New OK Abortion Law and Patient Privacy

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    a new oklahoma law requires physicians to disclose detailed information on women's abortions to the state's department of health, which will then post the collected data on a public website. the controversial measure comes into effect on november 1 and will cost $281,285 to implement, $256,285 each subsequent year to maintain.
    oklahoma women undergoing abortion procedures will be legally forced to reveal:
    1) date of abortion
    2) county in which abortion is performed
    3) age of mother
    4) marital status of mother
    5) race of mother
    6) years of education of mother
    7) state or foreign country of residence of mother
    8) total number of previous pregnancies of the mother
    proponents of the legislation claim that women should not be concerned over their privacy since no names or "personal information" will be reported. this defense is questionable. feminists for choice argues, "in reviewing the actual text of the law, the first 8 questions that will be asked and reported could easily be used to identify any member of a smaller community."
    the center for reproductive rights, former state rep. wanda jo stapleton (d-okla.), and okla. resident lora joyce david have filed a lawsuit to prevent this contentious abortion bill from going into effect, on the grounds that it violates the state's constitution.

    http://www.huffingtonpost.com/2009/1..._n_313779.html


    i know the lawsuit involves the state constitution, but how is this not a hipaa violation? true, there are no patient names, but i think you could identify a patient with that information. even if it doesn't violate hipaa, don't these patients have a right to privacy? despite how you feel about abortion, it's still a legal medical procedure. i don't think the state should force clinics to report patient demographics online for all to see. what exactly is the purpose of this law anyway?



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  3. 35 Comments so far...

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    Honestly it all seems like statistical stuff and I don't see how it can be used to identify anyone, so personally I wouldn't care giving out the info. Now if my name or birthday and initials and so on were being collected I would agree it's a breech of privacy, but it's no different then the census bureau IMO

    Just to add, I am speaking only on if I think this is a breach of privacy, not on funding for this or any of that, I won't get into all the money we waist on all kinds of stuff. Batman is right though, very easy to lie on any of it. With that though, I don't see how anyone can be identified from it.
    Last edit by ~Mi Vida Loca~RN on Oct 20, '09
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    What a colossal waste of money. Feed the poor, help the homeless, buy books for a school...nah some crap stats are the much wiser choice. I hope some of the women can go to a neighboring state to avoid this idiocy.

    I wonder if the genuises realize that the women can lie about half of what is on that list of questions. I can say I am married with 4 children at home and that I have a PhD. What are they going to do ask to meet my hubby and kids and to see a copy of my diploma? If I'm white and say I am Latino, Indian, or black not much they can do about that either. lol

    I see this as an intimidation and nothing short of that. Fear tactic.
    GCTMT, StNeotser, NRSKarenRN, and 2 others like this.
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    all i can say is that the very thought of this bill appalls me. so much for the right to privacy. where i live, those questions would reveal all. there has never been an abortion done for any reason in my county, other than the illegal variety or as a d&c. the way news travels here, when i jabbed myself after injecting a psych patient who had tested positive for syphilis, and i had to be tested for six months, the whole town knew after my first lab was drawn. i shudder to think of who would find out had i had an abortion (i'm now past the age of needing one.) this bill is dastardly! my: the drafters of this heinous bill have never worked with a 10 year old incest victim!:angryfire

    kathy
    sharpeimom
    StNeotser, Elvish, Moogie, and 4 others like this.
  7. 6
    Quote from ~Mi Vida Loca~
    Honestly it all seems like statistical stuff and I don't see how it can be used to identify anyone, so personally I wouldn't care giving out the info. Now if my name or birthday and initials and so on were being collected I would agree it's a breech of privacy, but it's no different then the census bureau IMO

    Just to add, I am speaking only on if I think this is a breach of privacy, not on funding for this or any of that, I won't get into all the money we waist on all kinds of stuff. Batman is right though, very easy to lie on any of it. With that though, I don't see how anyone can be identified from it.
    I don't know, this is Oklahoma. It's very possible that those are enough questions to reveal someone's identity, especially if the person just happens to be of a minority race. Why is race a question anyway? What does that have to do with anything? Where I agree that it would not be possible to identify everyone, I think it is very possible that some people could easily be identified by these questions. Those are just the first 8, the law actually requires disclosing the answers to 37 questions.
    Moogie, herring_RN, Lennonninja, and 3 others like this.
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    All I can find on this article are on opinon websites, no neutral news sources.
    Makes me wonder what the specifics on it are.

