Arkansas
Statute: A.C.A. § 5-61-301, et seq.
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ACEP Now: Vol 44 – No 01 – January 2025Exemptions: Only instances to save the life of the pregnant woman. Excludes procedures aimed at removing a deceased fetus from spontaneous abortion or treating ectopic pregnancies.
Suggestions: Document ectopic pregnancy, spontaneous miscarriage with a significant threat to the mother’s life. Conditions endangering the mother’s life or causing severe health risks may also qualify for exceptions.
Idaho
Statute: I.C. § 18-501 et seq.
Exemptions: Substantial risk for death or serious risk for an irreversible impairment of a bodily function to the pregnant woman (not including psychological or emotional conditions).
Suggestions: Document the threat to the mother’s life or bodily function.
Indiana
Statute: Ind. Code § 16-34-2-1
Exemptions: Treatment necessary to prevent death or serious health risk to the pregnant woman. Broad license to treat medical emergencies that threaten the mother’s life or bodily function.
Suggestions: Document and certify regarding the serious health risk to the mother’s life or bodily function posed by the disease. For ectopic pregnancy, mention the threat to life/health and evidence supporting that medical treatment may prevent surgery and enhance future fertility.
Kentucky
Statute: KRS § 311.772
Exemptions: Treatment necessary to prevent death, substantial risk for death, or serious impairment of a life-sustaining organ of the pregnant woman.
Suggestions: Document the threat to the mother’s life or bodily function. For ectopic pregnancy, mention the life/health threat and evidence supporting that medical treatment may prevent surgery and enhance future fertility.
Louisiana
Statute: La. R.S. § 40:1061, et seq.
Exemptions: Treatment necessary to prevent death, substantial risk for death, or serious impairment of a life-sustaining organ of the pregnant woman.
Suggestions: Document the threat to the mother’s life or bodily function. For ectopic pregnancy, note the life/health threat and evidence supporting that medical treatment may prevent surgery and enhance future fertility.
Mississippi
Statute: Miss. Code Ann.§ 41-41-31, et seq.
Exemptions: Treatment to remove a deceased fetus. Treatment necessary to preserve the pregnant person’s life or prevent serious impairment of a life-sustaining organ, where waiting 24 hours would create grave peril of immediate and irreversible loss of major bodily function.
Suggestions: Document fetal death or the life/health threat. For ectopic pregnancy, mention the life/health threat and evidence supporting that medical treatment may prevent surgery and enhance future fertility.
Oklahoma
Statute: 63 Okla. St. § 1-745.5
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One Response to “Navigating Strict State Abortion Laws”
January 26, 2025
Antony Hsu, MDThanks for moving this forward! For your fellow ED docs at your shop, please share this article and a copy/paste-able smart phrase that can be shared. Note that the following phrase is not vetted but your site medical director and you could consider reviewing with legal counsel to be triple-sure about the appropriateness.
“I am concerned about the life-threatening risks to the patient due to delays in treatment for *** (e.g. PPROM, impending sepsis, ectopic pregnancy resulting in hemorrhagic shock) and so am initiating *** (e.g.medication, a specialist consult, transfer to nearest capable facility). Patient (***and their family) states that they understand the risks, benefits and alternatives and agrees with the plan.