A pro-life bill that provides guidelines for administering the chemical abortion pill to pregnant women has been introduced in the Montana State legislature.
This is the first time the Abortion-Inducing Drugs Risk Protocol Act, spearheaded by the Susan B Anthony List with other national partners, has been introduced.
The goal—that this this bill will be a catalyst to counter the abortion industry’s #1 priority.
Why it’s Important
The abortion industry has committed exorbitant amounts of resources and political muscle behind making abortion pills more widely available to women by mail or telemedicine. If successful, they would circumvent a diminishing number of abortionists and abortion facilities, and sidestep effective pro-life sidewalk counselors outside their abortion facilities.
Charlotte Lozier Institute reported that the 33 states tracking the number of chemical abortions in 2018 experienced an increase of nine percent from the year before, and estimates chemical abortion made up 41 percent of total abortions that year. This is a substantial increase of 42 percent over a five-year period. Its success is further evidenced by the reality that only 44 percent of Planned Parenthood abortion facilities still perform surgical abortions.
An Issue of Safety
Chemical abortion poses serious medical risks for women, so the new bill requires that the pills be given in person—not mailed—by a qualified abortionist who is credentialed and competent to handle complications or have a written contract with one who is.
A medical examination must be provided that would:
- Rule out an ectopic pregnancy.
- Establish the blood type so RhoGAM could be administered if she is Rh negative.
- Document the gestational age of the baby to limit abortions to no more than 10 weeks, which is an FDA’s guideline.
- Provide a follow up visit to monitor completion of the abortion and the patient’s condition.
- Assess the situation for signs of domestic abuse, human trafficking, or coercion.
Protecting Children
The Act requires that the abortion pills not be distributed in any schools or on school grounds.
Informed Consent
This bill has a comprehensive section ensuring that women are thoroughly aware of the impact this drug will have on them and their babies. The informed consent must be secured 24 hours before the onset of the abortion. A partial list of consent requirements includes:
- Probable gestational age of the baby.
- A detailed description of the chemical abortion protocol.
- A thorough list of potential risks
- Information on the possibility of reversing the chemical abortion if she has a change of heart.
- Alert her to the likelihood that she may see the remains of her child.
- Has been given the opportunity to ask questions.
- Informed of her legal right to sue the abortionist if she feels coerced or misled prior to the abortion and how to access state resources.
Accurate Data Compiled
The bill requires the compilation of relevant data on each chemical abortion. The fear that complications resulting from chemical abortions are not accurately reported is justified. The United Kingdom legalized mail order DIY chemical abortion pills throughout the pandemic. During the first three months only one complication was reported. The prospect of true accuracy withers in comparison to the previous five years when procedures were done in a medical environment and had a complication rate 17 times higher.
Some of the data collected must include:
- Identification of the abortionist
- Where the abortion was completed—at the abortion facility or an alternate location.
- The woman’s county, state and country of residence, age and race.
- Number of previous pregnancies, live births and previous abortions.
- The probable gestational age of the baby.
- The drugs used, date provided and the reason for the abortion if known.
- Any preexisting medical conditions that would complicate the pregnancy.
- Whether the woman returned for a follow up examination to assess her condition.
- A detailed report of any complications.
- The woman’s name or any identifying information must be protected.
Criminal Penalties
Anyone purposely violating a provision of the bill is guilty of a felony. Upon conviction, the guilty party shall be fined up to $50,000, be imprisoned not more than 20 years, or both.
Civil Remedies and Professional Sanctions
Failure to comply with the requirements allows for a civil malpractice action for actual and punitive damages, and suspension or revocation of the abortionist’s license.
In the event of a woman’s death, it provides for a wrongful death lawsuit.
Women are Protected
No criminal or civil penalties may be assessed against the pregnant woman.
The abortion industry’s number one priority is unlimited access to chemical abortion, even though it places women at significant risk for serious complications.
For the sake of women and their unborn children we must pass this protective legislation in every possible state.
For women and their babies,
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