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Front-line workers fear repercussions from abortion laws

August 15, 2022 by www.sfchronicle.com Leave a Comment

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OKLAHOMA CITY (AP) — Strict anti-abortion laws that took effect in Oklahoma this year led to the quick shuttering of every abortion facility in the state, but left questions for those who work directly with women who may seek their advice or help getting an abortion out of state.

Beyond the profound repercussions the abortion laws are having on medical care, especially reproductive medicine, clergy members, social workers and even librarians have raised concerns about being exposed to criminal or civil liability for just discussing the topic.

Those fears are well-founded, says Joseph Thai, a professor at the University of Oklahoma who teaches about constitutional law and the Supreme Court. He described Oklahoma’s new anti-abortion laws, which include both criminal and civil penalties, as the strictest in the nation so far and sweeping in both substance and scope.

The U.S. Supreme Court’s decision in June to overturn Roe v. Wade and remove women’s constitutional right to abortion immediately triggered a 1910 Oklahoma law that makes it a felony, punishable by two to five years in prison, for every person who “advises” or provides any other means for a woman to procure an abortion. That law allows abortion only to save the mother’s life.

“That all-encompassing language can make anyone and everyone who helps a woman get an abortion or provides information about access to abortion — including a spouse, another family member, a friend, a classmate or co-worker, a librarian, or even an Uber driver — a felon,” Thai said. “Likewise, employers who have pledged to pay for their employee’s abortions as part of their reproductive health coverage and their insurance companies face criminal liability.”

Although Alabama, Arizona and Texas have laws prohibiting “aiding and abetting” a woman in getting an abortion, Oklahoma’s is the strictest and the only one currently in effect, said Elizabeth Nash, a state policy analyst for the abortion-rights supporting Guttmacher Institute.

While former providers in Oklahoma may have halted abortions, they haven’t stopped giving advice.

Emily Wales, CEO of Planned Parenthood Great Plains, said giving a pregnant woman information about abortion care is guarded under free speech protections in the Constitution.

“We’ve heard from providers who aren’t sure if they can make referrals, if they can even tell people to go to Planned Parenthood’s website or abortionfinder.com,” Wales said. “We don’t think there’s any controversy about being able to tell people what their options are and that they can access care in another state.”

Others, however, are more concerned. No charges have been filed in the seven weeks since the law against advising or helping a woman get an abortion went into effect and it’s not known whether anyone is being investigated. Messages left with several Oklahoma prosecutors about how they plan to enforce the anti-abortion laws were not returned, and the head of the state’s District Attorneys Council, Kathryn Boyle Brewer, said the issue hasn’t been formally discussed by prosecutors at its regular meetings.

Senate President Pro Tempore Greg Treat, an Oklahoma City Republican who wrote the trigger law, said he believes those who help a woman get an abortion should be prosecuted, although he said it’s unlikely prosecutors would go after a pregnant woman’s family members.

“Absolutely, if you’re going to aid and abet in a felony, you should be held responsible,” Treat said. “Where the bigger issue is is where these corporations are offering to pay $4,000 to help you kill an unborn life and knowingly go around Oklahoma’s statutes.

“Since this has been in effect, there haven’t been any prosecutions. The good news is people are not having abortions in Oklahoma, and thus far there has not been a case where someone is aiding and abetting in such a way that can be prosecuted.”

A separate law passed by Oklahoma’s Republican-controlled Legislature this year that was modeled on a Texas law allows anyone to sue “any person” who aids and abets a women in getting an abortion and collect a minimum $10,000 award plus attorney fees.

“Notably, none of these criminal or civil laws limit their language to abortions performed in Oklahoma,” Thai added. “So anyone in Oklahoma who helps a woman get an abortion outside of Oklahoma, such as in neighboring Kansas, arguably could be prosecuted or sued under these sweeping laws.”

The Rev. Lori Walke, senior minister at Mayflower Congregational Church in Oklahoma City, said that’s left some religious leaders wondering about their potential legal exposure for helping women navigate abortion services.

