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laserhaas

(7,805 posts)
Mon Mar 26, 2018, 11:15 PM Mar 2018

INDIANA: New Law - Must disclose past abortions or Go to Jail

Last edited Tue Mar 27, 2018, 10:44 AM - Edit history (3)



.

What the ...frigging....frug'uck!



______________LINK TO ARTICLE


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?

.......................Some Comments say the Tweet is bogus

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


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.


.......................

UPDATE


LINK to the actual Law amending (should take note of redacted)

https://iga.in.gov/legislative/2018/bills/senate/340#document-0b0b1a82

102 replies = new reply since forum marked as read
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INDIANA: New Law - Must disclose past abortions or Go to Jail (Original Post) laserhaas Mar 2018 OP
Viagra needs to be $10,000 a pop Angry Dragon Mar 2018 #1
What the fuck?!!?? backtoblue Mar 2018 #2
The law applies to doctors TREATING ABORTION COMPLICATIONS. Hortensis Mar 2018 #41
IMO, information should only be reported to the CDC, with no patient names. Ilsa Mar 2018 #69
NO state health department regulation? Hortensis Mar 2018 #81
I would be fine with that. Ilsa Mar 2018 #83
Absolutely. Btw, I read that an IN antiabortion group was Hortensis Mar 2018 #86
How is this even constitutional...? n/t PoiBoy Mar 2018 #3
It is exboyfil Mar 2018 #4
first case will go directly to court....bet on it. spanone Mar 2018 #6
Yes, and there is no way in hell it will win. Laffy Kat Mar 2018 #8
It's not. herding cats Mar 2018 #7
It's not, but I'm sure the taxpayers marybourg Mar 2018 #9
Wouldn't be the first time they did caraher Mar 2018 #20
If it was not almost pure fiction, Ms. Toad Mar 2018 #22
it's designed to provoke a legal challenge 0rganism Mar 2018 #24
the taliban christians spanone Mar 2018 #5
THIS shit is ALL rethugs have. slumcamper Mar 2018 #10
Let's hope the doctors and hospitals revolt against this insane provision. KY_EnviroGuy Mar 2018 #11
How do they expect to get around HIPAA Privacy rules? smirkymonkey Mar 2018 #85
Don't miss the point of this assholery-- it's happening all over the country... TreasonousBastard Mar 2018 #12
Yep. Theres nationwide effort to flow more abortion cases to USSC blake2012 Mar 2018 #87
And, exactly how do they plan on enforcing this???? GoCubsGo Mar 2018 #13
No quiz about how many guns I have at home though huh? Kirk Lover Mar 2018 #14
Women legislators, please respond by introducing bills to: Liberty Belle Mar 2018 #15
What a Horror Show. I left in 77 and have never looked back. BadGimp Mar 2018 #16
I left last year caraher Mar 2018 #21
It's time to boycott Indiana - AGAIN dalton99a Mar 2018 #17
Just make sure your boycott is based on the real law, Ms. Toad Mar 2018 #23
Come again? Here's detailed FACTS from the Congressionsl laserhaas Mar 2018 #55
The outrage expressed in this thread, Ms. Toad Mar 2018 #72
SMH Solly Mack Mar 2018 #18
Has anyone actually read the article? Ms. Toad Mar 2018 #19
Thanks for pointing this out! caraher Mar 2018 #25
Thank you for your post. madaboutharry Mar 2018 #27
Yes, and good grief to so many mindless responses. Hortensis Mar 2018 #42
Thank you for this!! People here choose to do no research of their own! Nt USALiberal Mar 2018 #62
Of course not Egnever Mar 2018 #94
I'm appalled at the amount of nonsense posted here as fact. n/t Ms. Toad Mar 2018 #97
That and how many never look further than a headline Egnever Mar 2018 #98
there is NO WAY you can tell a woman has had an abortion trueblue2007 Mar 2018 #26
WTF is RIGHT!! InAbLuEsTaTe Mar 2018 #28
A lot of people will be staying away from Indiana. Sophia4 Mar 2018 #29
What is it with Indiana governors? Every one of them lately is an imbecile. ooky Mar 2018 #30
The law does not require physicians to quiz their patients. Ms. Toad Mar 2018 #37
It's also an ANNUAL report, not each patient. Hortensis Mar 2018 #43
