Originally posted by Gatefan1976
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Excerpts from:
https://www.factcheck.org/2019/02/ad...-abortion-law/
The RHA permits abortions when — according to a medical professional’s “reasonable and good faith professional judgment based on the facts of the patient’s case” — “the patient is within twenty-four weeks from the commencement of pregnancy, or there is an absence of fetal viability, or the abortion is necessary to protect the patient’s life or health.”
In other words, women may choose to have an abortion prior to 24 weeks; pregnancies typically range from 38 to 42 weeks. After 24 weeks, such decisions must be made with a determination that there is an “absence of fetal viability” or that the procedure is “necessary to protect the patient’s life or health.” That determination must be made by a “health care practitioner licensed, certified, or authorized” under state law, “acting within his or her lawful scope of practice.”
In other words, women may choose to have an abortion prior to 24 weeks; pregnancies typically range from 38 to 42 weeks. After 24 weeks, such decisions must be made with a determination that there is an “absence of fetal viability” or that the procedure is “necessary to protect the patient’s life or health.” That determination must be made by a “health care practitioner licensed, certified, or authorized” under state law, “acting within his or her lawful scope of practice.”
New York’s new law does not explicitly define “health.”
In what is considered a companion case, Doe v. Bolton, the U.S. Supreme Court held that “medical judgment may be exercised in the light of all factors — physical, emotional, psychological, familial, and the woman’s age — relevant to the wellbeing of the patient. All these factors may relate to health. This allows the attending physician the room he needs to make his best medical judgment.”
In what is considered a companion case, Doe v. Bolton, the U.S. Supreme Court held that “medical judgment may be exercised in the light of all factors — physical, emotional, psychological, familial, and the woman’s age — relevant to the wellbeing of the patient. All these factors may relate to health. This allows the attending physician the room he needs to make his best medical judgment.”
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