Arkansas House Approves Bill That Would Ban Certain Late-Term Abortion Procedures

Main Category: Abortion
Article Date: 13 Apr 2005 - 1:00 PDT

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The Arkansas House on Monday approved 74-10 a bill... (HB 2546) that would ban so-called "partial-birth" abortion in the state, the Arkansas News Bureau reports (Moritz, Arkansas News Bureau, 4/5). The bill, sponsored by state Rep. Bill Pritchard (R), would ban some abortion procedures from being performed during the third trimester of pregnancy. The measure includes an exemption when two physicians, who are not legally or financially related to each other, submit a written referral agreeing that the procedure is necessary to protect a woman's physical or mental health. Under the bill, referring doctors would be required to submit to the state Department of Health the reasoning behind their decision. Physicians who perform an abortion in violation of the law could be charged with a felony and sentenced to up to six years in prison and pay a fine of up to $10,000, according to the measure. The measure says that women who undergo the procedure in violation of the ban would not be prosecuted (Kaiser Daily Reproductive Health Report, 4/4). The bill now goes to the state Senate (Bleed/Wickline, Arkansas Democrat-Gazette, 4/5).

Planned Revisions
Before the state House vote, Pritchard acknowledged concerns about the requirement for a second physician's opinion in an emergency and said he would address the issue if the bill advances to the full state Senate, the Arkansas News Bureau reports (Arkansas News Bureau, 4/5). When the state House Public Health, Labor and Welfare Committee approved the measure on Thursday, committee members said their approval was contingent on Pritchard removing certain language from the bill if it reaches the full state Senate. Pritchard has agreed to remove the provision prohibiting a doctor from performing the procedure in question without a written referral from a second, unrelated physician. Pritchard also has agreed to reconsider language in the bill that would require abortion providers to submit information to the state health department.

Previous Law
The measure is an attempt to replace a state law ruled unconstitutional in 1999. In September 1999, the 8th Circuit Court of Appeals in St. Louis upheld a district court decision deeming the Arkansas law banning partial-birth abortion in the state placed an undue burden on a woman seeking an abortion. The circuit court ruled simultaneously but separately to strike down similar bans in Nebraska, Arkansas and Iowa. The Supreme Court in 2000 upheld the lower court ruling, saying that the Nebraska law was unconstitutional because it did not provide an exception for the health of a woman (Kaiser Daily Reproductive Health Report, 4/4).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Health Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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