General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsINDIANA: New Law - Must disclose past abortions or Go to Jail
Last edited Tue Mar 27, 2018, 10:44 AM - Edit history (3)
Link to tweet
.
What the ...frigging....frug'uck!
Some are arguing, in the comments, that the Tweet is completely misleading/ or that the article is innocuous in compare.
But the title of the U.S. News article is this
Indiana Governor Signs Bill Mandating Abortion Information
Seems pretty straight forward - the "Mandating" remark.
Furthermore, arguments that the article is diametric to the Tweet, also is - disingenuous. If anything, the actual sense of the article is worse. Doctors are being "mandated" to report a patient's history, to the state.
In what sense of the word is "Mandating" your private info,
- violation of your privacy By Law - a good thing?
But the claim the Tweet is not even close - is what's bogus
From another article by "The HILL" the contention of the Tweet is corroborated.
https://www.google.com/amp/thehill.com/policy/healthcare/380360-indiana-gov-signs-law-requiring-doctors-report-abortion-complications%3famp
.......................
UPDATE
LINK to the actual Law amending (should take note of redacted)
https://iga.in.gov/legislative/2018/bills/senate/340#document-0b0b1a82
Angry Dragon
(36,693 posts)backtoblue
(11,343 posts)This is unconstitutional and a violation of privacy and so much more.
A crime to keep your private health information...private!!!??
The only health provider who might be relevant to give that info to would be your gynecologist, and even THAT shouldn't be mandatory to disclose!
Evil bastards.
Oh, there's no war on women. My ass!!!!
Hortensis
(58,785 posts)ONLY. Those specific doctors have to submit an annual report of any of 26 listed complications they've diagnosed. Penalties could be imposed on practitioners who didn't comply.
The Indiana ACLU, which has brought other cases, and this is part of a pattern of oppressive anti-abortion laws in Indiana, is considering whether it will challenge this in court.
So far the worst complaint about the law, though, seems to be that it would be overly burdensome on the physician; you know, keeping records and printing out or e-filing an annual report. And, of course, should the numbers of complications be strangely high, being investigated by whichever agency there monitors for violations of safe medical practices.
I've searched and found no law of the sort that tweeter, Cathleen, is claiming. I strongly recommend checking these things out before blowing a gasket over them. I do.
Ilsa
(61,690 posts)Only statistics should be gathered.
But I'm figuring the antichoice crowd would hate this, as abortion has very infrequent complications.
Hortensis
(58,785 posts)That's where these reports go. And no one has said patient names are submitted or not. We know what kind of scuzzes these antiabortion tricksters can be, and this governor is known to be one.
But you should know (and why don'tyou since you've taken the trouble to form an opinion?) that this law was passed after a scandal in which a very bad physician was discovered to have hurt a lot of women. I think some even died. Not exactly infrequent complications.
States license physicians, and most people believe they have an absolute duty to monitor their physicians for signs of malpractice.
Ilsa
(61,690 posts)I'm interested in maintaining both safety and privacy, and the two are intertwined.
Hortensis
(58,785 posts)hailing this as a great victory. It's not, just propaganda, but unquestionably they hope to use the data gathered against abortion in general, rather than bad physicians. They're going to be disappointed. As you say, complications are not at common when performed by conscientious practitioners, and those who aren't are rare.
PoiBoy
(1,542 posts)In our Handmaid's Tale America.
spanone
(135,791 posts)Laffy Kat
(16,373 posts)My god.
herding cats
(19,558 posts)It's sensational lunacy for his base.
marybourg
(12,586 posts)of Indiana won't mind paying hundreds of thousands in lawyers' fees and costs to find that out.
caraher
(6,278 posts)Governor Pence wasted a lot of resources pandering to his "base" back in the day - and they are indeed "base."
0rganism
(23,927 posts)Constitutionality was never the goal, as a more "moderate" law might go unchallenged
spanone
(135,791 posts)slumcamper
(1,604 posts)Whip up the rabid church people until they are frothing at the bit.
The bulk of GOP public policy is designed to do this. Time to break them.
KY_EnviroGuy
(14,488 posts)Puts them in a Catch-22 situation - if they do this, they could be in court for privacy violations and if they refuse, the state will come after them.
