Obstacles to Abortion and Comprehensive Reproductive Health Care Martin Donohoe, MD, FACP Fertility Without contraception, the chance for a successful pregnancy is: 25% within the first month 85% by the end of the first year At least 1/5 pregnancies ends in miscarriage Usually in first trimester Primarily due to sporadic chromosomal abnormalities Contraception in the United States Whether they are married or not, 79% of women are sexually active by their early 20s 75% of Evangelicals 86% of mainline Protestants 89% of Catholics Contraception in the United States 89% of U.S. women have used birth control (89% of Catholic women, 90% of mainline Protestants, and 81% of Evangelicals who are not currently trying to conceive use birth control) 68%, 73%, and 74%, respectively, use hormonal methods, the IUD, or sterilization Abortion in the U.S. 30 million women have had abortions since legalization (1973) 3 million unintended pregnancies per year in the U.S. 1.2 million abortions in 2008 (↓ from 1.6 million in 1990, ↓27% since 1980) Abortion in the U.S. 17 abortions/1,000 fertile women/year Lowest rate since 1973 Decline due to availability of contraception 9/10 abortions are in first 12 weeks 9/10 abortions surgical 236 induced abortions/1,000 live births Over 1/3 decline since early 1980s Abortion in the U.S. 51% of all pregnancies are unintended, including more than 31% within marriage Half of these end in abortion IUD insertion post abortion is the best reversible method of contraception to prevent another unintended pregnancy Abortion in the U.S. Patients: 48% over age 25 14% married (67% never married) 56% have children 43% Protestant, 27% Catholic, 8% other, 22% no religion Catholics, mainline Protestants, and Evangelicals all have similarly high rates of contraceptive use (compared with other religions) Abortion in the U.S. Patients: 59% white African-Americans and Hispanics more likely to have abortions than Caucasians, in part due to: Higher levels of poverty/lower SES Higher rates of unintended pregnancy Greater proportion of conceptions that end in abortion Most Important Reason Given for Terminating an Unwanted Pregnancy Inadequate finances - 21% (40% contributing factor) Not ready for responsibility - 21% Woman’s life would be changed too much 16% Problems with relationship; unmarried - 12% ½ of babies born today are to unwed mothers (1/5 in 1980) Most Important Reason Given for Terminating an Unwanted Pregnancy Too young; not mature enough - 11% Children are grown; woman has all she wants 8% Fetus has possible health problem - 3% Woman has health problem - 3% Pregnancy caused by rape, incest - 1% Other - 4% Average number of reasons given = 3.7 Abortion in the U.S. When abortion was illegal, 1 million were still performed annually By age 45, the average female will have had 1.4 unintended pregnancies By age 45, 35% of US women will have had an induced abortion Abortion in the U.S. 54% of women with unintended pregnancies get pregnant while using birth control Optimum one year contraceptive failure rates: periodic abstinence -21% OCPs – 7% IUD - 1-2% Rape and Pregnancy Noninvasive prenatal genetic testing through amplification of fetal alleles from maternal blood very accurate for identifying father Can be performed at 8-14 weeks gestation vs. amniocentesis and chorionic villus sampling (1015 weeks, risks to mother and fetus) May assist mother’s decision to carry vs. terminate pregnancy IPV more common in women seeking pregnancy termination Abortion in the U.S.: Public Opinion Split 2009: 42% consider themselves more “prochoice,” 51% more “pro-life” (was 44%/50% in 2008) Men 46% “pro-choice,” women 51% “pro-choice” 2010: 45% “pro-choice,” 47% “pro-life” 2010: Abortion should be “generally available” (36%), “available under strict limits” (39%), “not permitted” (2%) Abortion in the U.S.: Public Opinion Split 2011: 41% “pro-choice”; 50% “pro-life” 2011: Abortion should be legal in all cases (25%); illegal in all cases (20%); legal under certain circumstances (52%) Abortion in the U.S.: Politics Republicans less supportive than Democrats 25-30% of members of both parties would not vote for a candidate who did not share their views on abortion Abortion in the U.S.: Public Opinion 25-30% of American women think abortion should be legal and available in all circumstances 17-19% think abortion should be illegal under all circumstances The remainder would restrict abortion to cases of rape, incest, or to save a woman’s life Abortion in the U.S.: Public Opinion Top priorities for the women’s movement Reducing domestic violence and sexual assault 92% Equal pay for equal work 90% Keeping abortion legal 41% 2/3 believe the Supreme Court will not overturn Roe v Wade Center for the Advancement of Women surveys, 2001-2003 Are we taking Roe v Wade for granted? Abortion Worldwide 44 million/year 28/1,000/yr 23 million unsafe (98% of these in developing countries) Percent increase from 1995 (44%) to 2008 (49%) Abortion Worldwide Cost of treating women for complications of botched abortions = $19 million/yr (vs. $4.8 million to provide contraception) Countries with more liberal abortion laws have lower abortion rates Abortion Worldwide 70,000 annual deaths (7/hour) 13% of all maternal deaths (i.e., 13% of 585,000) each year 1/4 - 1/2 of maternal deaths in Latin America 7 million require hospitalization or treatment at health care facility annually 30 infections/injuries for every one abortion death Abortion Worldwide 220,000 children orphaned each year by poorly performed abortions Legal restrictions have no effect on abortion incidence Non-physicians performing abortions Use of mid-level providers can decrease deaths No difference in complication rates CA allows NPs, CNMs, and PAs with special training to perform Maternal Mortality 1/3800 in U.S. 1/39 in sub-Saharan Africa; 1/290 in SE Asia 287,000 maternal deaths worldwide each year (most avoidable) 3X higher in black than white women Death rate decreasing Cause: Lack of access to comprehensive reproductive health care/obstetrical care Common Grounds on Which Abortion is Permitted Worldwide To save woman’s life – 98% To preserve physical health – 63% To preserve mental health – 62% Rape or incest – 43% Fetal impairment – 39% Economic or social reasons – 33% On request – 27% Worldwide, every minute 380 women become pregnant 190 women face unplanned or unwanted pregnancies 110 women experience pregnancy-related complications 40 women have unsafe abortions 1 woman dies Historical and Contemporary Methods of Unsafe Abortion Many used for millennia Examples: Toxic solutions taken orally or intra-vaginally: e.g., turpentine, bleach, mercury, acid, detergents, etc. Uterine stimulant drugs Foreign bodies placed in the cervix/uterus – e.g., sticks, wires, coat hangers, air blown from pump Direct/indirect trauma Teenage Sexual Activity 47%/44% of teenage boys/girls have had sexual