Fetal Pain-Based Abortion Ban

Excerpt from "Georgia Legislature OKs Fetal Pain-Based Abortion Ban, Atlanta Journal Constituion, by Kristina Torres and Christopher Quinn. March 29, 2012--Two of the most contentious issues of this year's General Assembly passed on the last day of this year's session, salvaged by Republican leaders who wanted to tout them as major victories this election year. New restrictions on late-term abortions in Georgia, which had appeared dead in the morning, and a bill that would cut unemployment benefits for Georgians, passed with just minutes remaining in the 2012 session. The work to get them passed highlighted a more-than-14-hour day, one full of compromises that dominated much of lawmakers' work.

The day's most intense dealmaking was on abortion, the passage of which sparked protests in both the House and Senate. Commonly referred to as a "fetal pain" bill, House Bill 954 was all but gutted Monday after a bipartisan coalition in the state Senate forced key changes. As originally written by its sponsor, state Rep. Doug McKillip, R-Athens, the proposal would have cut by about six weeks the time women in Georgia may have an elective abortion. The Senate's changes forced into the bill an exemption for "medically futile" pregnancies, giving doctors the option to perform an abortion past 20 weeks when a fetus has congenital or chromosomal defects. Although the House -- including McKillip and House Speaker David Ralston, R-Blue Ridge -- initially balked, they agreed Thursday to move forward with a compromise. It was to include a definition in the bill describing what "medically futile" means: Profound and "irremediable" anomalies that would be "incompatible with sustaining life after birth."

Commonly referred to as a "fetal pain" bill, House Bill 954 would tighten medical exemptions for terminating pregnancies and require any abortion performed after 20 weeks of pregnancy be done in a way to bring the fetus out alive. No exemption is made for rape or incest. The measure says that a fetus can feel pain at 20 weeks, therefore the state has an interest in protecting it. Supporters of the new Georgia bill said it would save lives and protect more fetuses. Opponents said the bill would legislate decisions that should be made by doctors and would put doctors at risk who work with difficult pregnancies. Doctors who are involved in abortions after 20 weeks that do not meet the bill's restrictions could be charged with a felony and face up to 10 years in prison.

CMDA Member Emidio M. Novembre, DO Revival Pain Management: "I recently had the privilege of being asked by CMDA to testify at the Atlanta state Capital in support of this fetal pain bill. I am board certified in anesthesiology and fellowship trained in obstetric anesthesia and pain management. The bill was to protect fetuses from the pain endured during an abortion.

"The opposition consistently focused on the right of the woman and seemed to be uncaring about the fetus. The darkness at the hearing was as thick as I’ve ever been confronted with.

"The spiritual powers and principalities appeared to have completely deceived the pro-abortion advocates. This battle is being waged for our nation’s youth. I have entered into it, and I am willing to go forward. No one will accuse those battling abortion of being passive in this fight. Will you join the fight?

“'For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places’ (Ephesians 6:12, NKJV)."

CMDA Ethics Statement: Abortion
Testimony of Emidio M. Novebre, DO on Fetal Pain
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Action Item
If you are interested in testifing on behalf of CMDA regarding fetal plain please contact Margie Shealy.