Archives - Abortion, Mental Health Bills Advance
January 2008
Virginia General Assembly: Abortion, Mental Health Bills Advance
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"RICHMOND - A pair of bills that could curb some abortions in Virginia won approval Monday in a House of Delegates committee.

The House Courts of Justice Committee voted 18-4 to advance measures requiring that an ultrasound procedure be conducted before an abortion.

One of the bills also would require that a woman be informed that she has the option “to anesthetize the fetus in a manner consistent with that commonly used with a human undergoing an amputation.”

The bills sponsored by Del. Kathy J. Byron, R-Campbell County, and Del. Ben L. Cline, R-Rockbridge County, were sent to the floor of the House of Delegates, where they are expected to pass.

“I think they will pass out of the House and then it’s anyone’s guess what will happen to them in the Senate,” said Del. David J. Toscano, D-Charlottesville.

“They are clearly aimed at restricting a woman’s right to choose how to protect her reproductive health,” said Toscano, who voted against Byron’s House Bill 1315, to require an “opportunity to view [an] ultrasound image,” and Cline’s House Bill 1556, to also require an offer to anesthetize the fetus and that women be told that by 20 weeks a fetus can feel pain.

Del. Brian J. Moran, D-Alexandria, asked Byron whether her bill would impose an undue cost burden on a woman seeking an abortion by requiring the procedure. Byron said she did not think it would impose such a burden.

Toscano asked her if Virginia law requires physicians to do procedures before any other operation.

“I would imagine you might be able to answer that better than I, sitting on the Courts Committee,” Byron responded. “All’s I know is that I think that is a very big important part of informed consent in that any time we can give added protection to the health of a woman that the doctor would welcome the ability to give a more precise gestation age to protect his interests as well.”

In other action, a number of bills to reform Virginia’s mental health system advanced with little opposition, including a bill to require that a parent be told if a child receives mental health counseling.

Del. L. Scott Lingamfelter, R-Prince William County, said his bill requires state and local employees other than a school employee to notify a parent within five days of treating a minor.

Notice could be given a parent in person, by telephone, “by certified mail or by electronic means … except when the service provider determines, in the exercise of his professional judgment, that notice to the parent [or guardian] would be reasonably likely to cause substantial harm to the minor or another person.”

Lingamfelter said the bill is important “because parents should be part of the solution” if a child receives mental health counseling. He noted that state law already requires parental notification for a child to receive an abortion and parental consent to get a tattoo. His bill received preliminary House approval.

Other bills advanced in House and Senate committees as part of the largest changes proposed to Virginia’s mental health law in three decades. The House Courts of Justice Committee sent its major mental health reform legislation to the House Appropriations Committee for budget analysis.

Similar legislation advanced from a Senate committee to loosen the state’s tough standard for involuntary commitment, require more stringent monitoring of those receiving outpatient treatment to make certain they get the treatment and to allow more sharing of mental health records." (Bob Gibson, The Daily Progress, January 29, 2008)


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