Arkansas Board of Health vote OKs abortion phrase

It restores ‘death of unborn’

In a 13-7 vote, the Arkansas Board of Health on Thursday gave preliminary approval to regulations defining abortion as the "death of the unborn child" -- a phrase the board had attempted to remove from the rules earlier this year.

The regulations, which govern facilities that provide abortions, would implement several laws passed by the Legislature last year, as well as the parts of a 2013 law that remained in effect after a federal judge struck down another part that banned most abortions at or after 12 weeks of pregnancy.

At least three of the 2015 laws define abortion as a procedure meant to terminate a pregnancy with the "knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child."

After some members of the Board of Health objected to that definition, the board voted 12-6 in January to use the phrase "termination of the pregnancy" in place of "the death of the unborn child."

Gov. Asa Hutchinson rejected that change, sending the regulations back to the board.

On Thursday, the board approved a version of the regulations restoring the use of the phrase, "death of the unborn child."

The vote was conducted by a show of hands, with some members who participated via a conference call voting by voice. Meg Mirivel, a spokesman for the state Department of Health, said the vote was 13-7.

One member of the 24-member board had an excused absence, she said. Surgeon General Greg Bledsoe, who is a member of the board, arrived at the meeting after the vote.

Jim Lambert, the board's president, said, "I don't like the language more than anybody else."

But, after the meeting, he said he voted for the regulation because "it's just going to keep coming back to us if we don't do something."

"If we want to deal with that issue we need to elect different legislators," Lambert said. "The law's the law."

Board member Greg Harper, who proposed the phrase "termination of the pregnancy" in January, said the language referring to a death is "inflammatory and hurtful to women" and doesn't help protect the public.

"I think women have enough sense to know when they go in for this procedure what it is and what the consequences are," Harper said.

He urged board members to "vote your conscience," and said the Health Department could issue the regulation without the board's approval.

Robert Brech, the Health Department's chief financial officer, said the idea of the department, instead of the board, passing a regulation is "untested" and could create an opening for legal challenges to other regulations that have been passed by the board.

Board member Robbie Thomas-Knight called the language in the regulation "shaming, blaming, inflammatory."

Member Anika Whitfield, who participated via phone, also sided with Harper.

"I think it's our moral obligation to share our position and to stand firmly," she said.

Lambert noted that most women seeking abortions will never see the state regulations.

Meanwhile, language referring to the death of an unborn child is already in consent forms that minors seeking abortions are required to sign under Act 934 of 2015, sponsored by Rep. Justin Harris, R-West Fork.

A form created by the Health Department under the law has been available to abortion providers since Jan. 1.

The regulations approved Thursday will go back to Hutchinson and then to committees of the Legislative Council after a public hearing and 30-day public comment period.

Hutchinson spokesman J.R. Davis said the governor supports the board's decision to approve the regulations.

The vote came three weeks after the Arkansas State Medical Board abandoned its attempt to use the term "fetus" instead of "unborn human individual" or "unborn child" in its abortion regulations.

Board members had said "fetus" was an accepted medical term, while "unborn child" was not.

After members of the Legislative Council's Administrative Rules and Regulations Subcommittee complained about the change in January, an attorney for the medical board agreed to ask the board to reconsider it.

The medical board approved regulations using the terms "unborn child" and "unborn human individual" on April 7.

Sen. Jason Rapert, R-Bigelow, said Thursday that lawmakers want regulations to accurately describe the consequences of abortions.

To suggest that legislators are trying to shame women who undergo the procedure is "insulting to the intelligence of the Arkansas Legislature and the governor of the state of Arkansas," he said.

He said he's "very disturbed about the activism that we have seen" on the medical board and Board of Health and that he and other legislators are "mulling over what sort of corrective action we need to take."

"If I was the governor and I had someone that was directly disrespecting their position, not performing their duties as outlined, interfering with carrying out the will of the Arkansas Legislature and the state of Arkansas, I would ask for their resignation immediately," Rapert said.

Davis said Hutchinson had no comment on Rapert's suggestion he seek board members' resignations.

A Section on 04/29/2016

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