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Texas law, sonogram and 24-hour wait prior to abortion

Women in Texas learned yesterday that Governor Rick Perry signed a bill into law that will mandate they undergo a sonogram prior to them having an abortion.

There is a 24 hour waiting period after the sonogram is performed prior to a woman being allowed to have the abortion procedure. In addition to undergoing the sonogram, women seeking to terminate a pregnancy must listen to their doctors describe the image, explaining the size of the embryo or fetus and the presence of organs and limbs. Doctors have to offer to allow the women to hear the fetal heartbeat but the new Texas law left that off the mandatory list of requirements.

An early version of the bill, introduced in the Texas House of Representatives went further than the law just signed by Governor Perry. The Houston Chronicle reported that the Texas Senate and House were at war over differing versions of the bill, with the House's iteration being more stringent.

Under the early draft supported and ultimately passed through the House of Representatives, women also would be expected to view the fetal image from the sonogram, not just listen to a description by the doctor. They would required to hear the heartbeat rather than responding in the affirmative to an offer from the doctor.

Each branch of the Texas legislature was adamant about its own version of the bill. State Sen. Dan Patrick, R-Houston, expressed frustration with his House counterparts, reported the Chronicle, "The House bill, as written, will not pass the Senate," he said. While the sponsor of the House bill, Rep. Sid Miller, R-Stephenville, replied, "I can tell you for absolute certain the Senate bill would not pass the House, because it didn't," he said.

More moderate language was added to the House drafted bill to include room for those who became pregnant through an act of rape or incest, in addition to women whose fetus is seriously deformed to be spared the necessity of hearing their physician describe the fetal shape from the sonogram.

Whether a woman can afford a sonogram under a health care policy or without one entirely doesn't seem to have been part of the debate. The Austin Statesman reported that 25% of the state lives without health insurance. "Our employer-sponsored coverage has never been as broad as you find in other states because we have not just more small businesses but more people who work in small businesses," said Albert Hawkins, Texas' health and human services executive commissioner.

The debates in the legislature got so intense that physical props were used to demonstrate the instrument used in the course of a sonogram. Reuters reported that, Democratic state Representative Carol Alvarado wielded a trans-vaginal probe used for sonograms early in pregnancy. She said to her fellow House members, "This is government intrusion at its best.''

Governor Perry thought the issue was very important to address early in his term. So much so that he fast-tracked the legislation

Image credit: Wikimedia Commons

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