THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, September 24, 1994 TAG: 9409240241
SECTION: FRONT PAGE: A3 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: PHILADELPHIA LENGTH: Medium: 71 lines
Clinics across the state have found a loophole in Pennsylvania's new abortion law, which requires doctors to ``orally'' inform women of their options 24 hours in advance: The clinics have put a doctor's three-minute message on tape, enabling women simply to phone in ahead of time.
Such recordings are also used in Ohio, Nebraska, North Dakota, Utah and Kansas.
Abortion rights activists said the recordings spare some women the need to travel to a clinic twice - once for counseling and once for the abortion.
``There are obvious advantages,'' said Barbara Rinto, executive director of Planned Parenthood in Cincinnati. ``There are several clinics in Cincinnati but no one else for 100 miles. . . . We have people traveling from a multistate area. It eliminates the need for extra travel.''
Abortion opponents in Pennsylvania say the clinics are violating the spirit - if not the letter - of the state law, which went into effect in March. They have urged the state to take legal action against those clinics.
``In my opinion, if the legislature had wanted us to do face-to-face, two-trip counseling, they would have said so,'' said Austin Kirkbride, spokeswoman for the Women's Suburban Clinic in Paoli. ``Other portions of the law are very specific in their language.''
Senior Deputy Attorney General Kate L. Mershimer said the state once argued that the counseling could be done by phone.
``But I don't think tape recorders were ever discussed,'' she said. ``How is a tape going to address a woman's concerns or answer any questions?''
In North Dakota, which requires doctors to counsel women ``orally,'' an appeals court ruled that the law allows telephone recordings, said Kathryn Kolbert, vice president of the Center for Reproductive Law and Policy in New York.
Abortion opponents question why abortion-rights advocates, in fighting Pennsylvania's law, argued so vehemently about the burden of having to make two trips to an abortion clinic. The U.S. Supreme Court in 1992 upheld Pennsylvania's 24-hour delay.
``Now they're saying, `We'll just do this over the phone.' What kind of a burden is that?'' said Michael McMonagle, spokesman for the Pro-Life Union of Southeastern Pennsylvania. ILLUSTRATION: Graphic
EXCERPTS FROM TAPED MESSAGE
Excerpts from a doctor's recorded message at the Elizabeth
Blackwell Health Center for Women in Philadelphia:
``If you are pregnant you have three choices: You can continue
your pregnancy to term; you can continue your pregnancy to term and
give the child up for adoption; or you can choose to terminate the
pregnancy. Each one of these options has a certain amount of risks.
. . .''
``Abortion is a safe option, but it is a surgical procedure. . .
.''
``Because abortion is a surgical procedure, although a very safe
one, there are certain risks involved. These risks in many cases are
similar to the risks in continuing a pregnancy to term. They include
bleeding, infection, retained tissue from the pregnancy and, very
rarely, damage to the uterus which may require an operation. . .
.''
``Now, if you have any questions, we can schedule an appointment
with you to consult further with either a physician or a
counselor.''
KEYWORDS: ABORTION by CNB