Legislative Research Term Paper Senate Bill 1375: Expanding Abortion Access in California Cinthia G. Tapia Fresno State University PH 151: Health Law Professor Escamilla 27, November 2023 Senate Bill 1375: Expanding Abortion Access in California 2 Abortion has always been a highly contentious and emotionally charged topic throughout U.S. history, and the year 2022 marked an especially significant moment in the ongoing debate surrounding abortion rights. In the thick of this debate is California, which recently passed Senate Bill 1375, a significant piece of legislation that aims to expand abortion access in the state. This bill recognizes the importance of reproductive rights and seeks to ensure that all women have the ability to make decisions about their own bodies. In this paper, we will analyze the two key aspects that have influenced the landscape of abortion: legal developments surrounding abortion legislation and attitudes towards abortion in society. The impact of these factors lead to the ratification of Senate Bill 1375, and its political and societal significance will also be examined. To better understand Senate Bill 1375, it is prudent to consider the ever-evolving and complex legal framework concerning abortion. In America, abortion was decriminalized by the U.S. Supreme court in the 1973 landmark Roe v. Wade case. This decision meant that abortions were going to be safer and more accessible to women all over the country. However, the debate did not end there, abortion remained a polarizing issue in the U.S as the nation grappled with striking a balance between protecting women's autonomy while also considering the ethical concerns of abortion. 49 years later, Roe v. Wade's ruling was overturned, ending women’s constitutional right to abortion (Center For Reproductive Rights, 2022). Public opinion on abortion is far from monolithic; it varies across political, cultural, and religious spectrums. Societal perceptions regarding reproductive rights have shifted over time and there are endless nuances to the diverse perspectives held by individuals who identify themselves as pro-choice or pro-life. In the progressive state of California, the matter is settled Senate Bill 1375: Expanding Abortion Access in California 3 and the focus is on protecting and expanding access to reproductive healthcare services. So what exactly is Senate Bill 1375? Governor Gavin Newsom signed this bill January 2022 ensuring expanded abortion access to Californians by allowing Nurse Practitioners and Certified Midwives to perform abortions. This bill authorizes advanced healthcare providers to perform aspiration abortion without a physician or surgeon present. By expanding abortion access, Senate Bill 1375 aims to ensure that Californian women have increased bodily agency and can exercise their constitutional right to make their own decisions regarding their pregnancies. Opponents of Senate Bill 1375 often highlight concerns over how this law can lead to unsafe abortions and putting women's lives at risk.Due to the lack of physician oversight,opponents argue that the state is prioritizing abortion access over patient safety.However, according to a 6 year UCSF study found that complications following abortions was less than 2% for both physicians and advanced providers such as:NPs, PAs, Midwives(Weitz et al., 2013).Statistically the results proved that when appropriately trained advanced providers are just as competent as doctors when performing 1st trimester aspiration abortions. So, this bill is safe.What Now? To give the significance of this bill some context, we must consider the reality of restricted healthcare, especially to minority and disadvantaged groups. According to a population estimate by CalMatters, 78% of Californians live within a census tract without an abortion provider(Hwang , 2022). Aside from acknowledging the physician shortage in the United States, increasing providers for abortions is imperative, the racial and class disparities in rural and low income communities must also be examined. Research shows that women of lower socioeconomic status and or a minority race/ethnicity have higher rates of abortion than women of higher socioeconomic status and White women (Dehlendorf, Harris, & Weitz, 2013). This is Senate Bill 1375: Expanding Abortion Access in California 4 due to poverty, lack of healthcare provider availability, restricted access to contraceptives, transportation barriers, and other socioeconomic factors. This puts disadvantaged groups at a higher risk for unintended pregnancies and the disparity for access to preventable healthcare let alone abortion services is evident in society today. As mentioned, legal developments surrounding abortion legislation have been a contentious issue in recent years, with multiple states enacting restrictive abortion laws that have sparked intense debates across the country(The New York Times, 2022). These developments have created an environment of uncertainty and confusion, as the legal landscape surrounding abortion rights continues to change. In 2023, several states implemented severe regulations that placed significant barriers on access to abortion services which include: mandatory waiting periods, ultrasounds, and counseling sessions designed to dissuade individuals from pursuing abortions. The rise of anti-abortion legislation has made California a sanctuary state for women who need these services. While the nation is regressing, California is expanding. The right to abortion is more imperative than ever before, because now the state is expected to receive and provide safe abortion care to those in need of it. In an article analyzing the effects of the Dobbs ruling that overturned Roe v. Wade, the following is the reality of the situation,”Hundreds of pregnant women have come to