Performing an abortion because of a Down syndrome diagnosis would become a criminal act under legislation (Senate Bill (SB) 164) passed by the Ohio Senate on November 15. On November 14, the Ohio Academy of Family Physicians submitted testimony opposing SB 164 written by OAFP President Don Mack, MD, and OAFP Past President Sarah Sams, MD, to members of the Senate Health Committee for their consideration. Testimony focused on the bill’s negative impact and inappropriate intrusion into the patient-physician relationship and the fact that the bill undermines a patient’s ability to consult with her physician and criminalizes a physician for discussing a legal, safe, and appropriate health care service with their patients.
SB164 would prohibit a doctor from performing the medical procedure if they know the woman is seeking an abortion because of a test result indicating Down syndrome in the fetus, a prenatal diagnosis of Down syndrome, or any other reason the woman believes the fetus has Down syndrome. Doctors who violate the prohibition would face a fourth-degree felony, revocation of their medical license, and possible civil penalties.
The bill passed 20-12, with Senators Matt Dolan (R-Chagrin Falls, OH), Stephanie Kunze (R-Hilliard, OH) and Gayle Manning (R-North Ridgeville, OH) joining Democrats in opposing the measure.
A similar bill, HB 214, passed the House on November 1. On October 11, OAFP President Dr. Mack and OAFP Past President Dr. Sams presented similar testimony before the House Health Committee in opposition to HB 214.
The OAFP follows the American Academy of Family Physicians policy on the criminalization of medical practice which states “the AAFP takes all reasonable and necessary steps to ensure that medical decision-making and treatment, exercised in good faith, does not become a violation of criminal law.”
SB 164 now goes to the House for consideration and HB 214 is now being considered by the Ohio Senate. If either of these bill is enacted into law, the issue will most likely end up being decided by the courts.
I am totally in favor of SB 164, as I have a daughter with Down Syndrome. As a physician I am disgusted at the lack of sensitivity to the life of the human being in the womb. In direct violation of the Hippocratic Oath is the taking of a human life, inarguably a separate being from the mother. Further, any child or adult with DS far surpasses anyone else’s capacity to love unconditionally and bring absolute joy to the parents. We need as a society to push our selfish pride aside and realize the sacredness of every individual on this earth. With all due respects…..