..........
smirkymonkey
(63,221 posts)They can' t force providers to disclose a patient's health records if no law has been broken.
TreasonousBastard
(43,049 posts)and the idea is to get you to sue, the more lawsuits the merrier.
The idea is to get at least one to the Supremes, and use it as a wedge to overturn Roe.
Be aware-- be very aware.
blake2012
(1,294 posts)So John Roberts can slowly roll back Roe v. Wade protections.
Theyve already succeeded in Texas by making it much more difficult for many women in the state to get to a place which can perform abortions.
Pure evil.
GoCubsGo
(32,074 posts)See you in court, assholes.
Kirk Lover
(3,608 posts)Liberty Belle
(9,533 posts)Make all men disclose any treatment they have ever had for erectile dysfunction, penile implants, impotence, vasectomy, fertility treatments, and sexually transmitted diseases to all your your medical providers. Also did they ever father a fetus that was aborted? Could impact their mental health. Fair is fair.
BadGimp
(4,012 posts)caraher
(6,278 posts)It's pretty unbearable
dalton99a
(81,392 posts)Ms. Toad
(33,992 posts)not the fictional characterization in the tweet.
laserhaas
(7,805 posts)Online media report; which does not bode well for your incongruous argument.
https://www.google.com/amp/thehill.com/policy/healthcare/380360-indiana-gov-signs-law-requiring-doctors-report-abortion-complications%3famp
.
The law stipulates that no identifying information of the woman should be included, but the report must detail the date of the procedure, the age and race of the patient, the county and state of the patient's residence, the type of abortion obtained by the patient, as well as the name of the facility where the procedure was received.
Ms. Toad
(33,992 posts)Prior to making the post you responded to was in response to the ludicrous claim that a new law requires all doctors to quiz their patients and that women will be punished for failing to disclose prior abortions.
I have never suggested the law was good. But the law bears little to no resemblance to the content of the tweet. Fake news travels quickly, and is impossible to retrieve, once scattered to the electronic winds. Accurate and honest descriptions of the target of outrage matter.
You have at least now added a link to the actual law. If you're serious about wanting a conversation about how bad the law is, how about deleting the flamebait tweet and false caption from your op.
Solly Mack
(90,758 posts)Cursing loudly.
Ms. Toad
(33,992 posts)None of what is in the text of the tweet is in the article, and I can't find any reports that suggest anything close to the tweet.
Reporting complications from abortion is quite a bit different from every doctor being obligated to quiz every patient, and patients being fined $1,000 + imprisoned for 6 months for failure to disclose past abortions.
ETA: Here's a link to the law, in case anyone cares about accuracy before getting all outraged.**
Any physician, hospital, or abortion clinic that treats a complication from an abortion must report it, along with non-identifying information about the complication and medical history of the patient. No generic requirement to ask about abortions - but if you are treating a complication of an abortion, you have to report.
Facilities that perform abortions must report the abortions performed, along with detailed information about the procedure (including prior abortions). This is the only provision that at least implies an obligation to ask - and, frankly, any surgery I've ever had would have included an inquiry about prior surgery (including abortions), so it is information they would be gathering for medical purposes anyway.
Failure to report either is a Class B misdemeanor (subject to $1,000 fine or 6 months imprisonment)
The law does not impose fines on women for failure to disclose abortions..
** Not suggesting there isn't plenty to be outraged about, or that this law isn't a transparent attempt to make abortion harder and more costly. Just that the outraged ought to be directed at the actual law, not at the right wing's wet dream that hasn't been enacted yet.
caraher
(6,278 posts)I agree that the tweet is inaccurate, even as it is also transparently clear that all this "concern" about the safety of legal abortion is more about restricting access than women's health
madaboutharry
(40,190 posts)The link to the article is right there. The tweet is a misrepresentation. The law is terrible, but it isn't as the tweet indicates. Come on people.
Hortensis
(58,785 posts)USALiberal
(10,877 posts)Egnever
(21,506 posts)the funny thing is a lot of these posters think Fake news has no effect on them.