intercourse (decreasing) Teen birth rate (2014) = 26/1,000/yr Lowest since mid 1940s Down from high of 96/1,000/yr in 1957) Hispanics and African-Americans = 2X higher than Whites = 2X higher than Asians Teen Pregnancy 80% of teen pregnancies unintended Teen pregnancy has decreased 57% since 1991 But still higher than in many other developed countries Teenage Sexual Activity 50% of pregnant teens were not using any form of contraception 31% of these did not believe they could get pregnant Contraception use among teens increasing 80% condom with first intercourse 16% in combination with hormonal method Teenage Sexual Activity STD rates high, testing/treatment/followup poor, long-term risks include PID, infertility HPV vaccine uptake low No increased sexual activity with HPV Inadequate sex education and limited access to reproductive health care likely increases morbidity, mortality Barriers to Abortion: Misconceptions about Sex and Contraception Common among adolescents and physicians 40% of children age 13-17 who had intercourse did so before any parental discussion of STDs and birth control Duration of oral contraceptive use not a factor Barriers to Abortion: Misconceptions about Sex and Contraception 20% of 18-29 yr olds say they never had school-based sex education 1/3 of U.S. adolescents get no sexual counseling during their annual doctor visits Barriers to Abortion: Misconceptions about Sex and Contraception 63% acknowledge “little to no knowledge” about contraception pills 30% for condoms 28% of men think wearing two condoms at once better (actually promotes condom breakage) - National Campaign to Prevent Teen Pregnancy, 2009 Common misconceptions about OCPs They cause weight gain (reality = 30% gain 12kg from fluid retention) They cause acne and hirsutism (reality = less acne, no hirsutism) They cause breast cancer (reality = minimal, if any, effect) They impair future reproduction (reality = not true) Common misconceptions about OCPs: Lack of awareness of benefits re … Decreased risk of ovarian and endometrial cancer Regulation of cycles, prevention of dysmenorrhea and iron deficiency anemia Decreased prevalence of PID and ensuing salpingitis and infertility Increased bone density Barriers to Abortion: Availability of Contraception Limited access to health care and lack of coverage 2012: Only 28 states require health insurance policies that cover other prescription drugs to include contraceptives Until recently, Oregon Medicaid covered Viagra but not oral contraceptives Barriers to Abortion: Availability of Contraception PPACA (ObamaCare) requires insurers to pay full cost of contraception (including EC) But SCOTUS allows religious exceptions in Hobby Lobby case (2014), citing Religious Freedom Restoration Act of 1993 Barriers to Abortion: Availability of Contraception 2012: 40% of school-based health centers are allow to dispense contraception Requirements for parental consent vary When free contraceptives offered for 3 yrs, abortion rates fell by 70% (and teen pregnancies dropped dramatically) [Obst and Gynecol 10/4/12] Barriers to Abortion: Availability of Contraception Congresspersons trying to get HHS to cover 1 yr prescription without out of pocket costs Dispensing one year supply much more effective at decreasing unwanted pregnancies and abortions than dispensing one or three month supply Worldwide contraceptive use averts almost 230 million births each year Barriers to Abortion: Availability of Contraception OTC status for OCPs would improve access, is considered safe Would not increase sexual risk-taking behavior ACOG and AAP support (regardless of age) IOM considers contraception preventive care CA (2015, no age restrictions) and OR (2016, 18 and over) legalize OTC hormonal contraception Barriers to Abortion: Availability of Contraception 1 year failure rates of contraceptives with typical use (women overestimate effectiveness): Condoms - 20% OCPs – 9% IUD – 0.05% (recommended first line option, ACOG) No increased risk of PID No effect on later fertility Higher up front costs, but greater net savings (lasts 10 yrs) Nearly 100% effective in preventing pregnancy when placed within 5 days of unprotected sex Barriers to Abortion: Availability of Contraception Savings (from averted pregnancy-related costs) for various methods of contraception, per $1 spent (2007 study): Contraceptive implant/IUD: $7.00 Injectable contraceptives: $5.60 Oral contraceptives: $4.07 Contraceptive patch: $2.99 Vaginal ring: $2.55 Barrier methods: $1.34 Barriers to Abortion: Availability of Contraception Sterilization (tubal ligation) effective Most common birth control method in developing world Project Prevention: Pays women $300 to get a tubal ligation or IUD, implant or Depo-Provera shots Pays men for vasectomies 4,097 individuals “treated” by mid 2012; 72 men Controversial Barriers to Abortion: Legal Viability Roe vs. Wade (1973): Abortion legalized up to “point of viability” (currently 24 weeks) After viability, states can ban abortion except when necessary to protect the woman’s life or health Gestational limits (fetus < 500g or < 20 weeks gestational age) Survival very rare before 24 weeks Barriers to Abortion: Cost Cost: approx. $350-$450 (1st trimester); $750-$1800 (2nd trimester) ¾ of patients pay out of pocket only 1/3 of patients have private insurance coverage; only 1/3 of private insurance companies cover (after deductible met) 5 states restrict abortion coverage by private insurance plans (ID, KY, MO, ND, OK) most insured patients reluctant to file due to confidentiality concerns Barriers to Abortion: Coverage Medicaid: Hyde Amendment (1978) prohibits federal Medicaid dollars from being spent on abortion, except to preserve the woman’s life or in cases of rape or incest But, 17 states allocate Medicaid funding to cover most abortions Barriers to Abortion: Coverage Medicaid: Between 18% and 35% of Medicaideligible women who would have had abortions instead continue their pregnancies if public funding is unavailable Barriers to Abortion: Coverage Medicare: Hyde Amendment applied to Medicare in 1998 Bans federal funding for abortions for disabled women except in cases of life endangerment, rape, or incest No state funding of Medicare to make up the gap Barriers to Abortion: Coverage Title X Family Planning Clinics: Cover women from low income households at over 4500 family planning clinics Ethnic minority women disproportionately represented Funding has not kept up with inflation Prohibited from using federal and non-federal funds for all abortions “Gag rule” – 1981 to 1993 Barriers to Abortion: Coverage Indian Health Service: Covers 1.5 million American Indians and Alaska Natives Subject to Hyde Amendment restrictions Barriers to Abortion: Coverage Military Personnel: TRICARE (funded by Defense Dept.) covers 8.3 million uniformed personnel and their families Permanent ban on abortion except where the