    For instance; is EACH INCIDENT of voluntary abortion going to be posted on the website? OR is the state using the data to compile statistical analysis of abortion for posting on the website.

    If the former, it's pretty useless.
    If the latter, this could be a good tool for revealing social problems and exposing some erroneous thoughts and stereotypes.

    The actual text of the law in question can be found here:
    http://www.sos.state.ok.us/documents...1R/HB/1595.pdf

    (WARNING: 30 Pages!)

    Now that I've read over it..
    The title is "The Statistical Reporting of Abortion Act" which leads me to believe that this is a research-based project wherein the individual patient data would not be publicly accessible but rather would be included in data for evaluation.

    Reading over the REST of the questions (only the first 8 are reproduced above) and reading over how the data will be transmitted and collected; I think that the privacy of the individual patient is still intact. The physician will be submitting the data to the State and they will use the data to compile statistical analysis of medical and social signifigance.

    Personally I think it's a good move.
    We need research like this to reveal problems that lie hidden in society in order to develop a response before these problems get out of hand.
    Until now we continue to guess about the reasons for abortion and make assumptions.
    This will give hard numbers and data to reveal factual information.

    The data collected could support either side of the abortion issue.
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    I think this is absolutely disgusting! What are the rest of the questions? Their address? Hair color? Blood type? Favorite food? And if it's for "statistics" rather than trying to shame the women, why is it posted on a public, searchable website?
    sharpeimom likes this.
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    Quote from Batman24
    What a colossal waste of money. Feed the poor, help the homeless, buy books for a school...nah some crap stats are the much wiser choice. I hope some of the women can go to a neighboring state to avoid this idiocy.

    I wonder if the genuises realize that the women can lie about half of what is on that list of questions. I can say I am married with 4 children at home and that I have a PhD. What are they going to do ask to meet my hubby and kids and to see a copy of my diploma? If I'm white and say I am Latino, Indian, or black not much they can do about that either. lol

    I see this as an intimidation and nothing short of that. Fear tactic.
    let's see if i can put this in a way that wont get me booted......so, the freaking SOB's are at it again....watching that film wasnt enough, so now they are intent on outing every woman in their state that has an abortion....arseholes
    StNeotser, Moogie, Batman24, and 2 others like this.
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    The point of the law is to try to intimidate women into not having a safe, legal medical procedure. I also live in a small town in a rural area, and the information required under this bill would be more than enough to identify specific women in many small towns.

    Since the anti-choice people have been unsuccessful in getting abortions outlawed outright, they are now working on chipping away at access (waiting periods, putting additional, unreasonable restrictions and requirements on clinics, attempting to ban late procedures, etc.) and attempting to initimidate providers and women.
    StNeotser, Moogie, sharpeimom, and 1 other like this.
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    Quote from elkpark
    The point of the law is to try to intimidate women into not having a safe, legal medical procedure. I also live in a small town in a rural area, and the information required under this bill would be more than enough to identify specific women in many small towns.

    Since the anti-choice people have been unsuccessful in getting abortions outlawed outright, they are now working on chipping away at access (waiting periods, putting additional, unreasonable restrictions and requirements on clinics, attempting to ban late procedures, etc.) and attempting to initimidate providers and women.
    yes, yes, yes......now, the question is *** are we going to do about it? i would think that the clinics would HAVE TO refuse to obey this law d/t HIPAA violations.....and why would they be gathering info that is NOT nec for the medical care they provide!!!!!
    Moogie and sharpeimom like this.


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