OK law--women's abortion information to be made public (37 questions)

[niyad]

I notice that even though rachel covered this last night, nobody has mentioned it here.

New Oklahoma law will publicy post details of women’s abortions online.
On Nov. 1, a law in Oklahoma will go into effect that will collect personal details about every single abortion performed in the state and post them on a public website. Implementing the measure will “cost $281,285 the first year and $256,285 each subsequent year.” Here are the first eight questions that women will have to reveal:

1. Date of abortion
2. County in which abortion performed
3. Age of mother
4. Marital status of mother
(married, divorced, separated, widowed, or never married)
5. Race of mother
6. Years of education of mother
(specify highest year completed)
7. State or foreign country of residence of mother
8. Total number of previous pregnancies of the mother
Live Births
Miscarriages
Induced Abortions

Although the questionnaire does not ask for name, address, or “any information specifically identifying the patient,” as Feminists for Choice points out, these eight questions could easily be used to identify a woman in a small community. “They’re really just trying to frighten women out of having abortions,” Keri Parks, director of external affairs at Planned Parenthood of Central Oklahoma, said. The Center for Reproductive Rights is challenging the law, arguing that “it violates the Oklahoma Constitution because it ‘covers more than one subject’ — a challenge that previously worked to strike down an abortion ultrasound law.”

,,,,

http://thinkprogress.org/2009/10/08/oklahoma-abortion-online/

[MH1]

1. GMTA - I posted 3 minutes before you did

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6735023

you have more info in your post than mine does, but I included the link to the text of the bill - here it is:

http://www.sos.state.ok.us/documents/Legislation/52nd/2009/1R/HB/1595.pdf

Appalling is not even the word ...

:banghead:

[niyad]

4. thanks, my internet is giving me fits right now

[MH1]

5. Well I'm glad you posted

There's at least 243 threads about Obama winning the Nobel Peace Prize (nice, but how does it change anyone's life?) and now there are all of 2, count them TWO, threads about this unbelievable intrusion of privacy that legislators in Oklahoma support and their useless governor actually signed into law.

[CrispyQ]

8. And I'm giving it a K&R because of that!

This is appalling legislation. :grr: :grr: :grr:

[nebenaube]

2. HIPPA VIOLATION! n/t

[michreject]

7. I don't know

No names mentioned.

[northernlights]

18. doesn't matter that names aren't mentioned

If you can guess who the person is, or figure it out from the description, it's a violation of patient confidentiality. Was just tested on that in my Med Lab Tech program last week.

[Kalyke]

19. But, if a patient can be identified by the information released - because

she lives in a small community, for example - then it is a violation of HIPPA, de facto.

[niyad]

29. and the reality that this law essentially paints a target on these women--

they are already being stalked at clinics--and, in some states, DMV workers are giving names and addresses to their anti-choice, woman-hating cohorts to harass these women, and the staff.

Dr. Tiller, anyone?

[donco6]

43. How could this not violate HIPAA?

If it's identifiable - even without the name - it cannot be made public.

[dixiegrrrrl]

53. Excellent catch. Yes, sure is.

I expect lawsuits very very soon.

[Toucano]

66. Isn't it HIPAA?

Health Insurance Portability and Accountability Act?

[MH1]

3. Not just frighten women

consider the added cost and hassle for the medical provider.

It is incredibly invasive and overburdening. As I said in my own op, what if a similar questionnaire were required of ALL medical procedures?

[classof56]

6. I haven't seen all the questions, but I'm curious...

Is there any reference and request for information at all about the male who impregnated the "mother"? Seems like the powers that be have no interest in that fact.

As for this new "law"--yeah, as others have stated, appalled does not begin to articulate my reaction.

Ex-Okie

[MH1]

9. you can see them all here:

http://www.sos.state.ok.us/documents/Legislation/52nd/2009/1R/HB/1595.pdf

starting on page 8.

I don't see anything about the father except in question 15. Oh yeah, do read question 15, and I think you'll go even further beyond appalled.

[lukasahero]

12. Holy f*ck

"Beyond appalled" - indeed I am.

[undeterred]

14. Because 'women get themselves pregnant'

there is no need to embarrass the father. :sarcasm:

[niyad]

30. I read the whole damned thing--did you catch the part about having to report this

even if you used Plan b or any of its variants?

I am, as of this moment, calling for a boycott of OK, the way we did for SD-- will be on the phone shortly with the state tourism bureau. Not that there is really anything to see in OK, but not one dime of my money is going to be spent in a state that treats women this way,.

