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Post-Roe Updates and Resources

8/26/2022

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On June 24, the U.S. Supreme Court announced its devastating decision in Dobbs v. Jackson Women's Health. In a 5-1-3 opinion, the Court overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the right to abortion is not afforded in the U.S. Constitution; and furthermore, states are able to regulate abortion in whatever manner they choose. Justice Alito wrote the majority opinion, with concurrence from Justices Kavanaugh and Thomas. Chief Justice Roberts agreed with upholding Mississippi's 15-week abortion ban, but he was opposed to overturning Roe and Casey. Justices Sotomayor, Breyer, and Kagan wrote a strongly-worded joint dissent, warning that the right to contraception, same-sex intimacy, and same-sex marriage are also in jeopardy.
 
This heinous, inhumane ruling was anticipated, especially after the draft ruling was leaked, yet it was shocking to hear, nonetheless. The Roe v. Wade ruling of 1973 established the right to choose as settled law and has been the legal precedent for close to 50 years.
 
Please see the following resources for additional details about the Court ruling:
  • Dobbs V. Jackson Women's Health Organization Opinion (U.S. Supreme Court)
  • Supreme Court overturns constitutional right to abortion (SCOTUSblog). This opinion analysis piece provides an explanation of the 5-1-3 opinion.
  • The Supreme Court overturns Roe v. Wade (SCOTUSblog): A 10 minute conversation with abortion law scholar Mary Ziegler, Professor of Law at University of California, Davis, about the decision and what it means for those seeking abortion care across the country.
 
Since June 24, there has been a slew of pro- and anti-abortion legislative activity at all levels of government, as well as federal initiatives. The following resources can be used to monitor the national landscape:

  • Interactive Map: US Abortion Policies and Access After Roe (Guttmacher Institute)
  • State Legislation Tracker: Major Developments in Sexual & Reproductive Health (Guttmacher Institute)
  • After Roe Fell: Abortion Laws by State (Center for Reproductive Rights)
  • Abortion in the U.S. Dashboard (KFF)
  • Planned Parenthood’s The State of Abortion website and The State of Abortion Episodes on YouTube
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Contents

This entry includes a high volume of information. Please click on the following links to go directly to the specified content further below.
  • Pro-Abortion Legislative Activity
  • Anti-Abortion Legislative Activity
  • Federal Initiatives
  • Impacts of State Abortion Bans
  • Abortion Resources
    ​
 
Pro-Abortion Legislative Activity
 
Federal Legislation
 
When the U.S. Supreme Court announced in 2021 that it would hear Dobbs V. Jackson Women's Health Organization, U.S. lawmakers responded by introducing the Women’s Health Protection Act (WHPA) (H.R.8296 Chu / S.4132 Blumenthal) to codify abortion rights into federal law. The WHPA passed the House on July 15 by a vote of 219-210 and moved to the Senate. The likelihood of passage in the Senate is unpromising, as the bill has already been blocked from advancing twice.
 
On August 1, U.S. Senators Kaine, Murkowski, Sinema, and Collins announced the introduction of a “compromise” bill called the Reproductive Freedom for All Act, which establishes a right to abortion up to the point of viability. Post-viability abortion is permitted to protect the health of the pregnant person. The bill includes exemptions for health care providers with religious objections, protects access to contraceptives, and allows states to institute restrictions on post-viability abortion that are within reason without jeopardizing the health or life of the pregnant person. U.S. Senator Kaine stated that he sought to find common ground in order to protect abortion rights on the national level. NARAL Pro-Choice America issued a statement that the legislation is inadequate and does not address our “abortion rights and access crisis.”
 