Good catch. Ms. Toad Mar 2018 #96
That won't last long. No way that's not unconstitutional bitterross Mar 2018 #31
ACLU already stated it is teviewing laserhaas Mar 2018 #46
Four observations: DFW Mar 2018 #32
Observation 0: Ms. Toad Mar 2018 #36
I looked at the article DFW Mar 2018 #39
It's not even close to an accurate description of the law Ms. Toad Mar 2018 #40
So bogus... Your doctor can ask questions.. Yes! ..BUT laserhaas Mar 2018 #59
I take it you're unaware of other similar reporting requirements? Ms. Toad Mar 2018 #63
D I S I G E N U O U S laserhaas Mar 2018 #64
You're clearly not reading carefully Ms. Toad Mar 2018 #68
Look above laserhaas Mar 2018 #74
I posted and accurately summarized the law hours ago. In my first response. At 12:51 this morning Ms. Toad Mar 2018 #89
You are disingenuous about Tweet mischaracterizing laserhaas Mar 2018 #47
The fine is on doctors for failure to comply with reporting requirements Ms. Toad Mar 2018 #65
Now that I'm at my computer: Tuberculosis. Ms. Toad Mar 2018 #90
Remember when you said property taxes weren't state and local taxes? (in reference to new tax law) CreekDog Mar 2018 #99
Obsess much? Ms. Toad Mar 2018 #100
What's the purported legitimate reason for this? Beartracks Mar 2018 #33
I guess Indpls can kiss any chance of landing the Amazon HQ2 spooky3 Mar 2018 #34
Lawsuits in MFM008 Mar 2018 #35
Click through to the article, people!!! Ms. Toad Mar 2018 #38
Hmmmm......that's not entirely true. If you Google the issue laserhaas Mar 2018 #48
First, google is not in the article. Ms. Toad Mar 2018 #70
Are you arguing ..just for sake of arguing laserhaas Mar 2018 #80
Why are you defending instead of apologizing Hortensis Mar 2018 #82
Laserhaas should also consider amending the OP before Hortensis Mar 2018 #44
Puhhlleeaassee .....You should consider getting your facts straight laserhaas Mar 2018 #49
Who goes to jai? Woman or doctor? McCamy Taylor Mar 2018 #45
It is worse than that. The Law reigns to protect privacy laserhaas Mar 2018 #53
That tweet is almost completely inaccurate. MineralMan Mar 2018 #50
You mean..mist people like you laserhaas Mar 2018 #56
For pete's sake. I read both links and there's nothing MineralMan Mar 2018 #57
Obviously, you don't "get it"...I put this in GD instead of LBN laserhaas Mar 2018 #58
Whats absurd is posting this bullshit in the first place. Egnever Mar 2018 #95
Where in the tweet does it claim Ms. Toad Mar 2018 #71
Not my Tweet laserhaas Mar 2018 #75
You chose to post it, Ms. Toad Mar 2018 #84
HIPAA, 14th Amendment, etc. ck4829 Mar 2018 #51
They want info on complications from abortions ismnotwasm Mar 2018 #52
My take-away TBA Mar 2018 #54
My guess: They are trying to "prove" that abortions are harmful Proud Liberal Dem Mar 2018 #60
Exactly... this new law states a fetus is a person from day 1 laserhaas Mar 2018 #61
What about reporting gunshot Complications to the STATE!! riversedge Mar 2018 #66
Very good point laserhaas Mar 2018 #76
Well, to be fair, that's legally required in most states metalbot Mar 2018 #92
Just NO END TO THERE BULLSHIT!!!!!!!!!!!!!!!!!! bluestarone Mar 2018 #67
Unfortunately laserhaas Mar 2018 #77
This is an attempt to connect every hysterectomy, case of ovarian mcancer, case of cervical cancer Blindingly apparent Mar 2018 #73
Hopefully, the ACLU and others will step in laserhaas Mar 2018 #78
This is what NOSE HOLDING and WHINING about a candidate does! Eliot Rosewater Mar 2018 #79
What the everloving fuck. MrsCoffee Mar 2018 #88
Our nation is in retrograde rollback of everything good laserhaas Mar 2018 #91
Time for you all to either join the ACLU or up your contribution. roamer65 Mar 2018 #93
Reply N/A. Hoyt Mar 2018 #101
The tweet in your post is incorrect in what it asserts. Demit Mar 2018 #102

backtoblue

(11,343 posts)
2. What the fuck?!!??
Mon Mar 26, 2018, 11:29 PM
Mar 2018


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)
41. The law applies to doctors TREATING ABORTION COMPLICATIONS.
Tue Mar 27, 2018, 08:03 AM
Mar 2018

