Idaho women deserve to know the facts about abortion before they concider their options, and the state should continue pursuing strong, informated concent laws, writes Janice McGeachin, as as Post Register Guest columnist.

Women have the right to know

The U.S. Supreme Court has recognlzed that states have a ligitimate interest in protecting the health of the woman and of the unborn child.  In Planned Parenthood v. Casey (1992), the court upheld the right of a state to enact regulations to ensure that a woman's decision on abortion is fully informed.  I believe that women are entitled to know the facts and information about the life-altering procedure of abortion.  More importantly, I believe that strong informed concent laws will protect women and save lives, and that is why I am committed to strengthening Idaho's statute on informed consent.    In February 2003, it was, brought to my attention that there are several weaknesses with Idaho's statute on informed consent.  First of all, there is no medical emergency exception and definition applicable to the abortion Statute that imposes a 24-hour waiting period after obtaining concent before an abortion can be performed on an adult.  The Attorney General's Office has identified this to be a statute at risk, so I agreed to co-sponsor legislation to correct this weakness.  After listening to the concerns of others, we amended our legislation to use the definition of medical emergency in Idaho's parental consent statute.    In July, the 9th Circuit Court of Appeals ruled that the definition of medical emergency contained in the parental consent statute is unconstitutional and struck down the entire statute.  The 9th Circuit Court has just denied the state of Idaho's request for an appeal, and Idaho taxpayers will be paying several hundred thousand dollars for the cost of this litigation.  The definition of medical emergency contained in the parental consent statute, which most of us in the pro-life cornmunity support, is more restrictive than the court would allow    Another weakness in current statute that I tried to correct had to do with the informed consent materials

given to women.  The statute states that the "director of Health and Welfare shall publish, after consultation with interested parties, easily comprehended materials."  These interested parties include those from the pro-life and the pro-choice communities.    The legislation I proposed removed the requirement to seek consultation with other parties and was very explicit about information that needed to be included.  For example, it requires a statement of policy that Idaho statutes shall be interpreted to prefer live childbirth over abortion.    Additionaly, it requires explicit information regarding the development of the unborn child, information describing the methods of abortion procedures, the medical risks associated with such procedures, the medical risks, whether physical or psychological, associated with abortion, and medical risks associated with carring a cjild to term.    These requirement, along with many others, would have been written into staute and not left to the subjective determination of the agency, the governor or any other interested party.    This pro-life legislation passed the Idaho Senate but was defeatedin the House Health and Welfare committee.  During this past year, I was invited by the governor's office to participate in compelling information to meet the current statutory requirement for these informed consent materials.  Upon cosultation with the interested parties, a final draft has been provided to the governor for his approval.  This final draft does not include all the information that I proposed and that I support, but the decision is not mine to be made.  A better solution is to change the statutory requirements.    I believe that life begins at the moment of conception, and I will continue the fight to protect the rights of the unborn child.  This is a hard and emotional issue that most people don't want to touch.  But I believe that women deserve better information.    McGeachin, R-Idaho Falls, is serving her first term in the Idaho House of Representatives.  You can write to her of 6121 N. Fifth West, Idaho Faits, ID 83401.