Draft Regulation That Would Redefine 'Abortion' Could Override Oregon EC Law

Main Category: Abortion
Article Date: 05 Aug 2008 - 5:00 PDT

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Abortion-rights advocates in Oregon recently said that a draft HHS regulation that would redefine abortion will jeopardize a state law requiring hospitals to inform rape survivors about emergency contraception, the AP/Oregonian reports (Silverman, AP/Oregonian, 8/2).

The draft regulation, which is still being reviewed within HHS and has not yet been released for public comment, defines abortion as "any of the various procedures -- including the prescription and administration of any drug or the performance of any procedure or any other action -- that results in the termination of the life of a human being in utero between conception and natural birth, whether before or after implantation."

According to the draft, to receive funding under any program administered by HHS, researchers, clinics, medical schools and hospitals would have to sign "written certifications" that they will not discriminate against people who object to abortion -- using a definition of abortion that could include many forms of hormonal contraception and intrauterine devices. The certification also would be required of state and local governments when allocating grants to hospitals and other institutions that have policies against providing abortions. The rule would affect more than 500,000 hospitals, clinics and medical facilities that receive federal funding (Daily Women's Health Policy Report, 7/30).

If the proposed regulation was finalized, it would supersede Oregon's law. U.S. Sen. Ron Wyden (D-Ore.) has signed on to a letter sent to HHS Secretary Mike Leavitt asking that the proposal be rejected. Meanwhile, Cecile Richards, the national president of Planned Parenthood Federation of America, is speaking with editorial boards across the country to bring attention to the issue.

Patti Kenyon, a sexual assault nurse examiner in the state, said, "I understand that people should have choices about whether they prescribe these medications. But I do think, if you are against it, you are obligated to have someone else offer that information. We are obligated to protect and do our best."

Bill Toffler, a professor at Oregon Health and Science University who specializes in family medicine and does not prescribe birth control because of his beliefs, said that the proposed regulation "doesn't deny anyone anything," adding, "It just says, allow diversity, allow professionals to keep their integrity. You can't allow people to violate their integrity with what they feel are unconscionable acts" (AP/Oregonian, 8/2).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is published by the National Partnership for Women and families.

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