life of the women is endangered (Senate Armed Services Committee voted to lift ban in mid 2010, bill pending) Barriers to Abortion: Military Hospital Abortions Ban Military women serving abroad, and their dependents, are prohibited from obtaining abortions at military hospitals, even if they pay with personal funds EC not available at all military treatment facilities Alternatives: Travel long distances for abortion – expensive and requires permission from commander to take leave Have abortion locally – unsafe in certain countries (e.g., in Middle East) Barriers to Abortion: Coverage Federal Employees Health Benefits Program (FEHBP) Covers over 8.5 million federal employees, their dependents, and retirees; 45% women Since 1983 (except for 1994), abortion coverage permitted only in cases of life endangerment, rape, or incest Barriers to Abortion: Coverage Peace Corps 7300 volunteers; 61% women Funds cannot be used for abortions, even when the woman’s life is endangered Barriers to Abortion: Coverage Federal Prisons 13,763 women From 1987-present (except for 1994), ban on funding abortions except when woman’s life endangered or the pregnancy the result of rape Obama Health Care Plan Executive Order states that federal funds cannot be used for abortion (except in cases of rape or incest or when the life of the woman is endangered) Prohibits discrimination against health care facilities and providers because of unwillingness to provide or refer for abortions Religious hospitals must provide contraception through third parties Obama Health Care Plan Bans tax credits and federal subsidies for people required to purchase private insurance from being used to pay for abortion (except in cases of rape or incest or when the life of the woman is endangered) Consequences of PPACA Abortion Coverage Restrictions Most policies will require two separate monthly premiums Will discourage plans from offering abortion 23 states have banned abortion coverage from insurance plans sold via health insurance exchanges Will exclude poor Barriers to Abortion: Funding Cuts Under Bush II, U.S. opposed language in the Cairo Action Plan, such as “reproductive health care,” stating that this is a proxy for abortion This halted U.S. participation in global efforts to prevent unintended pregnancies and control the spread of STDs, including HIV Barriers to Abortion: Funding Cuts Domestic family planning budget cuts under Bush II Every $1 invested in family planning averts $4 in Medicaid expenditures Barriers to Abortion: Limits on Availability of Emergency Contraception EC available in 102 countries Available OTC in parts of Canada and in S. Africa, UK, France, other European countries Cost: $25-$50 Less expensive options involving OCPs $1.43 cost savings (from averted pregnancy-related costs) for every $1 spent 2009 Utah study demonstrates association between increasing rates of EC use and decreasing abortion rates Barriers to Abortion: Limits on Availability of Emergency Contraception French study showed that only 15% of EC pill use instances were reported by women using no contraception (in 45% of cases, women had been taking OCPs; in 35% of cases, partner(s) had been wearing condoms) Barriers to Abortion: Previous Limits on Availability of Emergency Contraception 17 states mandate that emergency contraception be available to rape victims 9 states allow pharmacists to directly prescribe emergency contraception Other states considering Barriers to Abortion: Emergency Contraception in Oregon ERs, 2003 61% of Oregon hospitals routinely offer EC to rape patients Catholic hospitals = non-Catholic hospitals 46% of Oregon ERs discourage prescribing EC to non-rape patients Catholic hospitals < non-Catholic hospitals Barriers to Abortion: Emergency Contraception in Oregon ERs, 2003 70% of all pharmacists surveyed reported that their pharmacy stocked emergency contraception. Of those pharmacists who do not stock emergency contraception, 30% will not fill a prescription for the medication due a moral objection. Barriers to Abortion: Limits on Availability of Emergency Contraception National Study, 2005 Surveyed all 597 Catholic hospitals and 615 (17%) of nonCatholic hospitals ½ of staff said they do not dispense EC, even in the case of sexual assault Similar for both types of hospital Other data show only ¼ of Catholic hospitals would provide EC in cases of rape Phone number for alternate facility provided in about 50% of calls Many unreachable, wrong Barriers to Abortion: Limits on Availability of Emergency Contraception Public awareness low: ¾ of reproductive-age women have not heard of EC, only 12-15% of teenage girls have used (2006-10 data)/11% of women aged 15-44 (2011) Advance access to EC does not promote risky sexual behavior Congress has considered bills to prohibit the use of federal funds to prescribe, distribute, or provide emergency contraception to minors in elementary and secondary schools Barriers to Abortion: Limits on Availability of Emergency Contraception “Conscience Clauses” common Laws in Arkansas, Mississippi, Georgia, and South Dakota explicitly protect pharmacists who refuse to dispense EC Other states are considering similar legislation Wal-Mart offered EC as of 3/06, but does not require pharmacists to dispense it (guns, ammo, on the other hand…) Military clinics not required to stock EC Barriers to Abortion: Limits on Availability of Emergency Contraception 2009: FDA allows Plan B OTC for those 17 and older (younger women require a prescription) in response to US District Court ruling Supported by ACOG, AAFP, AAP 2010: FDA approves ulipristal (Ella) effective for EC for up to 5 days post-coitus Up to twice as effective as levonorgestrol More effective in obese women Barriers to Abortion: Limits on Availability of Emergency Contraception 2011: HHS Secretary Sebelius instructs FDA not to approve Plan B for OTC sale 2012: AAP recommends physicians prescribe EC to all females age 16 and over (in advance of need) 2013: FDA approves OTC EC for girls 15 and older 2013: Federal judge orders FDA to make EC available to all adolescent girls and women without a prescription Prophylaxis for Adult Victims of Sexual Assault Prevention of Pregnancy Most effective oral regimen: 1 dose of 30 mg ulipristal or 1.5 mg levonorgestrel within 120 hours of unprotected intercourse (ulipristal twice as effective; 0.9% pregnancy rate vs 1.7%) Prophylaxis for Adult Victims of Sexual Assault Prevention of Pregnancy Alternate regimen: 2 doses of 100 mcg ethinyl estradiol plus 0.5 mg levonorgestrel taken 12 hours apart (plus prn antiemetic) Less effective than ulipristal and levonorgestrel Most effective: copper IUD implanted within 5 days Nearly 100% effective Preferred for obese women Prophylaxis for Adult Victims of Sexual Assault Prevention of Pregnancy Clinical exam/pregnancy testing not required before EC Women with contraindications to conventional