Ms. Toad
(33,992 posts)Egnever
(21,506 posts)trueblue2007
(17,193 posts)10
25 40 years ago. this is unconstitutional
i would sue
InAbLuEsTaTe
(24,121 posts)Sophia4
(3,515 posts)ooky
(8,908 posts)What "quiz" questions are they going to ask? What will be done with the information?
Ms. Toad
(33,992 posts)It requires physicians, hospitals, and abortion clinics treating complications from abortions to report abortion complications.
It also requires abortion clinics to report non-identifying demographic information about abortions and patients. Since all surgeries require information about prior surgeries (at least any I've ever had), the report (which does include info about prior abortions) does not require the doctor to gather any information that is not already being gathered.
Hortensis
(58,785 posts)Ms. Toad
(33,992 posts)I was just doing a quick scan of the law to counter the obvious nonsense in the tweet.
bitterross
(4,066 posts)The ACLU is probably waiting for the call. That has to violate the 1st and the 4th.
laserhaas
(7,805 posts)And leaves open the option to sue
DFW
(54,291 posts)1: The Fourth Amendment to the U.S. Constitution
"The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
2: From the article "Privacy Laws Of The United States:
The essence of the law derives from a right to privacy, defined broadly as "the right to be let alone." It usually excludes personal matters or activities which may reasonably be of public interest, like those of celebrities or participants in newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for damages against the person or entity violating the right. These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing.
3: And even Wikipedia:
"This right to privacy has been the justification for decisions involving a wide range of civil liberties cases, including Pierce v. Society of Sisters, which invalidated a successful 1922 Oregon initiative requiring compulsory public education, Griswold v. Connecticut, where a right to privacy was first established explicitly, Roe v. Wade, which struck down a Texas abortion law and thus restricted state powers to enforce laws against abortion......."
4: And now the governor of Indiana thinks he's Tomás de Torquemada:
Ms. Toad
(33,992 posts)The tweet mischaracterizes the law so badly it is bears little connection to reality.
Before cranking up outrage, check to make sure the tweet is accurate. Here, even following the link to the article ought to send up bright red "we've been snookered" flares.
DFW
(54,291 posts)It indeed overstates the severity and even the details.
However I find the new law to be nevertheless intrusive, and a steeping stone to worse. My outrage stands for those who would impose restrictive laws upon women who are already sufficiently traumatized by the want/need for an abortion in the first place.
Ms. Toad
(33,992 posts)But this law does not impose a restriction on women.
Anytime I've ever had surgery, I have been asked to disclose every surgery I've had - which would include abortions. The law only requires reporting this information along with non-identifying details of the patient.
The second portion of the law requires doctors treating complications of abortion to disclose non-identifying information about the patient and treatment.
The fines are imposed on the doctors (for failing to report, not for failing to quiz the patient). The law does not even address any patient obligation to disclose.
I entirely agree that the motives of the individuals enacting this particular law include restricting women's access to abortion.
But this entire thread is comprised of responses to the text of the tweet - and no one, other than me, appears to have even clicked through before responding to discover that the text is is not even supported by the article, let alone by the actual law. Unless we want to be indistinguishable from the right wing idiots, we need to get our act together and stop falling for hair-on-fire tweets that bear no relation to reality.
laserhaas
(7,805 posts)the doc is not required - by law - of your other operations, to report your answers to the state (which is seeking to use that information to deprive you of your rights)
Ms. Toad
(33,992 posts)Vaccine complications, and STDs, for example.
I am not supporting the law, BTW. My beef is with fake news being reported here and with everyone being outraged without even bothering to click through to see that not only does the article not say what the tweet claims, but the law itself bears little resemblance to it either.
As to the point you are responding to, the tweet claims that all doctors are required to quiz their patients about prior abortions and that (by implication) women will be fined or jailed for failure to disclose. The reality is that the new law requires only doctors who are already gathering that information (those performing an abortion) to report it (without identifying identity information).
I am not claiming that is acceptable - but if we run around with our hair on fire about the new law that requires doctors to quiz is, and fine us when we fail to disclose, we're no better than Trump reacting to Faux news.
laserhaas
(7,805 posts)It is not jail time for lack of reporting general items.
