U.S. judge strikes down major part of Texas abortion law


#1

pbs.org/newshour/rundown/u-s-judge-strikes-major-part-texas-abortion-law/


#2

All I know is that if I needed an operation, I would WANT hospital-level operating standards. I don’t understand how any other level can be accepted, much less exist. :confused:


#3

Attorney General Greg Abbott has appealed the ruling to the Fifth Circuit court of Appeals in New Orleans.

ksat.com/content/pns/ksat/news/2014/08/29/federal-judge-rules-against-restriction-in-texas-abortion-law.html

From the Grand Jury report from the Kermit Gosnell case

The Health Care Facilities Act defines an Ambulatory Surgical Facility as:

A facility or portion thereof not located upon the premises of a hospital which provides specialty or multispecialty outpatient surgical treatment. Ambulatory surgical facility does not include individual or group practice offices of private physicians or dentists, unless such offices have a distinct part used solely for outpatient surgical treatment on a regular and organized basis. For the purposes of this provision, outpatient surgical treatment means surgical treatment to patients who do not require hospitalization, but who require constant medical supervision following the surgical procedure performed.

This is precisely what Gosnell’s clinic was – a facility that provided specialty outpatient surgical treatment. And, by definition, so are all freestanding abortion clinics (those not associated with hospitals). The regulations that DOH wrote pursuant to the Abortion Control Act (18 Pa. C.S. §3201 et seq.) are entitled “Regulations for Ambulatory Gynecological Surgery” (28 Pa. Code 29.1, et seq.). Section 29.33(13)
expressly requires:

Each patient shall be supervised constantly while recovering from surgery or anesthesia, until she is released from recovery by a registered nurse or a licensed practical nurse under the direction of a registered nurse or a physician. The nurse shall evaluate the condition of the patient and enter a report of the evaluation and orders in the medical record of the patient.

The plain language of the Health Care Facilities Act mandates that abortion clinics should be regulated, licensed, and monitored as Ambulatory Surgical Facilities. DOH licenses many types of facilities as ASFs, including endoscopy centers, where colonoscopies are performed; offices where plastic surgery procedures such as liposuction, facelifts, and breast augmentation are performed; and eye surgery centers.

Pages 158 and 159: phila.gov/districtattorney/pdfs/grandjurywomensmedical.pdf

Page 129:

Mrs. Mongar’s slim chances of survival were seriously hampered because it was exceedingly difficult for responders to get her to the waiting ambulance. The emergency exit was locked. Gosnell sent Ashley to the front desk to look for the key, but she could not find it. Ashley told us that a firefighter needed to cut the lock, but “It took him awhile … because the locks is old.” She testified that it took “twenty minutes, probably trying to get the locks unlocked.” Mrs. Gurung and her mother-in-law ran outside, crying. Mr. Ghalley and Mrs. Gurung, frightened, watched the firefighters struggling to get the door open, while Karnamaya Mongar lay motionless. After cutting the locks, responders had to waste precious more minutes trying to maneuver through the narrow cramped hallways that could not accommodate a stretcher.

Page 249:

There is no justification for denying abortion patients the protections available to every other patient of an ambulatory surgical facility, and no reason to exempt abortion clinics from meeting these standards.


#4

I agee completely. How unsafe to have shoddy levels of standards for women having abortions. It makes me shudder.
Mary.


#5

I can’t help but think that if it weren’t abortions being performed at these places, there would be no controversy whatsoever.

“Yes I realise it’s safer to have my appendix out at a place with hospital-level operating standards, but it’s so annoying to have to travel that far. Can’t I just do it here?”

“No, it’s not worth risking your life over. We can’t allow substandard places to exist just because they’re more convenient.”

“I guess you’re right.”

versus

“Yes I realise it’s safer to have my abortion at a place with hospital-level operating standards, but it’s so annoying to have to travel that far. Can’t I just do it here?”

“No, it’s not worth risking your life over. We can’t allow substandard places to exist just because they’re more convenient.”

“YOU CRUEL OPPRESSOR.”

Just doesn’t make sense to me :shrug:


#6

And if all of the clinics met the standards in the law that was struck down, you would be perfectly fine with them?

We often hear about so-called activist judges. But what about the activist politicians that proposed this law in the first place? If the law is indeed unconstitutional, then these politicians were certainly in the wrong.


#7

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