oral contraceptives may receive any EC regimen Even within the same menstrual cycle, EC can be used more than once Barriers to Abortion: Mifepristone Bush supported re-evaluation of FDA approval of mifepristone (RU-486, the “abortion pill”) Approved for medical termination of pregnancies 49 days or less from LMP Used in 25% of first trimester abortions Cost approx. $500 Has been used by over 30 million women worldwide Barriers to Abortion: Mifepristone Medicaid funding for mifepristone restricted to cases of rape, incest, or to preserve the pregnant woman’s life Sold only directly to providers Proposed state and federal legislation to curtail availability of mifepristone and limit the number of doctors who can prescribe it Alternative = Methotrexate termination, cost approx. $450 Misoprostol (Cytotec) 95%-99% effective in conjunction with mifepristone; 85% effective alone Safe: Less than 1% suffer serious side effect (bleeding or infection) Buccal administration (vs vaginal administration) with routine provision of antibiotics decreases risks of serious infections dramatically Misoprostol (Cytotec) $2 per pill on black market Use increasingly common among low income immigrants Americans who cannot afford abortion crossing into Mexico to buy cheap misoprostol Self-induced abortion illegal in 39 states Barriers to Abortion: Provider Availability 87% of counties have no abortion provider 35% of women live in these areas 30% of metropolitan areas have no provider AK, ND, SD, and MS have only one surgical abortion clinic each Barriers to Abortion: Provider Availability 1800 facilities provide abortion services (↓ from 2900 in 1982) 57% of providers are aged 50 and older Family physicians facing denial of coverage, huge malpractice premium increases Barriers to Abortion: Provider Availability Medical school training: 17% no formal education Clinical years: 23% no formal education 32% lecture 45% third-year clinical experience (participation low) ½ fourth-year reproductive health elective (participation low) Barriers to Abortion: Provider Availability Provider training 51% of Ob/Gyn residency programs houve routine training; 39% optional training Only ½ of those trained end up performing abortions California law now requires all ob/gyn residency programs to comply with ACGME requirements, including training in abortion (with opt-out provision for conscientious objectors) 40 states bar non-physicians from performing abortions Barriers to Abortion: Harassment of Patients and Providers 55%-86% of providers harassed 80,000 acts of violence and/or disruption at clinics in U.S. and Canada since 1977: Including 8 murders, 17 attempted murders, 41 bombings, 643 bomb threats, 175 arsons, 184 assaults, 100 acid attacks, 661 anthrax threats (487 since 9/11/2001) Barriers to Abortion: Harassment of Patients and Providers Abortioncam.com Army of God Nuremberg Files website (closed) Links with extremist groups/militias Barriers to Abortion: Harassment of Patients and Providers Scheidler v. National Organization for Women U.S. Supreme Court, 2/06) Federal extortion and racketeering laws cannot be used to stop anti-choice extremists from obstructing access to clinics, trespassing on or damaging clinic property, or using violence or threats of violence against clinics, their employees, or their patients 2007: Massachusetts enacts toughest restrictions in US on protestors at abortion clinics Buffer zone = 35 feet Barriers to Abortion: Harassment of Patients and Providers Federal Freedom of Access to Clinic Entrances Law Passed 1994 Somewhat effective Barriers to Abortion: Harassment of Patients and Providers 15 states and D.C. prohibit certain specified actions aimed at patients and providers 11 states and D.C. prohibit blocking entrance and exit from facilities 5 states and D.C. prohibit threatening of intimidating staff 3 states have “bubble zones” to protect patients from protestors Barriers to Abortion: Inflammatory Oratory President Bush, declaring January 20, 2002 (20th anniversary of Roe v. Wade) “National Sanctity of Life Day,” likened abortion to terrorism: “On September 11, we clearly saw that evil exists in this world, and that it does not value life. Now we are engaged in a fight against evil and tyranny to preserve and protect life.” Inflammatory political ads continue around election times Barriers to Abortion: Inflammatory Oratory Ad campaigns supporting proposed Georgia abortion ban claims to protect AfricanAmericans and Asian Americans from “coerced” race- and sex-selection abortions “Black children are an endangered species” because of abortion Barriers to Abortion: Inflammatory Oratory Virginia State Legislator Bob Marshall, speaking in opposition to state funding for Planned Parenthood (stating that according to the Old Testament, being forced to bear a disabled child is punishment for the mother’s having earlier aborted her first-born): “(W)hen you abort the first-born…nature takes its vengeance on the subsequent children.” The organization ought to call itself “Planned Barrenhood.” - Richmond News Leader, 2/22/10 (he later apologized) Barriers to Abortion: Inflammatory Oratory MO Congressman Todd Akin: “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down” (i.e., prevent pregnancy) Presidential candidate Rick Santorum: “Back in my days, they’d use Bayer aspirin for contraceptives. The gals put it between their knees, and it wasn’t that costly.” Radio host Rush Limbaugh called law student and women’s rights activist Sandra Fluke a “slut” Point-Counterpoint Barriers to Abortion Religious “Right’s” unscientific polemics → Barriers to Abortion: Religious Hospitals Religious hospitals 15% of US hospitals ½ of twenty largest health systems in US are Catholic, as measured by patient revenue Barriers to Abortion: Religious Hospitals Religious hospitals Granted special exemptions by federal government to use religious doctrine to guide patient care yet still retain government funding Catholic hospitals prohibit provision of abortion services, as well as contraception, sterilization, and infertility services Barriers to Abortion: Religious Hospitals Catholic hospitals deny approval of uterine evacuation while fetal heart tones present, forcing physicians to delay care or transport miscarrying patients to nonCatholic-owned facilities Some physicians violated protocol to avoid compromising patient safety 2010: Pope Benedict gives tacit approval to condom use for sex with prostitutes to decrease AIDS risk 2012: In several major US cities, carrying 3 or more condoms used as evidence of engaging in prostitution Christian Science Pharmacist Refuses To Fill Any Prescription Barriers to Abortion: Legal Spousal Notification Laws Parental Consent and Notification Laws for Teen Abortions Mandated waiting periods 25 states Most have 24 hour waiting period South Dakota -72h, mandates counseling at CPC Parental Consent and