Termination of Pregnancy Bill 2020- What it means.

The following boxes are excerpts from the 'Termination of Pregnancy Bill 2020'.

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Termination of Pregnancy Bill 2020

"A bill for,

An Act to reform the law relating to pregnancy terminations, to regulate the conduct of health practitioners in relation to pregnancy terminations and to make related amendments to the Criminal Law Consolidation Act 1935 and the Intervention Orders (Prevention of Abuse) Act 2009." Excerpt from:Termination of Pregnancy Bill 2020

Termination of Pregnancy Bill 2020

Termination of Pregnancy Bill 2020

What this means 

This bill introduces a completely new gestational period, that in which a fetus is now able to survive outside of the womb and independent of the mother. Therefore a termination of 'pregnancy' can now be performed without the death of the fetus. Existing SA Abortion Law does not address this issue as the demise of the fetus was an inevitable outcome within the designated gestational limit. After this, viability for life was acknowledged, and with ethical and humane intent, the procedure became illegal. As the objective of the 'termination of pregnancy' bill can be accomplished without the loss of human life, justification must be made as to why the procedure should include taking the life of the fetus.  

Termination of Pregnancy Bill 2020

Division 1—Lawful termination of pregnancies

5—Terminations may be lawfully performed in South Australia

"(b) in the case of a termination performed by a registered health practitioner who is not a medical practitioner—

(i) the termination involves the prescription of a drug; and

(ii) the termination is performed on a person who is not more than 63 days pregnant; and

 

(iii) the registered health practitioner is authorised to prescribe the drug under section 18 of the Controlled Substances Act 1984."

 

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

This is to give health professionals, other than Doctors, the right to administer MS-2 Step abortion pills. The registered health practitioners would most likely include;

  • Chinese Medicine: Chinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner and Acupuncturist.

  • Nursing and Midwifery​Nurse, Registered nurse, Nurse practitioner, Enrolled nurse, Midwife and Midwife practitioner.

  • Pharmacy​Pharmacist and Pharmaceutical chemist.

Pre 22 weeks and 6 days abortions have absolutely no qualifying criteria and no restrictions or directives applied, therefore:

· Abortion purely because of inconvenience is permissible

· Sex selection abortion is permissible

· No requirement to be performed in a prescribed hospital only opens an opportunity for private enterprise and big business

Termination of Pregnancy Bill 2020

6—Terminations by medical practitioner from 22 weeks and 6 days

"(1) A medical practitioner may perform a termination on a person who is more than 22 weeks and 6 days pregnant if—

(a) the medical practitioner considers that, in all the circumstances, the termination is medically appropriate; and

(b) a second medical practitioner is consulted and that practitioner considers that, in all the circumstances, the termination is medically appropriate."

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

 

 

 

 

'Medical practitioner’ means it does not have to be a specialist, therefore late-term terminations can be done by a doctor and for reasons that do not require a specialist’s consultation/advise/diagnosis.

Termination of Pregnancy Bill 2020

6—Terminations by medical practitioner from 22 weeks and 6 days

"(1) A medical practitioner may perform a termination on a person who is more than 22 weeks and 6 days pregnant if—

(a) the medical practitioner considers that, in all the circumstances, the termination is medically appropriate; and..."

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

 

 

 

 

‘all the circumstances’ means whatever is going on in the woman life

‘medically appropriate’ is undefined with broad application that includes the impact on her mental health.

Termination of Pregnancy Bill 2020

6—Terminations by medical practitioner from 22 weeks and 6 days

"(1) A medical practitioner may perform a termination on a person who is more than 22 weeks and 6 days pregnant if—...

(b) a second medical practitioner is consulted and that practitioner considers that, in all the circumstances, the termination is medically appropriate."

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

Post 22 weeks and 6 days abortions have absolutely no specific qualifying criteria, just needs to be ‘medically appropriate’. No exclusions, only directives as to who can perform or assist in the procedure.