California seeking help. Since the Dobbs ruling, Planned Parenthood Mar Monte has seen a 300% increase in out-of-state patients at its clinics, with the largest increase in San Jose, Oakland, Sacramento and Fresno”(News, 2023). Senate Bill 1375 will ensure that access can be granted to these individuals. Safe and legal abortions are essential reproductive healthcare services that should be readily available without undue burdensome restrictions, but Senate Bill 1375: Expanding Abortion Access in California 5 alas this is the level of desperation that women must resort to when abortion is out right banned in 14 states, and severely restricted in the majority of the others. The societal and political implications of Senate Bill 1375 cannot be easily overlooked. It has highlighted the importance of protecting women's access to healthcare services without unnecessary barriers or restrictions. But California is just getting started….The California Legislature passed SB 385 on September 8, 2023 which grants Physician Assistants to perform abortions. Currently, democrats are working hard and fast to also pass laws to fund transport services for out of state pregnant women. The urgency is necessary because this is a life and death matter. In a JAMA Psychiatry study published in 2022, data collected from 1974 to 2016, suggests that there is a correlation between unwanted pregnancy and suicide(Zandberg, Waller, Visoki, & Barzilay, 2022). Restriction to abortion access was identified as a macro-level risk which in and of itself is a daunting revelation when one considers the current political climate. Throughout history, the fight for women's reproductive rights has been an arduous ongoing battle.Regarding legal developments surrounding abortion legislation, it is evident that strides have been made to protect a woman's right to choose. The Supreme Court's landmark ruling in Roe v. Wade laid the foundation for the legalization of abortion in the United States, setting a precedent for other countries around the world. However, while there have been advancements in some states, others have regressed by implementing restrictive laws that limit access to safe and legal abortions. This demonstrates that despite progress being made, there is still work to be done to ensure universal access to reproductive healthcare. The social attitudes towards abortion in society will continue to evolve over time. As public education and awareness campaigns continue to provide more accurate information about Senate Bill 1375: Expanding Abortion Access in California 6 reproductive health and family planning options, the societal stigmas that were associated with abortions are slowly diminishing. People are becoming more empathetic towards women facing difficult decisions regarding their pregnancies and recognizing that each individual should have autonomy over their own bodies. This is evident in legislation that is being passed in states like California. In conclusion, while the legal developments surrounding abortion legislation vary and social attitudes towards abortion continue to evolve slowly, it is clear that advocating for women's reproductive rights remains a fight worth fighting for. It is essential to continue promoting an open dialogue while working towards comprehensive and progressive policies that protect every woman's right to make informed choices about their own bodies. Senate Bill 1375 is just the beginning. Senate Bill 1375: Expanding Abortion Access in California 7 References Bill Text - SB-385 Physician Assistant Practice Act: abortion by aspiration: training. (2023, September 9). Retrieved from leginfo.legislature.ca.gov website: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB385 Center For Reproductive Rights. (2022). Roe v. Wade. Retrieved from Center for Reproductive Rights website: https://reproductiverights.org/roe-v-wade/ Dehlendorf, C., Harris, L. H., & Weitz, T. A. (2013). Disparities in Abortion Rates: A Public Health Approach. American Journal of Public Health, 103(10), 1772–1779. https://doi.org/10.2105/ajph.2013.301339 Hwang , K. (2022, June 25). How California created the nation’s easiest abortion access — and why it’s poised to go further. Retrieved November 29, 2023, from www.capradio.org website: https://www.capradio.org/articles/2022/06/24/how-california-created-the-nations-easiestabortion-access-and-why-its-poised-to-go-further/ News, C. S., The Mercury. (2023, June 23). One year post-Roe: California abortion advocates forge ahead to protect access. Retrieved November 29, 2023, from The Brunswick News website: https://thebrunswicknews.com/news/national_news/one-year-post-roe-california-abortion -advocates-forge-ahead-to-protect-access/article_5d1c092d-1040-523d-a4da-bf32989b61 0c.html SB 1375. (2022, April 12). Retrieved November 29, 2023, from Senator Toni G. Atkins website: https://sd39.senate.ca.gov/sb1375#:~:text=NEW%3A%20Governor%20Newsom%20Sig ns%20Senate Senate Bill 1375: Expanding Abortion Access in California The New York Times. (2022, September 29). Tracking the states where abortion is now banned. The New York Times. Retrieved from https://www.nytimes.com/interactive/2022/us/abortion-laws-roe-v-wade.html Weitz, T. A., Taylor, D., Desai, S., Upadhyay, U. D., Waldman, J., Battistelli, M. F., & Drey, E. A. (2013). Safety of Aspiration Abortion Performed by Nurse Practitioners, Certified Nurse Midwives, and Physician Assistants Under a California Legal Waiver. American Journal of Public Health, 103(3), 454–461. https://doi.org/10.2105/ajph.2012.301159 Zandberg, J., Waller, R., Visoki, E., & Barzilay, R. (2022). Association Between State-Level Access to Reproductive Care and Suicide Rates Among Women of Reproductive Age in the United States. JAMA Psychiatry, 80(2). https://doi.org/10.1001/jamapsychiatry.2022.4394 8