State Legislation
In New York, there have been impressive legislative efforts on the State and City levels. When the draft Supreme Court opinion was leaked on May 2, BPCLC members took immediate action to fortify abortion rights and access in New York State. As a result of your dedication and hard work, we were able to pass the following legislation during the Regular and Extraordinary Sessions:
  • Equality Amendment (S.51002 Stewart-Cousins/A41002 Seawright): This bill will amend the NYS constitution by adding ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy to existing protections against discrimination based on race, color, religion, or creed. The Equality Amendment must pass the Assembly and Senate once more in 2023 and will then be placed on the ballot for New Yorkers to caste their vote on the measure.
  • Freedom from Interference with Reproductive and Endocrine Health Advocacy and Travel Exercise Act (S.9039A Biaggi/A.10094A Burdick): Protects the rights of individuals seeking reproductive and endocrine care in New York State. It creates a civil cause of action for patients, providers, and others who face legal liability in other states for accessing or facilitating protected healthcare in New York.
  • Extradition and Discovery Non-Cooperation (S.9077A Krueger/A.10372A Lavine): Forbids New York from cooperating with out-of-state legal cases involving abortion except in limited circumstances; specifically, cooperating with requests for extradition, honoring a subpoena request, and NYS law enforcement officers making arrests or assisting with other states’ criminal investigations related to lawful abortion services provided in NYS are prohibited.
  • Prohibiting Medical Misconduct Charges for Performing Reproductive Health Care (S.9079B Kaplan/A.9687B Rosenthal): Prohibits professional misconduct charges against licensed medical professionals for providing legal abortion and reproductive health services to patients who reside in states where such services are illegal.
  • Protection of Malpractice Coverage (S.9080B Hinchey/A.9718B Rosenthal): Prohibits medical malpractice insurers from taking adverse action against a healthcare provider in New York State for performing legal healthcare reproductive services, protecting providers and ensuring that people can safely access abortion and related services in New York State.
  • Address Confidentiality Program (S.9384A Cleare/A.9818A Paulin): Expands the eligibility of the Address Confidentiality Program to include reproductive health care services providers, employees, volunteers, pat
  • Study of the Impact of Limited Service Pregnancy Centers (S.470 Hoylman/A.5499 Glick): Directs the Commissioner of Health to assemble a task force to study and issue a report examining the unmet health and resource needs facing pregnant people in New York State and the impact of limited service pregnancy centers on the access and quality of care pregnant people receive.
 
Thank you to the bill sponsors for carrying this important legislation and to all of you for your support in getting the legislation passed!
 
As was acknowledged at the end of session, there will be additional legislative and policy issues to address in 2023 as the national landscape continues to evolve with the enactment of increasingly inhumane anti-abortion laws. Some of these areas could include:

  • Protecting Access to Clinics (Guttmacher Institute)
  • Crisis Pregnancy Centers (NIH)
  • Data privacy protection (AP News)
  • Abortion provider training (Obstetrics & Gynecology)
  • Protecting access to contraceptives, including emergency contraception (American Progress)
  • Criminalization of Self-Managed Abortion (If/When/How)
  • Anti-criminalization of pregnancy (National Advocates for Pregnant Women)
  • Public and college university student access to abortion (Brookings)
  • Insurance Coverage of Abortion (Guttmacher Institute)
  • Telehealth medication abortion (Today) and Protecting NYS-licensed telehealth abortion providers delivering abortion services across state lines (Politico)
 
Regarding protecting telehealth abortion providers, there is great interest in making abortion as accessible as possible for people living in states with abortion bans, while protecting NYS abortion providers from facing criminal charges, including murder. Providing telehealth medication abortion services across state lines would go a long way in expanding access to abortion care. We have not heard about a clear pathway to protecting these abortion providers from extradition and prosecution, however, due to complications surrounding the legal question of provider “presence,” interstate telehealth regulations, Full Faith and Credit and Federal Extradition Clauses, and the current composition of the U.S. Supreme Court. Reproductive rights advocates and legal professionals continue to research these issues and look for viable solutions.
 
As your offices prepare for the 2023-2024 Legislative Session, we would like to share some reproductive rights legislative resources that have come to our attention:

  • Liberate Abortion Policy Recommendations and Strategies: This is a list of policy recommendations and strategies for how pro-choice states can work to strengthen and expand abortion rights and access.
  • A Legislator’s Guide to Confronting Pregnancy Criminalization (National Advocates for Pregnant Women)
  • The Economic Consequences of Being Denied an Abortion (National Bureau of Economic Research)
  • When Fetuses Gain Personhood: Understanding the Impact on IVF, Abortion, Criminal Law, Tort Law, Child Custody, and Beyond (National Advocates for Pregnant Women)
  • Harming Fathers: How the Family Court System Forces Men to Regulate Pregnancy (National Advocates for Pregnant Women)
  • How Companies Can Strengthen Reproductive Health Care (Rhia Ventures)
  • Abortion’s Interoperability Trap: How the Law of Medical Records Will Facilitate Interstate Persecution of Contested Medical Procedures, and What to Do about It (SSRN)
  • Pregnancy Centers and The Limits of Mandated Disclosure (Columbia Law Review): A law review article on ways to avoid unconstitutionality in the process of restricting crisis pregnancy centers at the state level.
  • Maryland Abortion Care Access Act (HB 937): Establishes the Abortion Care Clinical Training Program in the Maryland Department of Health to ensure that there are a sufficient number of health professionals to provide abortion care. Imposes a mandated appropriation in the annual State Budget Bill.
  • Maryland’s Contraceptive Equity Act (HB1005): Passed in 2016, this bill required oral contraceptives to be over the counter and included other provisions to increase access to contraception. Bill overview provided by Ibis Reproductive Health
  • 2022 California Legislative Women’s Caucus Reproductive Justice Policy Priority Package
  • Colorado’s Reproductive Health Equity Act: Concerning the codification of a person's fundamental right to make reproductive health-care decisions free from government interference
  • Massachusetts Beyond Roe: An agenda for Abortion Access and Reproductive Equity. Bill language (H5090, Chapter 127)
  • California Privacy Bill (AB 2091): Establishes requirements to protect the private information of individuals who seek or consider an abortion. Contains an urgency clause that will make this bill effective upon enactment.

City Legislation
Following in the footsteps of the NYS Legislature, members of the New York City Council also worked quickly to pass the following abortion rights and access legislation, which was signed into law on August 12:
  • Int 0465-2022  Cabán: Report on the provision of medical services related to reproductive health care.
  • Int 0466-2022 Cabán: Prohibiting the use of city resources to enforce abortion restrictions. 
  • Int 0474-2022 Hanif: A Local Law to amend the administrative code of the city of New York, in relation to a public information and outreach campaign regarding safe access to reproductive health care.
  • Int 0475-2022 Hanif: Cause of action related to interference with reproductive or endocrine medical care.
  • Int 0506-2022 Rivera: A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of consumer and worker protection to implement an outreach and education campaign on facilities that deceptively advertise or are otherwise misleading when offering reproductive health services.
  • Int 0507-2022 Rivera: Requiring the department of health and mental hygiene to make medication abortion available at no cost to a patient at its health clinics.
 
The NYC Council also voted to pass the following Resolutions:
  • Res 0195-2022 Brewer: The Reproductive Freedom and Equity Program (S.9078/A.10148A)
  • Res 0196-2022 Brooks-Powers: Allow out-of-state physician s to provide reproductive health services in this state while awaiting full licensure. (S.9137/A.10356)
  • Res 0197-2022 Cabán: Declaring New York City a safe city for all those in need of abortion-related care.
  • Res 0200-2022 Menin: Declaring January 22, 2023 as Roe v. Wade Day in the City of New York to commemorate the 50th anniversary of the landmark United States Supreme Court decision.
  • Res 0245-2022 Public Advocate Williams: United States Senate to pass and the President to sign the Women’s Health Protection Act.
 
For more information and to hear discussion on these bills and resolutions, you can view recordings of the NYC Council Committee on Women and Gender Equity hearing, the  Committee vote on most of the legislative initiatives, a full Council vote, and the enactment of the 6 bills. To view bill/resolution language and actions, please click on the above legislative links.
 
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Anti-Abortion Legislative Activity
 
Federal Legislation
There have been calls for a national abortion ban over the years, as well as since the Supreme Court ruling was announced. U.S. Representatives who seek to ban abortion are weighing in on existing bills as well as deliberating how far to go in their efforts to block access to abortion care should the GOP achieve a majority in the House next year and win the presidency in 2024.
 
The following list of select anti-abortion legislation criminalizes abortion providers and other staff who violate bill provisions; establishes that the right to life begins upon fertilization; does not align with current medical research; defies standards of medical practice; and is inhumane.