“Among my colleagues the conversation has been: `This is a risk we have to be willing to take because abortion bans are against our religion,’ to put it directly,” Walke said, adding that sometimes advocacy work by faith leaders includes the possibility of arrest and incarceration.

Similar concerns are being raised by social workers, many of whom believe a prohibition on advising women about abortion services conflicts with their code of ethics that requires them to respect a client’s wishes, said Steven Pharris, head of Oklahoma’s chapter of the National Association of Social Workers.

“The changes in laws have kind of criminalized a big part of what we do, so it’s changed our role with clients,” Pharris said. “It’s created a chilling effect on what we can and can’t say.”

At one point, librarians in Oklahoma City were warned not to even say the word “abortion,” though that changed after the city library system’s team reviewed the laws, said Larry White, the system’s head.

White says staff has since been instructed to handle requests for information about abortion like any other reference question, where they provide factual, sourced information and answer questions about the subject. Some staffers remain uneasy, though.

“There are a lot of unknowns,” White said. “We do not want to put our staff in any way in any danger of receiving civil liabilities under this law if we can prevent it. We also have an obligation to protect them and the organization from civil liability.”

Filed Under: News Joseph Thai, Lori Walke, Emily Wales, Elizabeth Nash, Republican, Larry White, Greg Treat, Steven Pharris, Kathryn Boyle Brewer, Abortion-Oklahoma, Texas, ..., production line worker jobs, new york state abortion law, nys abortion law, abortion law usa, missouri on abortion law, nz abortion laws, texas abortion law when was it passed, poland abortion law, lawsuits under texas abortion law, abortion law 2016

Abortion bans limit training options for some future US physicians

August 16, 2022 by newsinfo.inquirer.net Leave a Comment

Abortion bans limit training options for some future US physicians

A view of the medical bed and the procedure room where abortions once took place, inside Tulsa Women’s Clinic, in Tulsa, Oklahoma, U.S. June 20, 2022. REUTERS FILE PHOTO

University of Oklahoma medical student Ian Peake spent four years shadowing doctors at a Tulsa abortion clinic because his school didn’t offer courses on abortion or provide any training.

But the Tulsa Women’s Clinic stopped abortion services in May when Oklahoma enacted a near-total ban, and the provider closed for good after the U.S. Supreme Court ended constitutional abortion protections in June. Peake, 33, now had no local options to learn about abortion.

“It’s basically impossible to get abortion education in the state,” said Peake, who is now applying to residency programs outside of Oklahoma. “We’re going to have whole swaths of the country where medical students aren’t going to really know how these procedures work.”

In interviews, a dozen doctors, activists and medical students said they worried that the next generation of physicians trained in states with severe abortion restrictions would lack crucial skills to treat women.

Even before the Supreme Court overturned the 1973 Roe v. Wade decision that legalized abortion nationwide, some conservative states restricted institutions from teaching how to provide abortions. The June ruling, which allowed states to decide the legality of abortion, has left more medical schools and residency programs unable to offer comprehensive obstetrics and gynecology training.

Ninety-two percent of obstetrics and gynecology residents reported having access to some level of abortion training in 2020, according to a study published in April by the American College of Obstetricians and Gynecologists’ journal. The researchers predicted that number would drop to 56% at best following Roe’s overturn.

Already, seven states, including Texas and Alabama, no longer have any clinics providing abortion services, according to the Guttmacher Institute, an abortion rights research group.

The procedure used to perform elective abortions, known as dilation and curettage, is needed for emergencies such as if a pregnant woman has a heart attack, stroke or begins hemorrhaging. It is also necessary to clear tissue from the uterus after an incomplete miscarriage to prevent infection and sepsis.

“It goes beyond just what people refer to as abortion,” said Maya Hammoud, an obstetrics and gynecology professor at the University of Michigan Medical School. “It’s how it’s going to affect everything else in women’s healthcare.”