The (purported) goal of this BILL is patient safety; but everyone is well aware of Indiana's - never ending - quest to stop All abortions.
Ms. Toad
(33,992 posts)I have repeatedly acknowledged the evil motives behind the bill.
The tweet claims that all doctors will be required to quiz their patients about prior abortions.
Is this in the article linked to? No.
Is this in the law? No.
The tweet implies women will be fined or imprisoned for failing to disclose abortions, in response to the quizzing. (Read the op caption, if you have any doubt about who the tweet suggests is going to jail -unless the doctor has had past, abortions, it's not the doctor.)
Is this in the article linked to? No.
Is this in the law? No.
From the posts prior to mine, it appears that no one in this thread, until I pointed it out, bothered to even click through to the article, and go, "Huh???, The article doesn't say that- the same behavior we rightly criticize trump & the right wing of-turning a blind eye to the facts, when fake news sounds more politically advantageous.
Yes, there is plenty to criticize in the bill. But we ought to be criticizing what is actually in the bill, not outraging over fake news. Facts are important.
laserhaas
(7,805 posts)It is Law.."340" and I posted the link to the actual BILL
Ms. Toad
(33,992 posts)As I said, you're obviously not reading carefully.
Read the actual law.
Is this in the article linked to? No.
Is this in the law? No.
Doctors who perform abortions (not all doctors) are required to report (not quiz), in connection with performing an abortion, any previous abortions the woman has had. This does not apply to ALL medical vists, all doctors, and specifically does not to ANY psychologists (who don't perform abortions). It does not require any "quizzing" that a responsible physician is not already doing (A standard part of screening for all surgery is the question about prior surgeries, in order to ensure that you have not had any previous dangerous responses to any of the medications or anesthesia involved. So any doctor who is not committing malpractice already gathers the information).
So no, a mandate to all doctors and psychologist to quiz their patients about past abortions at every medical visit is NOT part of the law.
Is this in the article linked to? No.
Is this in the law? No.
The law does not impose any obligations on women. Period. It imposes fines (and potential imprisonment) on doctors for failure to make one of two kinds of reports
The mere existence of a fine or jail sentence on someone for something connected to abortion does not transform your initial false assertions that doctors and psychologists will be require to quiz patients about abortion and that women who fail to disclose prior abortions will be fined or imprisoned into true statements.
NOTHING in the law imposes any fine, imprisonment, or other punishment, on any woman who fails to disclose prior abortions.
Again - since you seem intent on doubling dow - I am not suggesting that the law is a good thing, or was motivated by anything other than a desire to further stigmatize and suppress abortions. Just don't be outraged (and urge others to be outraged) about fake crap that is not part of the law.
laserhaas
(7,805 posts)The HILL reports that
https://www.google.com/amp/thehill.com/policy/healthcare/380360-indiana-gov-signs-law-requiring-doctors-report-abortion-complications%3famp
.
Failures to report complications would result in a Class B misdemeanor, which are punishable by up to 180 days in jail and a fine of up to $1,000 in Indiana
Can you name any other medical issue where Doctors are required - BY Law - to disclose your medical history, to the state (that includes Jail time for failure to report).
Ms. Toad
(33,992 posts)Not on women who fail to disclose abortions, as implied in the tweet (as several of my responses clearly indicate).
The law does not require all medical and psychological personnel to quiz all patients, as stated in the tweet.
The law requires disclosing non-identifying information, and I would be very surprised if the reporting laws for STDs, as an example, didn't have similar fines, but I'm not at a computer to research right now.
Do you really think it is appropriate for progressives to act like Trump watching Faux news, and jump to flaming outrage about fake news?
Ms. Toad
(33,992 posts)29 states impose fines for failing to report TB cases, including a more detailed - and personally identifying - history than is required under this law for abortion.
https://www.cdc.gov/mmwr/preview/mmwrhtml/00030715.htm
As noted in my first response, there are many mandatory reporting laws for STDs: https://www.cdc.gov/std/program/final-std-statutesall-states-5june-2014.pdf
I am NOT contending this kind of reporting is justified as to abortion, but you might want to do a smidgen of research before you assert that something is completely unheard of.