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)
69. IMO, information should only be reported to the CDC, with no patient names.
Tue Mar 27, 2018, 11:19 AM
Mar 2018

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)
81. NO state health department regulation?
Tue Mar 27, 2018, 12:45 PM
Mar 2018

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)
83. I would be fine with that.
Tue Mar 27, 2018, 01:29 PM
Mar 2018

I'm interested in maintaining both safety and privacy, and the two are intertwined.

Hortensis

(58,785 posts)
86. Absolutely. Btw, I read that an IN antiabortion group was
Tue Mar 27, 2018, 01:55 PM
Mar 2018

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.

marybourg

(12,586 posts)
9. It's not, but I'm sure the taxpayers
Mon Mar 26, 2018, 11:40 PM
Mar 2018

of Indiana won't mind paying hundreds of thousands in lawyers' fees and costs to find that out.

caraher

(6,278 posts)
20. Wouldn't be the first time they did
Tue Mar 27, 2018, 01:15 AM
Mar 2018

Governor Pence wasted a lot of resources pandering to his "base" back in the day - and they are indeed "base."

Ms. Toad

(33,992 posts)
22. If it was not almost pure fiction,
Tue Mar 27, 2018, 01:17 AM
Mar 2018

it would clearly be unconstitutional.

Fortunately, it is almost pure fiction.

See my summary below.

0rganism

(23,927 posts)
24. it's designed to provoke a legal challenge
Tue Mar 27, 2018, 01:19 AM
Mar 2018

Constitutionality was never the goal, as a more "moderate" law might go unchallenged

slumcamper

(1,604 posts)
10. THIS shit is ALL rethugs have.
Mon Mar 26, 2018, 11:42 PM
Mar 2018

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)
11. Let's hope the doctors and hospitals revolt against this insane provision.
Mon Mar 26, 2018, 11:42 PM
Mar 2018

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)
85. How do they expect to get around HIPAA Privacy rules?
Tue Mar 27, 2018, 01:52 PM
Mar 2018

They can' t force providers to disclose a patient's health records if no law has been broken.

TreasonousBastard

(43,049 posts)
12. Don't miss the point of this assholery-- it's happening all over the country...
Mon Mar 26, 2018, 11:49 PM
Mar 2018

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)
87. Yep. Theres nationwide effort to flow more abortion cases to USSC
Tue Mar 27, 2018, 01:56 PM
Mar 2018

So John Roberts can slowly roll back Roe v. Wade protections.

They’ve 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.

Liberty Belle

(9,533 posts)
15. Women legislators, please respond by introducing bills to:
Tue Mar 27, 2018, 12:14 AM
Mar 2018

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.

Ms. Toad

(33,992 posts)
23. Just make sure your boycott is based on the real law,
Tue Mar 27, 2018, 01:19 AM
Mar 2018

not the fictional characterization in the tweet.

 

laserhaas

(7,805 posts)
55. Come again? Here's detailed FACTS from the Congressionsl
Tue Mar 27, 2018, 09:44 AM
Mar 2018

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.

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.

Ms. Toad

(33,992 posts)
72. The outrage expressed in this thread,
Tue Mar 27, 2018, 12:01 PM
Mar 2018

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.



Ms. Toad

(33,992 posts)
19. Has anyone actually read the article?
Tue Mar 27, 2018, 12:51 AM
Mar 2018

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.

This year's measure will require doctors, hospitals and clinics to report to the State Department of Health about a wide range of complications. That includes serious medical conditions — like kidney failure, cardiac arrest, hemorrhaging and blood clots — as well as depression, anxiety and sleep disorders.


