The Texas Abortion Ban Hinges On 'Fetal Heartbeat.' Doctors Call That Misleading

[ShazzieB]

https://www.npr.org/sections/health-shots/2021/09/02/1033727679/fetal-heartbeat-isnt-a-medical-term-but-its-still-used-in-laws-on-abortion

The Texas abortion law that went into effect this week reads: "A physician may not knowingly perform or induce an abortion on a pregnant woman if the physician detected a fetal heartbeat for the unborn child."

The new law defines "fetal heartbeat" as "cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac" and claims that a pregnant woman could use that signal to determine "the likelihood of her unborn child surviving to full-term birth."

But the medical-sounding term "fetal heartbeat" is being used in this law — and others like it — in a misleading way, say physicians who specialize in reproductive health.

"When I use a stethoscope to listen to an [adult] patient's heart, the sound that I'm hearing is caused by the opening and closing of the cardiac valves," says Dr. Nisha Verma, an OB-GYN who specializes in abortion care and works at the American College of Obstetricians and Gynecologists.

The sound generated by an ultrasound in very early pregnancy is quite different, she says. "At six weeks of gestation, those valves don't exist," she explains. "The flickering that we're seeing on the ultrasound that early in the development of the pregnancy is actually electrical activity, and the sound that you 'hear' is actually manufactured by the ultrasound machine."

More at source: https://www.npr.org/sections/health-shots/2021/09/02/1033727679/fetal-heartbeat-isnt-a-medical-term-but-its-still-used-in-laws-on-abortion

MY COMMENTS: Of course, the "heartbeat" aspect of the new Texas law is only a tiny fraction of what's wrong with it. But I think knowing that the law is literally based on a fallacy and uses language that is both medically incorrect and deliberately misleading (like calling an embryo a fetus) puts the whole thing into an even sharper focus. I recommend clicking on the link and reading the whole article, because the amount we're allowed to post here is so limited. There is NO paywall at npr.org.

[elleng]

1. ' puts the whole thing into an even sharper focus,' and adds REAL, MEDICAL issues

to the growing legal maelstrom.

[Hugh_Lebowski]

2. So, a workaround maybe, due to sloppy language?

That would be great news.

[Srkdqltr]

3. So, obviously, they drafted this bill without contacting the doctors? Or using their input.

[Thunderbeast]

4. But they did read about it somewhere on the internet.

[Gaugamela]

5. Seems like this is a violation of the establishment clause in the first amendment. I'm no

lawyer, and very likely someone here will shoot down my argument, up if there’s no biological or medical reason for the 6 week designation, or the “fetal heartbeat” for that matter, then this law is trying to enshrine religious beliefs into law, and is therefore unconstitutional. The right to privacy prevails.

[LetMyPeopleVote]

6. The "fetal heartbeat" at the heart of TX's abortion law isn't a heartbeat

Link to tweet

[Jon King]

7. I will say it everyday until I am proven wrong, no case will be filed, ever.

I do not think the Repugs ever want an actual civil case filed. Any case filed would open up all sorts of cross suits, medical records suits, federal civil rights suits, and expose the law as a sham.

This is a scare tactic, plain and simple, to scare providers from providing the service after about 6 weeks. But if a case is ever filed, the entire mess will come crashing down in the courts.