Obstetrician in legislature says he’s assured by ‘intent’ provisions in new abortion law

Delegate Joe Ellington, an obstetrician-gynecologist, voted against a West Virginia abortion bill this summer when it included criminal penalties for medical providers.

When the bill came up again and, instead, included the potential of medical professionals who act outside the bounds of the abortion policy going before a licensing board, Ellington felt confident enough to vote yes.

Some doctors who treat pregnant patients have suggested the risk of losing a medical license could affect treatment, the doctor-patient relationship and the willingness of obstetrician-gynecologists to remain in West Virginia.

Ellington, R-Mercer, said he is assured by the provisions of the policy signed into law last week by Gov. Jim Justice.

“My concern was, we do want to protect the docs,” Ellington said today on MetroNews’ “Talkline.” “We want to be able to treat our patients and do that effectively without any fear of repercussions.

“I think the final version when it came out was suggesting that if you did not have intent to violate the law then you would not lose your license. You could treat your patients in cases of emergency and do what you have to do. Because there are times when you only have a few moments to be able to act.”

HB 302 would put the licenses of medical providers at risk if the board that oversees their profession concludes that they’ve “knowingly and willingly” gone beyond the boundaries of the law. If the licensure board finds that an abortion has been performed “with the intent to violate the provisions” of the law then the licensing board shall revoke the medical professional’s license.

People who aren’t licensed to provide abortions could face criminal penalties if they attempt the procedure.

The bill allows exceptions for a nonmedically viable fetus, an ectopic pregnancy, which is when a fertilized egg implants and grows outside the main cavity of the uterus, or a medical emergency, not including psychological or mental health situations.

A “medical emergency” is defined as a condition that complicates the medical condition of a patient so much that an abortion is necessary to avert serious risk of the patient’s death or serious risk of substantial life-threatening physical impairment of a major bodily function.

Ellington acknowledged that those provisions could give some doctors pause.

“Will people think about how they would treat patients prospectively? Sure, they may look at what indications would be more appropriate or not,” Ellington said. “That’s something that’s going to get worked out in the end, I believe. But I think most physicians are going to take care of their patients at the time as best they feel they have to do it at that point.”

The American Association of Obstetricians and Gynecologists “strongly opposes any effort that impedes access to abortion care and interferes in the relationship between a person and their healthcare professional,” a statement that has been passed and reaffirmed many times over the years, most recently this year.

Dr. Dara Aliff, an obstetrician-gynecologist in Charleston, wrote in a newspaper opinion piece that doctors like her “have more uncertainty than ever regarding how to do our jobs safely and legally.”

On “Talkline” this week, Aliff reiterated that concern.

“Any time doctors are placed in a situation where they have to question the legal ramifications of what they morally and medically know is the correct course of action, we’re not in a good situation,” she said.

“All of the people who voted in favor of this bill say there are provisions for women with abnormalities of their pregnancy or ectopic pregnancies and situations like that, but what they aren’t taking into consideration is that even with those provisions there are still extra hoops to be jumped through, leaving women and doctors more confused than ever about what they are allowed to do.”





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