abortion

Jacob Ryan

A judge has dismissed Gov. Matt Bevin’s lawsuit that accused a Louisville Planned Parenthood facility of performing abortions without a license.

Jefferson Circuit Court Judge Mitch Perry ruled that the clinic had received approval from Kentucky’s Cabinet for Health and Family Services days before Bevin took office.

“Based simply on a change in Cabinet personnel, it defies reason that an abortion facility which opened based on the approval of the Cabinet’s [Office of the Inspector General] may be then said to have willfully violated the law by that same Cabinet,” Perry wrote.

In its lawsuit, the Bevin administration alleged that Planned Parenthood’s required documentation of an emergency hospital and ambulance service were “a complete sham.”

Bevin’s office also alleged that Maryellen Mynear, the former inspector general of the Cabinet for Health and Family Services, “ignored or overlooked” the allegedly deficient abortion license application.

The state said the previous administration erroneously told Planned Parenthood that abortion clinics could begin operations without a license.

Federal Judge Blocks Indiana Abortion Law

Jun 30, 2016
Wikipedia

A federal judge has blocked a new Indiana law that bans abortions sought because of a fetus’s genetic abnormalities.

U.S. District Court Judge Tanya Walton Pratt released a ruling Thursday that grants the preliminary injunction sought by Planned Parenthood of Indiana and Kentucky. The law was to set to take effect Friday.

Pratt said the state doesn’t have the authority to limit a woman’s reasons for ending a pregnancy. She said the Indiana law would go against U.S. Supreme Court rulings that states may not prohibit a woman from seeking an abortion before fetal viability.

Indiana and North Dakota are the only states with laws banning abortions that are sought due to fetal genetic abnormalities, such as Down syndrome, or because of the race, sex or ancestry of a fetus. The Indiana law also requires that aborted fetuses be buried or cremated.

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Kentucky’s restrictions on women seeking abortions and providers could be challenged now that the U.S. Supreme Court struck down a Texas abortion law for putting an “undue burden” on a woman’s right to the procedure.

State law requires women to have “informed consent” meetings with a doctor 24 hours before the procedure and also requires abortion clinics to have a “transfer agreement” with an ambulance service to take patients to a hospital in case of a medical emergency.

Elizabeth Nash, an associate with the abortion rights group Guttmacher Institute, said the ruling opens the door for people to challenge abortion laws if they limit access.

“When there is evidence that shows the harms to women in accessing services, either because the restriction makes it more difficult to access abortion or because the clinic shuts down, then those burdens can be weighed against any sort of potential benefit the law may have,” she said.

The state legislature recently passed a law that revamped Kentucky’s “informed consent” policy — women are now required to have an in-person or video conference meeting with a doctor 24 hours prior to the procedure. Previously abortion-seekers could have the meeting over the phone.

Flickr/Creative Commons/J. Stephen Conn

Abortion rights advocates say Indiana Gov. Mike Pence should veto a bill that would ban abortions sought because the fetus has a genetic abnormality such as Down syndrome.

About 30 activists spoke out against the measure Monday at the Statehouse and delivered a petition with about 2,700 signatures asking Pence to reject the bill.

After the measure was passed last week, a national group representing gynecologists wrote a letter to Pence also urging a veto.

The governor could allow the law to go into effect by simply not acting on it within seven days after the bill is filed to his office. As of Monday morning, the bill had not yet reached Pence's desk.

Jacob Ryan, WFPL

Gov. Matt Bevin’s administration has filed a lawsuit against a second Kentucky abortion provider, alleging the facility provided abortions without a license.

The lawsuit was filed Wednesday against Eubanks & Marshall of Lexington, PSC, which does business as EMW Women’s Clinic. It alleges the clinic wasn’t properly licensed, and didn’t have proper transfer agreements in place with a hospital and ambulance service. The Cabinet for Health and Family Services filed the lawsuit.

“Last month it was brought to our attention that EMW in Lexington is operating without a license,” said CHFS Secretary Vickie Yates Glisson in a press release. “Our inspectors visited the location and confirmed that EMW is unlicensed and does not have the required ambulance transfer agreement in place to protect women in the case of emergency. Furthermore, the inspector found the facility in an unsanitary condition. Regrettably, the location had not been inspected since 2006. There are laws in place to protect our citizens, and we will ensure the laws are upheld.”

LRC Public Information

New Kentucky abortion clinics would have to meet more strict medical standards before they could open under a bill that has cleared a state Senate committee.

The bill would require abortion clinics to get a certificate of need from state regulators and meet standards of an ambulatory surgery center. The bill would apply to abortion clinics licensed after July 1. The state legislature exempted abortion clinics from the requirements in 1998.

Derek Selznick with the ACLU of Kentucky said the bill is designed to shutter the state's few freestanding abortion clinics. Republican Gov. Matt Bevin's administration supports the bill, saying the state needs power to regulate the clinics to keep the procedures safe.

The U.S. Supreme Court is reviewing a similar law in Texas.

LRC Public Information

Democratic State Rep. Mary Lou Marzian of Louisville has proposed a bill that would require men to have two in-person visits with a doctor before receiving a prescription for erectile dysfunction drugs like Viagra.

Men would also be required to swear that they will only use the pills to have sex with their spouse, who must also provide written consent.

Marzian acknowledges that the bill is a tongue-in-cheek response to anti-abortion legislation put forward by conservative lawmakers, but she’s drawn national attention for the move.

Our Capitol reporter Ryland Barton sat down with Marzian for this interview.

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Men would need to clear new hurdles to get prescriptions for erectile dysfunction under a bill filed Thursday in the state House.

State Rep. Mary Lou Marzian, a Louisville Democrat, said the bill seeks to balance the recent legislative scrutiny of women’s reproductive health with a dose of attention to men.