[MH1]

36. yeah I saw that too

the depths of disgustingness in this bill are difficult to imagine until you read it.

[ohheckyeah]

81. You have to report it

even if it was removal of an ectopic pregnancy or the removal of a dead fetus.

[Solly Mack]

60. !

Those questions reflect a deep hatred of women.

[CrispyQ]

11. Someone mentioned that point yesterday & I've been thinking about it.

It's such a heinous piece of legislation I don't know if asking questions about the paternity could possibly make it worse. I worry that that type of questioning would eventually open the door to debate the possibility that the man should be allowed a voice in the woman's choice.

I am just sickened by this. Sickened.

--edited for grammar

[Viking12]

10. Kick for visibility.

OK sucks.

[undeterred]

13. This is sickening.

What happened to HIPAA laws regarding confidentiality?

[northernlights]

15. blatant, in your face violation of HIPAA

Patient confidentiality is the central theme of HIPAA.

Confidentiality is so important that in medlabtech school just a couple weeks ago it was made clear that we cannot discuss information in a public place (outside the hospital lab in a hall or the cafeteria, for example) that would enable anybody overhearing a conversation to guess who the patient is.

[Le Taz Hot]

16. K & R

The 21st Century's version of the scarlet letter.

[Scout]

17. too disgusting for words n/t

[joeybee12]

20. This is beyond sickening...

...this makes me furious.

[Okie4Obama]

21. Wow, every time I log into DU, I start to hate my state more...

Why oh why did my ancestors come here from Switzerland. This is repugnant, repulsive, sexist, and repressive bullshit. For God's sake, our state socialist party was one of the biggest in the nation in the early 20th century, WTF has happened to us?

The frightening thing for those of us in Oklahoma with a brain, is the economy is so awful and the pay here so low, there is almost no escape.

[crikkett]

23. I think there's something in your Water.

Poor thing. Move to California. It's nice here.

[crikkett]

22. Doesn't this violate HIPPA?

[MH1]

25. HIPAA - it probably does - BUT

meanwhile the (not)OK legislators get to grandstand-pander to the fundie right. And scare women and doctors about abortions ... some may hear of the law but not hear when it is overturned.

[Shallah Kali]

32. Exactly it is all about grandstanding. They win with their base for passing it and again when repeal

as they can rail against those who support women's right to be in control of their own bodies.

[mysuzuki2]

24. won't this conflict with the federal HIPPA law?

[plcdude]

26. My State never

fails to amaze and embarrass me. All you Okies on DU we need to do something about this.

[etherealtruth]

47. My condolences

:(

[Twinguard]

27. Disgusting!

I noticed that the "questionnaire" repeatedly (and consistently) said "Mother" where it should have said "Woman" or "Patient."

This makes me sick. The last I heard, abortion is legal. Are there "questionnaires" like this for any other medical procedures... like wisdom teeth extractions... or vasectomies?

I wonder how long before this gross violation of patient rights is challenged in court.

[LeftinOH]

28. In other words: "How big a whore are you?"; "How long have you been a whore?";

"Are you a bigger whore than you mother?"...etc. I just wonder how many WOMEN (if any) were involved in creating this questionnaire.

[MH1]

33. yeah that's pretty much what it says.

[Blue_Tires]

70. as i said in another thread, i think these questions *really* say:

"We haven't sent enough of a message by merely gunning down doctors in churches and bombing clinics...Please give us all possible identifying info besides your name so we can send a rep from Operation Rescue's 'action branch' to your home or office for a personal rebuke...Please indicate whether you want the rebuke in lead or plastique."

[niyad]

71. sadly, I think you are absolutely correct. there can be no other real explanation for this insanity

[Blue_Tires]

78. now the question is will they repeal this law before or after the first public 'rebuke'?

[Lucy Goosey]

31. I feel like there should be some sort of new underground railroad ...

to help American women women get abortions in Canada.

This law is truly disgusting.

[niyad]

34. my guess is that the next step will be like that fool in ohio, who wanted to administer pregnancy

tests to every woman leaving, and then returning, to ohio--to make certain an abortion had not been obtained elsewhere.

[dixiegrrrrl]

54. Surely you jest. Did someone actually say that...aloud?

[niyad]

63. wish I were

http://www.feministing.com/archives/005197.html (this piece only talks about how a proposed OH law would be enforced, but I remember the idiot proclaiming this. one of our discussion groups was having quite a time imagining how they were going to accomplish this.