  • Heartbeat Protection Act of 2021 (H.R. 705): This bill would require providers to determine if there is a fetal “heartbeat” and to inform the pregnant person. Abortion would be prohibited if a fetal heartbeat is detected. Exceptions would be provided for abortion that is necessary to save the life of the pregnant person “whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition.” Providers would be subject to criminal penalties for violations, including a fine and/or up to 5 years in prison.
  • Pain-Capable Unborn Child Protection Act (H.R. 1080/S.61): This bill would criminalize performing, or attempting to perform, abortions if the “probable post-fertilization age of the fetus is 20 weeks or more.” Criminal penalties would include a fine and/or prison sentence of up to 5 years. Exceptions would be made if an abortion was necessary to save the pregnant person’s life or if the pregnancy resulted from rape or incest.
  • Life at Conception Act (H.R. 1011/S.99): This bill would establish that the right to life enshrined in the constitution begins from the moment of fertilization.
  • Born-Alive Abortion Survivors Protection Act (H.R. 619/S.123): This bill would establish requisite care that health care practitioners must provide to children “born alive following an abortion or attempted abortion.” Health care providers and other staff would be mandated to report failure to meet standards of care. Criminal penalties would include a fine and/or up to 5 years in prison. Provisions would also subject a person who killed or attempted to kill a baby born alive to prosecution for murder. The pregnant person would not be subject to prosecution, but would be able to file a civil action for violations.
 
If enacted, these bills would have drastic implications for reproductive rights, gender equality, and access to abortion and reproductive health care nationwide. Furthermore, as reported by National Advocates for Pregnant Women (NAPW), establishing fetal personhood has significant ramifications for Assisted Reproductive Technology (ART) services, access to contraception, medical treatment, criminal law, child support, and other areas (please see the NAPW issue brief for details).
 
State Legislation
Since the U.S. Supreme Court announced its ruling, a variety of anti-abortion state legislative activity has come into play, including: trigger bans, pre-Roe bans, previously enjoined anti-abortion laws, and new anti-abortion laws.
 
Prior to Roe v. Wade being overturned, 13 states had trigger bans in place - previously enacted laws banning abortion that would take effect automatically or following a state action once Roe ceased to be the law of the land. These states include Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming (see this Guttmacher Institute article for additional details).
 
In addition to trigger bans, 9 states have had abortion bans in place since before the Roe v. Wade ruling in 1973: Alabama, Arizona, Arkansas, Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin. As of August 1, the Michigan and Texas bans were not in effect due to being temporarily and permanently enjoined, respectively, by court order. These abortion bans have not been enforced, but that could change (see this Guttmacher Institute article for additional details).
 
The national abortion landscape is rapidly changing as anti-abortion states work on activating the heinous abortion bans and restrictions they already had in place, as well as introducing new and increasingly inhumane legislation. As of August 17, 44 states do not allow abortion beyond a certain point of pregnancy (some of which provide exceptions), ranging from 9 states that prohibit abortion after conception to 17 states that do not permit abortion after 24 weeks of pregnancy, including New York (exceptions include if the pregnant person’s health or life are at risk, or if the fetus is not viable) (see this Guttmacher Institute article for additional details).
 
To help guide new anti-abortion legislative initiatives, the National Right to Life Committee developed a Post-Roe Model Abortion Law document, which includes suggested provisions for how to prohibit abortion to the greatest extent possible. This document contains charged language, however, it is useful to be aware of when drafting abortion rights and protections legislation to help identify potential gaps.
 
For timely news on reproductive rights, the following are several individuals who regularly tweet abortion rights updates:

  • Kate Smith: @byKateSmith
  • Elizabeth Nash: @ElizNash
  • Jessica Mason Pieklo: @Hegemommy
  • Imani Gandy: @AngryBlackLady
  • Abortion Access Front: @AbortionFront
 
It is anticipated that anti-abortion state legislative and policy agendas may also seek to ban telehealth medication abortion and/or medication abortion, criminalize self-managed and extraterritorial abortions, establish fetal personhood, prohibit access to contraception, including emergency contraception, prohibit insurance coverage of abortion care where possible, and increase the number of crisis pregnancy centers.
 
We will continue to monitor emerging trends in anti-abortion legislation to ensure that we know what types of protections are necessary for abortion providers, helpers, and patients
 
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Federal Initiatives

The Biden-Harris Administration has called for passage of federal legislation to legalize abortion nationwide. Recognizing that there are not enough votes in the U.S. Senate to pass the Women’s Health Protection Act of 2022, President Biden has exercised Executive Authority to implement the following measures to protect abortion rights and access, and to protect women’s right to emergency reproductive health care services.

