NEWS

Bill proposes ‘informed consent’ for abortions

Dave Boucher
dboucher@tennessean.com

Doctors would need to provide women more information about pregnancies and abortions before performing an abortion if a bill filed Wednesday in the Tennessee General Assembly becomes law.

The “informed consent” proposal comes from state Sen. Mae Beavers, R-Mt. Juliet, and would restore a law that was in effect in Tennessee before a 2000 state Supreme Court ruling that drastically changed abortion laws in the state.

The ruling made a change to the state constitution necessary. That change became a reality in November, when Tennessee voters adopted Amendment 1, which changed the constitution to allow lawmakers to enact more restrictions on abortions.

The proposal is the same law that was in effect before the ruling, according to Beavers’ bill. It would require a woman to sign a form that confirms the doctor told her information related to the abortion and her pregnancy before carrying out the abortion. That information includes:

•A confirmation that the woman is intend pregnant.

•How far along the woman is in her pregnancy.

•If she is more than 24 weeks (six months) pregnant, that her child may be “capable of surviving outside of the womb.”

•A “considerable number” of abortions constitute “major surgical procedures.”

•There are services that can assist her with the child if she chooses to forgo the abortion, and the doctor must provide information on agencies or programs that will help her if she wants to give birth.

•The risks and benefits associated with any pregnancy and abortion.

Messages left with Beavers were not immediately returned.

According to the Guttmacher Institute, a national policy organization that tracks abortion data, 35 states require some form of informed consent before doctors can perform an abortion.

Beavers’ proposal is one of three ideas several legislative leaders see as restrictions likely to gain support in the General Assembly. House Speaker Beth Harwell, R-Nashville, and Lt. Gov. Ron Ramsey, R-Blountville, have said they believe the informed consent law, a requirement for a waiting period before carrying out an abortion and new inspection requirements at abortion facilities will gain traction.

Gov. Bill Haslam has also noted several abortion restrictions are likely to become law. The Knoxville Republican has warned against wasting “a lot of time on things courts in other places have said you can’t do.”

A different proposed bill would require ultrasounds be performed before an abortion. Proposed by Rep. Rick Womick, R-Rockvale, it would also require the doctor to offer the woman a chance to see the image; the doctor would be required to describe the image to the woman and provide audio of any heartbeat if she declines.

Womick argues ultrasounds are already performed at all Planned Parenthood clinics, and the proposal is about safety. Critics argue it’s an attempt into shaming women into not going through with an abortion.

The proposal is very similar to a North Carolina law a federal appeals court ruled unconstitutional. A different federal appeals court ruled a similar law in Texas was constitutional though, potentially creating a question for the U.S. Supreme Court.

The Tennessee General Assembly convenes Tuesday, but a special session for the governor’s answer to Medicaid expansion is expected to be the initial focus.

Reach Dave Boucher at 615-259-8892 and on Twitter @Dave_Boucher1.