Notification Laws for Teen Abortions 20 states require parental consent 11 states require parental notification 4 states requires both 16 states do not require parental permission Parental Consent and Notification Laws for Teen Abortions All states have a judicial bypass procedure 2006: CA and OR ballot measures to require parental consent failed Parental Consent and Notification Laws for Teen Abortions Notification dangerous if pregnancy resulted from incest or if home situation abusive or otherwise unstable U.S. Supreme Court struck down a Nebraska statute because it did not have an exception to save a pregnant woman’s life or health and returned a similar New Hampshire law to the lower courts Parental Consent and Notification Laws for Teen Abortions National survey of female adolescents Laws would likely increase risky or unsafe sexual behavior and, in turn, the incidence of STDs and adolescent pregnancy - JAMA 2005;293:340-8 Parental Consent and Notification Laws for Teen Abortions Studies show can prevent up to half of teens from utilizing Planned Parenthood services, including contraception Could cause only 1% of teens to stop having sex - JAMA 2002;288:710-4. Potential Annual Costs of Parental Consent and Law Enforcement Reporting Requirements For Texas $43.6 million for girls younger than 18 currently using publicly funded services Based on projected number of additional pregnancies, births, abortions, and untreated STDs and resulting cases of PID -Arch Ped Adol Med 2004;158:1140-6. Texas Parental Notification Law Enactment associated with a decline of 11-20% in abortion rates among minors from ages 15-17 Enactment associated with increased birth rates and rates of abortion during the second trimester among a subgroup of minors who were 17.50-17.75 years old at time of conception NEJM 2006;354:1031-8 Barriers to Abortion: Biased Counseling Laws More than 20 states Often deceptively labeled “Mandated Informed Consent” or “Women’s Right to Know” Laws Scare tactics re safety of abortion Women read a lengthy list of possible but very rare complications from abortion (but not list of benefits of abortion) Many require providers to state, falsely, that abortion can cause breast cancer and “post-abortion syndrome” Barriers to Abortion: Publicly-Funded “Crisis Pregnancy Centers” Over 4500 nationwide, some receive state funding Outnumber abortion clinics (816) Listed in phone book under “pregnancy services” or “abortion services” 48% of college health clinics routinely refer women who might be pregnant to CPCs 81% routinely refer to full-service health clinics Barriers to Abortion: Publicly-Funded “Crisis Pregnancy Centers” Staff try to dissuade clients from having abortions through misinformation exaggeration of risks, myths, and fetal photos/body scans Stop Deceptive Advertising for Women’s Services Act died in House Committee 2011: NYC, Austin (TX), SFO pass “truth in advertising laws” related to CPCs Barriers to Abortion: Scare Tactics, Misinformation, and Pseudoscience Scare tactics re safety of abortion, contraception, and STD prevention: E.g., Cardinal Alfonso Lopez Trujillo (the Vatican’s spokesperson on family affairs): “Relying on condoms is like betting on your own death...They [the WHO] are wrong about that [condoms are a highly efficient means of preventing the spread of HIV]” Barriers to Abortion: Scare Tactics, Misinformation, and Pseudoscience Adults questioned re first trimester abortion (90% of all abortions) – 2013: 45% think it is more dangerous than giving birth (30% less dangerous) 37% think it increases risk of serious mental health problem (32% unsure) 15% think it can increase risk of breast cancer (50% unsure) 27% think future fertility impaired (28% not sure) Facts re Abortion One of the safest and most common medical procedures available Risk of death from legal abortion less than that from a shot of penicillin 40 times safer than a colonoscopy 10-30 times more dangerous to carry a fetus to term than to undergo a legal abortion Risks Associated with Abortion Risk of death: 1/1 million up to 8 weeks 1/29,000 at 16-18 weeks 1/11,000 at 21 or more weeks 1/11,000 for carrying full-term pregnancy Risks Associated with Abortion Complication rates Medical abortion – 2.1% First trimester aspiration abortion – 1.3% Second trimester or later abortion – 1.5% Complication requiring hospitalization – 0.3% Facts re Abortion No long-term emotional or psychological sequelae Women denied abortions often experience resentment and distrust Their children may face social and occupational deficiencies Barriers to Abortion: Scare Tactics, Misinformation, and Pseudoscience No increase subsequent risk of ectopic pregnancy, spontaeous abortion, preterm birth, or low birth weight with less than 3 lifetime medical or surgical abortions Unintended pregnancy associated with reduced prenatal care, lower breast feeding rates, and poor maternal and neonatal outcomes With 3 or more lifetime abortions, higher risk for subsequent prematurity, low birth weight Barriers to Abortion: Scare Tactics, Misinformation, and Pseudoscience No overall effect on the risk of breast cancer NCI removed information re abortion and breast cancer from website; later posted unsupported “data controversial” statement C.f., NIH and CDCP websites removal of information about the effectiveness of condoms and sex education curricula Even so, 5 states require that women seeking an abortion be counseled that doing so will increase their risk of breast cancer Sex Education 77% of Americans have had sexual intercourse by age 20 Average number of sex partners over lifetime: Wealthy country = 10 Poor country = 6 Abstinence-Only Education Only 22 states mandate sex education in public schools Only 13 of these require comprehensive sex ed Federal government spends $180 million/yr onb comprehensive sex ed, $50 million/yr on abstinence-only education Abstinence-Only Education 2% of school districts in 1988; 23% in 1999 2006-8: 53% (teenage boys) and 65% (teenage girls) receiving comprehensive sex ed Over 80% of curricula, used by 2/3 of grantees, contain false, misleading, or distorted information about reproductive health Does not decrease sexual activity, STD rates, teen pregnancies; does not increase use of condoms and contraceptives Abstinence-Only Education c.f. “Virginity Pledges” 88% violated Pledgers have identical STD rates to nonpledgers Pledgers are less likely than other to use condoms and to be tested and diagnosed with STDs - J Adol Hlth 2005;36:271-8 Abstinence-Only Education Attempts to instill guilt, fear and shame into students Places responsibility for refusing sexual advances on women Blurs science and religion Treats stereotypes about boys and girls as scientific fact Stereotypes undermine girls’ achievment, claim that girls are weak and need protection, and reinforce male sexual aggressiveness Abstinence-Only Education Prohibits any