CreekDog
(46,192 posts)that was bullshit and you refused to correct it.
your credibility is thus.
Ms. Toad
(33,992 posts)Whether you believe I'm credible is not really relevant. You have the language in the tweet and the law. You can check for yourself. Please point out the provisions of the law that:
* require doctors and psychologists to quiz patients every time they seek treatment
* fine or imprison women for refusing to disclose past abortions.
Here's a link to the law, I'll be waiting.
As to your accusation, straight from the 1040, Form A:
5 State and local (check only one box):
a Income taxes, or
b General sales taxes } . . . . . . . . . . . 5
6 Real estate taxes (see instructions) . . . . . . . . . 6
7 Personal property taxes . . . . . . . . . . . . . 7
8 Other taxes. List type and amount ▶
As you can see, there is no need for me to correct anything in order to salvage my credibility. State and local taxes include only income taxes OR general sales taxes. Real estate taxes are a separate line item, as are personal property taxes.
Both fall into the general category of "Taxes you Paid," but state and local taxes do not include property taxes. If they did, they would be labeled c, and d - not 5 & 6.
Beartracks
(12,797 posts)Republicans always have a truthy-sounding talking point they can use to justify their dumbass policies and laws.
=======
spooky3
(34,405 posts)good-bye.
MFM008
(19,803 posts)5..........4...........3.............
Ms. Toad
(33,992 posts)Once you get there, do ctrl-f for anything in the tweet. You won't find it.
laserhaas
(7,805 posts)This is the result
Ms. Toad
(33,992 posts)So yes, what I said is entirely true.
Second, read the tweet, particularly in combination with the op caption and responses in the thread.
The implication (and how it is being read) is that women who fail to disclose prior abortions, in response to the quizzing that every doctor and psychologist is obligated to do, will go to jail.
The fine (and potential jail time) is on doctors, not women. The snippet you posted identified one basis, which has nothing to do with failing to disclose prior abortions - it has to do with failing to disclose complications of the current abortion.
I could just play dumb, and pretend I don't know where the grain of truth in fines/jail connected with disclosure of previous abortions came from, but I actually do care that any outrage has a factual basis. The law requires and punishes failure by an abortion provider to report information about abortions performed. The non-identifying information includes information about previous abortion.
It is not an obligation imposed on all medical providers to quiz their patients. It does not punish women for failure to report abortions. It does not even require abortion providers to ask any more than any responsible medical professional is already asking prior to performing surgery.
There is plenty to be outraged about in the bill, though, without making stuff up (or repeating fake news).
laserhaas
(7,805 posts)Give it a rest
Hortensis
(58,785 posts)for posting something that amounts to a lie? And adding an addendum correcting it? Most of us feel we have a duty to vet stuff for accuracy before bringing it here.
Hortensis
(58,785 posts)some eager sucker has a stroke over this.
laserhaas
(7,805 posts)Before engaging in condemnation.
McCamy Taylor
(19,240 posts)No one can be required to disclose anything to a health care provider. Health care providers can be required to ask certain questions--like Tb risk. But the standard history already includes pregnancies, deliveries, miscarriage and abortions.
laserhaas
(7,805 posts)Every year Indiana tries to pass a law restricting abortions.
This law claims to protect privacy; but it gets as close to possible, of minute details ; but for the same of patient
MineralMan
(146,254 posts)Probably this original post would be best self-deleted. Most people will not click the link and get the actual facts.
laserhaas
(7,805 posts)MineralMan
(146,254 posts)in them about doctors quizzing female patients about past abortions anytime they treat a woman. The tweet is simply and terribly incorrect about this bad bill. You have access to the actual stories, so quote them in your OP, not some inaccurate twitter post. That's my suggestion.
I do read links. In fact, I went to that tweet so I could click the link.
laserhaas
(7,805 posts)to have a "general discussion".
You are being absurd, in your (now baseless) arguments that the thread should be redacted...instead of the issue being "discussed".
Even worse when you confess you read both links
Shheesshh....
The state of India a Republicans have been extreme right wing and this BILL is so egregious.
WTF!
Did you neglect to read the whole thing from the HILL?
