all of them, those existing, and those proposed by states in the future.I would like to know which State/ Religious and parental laws would be overturned by FOCA?
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Hi Annie. I would like more specific laws if possible. I know all would be overturned, but I don’t think people even know the ones that are on the books now. Thanks.all of them, those existing, and those proposed by states in the future.
source: Gutmacher Institute34 states require some parental involvement in a minor’s decision to have an abortion.
������ 22 states require parental consent only; 2 of which require both parents to consent.
������ 10 states require parental notification only; 1 of which requires that both parents be notified.
������ 2 states require both parental consent and notification.
Source Guttmacher Institute33 states require that women receive counseling before an abortion is performed: 23 of these states detail the information a woman must be given; 10 states have abortion-specific requirements generally following the established principles of informed consent.
������ 24 of these states also require women to wait a specified amount of time—most often 24 hours—between the counseling and the abortion procedure.
������ 7 states require that all counseling be provided in person and that the counseling take place before the waiting period begins, thereby necessitating two separate trips to the facility.
������ 23 states direct the state health agency to develop written materials: 7 require that the materials be given to a woman seeking an abortion, 16 require that the materials be offered to her.
������ 8 states require that the woman be informed that she cannot be coerced into obtaining an abortion.
������ Nearly all the states that require counseling require information about the abortion procedure and fetal development.
������ 32 states require that the woman be given information about the specific procedure, while 18 require information about all common abortion procedures.
������ 30 states require that the woman be told the gestational age of the fetus.
������ 22 states include information on fetal development throughout pregnancy.
������ 8 states include information on the ability of a fetus to feel pain.
������ 6 states provide information on accessing ultrasound services. (See also Requirements for Ultrasound.)
������ 21 states include information about the risks of abortion.
������ 17 states include accurate information on the potential effect of abortion on future fertility; in 2 states, the written materials inaccurately portray this risk.
������ 6 of the 7 states that include information on breast cancer inaccurately assert a link between abortion and an increased risk of breast cancer.
������ 7 of the 19 states that include information on possible psychological responses to abortion describe only negative emotional responses.
������ 27 states include information on the health risks of continuing pregnancy.
46 states allow some health care providers to refuse to provide abortion services.
������ All of these states permit individual health care providers to refuse to provide abortion services.
������ 43 states allow health care institutions to refuse to provide abortion services, 15 limit the exemption to private health care institutions and 1 state allows only religious health care entities to refuse to provide such care.
I don’t see how anyone could force the individual physicians to provide abortions. I know of numerous former OB/GYNs who gave up the OB part of their practice entirely over the cost and no government agency can force them deliver a baby. I’m not aware of any surgical procedure that can be forced on the surgeon by law either. I know that there are efforts to force institutions to provide certain services, but if they had no willing doctors with credentials at their facility what would happen?Laws that allow a health care provider to refuse to perform/provide an abortion would be overturned:
A court case could decide it. Or an appeal.I don’t see how anyone could force the individual physicians to provide abortions.
I’m an attorney and I’m still not seeing it. You provided no basis upon which any court could force an individual physician to perform a certain procedure or surgery.A court case could decide it. Or an appeal.
There are people out there just waiting for the chance.
We need to pray.
Of course they cannot “force” a doctor to perform an abortion. However they can jail him, levy large punitive fines, fire him from his job, and revoke his license.I’m an attorney and I’m still not seeing it. You provided no basis upon which any court could force an individual physician to perform a certain procedure or surgery.
Well, since only 46 states protect the health care providers choice, it would appear that in at least 4 states they do just that currently.I don’t see how anyone could force the individual physicians to provide abortions. I know of numerous former OB/GYNs who gave up the OB part of their practice entirely over the cost and no government agency can force them deliver a baby. I’m not aware of any surgical procedure that can be forced on the surgeon by law either. I know that there are efforts to force institutions to provide certain services, but if they had no willing doctors with credentials at their facility what would happen?
But there are states with pending legislation that requires that every doctor either perform abortions or refer patients to someone who will. I believe that Australia recently passed this type of law and is even trying to include Catholic hospitals.Even if a court concedes that a person has a “right” to have a certain procedure, it does not mean that they can automatically show up at some doctor’s office and force that doctor to perform the procedure. For instance, even where abortion is legal right now a person cannot go to an OB/GYN or any other type of MD and demand that they perform it if that doctor does not perform abortions as part of his/her practice. It does not matter if they learned how in med school at some point. I don’t know of any way that the government or anyone else can force them into that activity.
Have your heard of the Freedom of Choice Act, the abortion free for all act B.O. has promised PLANNED PARENTHOOD he will legislate? Wake up Catholics.I don’t see how anyone could force the individual physicians to provide abortions. I know of numerous former OB/GYNs who gave up the OB part of their practice entirely over the cost and no government agency can force them deliver a baby. I’m not aware of any surgical procedure that can be forced on the surgeon by law either. I know that there are efforts to force institutions to provide certain services, but if they had no willing doctors with credentials at their facility what would happen?
I don’t see how anyone could force the individual physicians to provide abortions. I know of numerous former OB/GYNs who gave up the OB part of their practice entirely over the cost and no government agency can force them deliver a baby. I’m not aware of any surgical procedure that can be forced on the surgeon by law either. I know that there are efforts to force institutions to provide certain services, but if they had no willing doctors with credentials at their facility what would happen?
There was a news article recently saying there was a Catholic hospital in Australia which closed its doors because it refused to provide abortions. Would have to yahoo I guess to find which one as I can’t recall.But there are states with pending legislation that requires that every doctor either perform abortions or refer patients to someone who will. I believe that Australia recently passed this type of law and is even trying to include Catholic hospitals.
The Guttenberg Institute’s legal section, where I got these statistics, seems to define health care provider, more as a facility than a physician. It is possible to legally require a facility that offers women’s health care to have at least one abortionist on staff or available. Scary, but legally plausible.
Haven’t you heard? B.O. is for CHANGE!!!I’m an attorney and I’m still not seeing it. You provided no basis upon which any court could force an individual physician to perform a certain procedure or surgery.
Any idiot can file suit to assert that they have a “right” to something but they must have something in the state or federal constitution or statutes upon which to base their “right.” I had a friend who used to defend a state governent against ridiculous suits filed by prisoners at the state pen who had easy access to a law library and nothing but time on their hands. They sued over stupid things like cheap peanut butter in their meals, but they had no genuine legal basis to force a change. They filed and she got them dismissed, but of course they continued to do it because the law allows people to file weak cases.
Even if a court concedes that a person has a “right” to have a certain procedure, it does not mean that they can automatically show up at some doctor’s office and force that doctor to perform the procedure. For instance, even where abortion is legal right now a person cannot go to an OB/GYN or any other type of MD and demand that they perform it if that doctor does not perform abortions as part of his/her practice. It does not matter if they learned how in med school at some point. I don’t know of any way that the government or anyone else can force them into that activity.
Even if a stranger is going to die right in front of a doctor (or any other trained person), no law requires them to act to save the person. It is harsh, but true. They can walk away just like any other person. Therefore, I don’t believe a doctor can be forced to perform an abortion against their will. Even if they were dragged to court over a refusal, I believe that asserting it is outside of their area of competence would take care of the matter.