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“Bad Medicine” Laws Are Harming Women in a Majority of States

| Feb 24, 2016

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Imagine for a moment that you are a woman in Louisiana who has decided to have an abortion. Here’s what you will experience as you set out to get safe, legal health care.  

First, you must undergo an ultrasound at least 24 hours before receiving abortion care – whether or not your doctor thinks it is necessary and whether or not you want one. Your doctor will have to display the ultrasound image and describe it to you in detail, as well as make the fetal heartbeat audible – even if you have made it clear that you do not wish him or her to do so.

Likely at the same visit, your doctor will have to provide you with state-mandated misinformation that abortion may lead to negative emotional outcomes, such as suicidal thoughts, depression or emotional distress – even though these claims have been debunked by the American Psychological Association. Doctors are forced by the state to do so even though they know this is untrue.

Even though you’ve made up your mind about abortion care, these requirements force you to make a medically unnecessary visit to your doctor and then wait 24 hours before obtaining care. You will have to make arrangements to take off time from work or school, arrange child care if you already have children (which the majority of women seeking abortion care do), and travel to the clinic twice to meet this requirement.

It’s also likely you will have to travel much farther than you would have to for other common medical procedures. At least 92 percent of Louisiana counties have no abortion clinic. The lack of abortion providers is in part due to targeted regulation of abortion providers (TRAP laws), which lawmakers have put in place in Louisiana and 27 other states. These laws force clinics and health care providers to meet onerous requirements that have nothing to do with protecting women’s health; they only serve to force qualified providers out of practice and close trusted clinics.

In Louisiana, clinics have to meet specifications comparable to those of “mini-hospitals,” or ambulatory surgical centers. A law that would require doctors to have medically unnecessary admitting privileges at a local hospital is currently enjoined in litigation; if upheld, Louisiana would be left with a single abortion provider. And although telemedicine could bring medication abortion services to areas where abortion care is otherwise unavailable, Louisiana has banned this safe and effective way of delivering care.

Reading that and trying to keep all those requirements straight probably makes you outraged and offended. Unfortunately, this is the reality women face in many states in this country – 43 years after Roe v. Wade guaranteed the right to choose abortion.

In a report released today, “Bad Medicine: How a Political Agenda is Undermining Women’s Health Care,” the National Partnership describes how women – and dedicated abortion providers – in states across the country face one or more of these outrageous abortion restrictions. The map below shows the 37 states where these laws have passed.

Bad Medicine Laws Across the United States, 2015

In these states, what we call “bad medicine” laws force health care providers to disregard their medical judgment, their ethics and their knowledge of their patients’ needs and preferences. These laws undermine safe, high-quality, patient- and family-centered health care.

And lest you think abortion access is safe in your state because it is not shaded red on this map, be aware that bad medicine laws are proliferating. Not only has the number of bad medicine restrictions grown since we published the first edition of this report 18 months ago, but a number of states have expanded existing restrictions to make them more onerous.

As we prepare for the U.S. Supreme Court to hear oral arguments on Texas’ TRAP law next week, we are reminded about the harm that is caused when lawmakers prioritize politics over women’s health. I encourage you to read “Bad Medicine,” to learn about any restrictions in your state, and to take a stand. Urge your state lawmakers to take politics out of the exam room, so all women can access the high-quality, evidence-based health care they deserve.

Read the new report at www.BadMedicine.org.

About the Author

Sarah Lipton-Lubet

Sarah Lipton-Lubet

Sarah Lipton-Lubet is a vice president at the National Partnership for Women & Families where she leads the organization’s policy and advocacy efforts to advance reproductive health and rights. Lipton-Lubet joined the National Partnership in 2014 as the director of reproductive health programs. She has extensive experience in reproductive rights advocacy, having served in key roles at the American Civil Liberties Union, Center for Reproductive Rights and Religious Action Center for Reform Judaism.

Lipton-Lubet is the author of numerous op-eds, blogs, reports, and academic articles on women’s health and rights. Her policy observations and analyses have been heard on NPR and quoted in a number of media outlets including the New York Times, Washington Post and Associated Press.

Lipton-Lubet graduated summa cum laude from Northwestern University with a Bachelor of Arts in American studies. She earned her law degree from Yale Law School, where she was symposium and online editor for the Yale Law Journal, and submissions editor for the Yale Journal of Law and Feminism. After law school, Lipton-Lubet clerked for the Honorable Nancy Gertner of the U.S. District Court for the District of Massachusetts and the Honorable Richard Paez of the U.S. Court of Appeals for the Ninth Circuit. She currently serves on the Yale Law School Association Executive Committee.