By Myra Guevara, Research Intern
Louisiana recently implemented House Bill 1370, which gave the Health Secretary greater power in revoking licenses for abortion clinics and providers. The law was further amended with Act 490, which allows abortion clinics to be treated differently than other medical facilities. The amendment:
“…sponsored by State Representative Fred Mills, allows for the immediate suspension of an abortion facility’s license if the Department of Health and Hospitals [DHH], secretary determines that the violation or violations pose an immediate threat to the health, welfare, or safety of a client or patient.”
Prior to Act 490 an abortion clinic was allowed to continue practicing pending an investigation of a possible violation, just like any other medical facility.
Five out of the seven abortion clinics in LA have filed a joint lawsuit, along with one physician, against Bruce Greenstein, the secretary of Louisiana DHH. The plaintiffs’ case: the violation of the equal protection clause under the 14th amendment and violation of due process. The remaining two abortion clinics are currently suspended and pursuing appeals.
This is not the only law limiting access to abortion that Louisiana has implemented. Legislation has:
- Prohibited abortion clinics from tapping into state-funded medical malpractice;
- Pre-emptively banned any abortion funding (which is doesn’t exist) in the new health care law;
- Allowed women to sue an abortion provider for up to ten years after the procedure for damages done to her or her “unborn child”;
- Required ultrasounds for all women seeking abortions. After a court challenge, a compromise was struck: a woman can opt-out of seeing the images.
The main problem with these laws: abortion services are being treated differently than other medical services. This discrimination is being institutionalized at the legislative level. More broadly, and more to the point, reproductive health services overall have been separated from general health care and subject to different standards. It is clear these laws have one goal: limiting access to abortion.
For more information regarding Louisiana’s abortion laws and the lawsuit:
- Courthouse news service: Lawsuit Bossier City Medical Suite, Inc. et al. vs. Bruce D. Greenstein
- Louisiana abortion laws, statutes, and penalties
- House Bill 1370
By Myra Guevara, Research Intern