discussion of contraceptives beyond failure rates Presents worst case scenarios of abortions and STDs Since 2001, success defined as “completion of a course,” rather than by actual outcomes Abstinence-Only Education Programs have used funds to buy bibles, subsidize crisis pregnancy centers New Jersey program funded “Free Teens USA,” connected to the Sun Myung Moon’s Unification Church Moon has described homosexuals as “dung-eating dogs” and American women as “a line of prostitutes” Abstinence Only Education: Examples Bizarre scare tactics: “Today being an adult means being able to … participate in any and all types of perverse activities that depraved minds can imagine.” Errors: “Studies show that five to ten percent of women will never again be pregnant after having a legal abortion.” Abstinence Only Education: Examples Sexism/Sex Stereotypes: “Deep inside every man is a kinght in shining armor, ready to rescue a maiden and slay a dragon.” “Females have the uncanny ability to remember the most insignificant details about past experiences.” Abstinence Only Education: Examples Sexism/Sex Stereotypes: “Men tend to be more tuned in to what is happening today and what needs to be done for a secure future.” “Girls will feel “dirty and cheap” when they “lose” their boyfriends after having sex Abstinence-Only Education 24 states rejected abstinence-only funding in 2008 Total $1.5 billion spent on abstinence-only education between 1996 and 2010 Comprehensive sex education programs Delay onset of intercourse Reduce the frequency of intercourse Reduce numbers of sexual partners Comprehensive sex education programs Increase condom and contraceptive use Reduce numbers of unwanted pregnancies Supported by large majority of Americans Barriers to Abortion: TRAP Laws Targeted Regulation of Abortion Providers Laws 2013: 2 dozen states enacted 70 measures Regulate hallway corridor and door frame width, temperature of operating rooms, numbers of hours of training each staff member much receive, increase licensing fees, impose burdensome documentation requirements, require hospital admitting privileges, etc. Barriers to Abortion: TRAP Laws Not applicable to other ambulatory health centers Increase retrofitting, design and training costs; put some clinics out of business Zoning ordinances – some clinics forced to relocate; others shut down Barriers to Abortion: TRAP Laws Effect: decreased access to and increased costs of abortion Restrictions on providing medical abortions skewing those who elect this option toward women who are white, educated, and insured Barriers to Abortion: State Laws Very few states have both pro-choice legislatures and a pro-choice governor Barriers to Abortion: State Laws 2012: Many states have laws that encourage or require the use of ultrasound Unnecessary, rape when transvaginal (transabdominal US does not capture images prior to 10 weeks) Patients often required to bear cost ($50 - $200) 99% of women go ahead with abortion after voluntarily viewing an ultrasound Barriers to Abortion: State Laws As of 2012, >10 states require ultrasounds prior to abortion (AL, AZ, KS, KS, LA, MS, TX) 2012: Federal appeals court allows TX requirement for women seeking abortion to undergo ultrasound and view pictures or have doctor describe them Barriers to Abortion: State Laws Banning Abortion In 2005, a Michigan anti-abortion law passed, prohibiting physicians from performing most abortions, even when the mother’s health or life is endangered It is currently held up in federal court Barriers to Abortion: State Laws Banning Abortion 2006 – South Dakota voters reject measure to ban abortion No exception for rape, incest or to protect woman’s health; contains inadequate and poorly-worded exception for “life endangerment” Violation is a felony 2008 ballot initiative to outlaw “partial birth abortion” also failed 2011 bill would classify the crime of a man killing a provider aborting his female partner’s fetus as justifiable homicide Similar bills have been introduced in Alabama, Georgia, Indiana, Kentucky, Ohio, Mississippi, Rhode Island, South Carolina, Tennessee, and West Virginia South Dakota’s “Informed Consent” Law Passed in 2005 Planned Parenthood sought and received injunction to suspend Law 6/08: Eighth Circuit Court of Appeals (Planned Parenthood Minnesota v. Rounds) lifted injunction South Dakota’s “Informed Consent” Law: Requirements Physician must give pregnant women a description of scientifically-unsupported “risks of abortion” Women must be told that they have an “existing relationship with fetus that enjoys protection under the U.S. Constitution and under the laws of South Dakota,” and that abortion terminates that relationship terminates that relationship along with “her existing constitutional rights with regards to that relationship” Neither the Constitution nor SD laws explicitly mention such a relationship South Dakota’s “Informed Consent” Law: Requirements Disclosures must be made in writing, and women must sign each page of the state-crafted script Physicians who do not satisfy statute subject to license suspension or revocation and may be charged with a class 2 misdemeanor Physicians thus must violate Hippocratic Oath and lie to patients or violate SD law and face sanctions and possible prosecution Barriers to Abortion: State Laws 2005 – Cook County judge ruled that parents of a frozen embryo accidentally destroyed by a Chicago fertility clinic could file a wrongful death lawsuit Many states have introduced “fetal personhood laws” Could affect fertility clinics 2015: 12 states ban abortions after 20 weeks State laws requiring doctor to be present for admission of abortion-inducing drugs Hits rural states hardest Barriers to Abortion: State Laws 2011: Ohio “heartbeat bill” – would ban abortions if detectable heartbeat (happens at 6 wks embryonic development, long before many women realize they are pregnant) 2013: Arkansas legislature overrides governor’s veto to pass “Human Heartbeat Protection Act,” banning abortions after 12 weeks 2013: Judge blocks similar law in ND banning abortions after 6 weeks Barriers to Abortion: State Laws 2011: Utah legislature passes bill criminalizing women who have indued miscarriages or miscarriages that occur due to “reckless behavior” Miscarriages common, especially in first trimester Most miscarriages caused by chromosomal abnormalities Due to mass opposition, Republican governor does not sign Barriers to Abortion: State Laws Colorado’s Human Life Amendment, which would have given full legal rights to fertilized eggs, defeated 3-1 (2008) 2010: OK law prevents women who give birth to disabled child from suing doctor who misled or outright lied about health of fetus during pregnancy Protects doctors against violation of ethical mandate to tell truth Barriers to Abortion: State Laws 22 states have “Choose Life” laws, allowing motorists to purchase “Choose Life” license