‘Very concerned’

Medical schools are not required to provide abortion training. But the Accreditation Council for Graduate Medical Education (ACGME), which assesses and certifies residency programs, requires that all residents learn how to perform abortion procedures before graduating.

The council has proposed revisions to its obstetrics and gynecology guidelines after Roe’s overturn, saying programs in states that restrict abortion access must help budding doctors travel to another state to receive training. If a resident is unable to travel, programs must still train the resident using classroom lessons and simulation.

Several doctors and an activist raised concerns about whether simulation – which is often performed on a dragonfruit or papaya – could adequately prepare residents for real-world treatment.

“I’m very concerned that at some point very well-respected med schools are going to graduate students who have not received a modern medical education,” said Pamela Merritt, executive director of Medical Students for Choice, an abortion rights advocacy group. “Even if they get the green light to intervene to save the life of a pregnant person, they won’t actually be able to do it.”

Anti-abortion advocates say medical schools and residency programs will continue to teach emergency procedures to save a woman’s life even if they do not teach how to perform voluntary abortions.

“We have seen abortion activists employing misinformation and scare tactics aimed at women who do not deserve that stress,” said Kristi Hamrick, spokesperson for Students for Life of America, an anti-abortion group.

Louito Edje, associate dean of graduate medical education at the University of Cincinnati College of Medicine and an ACGME member, said she expects most institutions will help their residents travel to receive real-world training.

But training could still suffer, she said, if more students are crowded into fewer institutions and there isn’t enough patient flow to provide everyone with hands-on practice.

The University of Michigan has established a task force to prepare for an influx of residents coming to Ann Arbor for training, said Lisa Harris, an obstetrics and gynecology professor who is co-chair of the task force.

Given the ever-changing legal landscape around abortions in the state, however, Harris said the task force is also planning ways to help residents travel for out-of-state training if Michigan implements a ban.

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Roe fell and the phones started ringing. Colorado abortion clinics hit with out-of-state demand

July 8, 2022 by www.denverpost.com Leave a Comment

Within an hour of news breaking that the U.S. Supreme Court had struck down Roe v. Wade, the phones at the Boulder Valley Women’s Health Center started ringing.

Not just one or two calls, but at least a dozen — coming from states where patients had appointments scheduled, but had to cancel them and scramble to find alternatives after the ruling stripped away constitutional protections for abortion and allowed states with trigger bans to immediately outlaw the procedure.

The Boulder clinic only performs abortion procedures on Fridays and usually has same-day appointments open. Now, two weeks after the ruling, they’re scheduled at least a week out and staff is double-booking in case of cancellations. Dr. Kelly Peters, the clinic’s medical director, said she’s grateful to live in a supportive state like Colorado, but it’s important to keep talking about the need for abortion services and compassionate care.

“The only good thing that I see right now is that it is making people angry and it’s making people motivated to get out and do what they can,” she said of the Dobbs v. Jackson Women’s Health Organization ruling. “We’ve had people show up at our door trying to give us donations and people calling and emailing about how can they help, what can they do?”

In the ruling’s wake, abortion providers across Colorado are seeing increased demand — and are coordinating to refer clients to each other in an effort to ensure people can be seen in a timely fashion, even if a particular clinic doesn’t have availability. They say they’ve been inundated with requests for abortion appointments and also are seeing an increase in appointments for birth control strategies such as vasectomies or intrauterine devices.

“A year ago, we rarely saw patients who needed to travel to Colorado for necessary medical care, whereas now up to a third of our patients are traveling from out of state — this means that each patient faces more anxiety and stress in navigating unfamiliar systems,” said Dr. Rebecca Cohen, a doctor at the University of Colorado Family Planning and OBGYN Clinic.

Health care providers have worried about overloading the state’s health care system, particularly after losing staff and resources during the pandemic, as Colorado stands as an abortion safe haven while other states immediately banned abortions or are expected to in the future. They also worry that, with fewer appointments available, women will be left to get abortions later in their pregnancies, creating more risk of hemorrhaging.

