Whole Women's Health has recently been targeted by the same guys who
went after Planned Parenthood. I'm trying to get some folks
together to go hang out there this Saturday morning from 8:00-10:00
a.m. The same player, Chris Danze, got the clinic owner evicted from
her first building when she was in the process of buying it earlier
this year (she owned the medical practice but not the property).
They may need help every Saturday for a while. The clinic owner is
contemplating whether or not to take this public.
If interested in helping call me (Diana) at 512-585-4864.
Memo to: WHFPT Members and Friends of Family Planning
> From: Peggy Romberg
> Date: November 19, 2003
>
> Urgent! We need your help!
>
>
> The Texas Department of Health (TDH) and State Board of Health (SBOH)
> have published Proposed Rules for Abortion Facilities in the November
> 14 issue of the Texas Register as a part of their responsibilities in
> implementing HB 15. Unfortunately, the rules and the informed consent
> materials developed by TDH staff has been unduly influenced by
> anti-choice special interest groups and the staff of anti-choice
> members of the Texas Legislature. The proposed rules go beyond what
> is required by HB 15 and statute, and they contain many objectionable
> provisions.
>
> It is clear that TDH must receive a large number of comments,
> objecting to the proposed rules, if we are to be successful in our
> efforts to change them. It is of critical importance that TDH receive
> comments from a variety of individuals, including physicians, health
> professionals, social workers, counselors, educators and clergy.
>
> Comments must be submitted before December 14, to:
>
> Cindy Bednar
> Manager, Health Facility Licensing and Compliance Division
> Texas Department of Health
> 1100 West 49th Street
> Austin, TX 78756
> (512) 834-6646
> (512) 834-6709 (fax)
> cindy.bednar@tdh.state.tx.us
>
> In addition, you may want to send copies of your comments to:
>
> Dr. Eduardo Sanchez
> Commissioner
> Texas Department of Health
> 1100 West 49th Street
> Austin, TX 78756
> (512) 458-7477 (fax)
>
> And
> Mr. George H. McCleskey
> Chairman
> State Board of Health
> 1100 West 49th Street
> Austin, TX 78756
> (512) 458-7202 (fax)
>
>
> Suggestions for comments:
>
> Although comments should be individual, it is very important that
> everyone commenting include the items in bold type below. It has been
> conveyed that TDH wants specific references of what items should stay
> and what items should be removed or eliminated.
>
> 1) The proposed rules, issued by the Texas Department of Health (TDH)
> and State Board of Health (SBOH), go far beyond the statutory
> requirements and stated legislative intent of HB15, in several areas.
> This constitutes an abuse of discretion. A state agency should not
> substitute its judgement for that of the legislature.
>
> 2) By requiring that every woman seeking abortion provide proof of
> identification that includes her date of birth or sign an affidavit
> attesting to her date of birth, the rules exceed the statutory
> authority. But, perhaps more importantly, such a requirement is
> chilling and intimidating for women. They will be fearful that their
> care is no longer confidential. Certainly, non-citizens will be denied
> access, and women in Texas will no longer be able to secure care
> anonymously. Section 139.41 (a)(8)(A)&(B) should be removed.
>
> 3) By requiring that abortion facilities give each and every woman
> seeking an abortion a copy of the informed consent pamphlet and
> resource directory, the proposed rules exceed HB 15 language, which
> only requires that a physician "inform the woman that she has the
> right to view" these materials. In addition, the cost of printing
> these materials will be passed on to providers and eventually to women
> seeking care. Section 139.50 (b)(2)&(3) should be removed.
>
> 4) The proposed rules include a requirement that women be told that
> the physician has an obligation to take all reasonable steps to
> maintain the life and health of a "child born alive" as the result of
> the abortion. Yet, nowhere in HB 15 or Texas law is there such a
> requirement. This provision is blatant misinformation designed to
> shock and horrify women in crisis. The vast majority of abortions are
> performed in the first trimester, well before viability. Section
> 139.52 (a)(4) should be removed.
>
> In addition to these provisions which go beyond the statutes, it is
> anticipated that anti-choice groups will be generating comments
> seeking additional requirements. At the October 30, SBOH meeting,
> representatives of these groups asked that a detailed checklist, where
> each and every item must be "checked off" and the document signed by
> each woman seeking an abortion, be added to the rules. Thus, the
> following is also appropriate to include in comments.
>
> 5) It is my understanding that some individuals requested at the
> October 30, SBOH meeting that each woman seeking abortion also
> complete a detailed checklist of informed consent items. This is not
> necessary and not a requirement under HB 15. TDH and the SBOH should
> ignore the requests calling for a checklist or other requests beyond
> what is specifically required by statute.
>
> Finally, there are some general statements that are appropriate to
> include in comments. A few suggestions follow:
>
> *TDH and the SBOH have apparently lost sight of their public health
> responsibilities, and even more importantly, their responsibility to
> the women of Texas.
>
> *TDH should insure that women have access to medically accurate
> information on which they can base their own decisions whether or not
> to terminate their pregnancies, not developing and publishing biased
> information, forcing it on women, and, in essence, trying to influence
> their decisions.
>
> *The proposed rules are breaking with long-standing and traditional
> medical and counseling standards by offering biased and directive
> information, much of which is inaccurate.
>
> *Instead of protecting the health and safety of women seeking abortion
> services, the proposed rules are trampling the rights of these women
> and creating barriers to health care.
>
> *I urge TDH and the SBOH to amend the proposed rules to eliminate
> every provision that is not required by statute and be absolutely
> certain that all information distributed is accurate and supported by
> mainstream medical groups, such as the American College of
> Obstetricians and Gynecologists.
>
> Please feel free to call or email Peggy Romberg ((512) 448-4857;
> peggy.romberg@whfpt.org) if you have any questions or would like
> further information. You may want to read the proposed rules
> yourself. You may access them on-line through the Texas Register.
>
>
> The direct location in the HTML version of the Texas Register of the
> proposed Abortion Facility Licensing Rules is located at:
>
> http://www.sos.state.tx.us/texreg/archive/November142003/PROPOSED/
> 25.HEALTH%20SERVICES.html#268
>
> (If you can not "click" on the above web address from this e-mail,
> copy and paste the entire above bold web address into your web
> browser).
> -----------------------------------------------------------------------
> -------------------------------
> The locations below indicate where the entire current Texas Register
> edition is located:
>
> HTML Version:
> http://www.sos.state.tx.us/texreg/archive/November142003/index.html
>
> Adobe Acrobat (.pdf) Version:
> http://www.sos.state.tx.us/texreg/pdf/backview/1114/index.shtml
> -----------------------------------------------------------------------
> --------------
>
> **********************************
> Women's Health & Family Planning
> Association of Texas
> P.O. Box 3868
> Austin, Texas 78764
