Because of Idaho’s abortion ban and a court decision that does not protect emergency room physicians from prosecution under that law, some Idaho physicians are advising their pregnant patients, or those trying to become pregnant, to purchase memberships with companies like Life Flight Network or Air St. Luke’s in the Boise area to avoid potentially significant costs if they need air transport in an emergency.
“If a pregnant patient is experiencing an emergency medical condition and abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment to stabilize that patient,” said Ohio health care attorney Jennifer Nelson Carney. She called it the “classic legal analysis of slippery slope,” and potentially criminalizing conduct covered under EMTALA “places health care providers in a very grim situation of risking criminal liability if they follow just their expertise, training and ethical obligations.”
“The big problem right now for us is that Issue 1 has passed … and yet we have seen nothing done with the laws in Ohio,” said Dr. Amy Burkett, an OB/GYN who also served on the board of directors for Ohio Physicians for Reproductive Rights, a leader in the campaign to pass Issue 1. With those lawsuits still working their way through the courts, Dr. Marcelo Azevedo, also a member of OPRR as part of its executive committee, said the EMTALA decision from the Supreme Court could have the same effect that the undoing of Roe v. Wade had on Ohio medicine.
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