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Judge Stalls Okla. Law Requiring Ultrasounds Before Abortions
Thursday, Nov. 13, 2008
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Judge Stalls Okla. Law Requiring Ultrasounds Before Abortions

By JASON SCHOSSLER, Andrews Publications Correspondent

An Oklahoma judge has temporarily halted a new law requiring women to view an ultrasound of their fetus before having an abortion.

The law, which was set to take effect Nov. 1, requires a woman seeking an abortion to first get an ultrasound and allow her doctor to describe in detail what the ultrasound shows.

The omnibus abortion bill also bars patients from suing doctors who intentionally withhold information about potential developmental defects in the fetus.

The Center for Reproductive Rights filed suit in the Oklahoma County District Court on behalf of Nova Health Systems, a reproductive health clinic in Tulsa.

The public advocacy group says the bill unconstitutionally violates a woman's right to terminate a pregnancy.

Judge Vicki Robertson granted the injunction, which will remain in effect until she can rule on the group's request for a permanent injunction, according to CRR.

"Anti-choice activists will stop at nothing to prevent a woman from getting an abortion, but trying to manipulate a woman's decisions about her own life and health goes beyond the pale," CRR staff attorney Stephanie Toti said in a statement.

Republican state Rep. Pam Peterson, of Tulsa, wrote the bill. She expressed disappointment that it did not take effect.

"The more information women have, the more empowered they are," Peterson said.

The bill, enacted April 17, would allow felony charges to be brought against doctors who prescribe the miscarriage-inducing drug mifepristone, widely known as RU-486.

CRR says the bill unconstitutionally prevents doctors from using their own medical judgment in treating women.

The measure also "dangerously discounts" a woman's ability to make decisions about her health by forcing her to hear information over her objections and allowing a doctor to keep information from her without her input, the suit says.

"Governments should stop playing doctor and leave medical determinations to physicians and health decisions to individuals," Toti said on CRR's Web site.

A hearing on the group's motion for a permanent injunction is scheduled for February.

To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com.



Nova Health Systems et al. v. Henry et al., No. CJ-2008-9119, temporary injunction issued (Okla. Dist. Ct., Okla. County Nov. 1, 2008).
Health Law Litigation Reporter
Volume 16, Issue 07
11/13/2008

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