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Abortionists Must Inform
Women in Person, Texas Attorney General Says
Part Three of Three By Liz Townsend Responding to a query by a pro-life state Rep. Frank Corte, Attorney General Greg Abbott determined that Texas law requires abortionists to speak in person to a woman before an abortion, outlining risks and alternatives and then giving her 24 hours to make a final decision. Abbott's September 24 opinion states that abortion clinics that inform women by a prerecorded phone message are violating the law. "We are delighted with the results of that request because that was the legislative intent," Kathi Seay, spokesperson for Corte, told the Dallas Morning News. "The abortion providers, rather than giving informed intent in person, do not allow a girl to have an interaction beforehand." The state's informed consent statute specifies the topics that must be discussed between the abortionist and the woman, including "the particular medical risks associated with the particular abortion procedure to be employed," "the probable gestational age of the unborn child at the time the abortion is to be performed," and "medical assistance benefits ... for prenatal care, childbirth, and neonatal care." This discussion must take place 24 hours before the abortion and be given "orally by telephone or in person." Abortion clinics have interpreted this last requirement as allowing them to record a generic message that women simply listen to before the abortion. According to the News, Kelly Hart, director of public affairs for Planned Parenthood of North Texas, confirmed that Planned Parenthood clinics give the women the state-required information on a prerecorded message. Hart added that abortionists usually also meet with the woman in person before the abortion to answer further questions. However, this face-to-face meeting would likely take place just before the abortion and might not include any discussion about alternatives or fetal development, which was the intent of the law. Attorney General Abbott's opinion examined the statute's language and the intent of the legislature. While the information may be given over the phone, Abbott determined that the legislature's intent was for the woman to be able to ask questions directly of the abortionist and receive answers. "If the statute requires a live, give-and-take encounter between physician and patient when the information is imparted 'in person,' it makes little sense to conclude that the Legislature did not intend to require a similar arrangement when the information is given 'by telephone,'" Abbott wrote. Therefore, according to the opinion, "a court would likely conclude that an abortion facility may not use either a prerecorded telephone message or a one-way conference call to furnish the information required to be provided to the patient." Planned Parenthood's Hart told the News that the abortion provider would examine the opinion and determine if it needs to make changes in procedure. Please send your comments on Today's News & Views and National Right to Life News Today to daveandrusko@gmail.com. If you like, join those who are following me on Twitter at http://twitter.com/daveha |