“The current legislature does not mind inserting itself into personal, private decisions of the 2 million women of the commonwealth that may need reproductive health services,” Marzian said.

“So if we’re going to start inserting ourselves into reproductive issues and health issues, then I think we should also insert them into men’s reproductive health issues.”

The bill would require men to have two meetings with a doctor before receiving a prescription for products like Viagra.

Men would also be required to make a sworn statement — hand on Bible — that the prescription would only be used during sexual relations with their current spouse.

Spouses would have to provide a signed and dated letter providing consent.

When asked how her colleagues received the bill, Marzian said “all of them claimed they don’t know anything about erectile dysfunction.”

LRC Public Information

The state Senate has approved a bill requiring women who seek an abortion in Kentucky to view or hear a description of a sonogram image of their own fetus.

The legislation is one in a handful of anti-abortion measures being pushed through the General Assembly this year.

State Sen. Whitney Westerfield, a Hopkinsville Republican and the bill’s primary sponsor, clashed Thursday morning with opponents of the bill, who say it would violate women’s right to have an abortion.

“If you think this isn’t about making sure that mother has all the information that she needs and that this is no more than a political stunt, well, we’re just going to have to disagree,” Westerfield said

The bill would require a doctor to provide a “simultaneous explanation of what the ultrasound is depicting,” including the location of the fetus in the uterus and a medical description of the body.

The committee approved the bill 11-1. State Sen. Perry Clark, a Louisville Democrat, was the lone no vote.

LRC Public Information

The state Senate on Tuesday approved striking from the budget a portion of the state’s contribution to Planned Parenthood, with the bill’s supporters pointing to the Louisville branch’s recent efforts to begin providing abortions.

The bill is largely symbolic. The state gets about $5.6 million in federal Title X funds, which are supposed to go to family planning and reproductive health programs. About $331,000 of that went to Planned Parenthood of Indiana and Kentucky. But in December, the Louisville Planned Parenthood branch opted out of Title X funding.

State Sen. Max Wise, a Republican from Campbellsville, said he introduced the bill in reaction to undercover videos allegedly showing Planned Parenthood officials negotiating the sale of fetal organs.

“Until more significant changes can be made at the federal level, we must do what we can to keep public funds from groups like Planned Parenthood, which callously profit from death,” Wise said.

Planned Parenthood of Indiana and Kentucky’s leader is hopeful the organization can soon resume providing abortions at its downtown Louisville clinic.

The Planned Parenthood chapter began providing abortions at the recently opened Louisville facility on Jan. 21, but Gov. Matt Bevin’s administration ordered it to cease providing abortion services on Friday. The administration said Planned Parenthood’s application for a license to perform abortions was deficient. The license was never formally issued.

What’s not immediately clear is what may happen if Planned Parenthood resolves the issues in the application indicated by the Bevin administration.

Betty Cockrum, president of Planned Parenthood of Indiana and Kentucky, said the Planned Parenthood chapter will work to address the issues that Bevin administration has cited.

LRC Public Information

The “informed consent” abortion bill is heading to Republican Gov. Matt Bevin’s desk, and he’s expected to sign it.

The state Senate concurred on Monday with the House’s version of the legislation, which would require women seeking an abortion to meet with a doctor 24 hours in advance of the procedure in person or over live video

The bill, which passed the Senate 33-5, would be Bevin’s first signed into law.

Senate Majority Leader Damon Thayer applauded the bill, which he says will make women think more carefully about getting an abortion.

“It is my hope and my fervent prayer that they will think twice about the action that they are about to take,” said Thayer, a Republican.

Kentucky already has an informed consent law on the books, but it allows women to have the meetings over the phone.

Ryland Barton, Kentucky Public Radio

The state inspector general ordered the Planned Parenthood of Indiana and Kentucky to immediately cease providing abortion on Thursday, the same day the organization announced it had begun offering the services.

In a letter sent to LaToya Rose, director of the Planned Parenthood chapter, acting Inspector General Stephane Hold said that the organization’s application for an abortion license had been found “deficient.”

In Kentucky, abortion facilities are required to have an agreement with an acute care hospital and an ambulance service that can provide treatment for abortion patients who have complications during the procedure.

The inspector general said in the letter that Planned Parenthood’s documentation of an emergency hospital and ambulance service were inadequate.

“The absence of adequate written agreements with an acute care hospital and a local ambulance service prevent us from continuing our review of your application at this time,” the letter said.

LRC Public Information

Hours after Planned Parenthood of Indiana and Kentucky announced its Louisville clinic had begun providing abortions, the state House approved a bill requiring women seeking an abortion to meet — in person or via video conference — with a doctor at least 24 hours before the procedure.

The bill, which passed 92-3, is a victory for Republicans who have failed to pass so-called “informed consent” bills through the Democratic-led House for more than a decade.

House Minority Leader Jeff Hoover, a Republican from Jamestown, called it a “historic day.”

“The informed consent law was something that many of us have long fought for, many members of our caucus, and we knew members of our majority caucus would vote for it if we could ever get it there,” Hoover said.

The bill originally required the meetings to take place in person, but the video conference option was added during an unposted committee hearing that took place in an office during the middle of the day’s proceedings.

LRC Public Information

A senate committee on Thursday passed a bill that would allow the state to reduce funding for Planned Parenthood in Kentucky.

State Sen. Max Wise, a Republican from Campbellsville, said until the U.S. has a pro-life president, states have to restrict funds to Planned Parenthood in order to restrict abortions.

“We’ve got a large number of constituents that want to see something done with Planned Parenthood,” Wise said.

Planned Parenthood in Kentucky do not provide abortions, but can refer women to abortion providers.

The bill would restrict Planned Parenthood’s Title X funding, federal grants that go to family planning and reproductive health programs.

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