LOOK
Proponents of the bill say it's a way to ensure abortions are safe in the state, but opponents say it seeks to stigmatize abortions.
Idaho Gov. Butch Otter (R) signed a bill last week requiring abortion providers report similar information to the state
under the "false guise" of patient safety.
Egnever
(21,506 posts)Ms. Toad
(33,992 posts)The fine is for failure to report complications of an abortion?
Not there that I see, and both your headline and the tweet suggest it is the woman is at risk for failure to disclose past abortions.
laserhaas
(7,805 posts)And the link to the actual as is in the updates
Ms. Toad
(33,992 posts)Without explanation that the tweet itself contains virtually no truth at all, is not supported by the article it links to, and to post an inflammatory false caption that declares women who do not disclose past abortions will go to jail.
And you watch post after post pile up, outraged that doctors will be asking every patient about past abortions - and that women will be jailed if they do not disclose previous abortions.
And you don't bother to say, "Oops. My bad. My information source was making stuff up. Here's the real truth."
We should not be mimicking Republicans by posting whatever fake news comes along just to generate outrage. And - when we discover our original posts are nonsense, we ought to correct them, rather than doubling down on the fake news.
ck4829
(35,038 posts)ismnotwasm
(41,965 posts)And ignore the many and well documented complications from pregnancy. Assholes
TBA
(825 posts)They are trying to gather data on the possible complications of abortions. I don't think if you go in for an eye exam they will ask about abortions.
Not that I agree... plenty of studies have been done on the safety of the procedure. But the headlines sensationalize the article.
Proud Liberal Dem
(24,392 posts)presumably to build up a case for eventually totally banning them. Of course, anti-choicers have pushed the same junk science for years (decades?) about "abortion regret" and other medical conditions supposedly caused by abortions. I predict that they will find little evidence to support their contention that abortion, performed correctly and under safe conditions, is harmful to women undergoing procedure. And, while I'm sure that some women may regret their decision, I don't believe that the vast majority do.
Slightly OT but this is the same legislature that saved us from the "scourge" of eyeball tatooing and gave us the ability to buy alcohol on Sundays but need an expensive "special session" to finish up all the other work that they neglected.
laserhaas
(7,805 posts)Holcomb additionally approved Senate Enrolled Act 203, which anti-abortion advocates say brings Indiana closer to embracing fetal personhood.
Under the new law, which also takes effect July 1, a fetus at any stage of development is recognized as an individual separate from its mother if her pregnancy is terminated due to a violent crime or drunken driving.
Current Indiana statutes require a fetus to attain viability, or roughly 24 weeks gestation, before it is considered a separate person for prosecution of feticide, or a second count of murder, voluntary manslaughter or involuntary manslaughter if both a pregnant woman and her fetus are killed.
The new law pushes that timeline back to the moment of conception and provides for either an additional charge for the death of the fetus if the perpetrator knew the woman was pregnant, or a 6- to 20-year penalty enhancement if the perpetrator did not.
riversedge
(70,084 posts)laserhaas
(7,805 posts)The goal of this BILL ..is to gather purported facts to fight abortion
metalbot
(1,058 posts)A hospital IS going to report gunshot wounds to the police, even if you come in and say "Hey, you know, I was just minding my own business in the garage, and then 'blammo' my shotgun went off into my shoulder. Just stitch me up - it's all good."
bluestarone
(16,859 posts)laserhaas
(7,805 posts)Blindingly apparent
(180 posts)And STD to abortion. The goal being to outlaw all abortions as unsafe. The state Will have to step in simply because abortions are too dangerous. They must protect womens lives
laserhaas
(7,805 posts)This BILL is absurd.
Eliot Rosewater
(31,106 posts)MrsCoffee
(5,801 posts)laserhaas
(7,805 posts)It sucks - big time
roamer65
(36,744 posts)I increased mine last week.
Hoyt
(54,770 posts)Demit
(11,238 posts)Nowhere in either article does it say that "every time a woman seeks medical or psychological treatment she MUST be quizzed about past abortions."
I don't know if Cathleen is making an innocent misinterpretation or a deliberate one. But I have now read both articles linked to, and the relevant section of the law, and her contention is NOT corroborated.