prohibiting chemical assistance in the event of an emergency. abortions after 46 days of gestation; Senate Bill 353 on Webcam Abortions. Senate requiring the doctor to administer the Bill 353 requires that a doctor in North Carolina be second drug, misoprostol, in person; present during the entire surgical abortion pro- and requiring the patient to return to cedure or for the initial dosage of medicine for a the facility within 14 days for a follow chemical abortion. While this provision intends to up appointment. (At the time of publi- ban webcam abortions in North Carolina, it may cation, the issue of requiring doctors to not completely accomplish this goal. The reason is follow protocols for chemical abortions that the remedy for a violation of this law is a civil is currently before the United States cause of action, as opposed to a criminal penalty. Supreme Court.)14 Existing law, to which this provision was added, — Create mandatory penalties for enables the woman “upon whom an abortion has non-compliance. been performed and any father of an unborn child — Require mandatory suspension of the that was the subject of an abortion” to “maintain an physician’s license if it is determined action for damages against the person who per- that the doctor did not comply with formed the abortion….” In addition, the law allows FDA protocol. the woman seeking the abortion, her spouse or guardian, her parent (if the woman is a minor), her Sex–Selection Abortions siblings, “a current or former licensed health care In addition to not fully addressing problems re- provider of the woman,” or the Attorney General to lated to webcam abortions, S353 falls short of an all petition the court for injunctive relief. The practical out ban on sex-selection abortions, because it only likelihood of any of these parties bringing an action creates grounds for a civil action, and not a criminal against the doctor seems remote, especially since action, for violations of the law. The bill gives to the anonymity is not legislatively guaranteed in a court woman who obtained an abortion, her spouse or action. In the circumstances where an injunction guardian, her parent (if she was a minor at the time is granted, the physician would be enjoined from of the abortion), or a former licensed health care performing abortions in violation of the statute in provider a right to stop the doctor from performing the future.
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