Cohen said she expects demand for abortion services in Colorado will only grow as more states ban or restrict abortion care.

The Boulder Women’s Health Center just hired a nurse and a doctor, and is looking to expand the number of days it performs abortions, Peters said.

The work is taking a toll on doctors and medical staff across the state who say they are exhausted and trying to do what they can to meet the needs of their clients. Peters said she has a hard time sleeping, laying awake thinking about what’s happening to people in other states. Her personal life is suffering, too, she said, and though her family supports the work she’s doing, it also makes them nervous.

But Peters, like other medical professionals and support staff, is willing to make the sacrifices. Some of the medical assistants in particular who work at her clinic could probably get higher-paid jobs at other facilities, “but because they care about what we do, then they’re willing to work for a little less and work a little harder,” she said.

Reproductive rights organization Cobalt provides an abortion fund for patients who cannot afford the procedure (providers are paid directly) in the state, as well as to provide money and resources for people coming from out of state.

In 2021, the fund helped 34 clients and provided $6,000 for non-procedural support, such as travel reimbursement, gas cards, groceries and hotel rooms. Since Roe was overturned, the fund has provided $25,888 for 71 clients, according to Abortion Fund Director Amanda Carlson.

Impacts felt before Roe overturned

Before Roe fell, Colorado providers already were seeing an increase in Texas patients after that state enacted a law last year, Senate Bill 8, that banned abortions as early as six weeks, which the state Supreme Court upheld in March . The law allows private citizens to sue people who aid or abet abortions.

Now, the number of patients coming from Texas and other states has gone up even more.

Dr. Nancy Fang said her clinic at Comprehensive Women’s Health Center in Denver provides about 300 abortions per month and anticipates expanding to twice as many over the next few months. They’re looking to hire more trained professionals to work as medical assistants, nurses and front-desk staff.

Fang’s clinic has seen about 30% of its clients come from out of state as of mid-June, and while the clinic isn’t turning people away, it is taking longer for patients to get in for appointments. They’re coming primarily from Texas, but also Oklahoma and South Dakota, which also ban the procedure.

“Access is inevitably going to be hindered and the people that are going to be most affected are those without the resources,” Fang said.

She added that she’s worried people with more complex medical situations will have a harder time finding clinics that have availability for them, and for those that can’t, they will continue high-risk pregnancies that could be dangerous for them.

Dr. Emily Schneider, the Colorado section chair of the American College of Obstetricians and Gynecologists, said clinics across the country are reporting increases in not only abortions, but miscarriage management, particularly from people in Texas. One woman came to Denver from Austin who was clearly having a miscarriage, Schneider said, but because there was a “flicker of a heartbeat,” doctors told her she couldn’t get treated in Texas because of the six-week ban.

Women have been driving from Texas and other states, sleeping in their cars, outside Colorado clinics, waiting for abortion appointment cancellations, Schneider said. Maternal-fetal medicine specialists also are seeing an increase in requests for appointments, and people are calling infertility clinics asking that embryos be transferred to Colorado, she added.

The hospital Schneider works at has been getting calls to the surgery unit asking for help with abortion appointments. She said she’s seen patients during annual exams ask if they have any medical conditions that would require hysterectomies because they want to just remove their uteruses so they don’t accidentally get pregnant.

After Texas implemented Senate Bill 8, the calls increased, with patients not being able to get in for appointments for two to three weeks in Schneider’s clinic. After the U.S. Supreme Court decision, that went up to three to four weeks.

Increase in demand for long-term contraception

In addition to abortion care, local doctors, including Cohen, are seeing more of a demand in the number of people seeking long-lasting or permanent contraceptive options.

“The risks of an unplanned pregnancy are unfortunately higher than ever,” Cohen said.

On the day of the Roe reversal, Schneider said her clinic received 10 calls for tubal ligations, far more than normal. Clinics across the state reported requests for more contraceptives, Schneider said, like the young woman who came into the clinic last week asking for the longest-lasting IUD because she was going to college in Texas.