  • The President’s Executive Order Protecting Access to Reproductive Health Services: On 7/8/22, the President issued an Executive Order outlining actions to safeguard access to reproductive health care services, including abortion and contraception; protect the privacy of patients and their access to accurate information; promote the safety and security of patients, providers, and clinics; and coordinate the implementation of Federal efforts.
  • Protecting Emergency Medical Care: On 7/11/22, HHS issued guidance affirming that the Emergency Medical Treatment Active Labor Act (EMTALA) protects providers that offer abortion services in emergency situations. Secretary Becerra also issued a letter to providers making clear that federal law preempts state law restricting access to abortion in emergency situations.
  • Guidance to Retail Pharmacies: On 7/13/22, HHS issued guidance to roughly 60,000 U.S. retail pharmacies to remind them of their obligations under federal civil rights laws to ensure access to comprehensive reproductive health care services. The guidance makes clear that as recipients of federal financial assistance, pharmacies are prohibited under law from discriminating on the basis of race, color, national origin, sex, age, and disability in their programs and activities.  This includes supplying medications; making determinations regarding the suitability of a prescribed medication for a patient; and advising patients about medications and how to take them.
  • DOJ Reproductive Rights Task Force: On 7/12/22, the DOJ announced a Reproductive Rights Task Force, which will monitor and evaluate state and local actions that infringe on federal protections relating to the provision or pursuit of reproductive care, impair women’s ability to seek reproductive care where it’s legal, impair individuals’ ability to inform and counsel each other about the reproductive care that is available in other states, ban medication abortion, or impose criminal or civil liability on federal employees who provide legal reproductive health services.
  • Protecting Privacy and Sensitive Health Data
  1. The FTC: On 7/12/22, the FTC committed to fully enforcing the law against illegal use and sharing of highly sensitive data, including location and health information contained in fertility and period tracking data. The FTC urged companies to consider that sensitive data is protected by numerous state and federal laws, claims that data is “anonymous” are often deceptive, and the FTC has a track record of cracking down on companies that misuse consumer data.
  2. HHS: On 6/29/22, HHS issued guidance to address how the HIPAA Privacy Rule protects the privacy of individuals’ protected health information, including information related to reproductive health care. The guidance helps ensure doctors and other medical providers and health plans know that, with limited exceptions, they are not required – and in many cases, are not permitted – to disclose patients’ private information, including to law enforcement. HHS also issued a how-to guide for consumers on steps they can take to make sure they’re protecting their personal data on mobile apps.
  • Defending the Right to Travel: On 6/24/22, President Biden reaffirmed the Attorney General’s statement that women must remain free to travel safely to another state to seek the care they need. President Biden committed his administration to defending “that bedrock right.”
  • Calling for the Establishment of Abortion Rights into Federal Law: President Biden continues to call on Congress to codify the right to abortion into federal law. On 6/30/22, the President said he would support changing the filibuster rules to codify Roe v. Wade into law. On 7/12/22, the White House released Statements of Administration Policy on H.R. 8296 – Women’s Health Protection Act of 2022 and H.R. 8297 – Ensuring Access to Abortion Act of 2022.
  • ReproductiveRights.gov: The Administration launched ReproductiveRights.gov, a website on people’s right to access reproductive health care, including birth control, abortion services, other preventive health services, and health insurance coverage.
 
As this BPCLC update is being drafted, Texas already sued the U.S. Department of Health and Human Services over the EMTALA guidance, which directs health care facilities to provide emergency care to people who are experiencing pregnancy complications or who are having a miscarriage, even if it means performing a D&C. On August 23, a federal district judge in Texas issued a preliminary injunction against the EMTALA guidance, allowing pregnant people to be denied emergency reproductive health care services. It is clear that abortion rights and access to abortion care must be codified into federal law, but the pathway to achieve that goal is uncertain.
 
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Impacts of State Abortion Bans
 
It goes without saying that the slew of state abortion bans being enacted, as well as trigger laws being activated, will increase rates of unplanned pregnancy, including teen pregnancy, and maternal mortality and morbidity; place abortion providers, helpers, and patients at increased risk of being criminalized; and cause increased poverty among individuals and families. The harmful ramifications of these state bans, however, are far more widespread, including the ones described below.
 
