Email Alert, June 7, 2002

SB 1301—The Reproductive Privacy Act (by Senator Sheila Kuehl) would remove California's “physician-only” requirement for abortions.       
                         
Location:  Assembly Judiciary Committee-- Tuesday, June 11, soon to be set for Assembly Health Committee   

 California ProLife Council is opposed to SB 1301, by Senator Sheila Kuehl (D-Santa Monica).  SB 1301 would replace the 1967 Therapeutic Abortion Act with the “Reproductive Privacy Act.”  From the pro-life perspective both of these acts have serious flaws, however our most grave concern with SB 1301 is the repeal of the requirement that only physicians may do abortions in California.  Clear language to assure that only physicians and surgeons are authorized to do abortions in California is a minimum the women of California should expect.

 Current law requires in Section 123405 of the Health & Safety Code, that abortions be done by “a holder of the physician’s and surgeon’s certificate.”  The operative language left in California law with the revisions of SB 1301 would allow non-physicians to perform “nonsurgical” abortions—such as RU 486, methotrexate, or other drug abortions. 

             Section 123405 would be replaced with Section 123468 of the Reproductive Privacy Act, which drops the reference to physicians and surgeons and states:  "The performance of an abortion is unauthorized if . . . the following is true:  (a) The person performing or assisting in performing the abortion is not a health care provider authorized to perform or assist in performing an abortion pursuant to Section 2253 of the Business and Professions Code."

            In Sections (b)(1) and (b)(2) of 2253, a distinction is made between surgical and non-surgical abortions.  Section (b)(1) allows NON-PHYSICIAN medical professionals with the appropriate certificate (whatever that means) TO ASSIST in the performance of SURGICAL abortions.  Most significantly, Section (b)(2) allows NON-PHYSICIAN medical professionals, again with the appropriate certificate, TO PERFORM or assist in performing NON-SURGICAL abortions.  Since nurse midwives and nurse practitioners can issue prescriptions they could commit drug-induced abortions.

              As recently as April 19, the federal Food and Drug Administration posted a letter on their website from Danco Laboratories, the manufacturer of RU 486, informing physicians that two women have died after RU 486 abortions, and one 21 year-old suffered cardiac arrest—a rare occurrence in a woman that age.  The two who died suffered a bacterial infection in one case and a uterine rupture due to an undiagnosed ectopic pregnancy in the other.  Another near-fatal bacterial infection, and two additional uterine ruptures due to undiagnosed ectopic pregnancies prompted Danco and the FDA to release the warning and ask physicians to report any additional “adverse events.” 

             SB 1301 will jeopardize women's lives.  Write to YOUR Assembly Member and to members of the Assembly Judiciary Committee to ask them to oppose SB 1301.  This link will bring up the list of Assembly Judiciary Committee members so that you can contact them by phone or e-mail: 

http://www.assembly.ca.gov/acs/newcomframeset.asp?committee=15