Tuesday, June 28, 2011

Ohio News

The Ohio House is currently in session (which you can watch live here). Within the past hour, they've passed two oenerous pieces of legislation, HB 78 (I believe was 64Y - 33N, but I didn't record it) and HB 79 (62Y - 35N).

HB 78 is an appalling, hideous bit of legislation (underlines & strike-outs theirs, not mine):
(A) "Fertilization" means the fusion of a human spermatozoon with a human ovum.

(B) "Gestational age" or "gestation" means the age of an unborn human child as calculated from the first day of the last menstrual period of a pregnant woman.

[...]

(F) "Medical emergency" means a condition that a pregnant woman's physician determines, in the physician's good faith and in the exercise of reasonable medical judgment, based upon the facts known to the physician at that time, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create.

(G) "Physician" has the same meaning as in section 2305.113 of the Revised Code.

(H) "Pregnant" means the human female reproductive condition, that commences with fertilization, of having a developing fetus.

(I) "Pregnancy" means the condition of being pregnant.

(J) "Premature infant" means a human whose live birth occurs prior to thirty-eight weeks of gestational age.

(J)(K) "Serious risk of the substantial and irreversible impairment of a major bodily function" means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function, including, but not limited to, the following conditions:

(1) Pre-eclampsia;

(2) Inevitable abortion;

(3) Prematurely ruptured membrane;

(4) Diabetes;

(5) Multiple sclerosis.
A medically diagnosed condition that constitutes a "serious risk of the substantial and irreversible impairment of a major bodily function" includes pre-eclampsia, inevitable abortion, and premature rupture of the membranes, may include, but is not limited to, diabetes and multiple sclerosis, and does not include a condition related to the woman's mental health.

(K)(L) "Unborn human child" means an individual organism of the species homo sapiens from fertilization until live birth.

[...]
(B)(1) It is an affirmative defense to a charge under division (A) of this section that the abortion was performed or induced or attempted to be performed or induced by a physician and that the physician determined, in the physician's good faith medical judgment, based on the facts known to the physician at that time, that either of the following applied:

(a) The unborn child was not viable.

(b) The abortion was necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.

(2) No abortion shall be considered necessary under division (B)(1)(b) of this section on the basis of a claim or diagnosis that the pregnant woman will engage in conduct that would result in the pregnant woman's death or a substantial and irreversible impairment of a major bodily function of the pregnant woman or based on any reason related to the woman's mental health.
Read the full text here. There are many hoops a doctor must jump through to even do an abortion to save the life of a women--not to mention a shitload of tracking paperwork to be submitted to the Dept of Health.

You can read the text of HB 79 here, though it simply says: [A]ny qualified health plan as defined in section 1301 of the "Patient Protection and Affordable Care Act," 42 U.S.C. 18021, offered in this state through an exchange created under that act" will not offer abortion coverage for "non-theraputic" abortion.

The House has not yet moved onto the notorious HB 125, the so-called "heartbeat bill". Will keep you updated if/when there is any news on that.

ETA:They did already vote and HB 125 passed 54 - 43. As a reminder: SCOTUS has deemed it is unconstitutional to pass laws preventing abortion before viability.