Impacts on Access to Abortion Training
Abortion training is provided as part of OB/GYN residency programs, for hospital and clinic staff in some facilities, and certain clinics may host providers seeking clinical training. Abortion training may include medication abortion, other early abortion procedures, and later abortion procedures.
 
The Accreditation Council for Graduate Medical Education (ACGME) sets standards for OBGYN residency programs across the U.S., including requirements for abortion training (surgical and medical, including medication abortion). An estimated 44% of OBGYN residency programs are located in states that will have abortion bans.
 
It is essential that OBGYN residency programs include training in performing abortion procedures, even in states where abortion is illegal. ACGME is asking those states to support residents in getting this training in other states. If residents cannot travel, ACGME is asking states to provide didactic activities, including simulation, and assessment on performing a uterine evacuation (surgical and medical). The concern is that a percentage of OBGYN residents will learn how to perform abortion procedures, but will not have gained hands-on experience during their residency.
 
ACGME is currently working on updating their Program Requirements for Graduate Medical Education in Obstetrics and Gynecology accordingly. Draft changes can be viewed here.
 
The number of individuals who seek later abortions is relatively small – approximately 1% of abortions are performed after 20 weeks of pregnancy and 0.1% are performed after 24 weeks of pregnancy. It is anticipated that these percentages may go up due to pregnant persons having greater difficulty accessing early abortion procedures.
 
The number of abortion providers who perform later abortions, as well as availability of later abortion training are both sources of concern. There are 11 clinics in the U.S. that provide later abortion services after 24 weeks of pregnancy. There is not as much readily available information online about later abortion training; it is believed that abortion providers receive training at host clinics where the procedures are performed. Administrative matters are presumed to be more complex for later abortion providers, including obtaining medical malpractice insurance and necessary security.
 
Please see the following articles and resources for additional details:
  • Dobbs decision will rob many medical students of essential abortion training (Stat)
  • Many Residents Won’t Get Abortion Training if Roe Is Overturned (UCSF)
  • Enablers of and Barriers to Abortion Training (National Library of Medicine)
 
Impacts on Access to Emergency Reproductive Health Care and Medications
Immediately following the overturn of Roe, there was an increase in cases reported of pregnant people being refused emergency care for pregnancy complications and miscarriage management, as well as pharmacists refusing to fill prescriptions for certain medications.
 
Pregnancy comes with many health risks, such as the potential for ectopic pregnancy, preeclampsia, infections, postpartum hemorrhages, high blood pressure, gestational diabetes, and miscarriage. Conditions such as these can threaten a pregnant person’s health or life, and require immediate treatment, which may include a D&C or abortion-related medication. State abortion bans have caused health care providers to turn away patients experiencing pregnancy complications unless their health or life is at risk, to deny treatment of ectopic pregnancy unless the fallopian tube bursts, and to require multiple sonograms before determining that performing a D&C can be justified for purposes of miscarriage management (see Washington Post article Confusion post-Roe spurs delays, denials for some lifesaving pregnancy care and Vox article A pregnancy turns deadly in an anti-abortion state. What happens next?).
 
The problem extends to prescription medications as well; specifically, medications that may be prescribed for pregnancy termination or pre- and post-abortion care (such as postpartum hemorrhages), and that are also prescribed to treat other health conditions such as stomach ulcers, chemotherapy, arthritis, and lupus (see Slate article Abortion Bans Are Already Messing Up Access to Other Vital Meds). Pharmacists fear that they will face a hefty fine or lose their license to practice if they fill a prescription and are accused of aiding and abetting abortion care. CVS sent a memo to pharmacies in states where there could be criminal liability for dispensing an “abortion-inducing drug” in order to induce abortion; pharmacists were instructed to fill prescriptions for Methotrexate or Misoprostol only after confirming the medication was not prescribed to cause an abortion (see TNR article After Roe’s Repeal, CVS Told Pharmacists to Withhold Certain Prescriptions).
 
State abortion bans send the following message loud and clear: fetal rights are more important than maternal rights and maternal health does not matter. These bans also pose a very challenging dilemma for health care providers: whether to honor the professional ethics they have sworn to follow in their practice of medicine and provide the medical care that people need, or risk facing hefty fines, criminal charges, and/or loss of their license to practice medicine.
 