[dixiegrrrrl]

73. Jeebus....starting to feel like the Inquisition hath returned.

[niyad]

35. I just got off the phone with the OK Dept of Tourism--talked to the director's assistant-who knew

nothing about this law, and was a little surprised. I told her that, since OK has so much contempt for women, women will no longer be spending money in the state--that, as of this morning, there is a call for a national boycott of the state. she said she hoped that didn't happen--that there were nice people there, despite what the legislature does. I said, "but you ELECT these people" she said, "well, we elect the ones in DC too, and don't always know what they are going to do." I said, "you certainly know in the case of coburn and inhofe, and the idiots you elect to the lege. ." then I suggested that she read the entire bill--and pass the information around.

I have very dear friends in OKC--they will have to come visit me--will not spend a dime there.

[MH1]

57. Thank you

I wonder how that woman really feels about this law. I am not surprised that she hadn't heard of it.

[MH1]

37. kick

[niyad]

38. between bs like this, and the so-called "personhood" amendments, they don't have to

overturn roe--just making it impossible for women to exercise their reproductive rights.

[ThePantaloon.com]

39. no other purpose

I see no other purpose than the in terrorem effect it will have on women. Oklahoma is a backwards fuck-up of a state that should secede along with Texas, and let them wallow in their ignorance.

[smalll]

40. "Sex offenders" set up for vigilante action, DWI arrestees and entrapped "Johns" ...

routinely find their names and pictures in the paper, thanks to official governmental actions --

I'd say this is another case of the "first they came for the ... and I was silent" phenomenon. :shrug:

[etherealtruth]

49. Last time I checked abortions were legal ....

... and a MEDICAL procedure.

how is it comparable to publishing the names of those that have committed crimes?

[Hannah Bell]

41. Oklahoma only had 6 providers in 2005. 95% of counties have no providers.

So I doubt small-town women will be outed. Though the proposal is clearly political.


• In 2005, there were 6 abortion providers in Oklahoma. This represents no change from 2000, when there were 6 abortion providers.

• In 2005, 96% of Oklahoma counties had no abortion provider. 57% of Oklahoma women lived in these counties. In the South census region, where Oklahoma is located, 21% of women having abortions traveled at least 50 miles, and 10% traveled more than 100 miles.

• In Oklahoma, 2 metropolitan areas lack an abortion provider: Fort Smith, AR-OK; Lawton

http://www.guttmacher.org/pubs/sfaa/oklahoma.html

[niyad]

42. if they are able to get to one of the providers--they will have to provide the information

thank you for that link, by the way--most useful

[Hannah Bell]

62. yes, but since the abortion wouldn't be performed in their "small town,"

they wouldn't be able to be id'd on *that* basis.

[niyad]

65. you need to read the 37 questions--the woman has to identify her town, her age, her race, her

marital status, every identifier but her name.

[dsc]

44. I think it is absurd to make the data public

but it is equally absurd to argue that the info makes the person identifiable in a small town. Small towns don't have abortion providers and no where is any location asked for.

[MH1]

45. Did you see the rape section?

I'd say asking for the date filed and police report number makes the woman identifiable.

[dsc]

50. I didn't but I can't imagine that being upheld

rape victims names can't be made public so I can't see that being upheld.

[niyad]

74. you did notice, did you not, that EVERY woman who has an abortion, who uses Plan B, RU-486

etc., is required, under this law, to fill out this form and have her information made public. in what universe do you think this is okay? do you seriously have ANY idea what is likely to happen to these women? do you know, for example, that in some states, the fundie reichwingnuts have infiltrated the DMV-- and willingly supply their groups with the names and addresses that go with the license plates they photograph at the clinics? do you know that there are proposals in other areas to have every woman who purchases Plan B to have to fill out forms? one of the real reasons these people object to "the morning after pill" is because they can't quite get around to picketing and harassing every pharmacy in the country.

seriously, please explain why you are trying to defend this monstrousity.

[madmusic]

51. Police and court info is already public information. The name may be redacted.

There is no expectation of privacy when the information is already public information and the victim's name is already redacted.

[MH1]

48. and why don't small towns in OK have providers for a critical medical service?

Hmmmm....

[Okie4Obama]

72. Because in OK, abortion providers are frequently protested.

Our local Catholic churches organize groups to pray the rosary in front of the local clinics every weekend. Can you imagine trying to walk through that when you are already facing a heart-wrenching decision?