plates Proceeds support “Crisis Pregnancy Centers” and anti-choice organizations in 12 states, adoption in 14 states 2013: NC passes TRAP Law as part of a bill outlawing Islamic Sharia law 2014: TX TRAP law put on hold by SCOTUS; AL law struck down by judge Barriers to Abortion: State Laws 2013: Proposed North Dakota ballot measure to define life as beginning at conception State already bans abortion on the basis of any genetic disease or defect 2013: 8 states define life as beginning at conception AZ law dates pregnancy back to LMP Barriers to Abortion: State Laws 7 states ban abortion providers (e.g., Planned Parenthood) from receiving state money (2012) Federal Appeals Court overturns TX ban (2012) “Fetal Research Rights” Under Bush II, Mission of Advisory Committee on Human Research Protection – which oversees the safety of human research volunteers – expanded to include embryos Insuring Fetuses Bush II administration pushed “adopt the unborn” campaign, extending State Children’s Health Insurance Program (SCHIP) to fetuses But full prenatal care not extended to all women Barriers to Abortion: “Partial Birth Abortion” Ban Criminalizes intact dilatation and extraction 0.17% Many states have such bans of all abortions Some have exceptions for health of woman Similar 2000 Nebraska state law found unconstitutional by U.S. Supreme Court (Stenberg v. Carhart) Despite this, 17 states since enforcing ban Barriers to Abortion: “Partial Birth Abortion” Ban Lawsuits filed to overturn SF Appeals Court blocked administration enforcement of act against Planned Parenthood Clinics and their doctors, who perform roughly ½ of the nation’s abortions Barriers to Abortion: “Partial Birth Abortion” Ban 2007: US Supreme Court upholds ban (Gonzales v. Carhart) Physicians subject to 2 years in prison, fine of up to $250,000, and monetary damages for psychological injury to the husband or parents of the pregnant woman 2012: Federal appeals court blocks AZ lateterm abortion ban Barriers to Abortion: Legal “Unborn Victims of Violence Law” Criminalizes harming fetus; e.g., conviction in Texas (6-05) Supposedly will “help protect victims from domestic violence” Irony: Domestic violence programs in U.S. woefully under-funded Could limit women’s freedom to work in certain settings/at certain jobs 2010: 37 states have “attempted feticide” laws Barriers to Abortion “Born Alive Infants Protection Act” DHHS using BAIPA in enforcing EMTALA (Emergency Medical Treatment and Active Labor Act) Will cause conflicts relevant to desire for palliation vs treatment Barriers to Abortion 2014: TN law allows prosecution of women who intentionally, knowingly, or recklessly cause bodily injury to eggs, embryos, or fetuses as part of an unlawful act or unlawful omission Some states require reporting of drug (including marijuana and alcohol) use by pregnant women Legal Barriers to Abortion: The “Teen Endangerment Act” Part I: “Child Custody Protection Act”: Would make it a federal crime for anyone other than a parent, including other relatives and religious counselors, from accompanying a young woman across state lines for an abortion, without complying with the home state’s parental involvement statutes Would delay abortion, increasing cost and physical/emotional health risks to teenager Legal Barriers to Abortion: The “Teen Endangerment Act” Part II: “Child Interstate Abortion Notification Act”: Would make it a federal crime to provide an abortion to a teenager outside of her home state unless the physician has notified a parent at least 24 hrs. in advance. No exception when abortion necessary to protect the teenager’s health Requires 24 hr. waiting period and written notification even if a parent accompanies teen to an out-of-state abortion provider Legal Barriers to Abortion: The “Teen Endangerment Act” Passed by the U.S. House of Representatives in 2005 Senate currently considering a similar bill, but without interstate abortion notification procedures Barriers to Abortion: Legal Unborn Child Pain Awareness Act Mandates that women seeking abortion after 20 weeks be provided specific information regarding fetal pain during abortion, and that they sign a form accepting or refusing “pain medications for the unborn fetus” “Fetal Pain” Counseling Required for all women in 6 states Required after 20-22 weeks in 4 states Sensory structures to feel pain don’t develop until after 23 weeks Barriers to Abortion: Legal Proposed Congressional legislation would: Allow hospitals to let a pregnant woman die rather than perform a life-saving abortion Effectively prevent women from using their own money to purchase insurance that includes abortion coverage in the new insurance exchanges Tax small businesses that pay for health plans that cover abortion (and people who pay for abortions) Permanently ban federal spending on abortion Barriers to Abortion: Legal – The Courts Nominations ?Supreme ?Overturn of anti-choice judges Court nomination(s)? Roe vs. Wade? Bush Nominates First-Trimester Fetus To Supreme Court – The Onion, 9/05 Barriers to Abortion: Legal Unsuccessful attempt to subpoena medical records from family planning clinic (violating patient confidentiality) Storm Lake, Iowa – resisted by Jill June, one of Ms. Magazine’s 2002 Women of the Year Barriers to Abortion: Legal Maine Rep. Brian Duprey submitted bill to state legislature to make it a crime to abort an unborn child if that child is determined to be carrying the “homosexual gene” Such a gene is not known to exist Duprey got idea for bill “from Rush Limbaugh” Barriers to Abortion: Bush Political Appointments Political appointments to government scientific organizations/committees based on ideology, not knowledge and experience E.g., Drs. David Hager, Susan Crockett and Joseph Stanford appointed to the FDA’s Reproductive Health Drugs Advisory Committee Barriers to Abortion: Bush Political Appointments Example: Ob/Gyn Hager Author of “As Jesus Cared for Women” Has advocated Scripture reading and prayer for PMS and reportedly refuses to provide contraceptives to unmarried women Accused by wife of “serial anal rape” Barriers to Abortion: Bush Political Appointments Erik Keroack (head of “crisis pregnancy center,” anti-birth control, anti-sex education) appointed Deputy Asst Scty. For Population Affairs in DHHS – later resigned FDA Representative Dr. Janet Woodcock: Selling Plan B OTC would transform it into an “urban legend” that would tempt adolescents to create “sex-based cults” Church Amendment Protects those who choose to participate and those who choose not to participate in abortion at federally funded public health institutions Coats Amendment Passed 1996 Maintains federal funding and legal status of medical institutions that do not offer abortion training or provide referrals for individuals seeking abortion training at another institution Prohibits discrimination against institutions and individuals who