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Kentucky General Assembly: Bills require in-person counseling for abortion

Women would have to be told about risks and alternatives

By Tom Loftus The Courier-Journal (Louisville, Kentucky), March 1, 2006

FRANKFORT, Ky. -- Women seeking abortions would have to be told in person of medical risks and alternatives at least 24 hours before the procedure, under two bills that advanced in the Senate and House yesterday.

Women now normally receive that information from a recorded telephone message.

But Senate Bill 125, which passed the Senate 34-3 and now goes to the House, would require the information to be delivered "orally" and "in person" by a doctor or a doctor's designee.

Earlier, the House State Government Committee unanimously approved its own version of the measure -- House Bill 585 -- sending it to the full House.

Democrats and Republicans in both chambers supported the bills.

Advocates of the bills said yesterday that the measures are intended to ensure that women are informed of the consequences of an abortion, not to obstruct their court-recognized right to seek one.

"It's a good day for us," said Michael Janocik, assistant director of Kentucky Right to Life. "Both sides want it, so we absolutely expect it will become law."

Amanda Kreps-Long, director of the Reproductive Freedom Project of the American Civil Liberties Union of Kentucky, said the bills would unfairly burden women by requiring them to travel twice to one of two places in the state where abortions are performed, Louisville and Lexington.

"We're disappointed. … This essentially bans abortion for a whole segment of society," she said.

Senate bill amendment fails

The sponsor of SB 125, Sen. Katie Stine, R-Fort Thomas, said the bill is designed to clarify the intent of the 1998 law she sponsored that requires such information be given to women at least 24 hours before an abortion.

"The goal of this legislation is that women are given all the facts. Now, my own belief is -- and I can't be certain of this -- that once women are given all the facts many of them may decide to have the child instead," Stine said.

Sen. Ernesto Scorsone, D-Lexington, offered an amendment to the bill that would have allowed the information to be given in a live conversation via telephone or teleconference.

"The bill is about creating a hurdle for women that are considering these very important choices. It is about punishing Kentucky women who are considering these medical procedures," Scorsone said.

Scorsone's amendment failed, with 28 votes against it and 9 for it.

Stine's original bill passed with "no" votes coming from Scorsone, Sen. Denise Harper Angel, D-Louisville, and Sen. Tim Shaughnessy, D-Louisville. Sen. Brett Guthrie, R-Bowling Green, was absent because of a family illness.

Other states

In Indiana, women must be informed in person by a health-care worker 18 hours in advance about abortion risks, adoption, and financial assistance for prenatal care and delivery, according to the NARAL Pro-Choice America Web site, a national abortion-rights organization.

Ohio imposes a 24-hour waiting period after women receive similar information in person, NARAL said.

In Tennessee, a court struck down an informed-consent law requiring women to wait three days, the Web site said.

Legislation is pending in Illinois that would require women to wait 24 hours after being provided information about abortion, the Web site said.

Questions about procedure

Rep. Tanya Pullin, D-South Shore, who sponsored the House bill, said, "I think it's important for anyone, particularly young women, to get full information, particularly to be able to ask questions about such an important decision."

Rep. Kathy Stein, D-Lexington, said she and other opponents of the House bill believe the leadership maneuvered the bill toward passage.

She said the bill initially was assigned to the Heath and Welfare Committee, where it may have been defeated, but leadership reassigned it to the State Government Committee, where it was sure to pass.

"It's clear manipulation by those who determine where a bill goes," Stein said. "And they did it just because they want to be able to go home and campaign that they voted to restrict abortions."

But House Speaker Jody Richards, a Bowling Green Democrat and co-sponsor of the House bill, said that's not so.

"Both committee chairs asked for that bill to be moved," Richards said.

Rep. Tom Burch, a Louisville Democrat who heads the House Health and Welfare Committee, said later of Richards' comment that he asked the bill be moved said, "That's a matter of opinion."

Burch declined to elaborate.



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