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)
25. Thanks for pointing this out!
Tue Mar 27, 2018, 01:20 AM
Mar 2018

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)
27. Thank you for your post.
Tue Mar 27, 2018, 01:27 AM
Mar 2018

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.

 

Egnever

(21,506 posts)
94. Of course not
Tue Mar 27, 2018, 10:11 PM
Mar 2018

the funny thing is a lot of these posters think Fake news has no effect on them.

trueblue2007

(17,193 posts)
26. there is NO WAY you can tell a woman has had an abortion
Tue Mar 27, 2018, 01:22 AM
Mar 2018

10
25 40 years ago. this is unconstitutional
i would sue

ooky

(8,908 posts)
30. What is it with Indiana governors? Every one of them lately is an imbecile.
Tue Mar 27, 2018, 01:33 AM
Mar 2018

What "quiz" questions are they going to ask? What will be done with the information?

Ms. Toad

(33,992 posts)
37. The law does not require physicians to quiz their patients.
Tue Mar 27, 2018, 03:20 AM
Mar 2018

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.

Ms. Toad

(33,992 posts)
96. Good catch.
Tue Mar 27, 2018, 11:43 PM
Mar 2018

I was just doing a quick scan of the law to counter the obvious nonsense in the tweet.

 

bitterross

(4,066 posts)
31. That won't last long. No way that's not unconstitutional
Tue Mar 27, 2018, 01:43 AM
Mar 2018

The ACLU is probably waiting for the call. That has to violate the 1st and the 4th.

DFW

(54,291 posts)
32. Four observations:
Tue Mar 27, 2018, 01:43 AM
Mar 2018

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)
36. Observation 0:
Tue Mar 27, 2018, 03:16 AM
Mar 2018

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)
39. I looked at the article
Tue Mar 27, 2018, 03:26 AM
Mar 2018

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)
40. It's not even close to an accurate description of the law
Tue Mar 27, 2018, 03:42 AM
Mar 2018

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)
59. So bogus... Your doctor can ask questions.. Yes! ..BUT
Tue Mar 27, 2018, 10:09 AM
Mar 2018

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)
63. I take it you're unaware of other similar reporting requirements?
Tue Mar 27, 2018, 10:37 AM
Mar 2018

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)
64. D I S I G E N U O U S
Tue Mar 27, 2018, 10:42 AM
Mar 2018

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)
68. You're clearly not reading carefully
Tue Mar 27, 2018, 11:09 AM
Mar 2018

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.

Ms. Toad

(33,992 posts)
89. I posted and accurately summarized the law hours ago. In my first response. At 12:51 this morning
Tue Mar 27, 2018, 02:17 PM
Mar 2018
https://www.democraticunderground.com/100210418655#post19

As I said, you're obviously not reading carefully.

Read the actual law.

The tweet claims that everytime a woman seeks medical or psychological treatment, the doctors is required to quiz her about prior abortions.

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.

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.


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)
47. You are disingenuous about Tweet mischaracterizing
Tue Mar 27, 2018, 09:32 AM
Mar 2018

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)
65. The fine is on doctors for failure to comply with reporting requirements
Tue Mar 27, 2018, 10:52 AM
Mar 2018

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)
90. Now that I'm at my computer: Tuberculosis.
Tue Mar 27, 2018, 02:39 PM
Mar 2018

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.

A report shall be submitted to the department within twenty-four (24) hours of a diagnosis of tuberculosis or upon suspicion that a person has tuberculosis. This report shall contain the following information concerning the patient diagnosed with tuberculosis or suspected of having tuberculosis: Patient’s name, address and county and whether the patient is homeless; Telephone number; Sex and date of birth; Race and ethnic origin; Country of origin and the month and year the patient arrived in the United States; Occupation; Site of the disease; Chest X-ray date and its results; Specimen source, smear, nucleic acid amplification, culture and drug susceptibility test results; Tuberculin skin test history; HIV status; Whether the patient is a resident of a correctional facility; Whether the patient is a resident of a long-term care facility; Alcohol or drug use history; Initial drug regimen; Drug toxicity and monitoring records, and a listing of other patient medications to evaluate the potential for drug-drug interactions; Signature of the person submitting the report.