refuse to provide abortion training Barriers to Abortion: The Weldon Federal Refusal Clause Signed by President Bush in 12/04 Allows federally-funded health care entities to deny women information on abortion services, even if state laws mandate that such information be given upon request 46 states have similar conscience clauses Obama overturns, but allows individual conscientious objection protections Barriers to Abortion: The Weldon Federal Refusal Clause Opposing lawsuit filed December, 2004, by the National Family Planning and Reproductive Health Association Lawsuit by state of California rejected by federal judge (2008) Barriers to Abortion: Refusal Clauses 46 states enacted shortly after Roe v. Wade 14 states allow some health care providers to refuse to provide contraceptive services 18 states allow some health care providers to provide sterilization services Barriers to Abortion: Refusal Clauses Permit certain medical personnel, health facilities, and/or institutions to refuse to participate in abortion DHHS regulations (9/08) allow health care workers and institutions to refuse on religious grounds to perform or refer patients for abortions “Conscience Clauses” protect only consciencebased refusal of care, not conscientious provision of care Effects of Refusal Clauses Employers can refuse to provide contraceptive coverage in their health plans Pharmacists can refuse to dispense, or provide referrals for, lawfully-prescribed OCPs Health care professionals can deny patients information on, or referral for, family planning services, regardless of the patient’s health care needs ACOG Position Doctors whose personal beliefs require them to deviate from standard practices such as providing abortion, sterilization, or contraceptives should: Give patients prior notice Offer timely referral Provide medically-indicated services in an emergency Practice close to physicians who will provide legal serivces or ensure that referral processes are in place so that patient access is not impeded Barriers to Abortion: Global “Gag Rule” First adopted by Reagan Administration in 1984 aka Mexico city policy Rescinded by President Clinton in 1993 Reinstated by Bush in 2001 Overturned by Obama in 2009 Barriers to Abortion: Global “Gag Rule” After Global Gag Rule reinstated by Bush Administration in 2001 430 organizations in 50 countries stopped performing abortions or speaking about abortion laws in order to qualify for U.S. funding 1/16 women in sub-Saharan Africa die during pregnancy or childbirth Did not cover condoms procured with HIV/AIDS funds Barriers to Abortion: Domestic “Gag Rule” Adopted by Reagan administration in 1988 Overturned by Clinton in 1992 The Good News Parents very accepting of idea of sexually transmitted disease vaccination for their adolescent children - Arch Ped Adol Med 2005;159:132-7 States and U.S. Congress introducing bills to improve sex education and affirm women’s right to choose “Freedom of Choice” bills The European Court of Human Rights has declined to extend full human rights to fetuses BUT Obama administration has done little to stem erosion of reproductive rights 2014: Republicans control Congress – what is next? Barriers to Abortion: Worldwide Abortion broadly legal in 60% of countries 6% of developing countries 1/3 of developing world lives where abortion is prohibited or allowed only in cases of rape or incest or to save the mother’s life Barriers to Abortion: Worldwide Lack of access to contraception Average number of lifetime abortions: Russia (9), Romania (18 - pre-fall of communism) 215 million women have an unmet need for contraception Catholic Church opposes contraception (even condoms) Barriers to Abortion: Worldwide Under Bush II, U.S. cut $34 million in funding for U.N. Population Fund and withdrew support from a population control program that stressed access to reproductive health care and education Based on unsubstantiated argument that the program supports China’s coercive population control policy However, selective abortion of female infants common (119F/100M born in China) Barriers to Abortion: Worldwide U.N. Population Fund Obama re-instated funding ($50 million) in 2009 budget $35 million in 2013 budget Barriers to Abortion: Worldwide Education: More years of education translates to greater likelihood of contraceptive use, decreased childbearing, higher salaries, improved status of women and families, and better education for their children Average number of children based on mother’s years of education: No school: 4.5 Few years primary school: 3 One or two years of secondary school: 1.9 One or two years of college: 1.7 Barriers to Abortion: U.S. Pressure on World Health Organization WHO expert committee recommended that mifepristone and misoprostol should be added to its Essential Medicines list WHO has failed to act, possibly in response to pressure from the U.S. Dept. of Health and Human Services Perspective: Poverty and Priorities Amount of money needed each year ( in addition to current expenditures) to provide reproductive health care for all women in developing countries = $12 billion Amount of money spent annually on perfumes in Europe and the U.S. = $12 billion Conclusions Restrictions on access to abortion and other reproductive health services increased dramatically under the Bush administration Backed by inflammatory/hostile rhetoric and pseudoscience Obama: ?change? Conclusions Vigilance and legislative efforts at federal and state level and in the courts necessary to preserve and protect women’s right to choose References Donohoe MT. “Teen Pregnancy: A call for sound science and public policy,” in Current Controversies in Teen Pregnancy and Parenting, Lisa Frick, Ed. (Farmington Hills, MI: Greenhaven Press/Thomson Gale, 2006). [Reprinted from Z Magazine 2003 (April);16(4):14-16. Available at http://zmagsite.zmag.org/Apr2003/donohoe0403.html] Donohoe MT. Increase in obstacles to abortion: The American perspective in 2004. J Am Med Women’s Assn 2005;60(1)(Winter):16-25. Available at http://www.amwadoc.org/index.cfm?objectid=1B138032-D567-0B2557EE86AC69902184 References Adams KE, Donohoe MT. Reproductive Rights – Commentary: Provider willingness to prescribe emergency contraception. American Medical Association Virtual Mentor 2004 (Sept.);6(9). Available at http://www.amaassn.org/ama/pub/category/12783.html Donohoe MT. Obstacles to abortion in the United States. Medscape Ob/Gyn and Women’s Health 2005;10(2):posted 7/7/05. Available at http://www.medscape.com/viewarticle/507404 References Donohoe MT. Parental notification and consent laws for teen abortions: overview and 2006 ballot measures. Medscape Ob/Gyn and Women’s Health 2007. Posted 2/9/07. Available at http://www.medscape.com/viewarticle/549316. Guttmacher Institute: http://www.guttmacher.org/ Contact Information Public Health and Social Justice Website http://www.phsj.org martindonohoe@phsj.org