Schneider said providers are trying to be “very thoughtful” about how they move forward.

“But… coming out of the pandemic, I felt like nobody has ever had a chance to really catch their breath,” she said. “And then this (decision), so I am afraid about provider burnout and staff burnout and that also is limiting access to care.”

Throughout all of this, Fang emphasized that abortion providers in Colorado have been preparing for an increase in patients for a long time, even before the Supreme Court decision.

On Wednesday, Gov. Jared Polis issued an executive order protecting people seeking abortions in the state and those aiding in performing them, such as doctors and nurses. The order said Colorado won’t cooperate with criminal or civil investigations against people who provide, assist with or receive abortions in the state, and it also requires the state Department of Regulatory Affairs to ensure people who work in Colorado don’t face disciplinary action against their professional licenses for those same reasons.

Colorado is one of four states to enshrine the right to abortion into state law . Thirteen states have “trigger bans” prohibiting abortions that would automatically go into effect within 30 days of Roe’s reversal, and at least eight states already have banned the procedure after the court’s decision.

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GST: From payment for not serving notice period to cheque dishonour, CBIC clears the air

August 16, 2022 by economictimes.indiatimes.com Leave a Comment

Synopsis

The Circular also mentions non-compete fees, late payment charges by utility providers of electricity, water or cancellation charges levied by railways, airlines, hotels, tour operators as examples of payments made towards the independent activity of tolerating an act.

With the completion of 5-years since the introduction of GST, the certainty of tax positions and ease of compliances for taxpayers have emerged as key drivers for a robust GST system. Recent circulars issued by CBIC are a step towards removing ambiguity and disputes on interpretational issues under the law.

One such issue is GST on payment towards breach of contractual obligation, which has attracted protracted litigation under both service tax and GST laws . Tax treatment of payment by an employee to an employer for not serving the notice period agreed in the employment contract is a classic example of this dilemma.

Whether such payment is a consideration received by the employer to tolerate the act of premature exit and hence taxable under GST or compensation for breach of the employment contract and hence not taxable has been a question for ages. While CESTAT rulings under service tax laws have primarily held that service tax is not applicable on such payments or liquidated damages towards contractual non-performance, GST authorities and advance rulings under GST have treated these payments as consideration for tolerating an act and sought GST at 18%. This led to a corresponding increase in litigation as taxpayers relied on favourable interpretation under international VAT and service tax laws to contest this view.

In this backdrop, the Circular (No.178/10/2022-GST) issued by CBIC is a much-awaited relief benefiting taxpayers at large, as it clarifies that GST is not applicable on liquidated damages, notice pay/bond amount recovered from employees, fine for cheque dishonour, compensation paid for cancellation of coal blocks, the penalty for violation of laws, etc. It is clarified that the levy of GST would arise only if there is an independent agreement between the parties for doing something against a payment. Mere flow of money from one party to another would not lead to a presumption of payment for an independent taxable activity.

The Circular also mentions non-compete fees, late payment charges by utility providers of electricity, water or cancellation charges levied by railways, airlines, hotels , tour operators as examples of payments made towards the independent activity of tolerating an act. These payments are to be taxed at the same rate as that of the principal supply e.g., cancellation charges of railway tickets would attract GST at the same rate applicable to ticket booking. Therefore, the essence of the arrangement would have to be examined to determine the applicability of tax.

This clarification would go a long way in providing certainty to businesses while entering into contractual arrangements. Taxpayers can also revisit existing tax positions to evaluate instances where GST is required to be paid/not paid and related refunds to be claimed. Early recourse in pending litigation can be explored in cases where the Circular is favourable. While the Circular is silent on immunity to taxpayers who had paid GST on liquidated damages and availed credit/refund, one hopes that an instruction will be issued to plug any potential litigation on this aspect.

Overall, the Circular is a welcome move given the prolonged litigation regarding liquidated damages, fines and penalties under GST and service tax laws. It is expected that clarifications on pending interpretational GST issues would also be issued to provide certainty of tax positions and facilitate ease of business.