Impacts on Assisted Reproductive Technology (ART)
As the field of reproductive endocrinology has continued to make advances, more individuals and couples turn to ART for help with building their families. In addition to impacts on abortion training and receiving emergency reproductive health care and medications, state abortion bans also infringe upon fertility treatment practices, causing uncertainty and concern about the implications for ART services.
 
Upon release of the draft Supreme Court ruling on Dobbs, the American Society for Reproductive Medicine (ASRM) stated that overturning Roe v. Wade would have the potential to decrease access to ART treatment and the number of healthy babies being born (see  ASRM statement). Specifically, state abortion bans may impact IVF (by establishing fetal personhood or including language that life starts once fertilization occurs), which is utilized by people who are trying to get pregnant, as well as with surrogate pregnancy (gestational surrogacy); preimplantation testing (PGT); and pregnancy management that could be involved with gestational surrogacy (pre-natal testing, selective reduction, and pregnancy termination) (for additional details, see The Supreme Court Overturns Right to Abortion, Raising Questions and Uncertainties for ART Patients and Providers).
 
To learn more about the different ways that state abortion bans may impact ART services, the following is a list of resources:

  • ASRM held a Townhall Webinar for members, “Dobbs: The Decision, Potential Impact, and Your Role in the Fight to Protect Reproductive Rights,” which can now be viewed by the general public upon registering for a free ASRM account. To view the webinar, please follow these steps: 1) Go to this website and click “Create Account.” Follow prompts to complete the process; 2) Go to this web page and click “Login Required” to login and register for the webinar to be added to your ASRM Academy courses; and 3) Upon registering for the webinar, click the webinar link on the My Courses page to view the Townhall.
  • Roe v Wade and the Threat to Fertility Care (Obstetrics & Gynecology)
  • Not just abortion: How the demise of Roe v Wade may impact fertility care (Contemporary OB/GYN)
  • What Could Happen To IVF In A Post-Roe V. Wade World: Listen to Dr. Marcelle Cedars on the June 17th episode of Science Friday in the segment
  • The Demise of Roe versus Wade: Potential Impact on Fertility Care (ASRM Today Podcast)
  • The Dobbs Decision (ASRM Today Podcast)
  • Fertility Doctors Move Embryos, Expecting Abortion Law Changes (WSJ)
 
Webinars that Address Concerns and Impacts of State Abortion Bans
  • Breaking the Law or Breaking the Oath? How Abortion Bans Betray America’s Patients and Physicians, June 29 (ACOG): This webinar, cosponsored by the New York University Grossman School of Medicine, brought leading physician, legal, and ethicist voices together to discuss how the Dobbs decision betrays America's patients and physicians—and asks physicians to be complicit by betraying their patients as well. While it's difficult to anticipate the reach and effects of the oncoming wave of abortion bans and restrictions, panelists discussed how clinicians must prepare themselves mentally for the changes they will be forced to make and provide ideas on how the medical community can bring the most ethical and comprehensive care possible to patients. Watch a Recording of the Webinar
  • What Will Post-Roe Medical Care Look Like? A Times Event, July 21 (NY Times): Lulu Garcia-Navarro of Times Opinion was joined by health care providers in states where abortion is or could soon be banned to discuss the impacts of the Supreme Court ruling on medical care. Watch a Recording of the Webinar
  • Medication Abortion in a Post-Roe v. Wade America, July 20 (KFF): On Wednesday, July 20th, a panel of experts joined series moderator Larry Levitt in a 45-minute discussion about the use and safety of medication abortion and the current and future policy and practical challenges for accessing it across the country. Watch a Recording of the Webinar
  • Confronting Pregnancy Criminalization Guide, June 23 (NAPW): With the end of Roe near, we must arm practitioners across multiple disciplines with the necessary tools and strategies to confront the criminalization of all pregnancy outcomes, including abortion. That's why we're launching Confronting Pregnancy Criminalization, a practical guide for prosecutors and police, defense attorneys, child welfare workers, healthcare providers, medical examiners, and policymakers. Watch a Recording of the Webinar and View the Guide
 
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Abortion Resources

About Abortion
  • Glossary - Abortion Bans, Restrictions and Protections: From TRAP laws to trigger bans and beyond, this glossary will familiarize you with terms used in discussing abortion restrictions and protections and related legal terms. This resource was developed by the Center for Reproductive Rights.
  • Basic information about self-managed abortion and its criminalization: Abortion On Our Own Terms-Self-Managed Abortion
  • Video Explainer from Physicians for Reproductive Health: Ectopic Pregnancy vs. Abortion
  • Video on medication abortion: https://sixrepro.org/resource/medication-abortion-care-101/
  • WhoNotWhen.com: A people-centered resource for understanding abortions later in pregnancy
  • Later Abortion Initiative: This website includes fact sheets, research, and a list of providers for people who are seeking abortion care after 24 weeks of pregnancy. 
 
