While courts decide abortion bans, Ohio Senate passes 'abortion reversal' and 'born alive' bills

Jessie Balmert | Cincinnati Enquirer

Show Caption Hide Caption Protesters seek to stop wave of abortion bans Protesters make their voices heard at the Stop the Bans rally at Cincinnati's Washington Park Tuesday, May 21, 2019.

COLUMBUS - Ohio lawmakers already passed one of the most restrictive abortion bans in the nation this year. But they're not done regulating the procedure.

While courts decide whether Ohio can ban abortions after a fetal heartbeat is detected or following a Down syndrome diagnosis, abortion opponents have found new ways to penalize doctors who perform the procedure.

Senate Bill 155, which passed the Senate 22-10 Wednesday, would require doctors to inform women about the option to reverse a medication abortion, a claim not supported by the medical establishment. Sen. Stephanie Kunze, R-Hilliard, joined Democrats in voting against the proposal.

A second bill, which passed 24-9 along party lines, would penalize doctors who fail to care for a child born alive after an attempted abortion procedure.

Abortion reversal

Medication abortions involve two drugs. Mifepristone blocks the release of progesterone, which is needed for a healthy pregnancy. Then, misoprostol is taken a day or two later to cause the uterus to contract and expel the embryo or fetus.

Abortion reversals were popularized by Dr. George Delgado, a San Diego doctor who labels himself "pro-life." Under Delgado's method, the woman would take progesterone, a hormone that helps maintain pregnancy, after taking the first drug mifepristone but before taking misoprostol.

The American College of Obstetricians and Gynecologists says abortion-reversal treatments do not meet clinical standards. The American Medical Association has challenged a similar "abortion-reversal" law in North Dakota.

“That’s not true medicine. It’s not evidence-based medicine," Dr. Anita Somani, who specializes in obstetrics and gynecology in Columbus, told lawmakers Tuesday. She called the use of progesterone to reverse abortions "experimental."

Part of the challenge of proving or disproving the method is the ethical challenges of conducting research on pregnant women.

Proponents of "abortion reversal" say women should hear about the option. "Women who have taken the first chemical abortion pill deserve to know that abortion pill reversal is an option to save the life of their unborn child," Ohio Right to Life vice president Stephanie Ranade Krider said.

“This legislation simply gives women information on an alternative choice if they change their mind and want to continue their pregnancy," said Sen. Peggy Lehner, R-Kettering, who sponsored the bill.

Doctors who fail to disclose that information would face a first-degree misdemeanor charge for the first offense and a fourth-degree felony charge on subsequent offenses.

If passed by the Ohio House of Representatives and signed by Gov. Mike DeWine, Ohio would join eight other states, including Kentucky, with similar laws. Some have been challenged and blocked in court. Arizona passed a law regarding abortion reversal then later repealed it.

Born Alive Act

Senators also passed Senate Bill 208, which has been named the "Born-Alive Infant Protection Act."

"It's time that we make certain that those who are truly the most vulnerable citizens are protected," said Sen. Terry Johnson, R-McDermott, who sponsored the bill.

Democrats argued that current law already prohibits abortion manslaughter and allows patients to sue their doctors for substandard care. State law also bans abortions after 20 weeks of gestation, so it's unlikely that any infant would be born alive, they said.

In March, Democrats joined Republicans in unanimously supporting a resolution urging Congress to pursue a "Born-Alive Abortion Survivors Protection Act." But they are opposing Senate Bill 208 now, saying it has dire, unintended consequences.

"This bill is part of the dangerous strategy of anti-abortion politicians to push abortion completely out of reach," said NARAL Pro-Choice Ohio Executive Director Kellie Copeland. "People who need abortion care deserve support, not lies and stigma.”

Proponents of the proposed legislation say doctors need to put the same effort into saving an infant born despite an abortion attempt as they would a child born prematurely. This legislation makes that clear.

The proposed law also requires hospitals and clinics to report the number of children born alive following an abortion procedure to the Ohio Department of Health.