State nurse practitioners can perform first-term abortions
But only if they have special training

By Howard Fischer
Capitol Media Services
Published/Last Modified on Friday, May 16, 2008 3:07 PM MDT


 PHOENIX — Nurse practitioners with special training can perform first-term abortions in Arizona, the state Board of Nursing voted Wednesday.


 The panel concluded that the act of “aspiration abortions,’’ where the fetus is vacuumed out of the uterus, is within the legal scope of practice of nurses with advanced training and experience. They rejected the contentions of an attorney for the anti-abortion Center for Arizona Policy that letting anyone other than a doctor terminate a pregnancy violates Arizona law. Wednesday’s vote, which came with only one dissent, most immediately legalizes most of what Mary Andrews has been doing at a Tucson clinic of Planned Parenthood Arizona since 2001. But it opens the door for other nurse practitioners to begin performing the procedure in the future.

 In a separate vote, the board concluded that nurse practitioners cannot legally do abortions beyond the 13th week of pregnancy.

 Carol Bafaloukos, a spokeswoman for Planned Parenthood, admitted that Andrews has been terminating pregnancies using that same procedure through 16 weeks since 2001.

 But board members chose to impose no penalty, saying that they have never before ruled that second-trimester abortions should not be done by nurse practitioners. And Andrews said she stopped performing those abortions in March and will not do them in the future.

 Wednesday’s action does not end the dispute. The state House already has approved legislation sponsored by Rep. Bob Stump, R-Peoria, which would spell out in statute that only a physician can perform an abortion. HB 2269, which would overrule any board decision, awaits Senate debate.

 And Deborah Sheasby, attorney for the Center for Arizona Policy, said even if Stump’s bill fails or is vetoed, she believes existing statutes already make it more than clear that nurse practitioners cannot perform abortions. She said her organization may sue to get a judge to reach the same conclusion.

 Nursing is generally regulated in state law. But the scope of what they can do generally is spelled out in regulations.

 Nothing in those rules mentions abortions. Instead they say only that nurses with certain advanced training may “perform therapeutic procedures that the registered nurse practitioner is qualified to perform.’’ Wednesday’s board vote clarifies for the first time that “aspiration’’ abortions performed in the first 13 weeks of pregnancy fits that definition.

 But Stump, who chairs the House Health Committee, said it is the Legislature that should decide who gets to terminate a pregnancy, getting House members to approve on a 32-28 margin. Even if the Senate goes along, however, the odds may be against the measure becoming law. While Gov. Janet Napolitano does not comment on pending legislation, she already has vetoed two measures this session designed to put some new restrictions in statute.

 Sheasby said while Stump’s measure would “clarify’’ the law, she does not believe its approval is necessary to halt nurse practitioners from performing abortions.

 She noted one state statute dealing with licensing abortion clinics refers only to doctors performing the procedure. But Sheasby acknowledged a federal court has barred the state from enforcing that law.

 Sheasby said even if that law never gets to take effect, she believes it is clear the Legislature never intended for nurse practitioners to perform abortions. She said lawmakers have recrafted laws about nurse practitioners over the years, often expanding what they can do, but never once decided they also can do abortions.

 But Lawrence Rosenfeld, an attorney for Planned Parenthood, said he reads Arizona law the other way. He said the fact that no law specifically prohibits nurse practitioners from performing abortions means that the state Board of Nursing gets to decide the issue.

 Bafaloukos said Planned Parenthood uses a nurse practitioner to perform abortions because the demand for services exceeds what its doctors can provide. She said the board’s decision to bar Andrews or anyone else from terminating pregnancies when a fetus is beyond 13 weeks might result in some delays for women at that stage because they now will have to wait for a doctor to have time in the schedule.

Comments

    Luciano Da Vinci wrote on Sep 14, 2010 1:34 PM:

    " This is a great movement. I believe that nurses should be able to do this. As a nurse about to finish my Nurse Practitioner, I can say I cannot wait to move to Arizona and begin patriotically defending this nations laws, and assisting women in their hour of need. I support this firmly, and to those whom fight abortion for religious contentions and say they want to protect children...I say maybe you should stop circumcising baby boys before you talk about how you want to anti-patriotically fight abortion LAWS. IT IS...THE LAW...WANT TO FIGHT THIS LAW? MOVE TO IRAN. These Christian and Catholic religious fanatics have no problem cutting up babies as long as its by their hypocritical terms. "God made us in his divine image--now lets cut up that image." You VICTIMIZE children THOUSANDS of times a day...you want a fight for childrens rights? Fight that. "

    Teresa Rodriguez wrote on May 21, 2008 6:39 PM:

    " What a horrigying tragedy.....I went into nursing (received my BSN in 1984) to help people to get well, NOT to kill them. It is a very sad situation that the tragedies and "deceptions" of abortion are now infiltrating this noble field(nursing) of "wellness". Shame on you nurse practitioners that are agreeing to perform abortions.....please remember these two simple rules given to us : one by our Creator (God ) and the other one by medical science~1.) Thou shall not kill (that is exactly what an abortion does) and 2) life begins at conception ( a no brainer). "

Write a Comment

Comment posters are responsible for the opinions they express and the accuracy of the information they provide. We urge comment writers to treat this as a public forum where manners matter. We encourage a collegial, non-insulting tone. All readers comments must be approved by our staff before posting to the Web site. They review submitted comments periodically during the day for offensive or off-topic content before posting. Be aware, in accordance with the Communications Decency Act and provisions upheld in judicial appeal, that you are responsible for comments posted on this Web site. The Douglas Dispatch is not liable for messages from third parties.

DO NOT POST:
* Potentially libelous statements or damaging innuendo.
* Obscene, explicit, or racist language.
* Personal attacks, insults or threats.
* The use of another person's real name to disguise your identity.
* Comments unrelated to the story.
* Personal Information (phone numbers, addresses, etc.)

Opinions, advice and all other information expressed in douglasdispatch.com's reader comments represent the individual's own views and not necessarily those of the Douglas Dispatch. The Douglas Dispatch does not endorse and is not responsible for statements, advice or opinions offered by anyone other than authorized Douglas Dispatch spokespersons.

Your thoughtful contribution to the online discussion is appreciated.

(optional)
   









Contact Us

Email the Editor
530 11th Street
Douglas, AZ 85607
tel: 520.364.3424
fax: 520.364.6750
Subscribe Online
Place A Classified