When is it okay to have an abortion? The Louisiana Department of Health is trying to clear up confusion on Louisiana's abortion ban with a public hearing today.
When the state legislature passed its abortion ban, it delegated authority on what medical circumstances would qualify as exceptions to LDH. The department released a list in August, but confusion led to a woman having to travel out of state to terminate a pregnancy where the fetus didn't develop a skull.
Loyola law professor Dane Ciolino says doctors and hospitals need to know they're protected from liability.
"The safe harbor gives abortion providers some clear guidance as to when it's going to be clearly appropriate to perform an abortion," he said.
Even so, some doctors and hospitals are concerned about their liability should they be accused of performing an illegal abortion.
"Doctors and hospitals have been very cautious about performing any procedures that look like an abortion because of the severe consequences," Ciolino explained. "It's a felony to perform an abortion that's not authorized under the abortion statutes and regulations, so doctors are understandably skittish about doing it."
Ciolino says that's why the Department of Health is holding this administrative review: to offer clarity.
One exception that is not allowed is terminating a pregnancy that results from rape. Gov. John Bel Edwards says he would like the legislature to amend the law to allow for it.