[niyad]

69. again, read those questions carefully. what part of "available online", as in, available to

everyone, do you not understand?

[etherealtruth]

46. How the f*ck can anyone publish confidential medial records anywhere.

[suffragette]

52. This is not ok

in Oklahoma or any other state.

It's an attempt to instill fear by exposing women to public shame (or what they hope will be abusive, public shaming) for having had a private and legal medical procedure.

Reminds me of a visit to a medieval museum in Germany and seeing the chastity belts and shame masks.

[a la izquierda]

55. I discussed this with two female friends...

of mine who are university professors. The outrage is really palpable where I live (a large, somewhat liberal university town in Oklahoma. The three of us, plus many, many others I know are flabbergasted. One of the women already donated a bunch of money to an organization that will challenge the law soon.

There will be counter-measures to this and I'm confident it'll be overturned, just like many other stupid-ass RW laws in this state (HB1804 comes to mind).

*Sigh*

[MH1]

56. Good to hear - please continue spreading the word

people need to know about this law and the implications.

[BlooInBloo]

58. Good 'ol Oklahoma.

[Reverend_Smitty]

59. wow...why not require women to wear a big scarlet "A"...

this is almost certainly the 21st century equivalent

[Odin2005]

61. This is just evil on so many levels.

This is an invitation for vigilante Christo-Fascist thungs to intimidate, harass, and "punish" women that dare get abortions. :grr:

[Toucano]

64. The state treasury must be full cause they're gonna pay a SHIT LOAD in lawsuits.

HIPAA is a federal law.


Way to bankrupt your state, morans!

[Blue-Jay]

67. Check this out:

The abortion provider or agent shall ask the pregnant female to provide, orally or in writing, the reason(s) she is seeking the abortion.

REASON GIVEN FOR ABORTION (check all applicable):

Having a baby
Would dramatically change the life of the mother
Would interfere with the education of the mother
Would interfere with the job/employment/career of the mother
Mother has other children or dependents
Mother cannot afford the child
Mother is unmarried
Mother is a student or planning to be a student
Mother cannot afford child care
Mother cannot afford the basic needs of life
Mother is unemployed
Mother cannot leave job to care for a baby
Mother would have to find a new place to live
Mother does not have enough support from a husband or partner
Husband or partner is unemployed
Mother is currently or temporarily on welfare or public assistance
Mother does not want to be a single mother
Mother is having relationship problems
Mother is not certain of relationship with the father of the child
Partner and mother are unable to or do not want to get married
Mother is not currently in a relationship
The relationship or marriage of the mother may soon break up
Husband or partner is abusive to the mother or her children
Mother has completed her childbearing
Mother is not ready for a, or another, child
Mother does not want people to know that she had sex or became pregnant
Mother does not feel mature enough to raise a, or another, child
Husband or partner wants mother to have an abortion
There may be possible problem affecting the health of the fetus
Physical health of the mother is at risk
Parents want mother to have an abortion
Emotional health of the mother is at risk
Mother suffered from a medical emergency as defined in Section 1-738.1 of Title 63 of Oklahoma Statutes
Mother wanted a child of a different sex.
Abortion is necessary to avert the death of the mother
Pregnancy was a result of forcible rape
Pregnancy was result of incest
Other (specify)
Patient was asked why she is seeking an abortion, but she declined to give a reason

They should all write in:

Other (specify)

"The father is a married member of the Oklahoma legislature, and another out of wedlock bastard-child would be damaging to his career. Plus, he's paying for the procedure."

[MH1]

75. +10

[anonymous171]

68. WHAT THE FUCK IS THIS SHIT!????

:grr:

[Nikki Stone1]

76. I wonder why this only had 16 recs. I've seen more recs for nonsense threads.

This is a crucial invasion of privacy.

[waiting for hope]

77. Why isn't the ACLU all over this?

I just checked their website and didn't see anything right off ... I'm writing them.

[Crunchy Frog]

79. Can they actually compel a woman having an abortion

to answer all those questions? Is there a provision in the law to force women to answer them before they can recieve the service? You could just lie, or would they hunt you down and prosecute you for that?

[ddeclue]

80. Doesn't this violate HIPPA?

[question everything]

82. And who can check of whether the information is correct?

if the abortion provider is not the woman's regular OBGYN, I would think that the woman should be able to provide any info she wants - except for date and the county of abortion, of course - and no one would be the wiser.