Confusion about Medical Emergencies
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Did Iowa Republicans make it harder for doctors to save mothers by aborting their babies during a "medical emergency"?
That accusation is "going around", I learned Monday, October 28, while doorknocking for State Representative Eddie Andrews.
I asked Eddie about it later. He said Republicans have done the opposite: after consulting doctors for the law language most favorable to their freedom from liability, they made it so doctors are free from legal scrutiny by simply stating that in their reasonable judgment there is a "medical emergency". Republicans regard that as an easily abused loophole, but they are willing to suffer it for the benefit of doctors. Also considered undoubtedly was removing any ammo for a courtroom attack on its "constitutionality".
My wife heard the same point made on WHO radio the same day, although she doesn't remember who made it.
I checked the bill and the law. Sometimes one may understand how two opposite reports flew out from the same source, by actually reading the original source.
HF 732 is this year's bill. It certainly seems to erase all liability from any doctor claiming that in his "reasonable judgment" there is a "medical emergency". However, if you think risk of "psychological harm" is good reason to kill a baby, you will think the law severe. A doctor could still escape liability by alleging a risk of physical injury, but he would have to lie.
THE DETAILS:
146A.1 Prerequisites for abortion — licensee discipline
6. As used in this section:
a. “Medical emergency” means a situation in which an abortion is performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, but not including psychological conditions, emotional conditions, familial conditions, or the woman’s age; or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.
b. “Unborn child” means an individual organism of the species homo sapiens from fertilization to live birth.
146E.1 Definitions
....4. “Medical emergency” means the same as defined in section 146A.1
....6. “Reasonable medical judgment” means a medical judgment made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
146E.2 Abortion — fetal heartbeat — exceptions....
....2. a. A physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless, in the physician’s reasonable medical judgment, a medical emergency or fetal heartbeat exception exists.
b. Notwithstanding paragraph “a”, if a physician determines that the probable postfertilization age, as defined in section 146B.1, of the unborn child is twenty or more weeks, the physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless in the physician’s reasonable medical judgment the pregnant woman has a condition which the physician deems a medical emergency, as defined in section 146B.1, or the abortion is necessary to preserve the life of an unborn child.