Story Created:
Aug 11, 2009 at 2:34 PM CST
Story Updated:
Aug 11, 2009 at 5:28 PM CST
"This is simply an attempt to stop a law that protects woman's health in the state of Oklahoma from going into effect but their own practices show there is nothing unusual about this law," said Teresa Collete, Attorney General, Special Assistant.
Collete says she's not sure why Tulsa Reproductive Services is challenging this law, because she says records show all of their physicians already comply with the law. But the plaintiff says the new law goes too far because it takes away a woman's choice.
"It requires her to be subjected to the description even if she doesn't want it and it is an intrusion into the patient/doctor relationship and it also is a threat of patients dignity," said Stephanie Toti, who represents Tulsa Reproductive Services.
Toti says this new law that hasn't gone into effect due to this lawsuit will force a woman to have an ultrasound and listen to the doctor describe the picture before an abortion takes place. If they don't, the doctor could face a felony charge. She says the old law let the woman decide if she wanted to have an ultrasound before the procedure or not. Another topic discussed at today's hearing was RU486, the abortion pill. The new law requires physicians to administer it a certain way or, again, they could be facing a stiff penalty.
"If a doctor decided in his or her medical judgment performs a procedure in a certain way or prescribes the medication in a certain way and a prosecutor thinks it should have been done differently, the prosecutor can charge the doctor with a felony," said Toti.
But the state stands by this new law and says the state will regulate abortions.
"There's really nothing new to the law, accept now we put state statues to it because the FDA doesn't have penalties per say," said Collete.
The judge will rule on this case August 18th.