 

Therefore, in regards to the treatment of viable pre-term babies;

· Lives can be taken for the mental health of the woman

· No mandate to administer life-saving health care if they are born alive

· Considered to have absolutely no rights

· Considered to have absolutely no value

Termination of Pregnancy Bill 2020

6—Terminations by medical practitioner from 22 weeks and 6 days

"(1) A medical practitioner may perform a termination on a person who is more than 22 weeks and 6 days pregnant if—...

(b) a second medical practitioner is consulted and that practitioner considers that, in all the circumstances, the termination is medically appropriate."

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

Post 22 weeks and 6 days abortions have absolutely no specific qualifying criteria, just needs to be ‘medically appropriate’. No exclusions, only directives as to who can perform or assist in the procedure.

 

Therefore, in regards to the treatment of viable pre-term babies;

· Lives can be taken for the mental health of the woman

· No mandate to administer life-saving health care if they are born alive

· Considered to have absolutely no rights

· Considered to have absolutely no value

Termination of Pregnancy Bill 2020

6—Terminations by medical practitioner from 22 weeks and 6 days

"(1) A medical practitioner may perform a termination on a person who is more than 22 weeks and 6 days pregnant if—...

(b) a second medical practitioner is consulted and that practitioner considers that, in all the circumstances, the termination is medically appropriate."

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

 

Consent to Medical Treatment and Palliative Care Act 1995, Section 13 includes:

(1) Subject to this section, a medical practitioner may lawfully administer medical treatment to a person (the “patient”)

if-

(a) the patient is incapable of consenting (whether or not the person has impaired decision-making capacity in respect of a particular decision); and……(b), (c), and (d) whether the patient has given an advanced care directive.

Termination of Pregnancy Bill 2020

7—Registered health practitioners who may assist

A registered health practitioner who performs a pregnancy termination that is authorised by this Act may be assisted by a registered health practitioner acting in the ordinary course of the practitioner's profession.

 

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

 

 

 

*Eg A psychologist can assist a pharmacist…

A medical imaging technologist can assist a nurse

 

 

 

*Note: ‘authorised’ vs ‘qualified’

Termination of Pregnancy Bill 2020

8—Person may refuse to perform or assist in terminations

'(d) immediately inform the person of their conscientious objection; and...'

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

What if the refusal to perform, assist with or (refer) provide advice (this should be okay) is not based on conscientious objection but medical opinion that, given all the circumstances, it is not in the best health interests of the woman?

Termination of Pregnancy Bill 2020

8—Person may refuse to perform or assist in terminations

'(e) in the case of an objection to performing a termination or providing advice about the performance of a termination—transfer the person’s care to a registered health practitioner who, in the practitioner's opinion, can provide the requested service and does not have a conscientious objection to the performance of the termination or providing advice about the performance of the termination.'

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

 

 

 

This completely nullifies the right to conscientious objection

as this action is a conflict of conscience.

Termination of Pregnancy Bill 2020

10—Termination of pregnancy by unqualified person

'(1) An unqualified person who performs a termination on another person commits an offence.'

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

 

Covers a partner who administers MS-2 step unbeknown to the woman.

But does not cover coercion here, but instead in last clause of the bill Schedule 1, Part 3

Termination of Pregnancy Bill 2020

16—Review of Act

'(1) The Minister must cause a review of this Act and its administration and operation to be conducted on the expiry of 5 years from its commencement.

(2) The review must be completed within 6 months and the results of the review embodied in a written report.

(3) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receiving the report.'

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

 

The Parliament should be shown the 1st (1970) and 2nd (1971) reviews conducted by the appointed committee after the implementation of SA’s original Abortion Law. The fear of evident ethical compromise was clearly expressed and admonished.

Termination of Pregnancy Bill 2020

Part 2—Amendment of Criminal Law Consolidation Act 1935

2—Amendment of section 12A—Causing death by an intentional act of violence

Section 12A—delete "(other than abortion¹)"

3—Repeal of Part 3 Division 17 Part 3

Division 17—delete Division 17

4—Amendment of Schedule 11—Abolition of certain offences

Schedule 11, clause 1—after (29) insert:

; and

(30) abortion.

Excerpt from: Termination of Pregnancy Bill 2020

What this means 

 

 

 

This Part equals removal of abortion from the Criminal Law Act

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