(Smita Roy is Partner & Leader (North) – Indirect Tax and Vaibhav Talwar, Director – Indirect Tax, BDO India)

(Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of www.economictimes.com .)
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Pro-lifers must learn from Kansas loss | Opinion

August 15, 2022 by www.newsweek.com Leave a Comment

The most important lesson the pro-life movement can take from our defeat in Kansas’ constitutional amendment vote is to recognize that it was a defeat. No good can come from pretending that a double-digit blowout, in a high-turnout election in a red state, is something other than a serious setback.

But neither is it any reason for conservatives to panic. Nothing that happened in Kansas warrants the pro-abortion media’s giddy overreaction. The Left’s insistence that the end of Roe v. Wade will trigger a nationwide voter backlash remains so much elite-bubble wishful thinking.

Lest we forget, the pro-life movement has been defined by enduring and overcoming disappointments: Sandra Day O’Connor, Anthony Kennedy, David Souter, John Roberts, Planned Parenthood v. Casey . By all rights, the constitutional dumpster fire that is Roe should have been put out decades ago. That it finally was this year is a testament to pro-lifers’ ability to react, adapt, and win.

For conservatives, success is always a process of trial and error. And in the Kansas fight, Republican leaders did indeed make an inexcusable error: they sat it out.

The Media-Industrial complex was, as always, totally committed to abortion maximalism in the Kansas campaign. They poured millions of dollars into slickly produced, misleading ads against the “Value Them Both” amendment. They smeared it as cruel and radical, saying that it would mandate a ban on all abortions, endanger women’s lives, and provide no exceptions for cases like rape or incest.

The language of the amendment certainly didn’t help, either. The wording was so confusing that voters on both sides of the question couldn’t be sure whether a “yes” vote was the pro-choice or pro-life position.

But both of those challenges could—and would—have been overcome had the GOP actually showed up for the fight.

The end of Roe was not the end of abortion. It was the beginning, finally, of a real abortion debate in this country. Pro-abortion politicians are eager for it. Too many pro-life ones, though, prefer to duck it. They think they’re playing it safe, but all that does is let pro-abortion extremists frame the debate.

It takes a certain kind of partisan malpractice to cede the political high ground to angry fanatics who firebomb churches and threaten opponents, demanding public funding for partial-birth and sex-selective abortions. But here we are.

The good news for pro-life conservatives is that, Kansas notwithstanding, we are still in a still better place than at any time since 1973. The cause of life still enjoys unprecedented momentum.

Thirteen states are already enforcing pro-life laws triggered by the Dobbs decision. Indiana just passed legislation protecting the unborn. Pro-life referenda will be on ballots in several states in November. And the Kansas campaign, too—despite the sting of defeat—gives pro-lifers valuable guidance about how to reclaim the political initiative between now and the midterms.

Indeed, that guidance is already clear: if pro-lifers want to pass pro-life laws, they have to make pro-life arguments.

For all the Left’s manipulation, the fact is that the pro-abortion position is closer to the infanticidal barbarism of China’s and North Korea’s dictatorships than it is to Americans’ stated preferences.

A January poll found 71 percent of Americans support placing some restrictions on abortion; pro-abortion politicians, by and large, want none. Most Americans oppose taxpayer funding of abortions—pro-abortion politicians demand it. More than 70 percent of Americans support a ban after 15 weeks of pregnancy. That’s the letter of the Mississippi law at issue in Dobbs !

The elite narrative about a monolithically pro-abortion America is a lie. But if pro-lifers—especially high-profile ones in Washington—surrender the field, that lie will win.

Even after Dobbs , the unborn still cannot defend themselves. It is conservatives’ privilege to do so, but the Kansas results show that it is also a duty. In the fight for life, failure is not an option—and silence is not a strategy.

Kevin Roberts is president of The Heritage Foundation.

The views expressed in this article are the writer’s own.

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