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)
99. Remember when you said property taxes weren't state and local taxes? (in reference to new tax law)
Wed Mar 28, 2018, 12:13 AM
Mar 2018

that was bullshit and you refused to correct it.

your credibility is thus.

Ms. Toad

(33,992 posts)
100. Obsess much?
Wed Mar 28, 2018, 12:45 AM
Mar 2018

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)
33. What's the purported legitimate reason for this?
Tue Mar 27, 2018, 01:51 AM
Mar 2018

Republicans always have a truthy-sounding talking point they can use to justify their dumbass policies and laws.

=======

Ms. Toad

(33,992 posts)
38. Click through to the article, people!!!
Tue Mar 27, 2018, 03:22 AM
Mar 2018

Once you get there, do ctrl-f for anything in the tweet. You won't find it.

 

laserhaas

(7,805 posts)
48. Hmmmm......that's not entirely true. If you Google the issue
Tue Mar 27, 2018, 09:33 AM
Mar 2018

This is the result

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.

Ms. Toad

(33,992 posts)
70. First, google is not in the article.
Tue Mar 27, 2018, 11:36 AM
Mar 2018

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).




Hortensis

(58,785 posts)
82. Why are you defending instead of apologizing
Tue Mar 27, 2018, 12:50 PM
Mar 2018

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.

 

laserhaas

(7,805 posts)
49. Puhhlleeaassee .....You should consider getting your facts straight
Tue Mar 27, 2018, 09:34 AM
Mar 2018

Before engaging in condemnation.

McCamy Taylor

(19,240 posts)
45. Who goes to jai? Woman or doctor?
Tue Mar 27, 2018, 08:15 AM
Mar 2018

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)
53. It is worse than that. The Law reigns to protect privacy
Tue Mar 27, 2018, 09:40 AM
Mar 2018

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

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.

MineralMan

(146,254 posts)
50. That tweet is almost completely inaccurate.
Tue Mar 27, 2018, 09:37 AM
Mar 2018

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)
56. You mean..mist people like you
Tue Mar 27, 2018, 09:46 AM
Mar 2018

Fact..

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
.

MineralMan

(146,254 posts)
57. For pete's sake. I read both links and there's nothing
Tue Mar 27, 2018, 09:57 AM
Mar 2018

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)
58. Obviously, you don't "get it"...I put this in GD instead of LBN
Tue Mar 27, 2018, 10:05 AM
Mar 2018

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


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.

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.



The American Civil Liberties Union of Indiana said the bill was passed "under the false guise of patient safety" and it would consider legal action.

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.

Ms. Toad

(33,992 posts)
71. Where in the tweet does it claim
Tue Mar 27, 2018, 11:44 AM
Mar 2018

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.

Ms. Toad

(33,992 posts)
84. You chose to post it,
Tue Mar 27, 2018, 01:37 PM
Mar 2018

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.

ismnotwasm

(41,965 posts)
52. They want info on complications from abortions
Tue Mar 27, 2018, 09:40 AM
Mar 2018

And ignore the many and well documented complications from pregnancy. Assholes

TBA

(825 posts)
54. My take-away
Tue Mar 27, 2018, 09:43 AM
Mar 2018

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)
60. My guess: They are trying to "prove" that abortions are harmful
Tue Mar 27, 2018, 10:09 AM
Mar 2018

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)
61. Exactly... this new law states a fetus is a person from day 1
Tue Mar 27, 2018, 10:20 AM
Mar 2018
https://www.google.com/amp/www.nwitimes.com/news/local/govt-and-politics/update-new-indiana-law-requires-all-doctors-to-quiz-women/article_6250f5f9-b0a2-5e85-a5a8-f691ff6295bc.amp.html

Fetal personhood?

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.

metalbot

(1,058 posts)
92. Well, to be fair, that's legally required in most states
Tue Mar 27, 2018, 09:44 PM
Mar 2018

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."

73. This is an attempt to connect every hysterectomy, case of ovarian mcancer, case of cervical cancer
Tue Mar 27, 2018, 12:07 PM
Mar 2018

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 women’s lives

 

Demit

(11,238 posts)
102. The tweet in your post is incorrect in what it asserts.
Wed Mar 28, 2018, 06:55 AM
Mar 2018

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.

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