Access Abortion and Support
  • Find a Verified Abortion Provider: Search this national directory of trusted and verified abortion service providers nationwide.
  • INeedAnA.com: Search this website directory for abortion providers and support organizations that provide assistance with funding, travel, lodging, childcare, and more.
  • In New York City, visit NYC Health + Hospitals
  • In New York State, visit The Book of Choices
  • If you are looking for abortion services after 24 weeks:
o   Visit the Later Abortion Initiative
o   Call the National Abortion Federation Hotline: 1877-257-0012
o   List of Abortion Care Providers after 24 Weeks
  • National Abortion Federation’s Find a Provider
  • Abortion on Our Own Terms: A clearinghouse of information about how to access surgical and medication abortion in a clinical or non-clinical setting.
  • How to access medication abortion in a non-clinical setting:
o   Medication Abortion: Safe and Supported,
o   Plan C,
o   the Euki app,
o   Women on Web, and
o   Aid Access
  • A hotline staffed by doctors for people self-managing their abortion or experiencing a miscarriage: M+A Hotline
  • Counseling: A nonjudgmental text and call line for post-abortion support: Exhale
  • Spiritual Resource: A pro-choice spiritual companion for before, during, and after abortion: Abortions Welcome
  • The Doula Project: Self-Care for Before, During and After Your Abortion
 
Abortion Rights
  • Know Your Rights: Reproductive Health Care: This U.S. Health and Human Services website includes information on your right to emergency care, birth control, medication, access abortion services, and access other preventive health services, as well as resources if you do not have health insurance coverage. There is also information on how to file a complaint if you believe your civil rights on health information privacy rights have been violated, or if you think your patient privacy has been violated.
  • Abortion in New York State: Know Your Rights
  • NYS Attorney General’s Pro Bono Task Force for Reproductive Health: This website has information on abortion rights, as well as abortion resources, including a free abortion hotline that is available in 12 languages. The hotline is intended to provide “know your rights,” legal information, and referrals to New Yorkers seeking an abortion, patients seeking abortion in New York, people and organizations providing material support to these patients (money, transportation, lodging), and New York health care providers.
  • Where to go for legal questions regarding medication abortion: If/When/How
 
Avoid Fake Clinics
  • Pro-Truth NY Fake Clinic Map
  • NIRH Research Report: Crisis Pregnancy Centers
  • File a Complaint about a Fake Clinic in NYC: New York City law requires fake clinics to post a sign in English and Spanish that states they do not have a medical provider on site and do not provide abortion care. If you encounter a fake clinic without this sign posted in English and Spanish, you can file a complaint online or by calling 311.
 
Help with Paying for Abortion
  • National Network of Abortion Funds: The National Network of Abortion Funds helps to connect individuals with organizations that can support financial and logistical needs involved with having abortion.
  • Apiary: The Apiary website lists national, regional, and state organizations that provide practical support to people seeking abortions, including financial, travel, and lodging and logistical support.
  • New York Abortion Access Fund, or call its hotline at 212-252-4757
  • Brigid Alliance provides help with travel expenses. You can make an appointment at one of their partner clinics to access this help.
  • Haven Coalition provides help with overnight lodging for those who have to travel to New York City for an abortion. You can make an appointment at one of their partner clinics.
  • Rhia Ventures #WhatAreYourReproBenefits Database: A roundup of the corporations who are leading the way in bringing more transparency to abortion care coverage in the private sector.
 
Protecting Health Data Privacy
  • HHS: Protecting the Privacy and Security of Your Health Information When Using Your Personal Cell Phone or Tablet
  • Keep Your Abortion Private & Secure (Digital Defense Fund): Visit this website for suggestions on how to keep your abortion private and secure by protecting online data.
 
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