NHealth Have a Miscarriage, Go to JAIL?

[Guest guest]

- Deon M.

Sunday, June 08, 2008 11:25 PM

NHealth> Have a Miscarriage, Go to JAIL?

 

 

- dorothy toto

Monday, March 03, 2008 11:17 PM

NHealth> Have a Miscarriage, Go to JAIL?

 

If this bill passes in Virginia you can be damned sure it will soon become Federal Law!VA Legislative Sentry: Have a Miscarriage, Go to JAIL? by Maura in VA Thu Jan 06, 2005 at 04:44:34 PM PSTImagine the following scenario. You are at home alone at 8:00 on a Friday night. You are 8 weeks pregnant. All of a sudden, you begin to experience heavy cramping and bleeding. You realize with shock and sadness that you are probably experiencing a miscarriage. You are overwhelmed with grief and surprised by the intensity of physical pain involved. When your partner comes home, you break the sad news to him. Over the next few hours, you suffer pain, cramping, and intermittent bleeding. Exhausted, you finally fall asleep in your partner's arms around 4 AM. You sleep until noon.Guess what? You just earned yourself up to 12 months in jail and a $2,500 fine. Why? Because you failed to call the cops and report your miscarriage within 12 hours.True? Not yet. But if Delegate John Cosgrove (R-78) has his way, HB1677 will become law in a few short months, and this scenario will be reality for many women in Virginia. Incredulous? Outraged? Read on below the jump for more information on this odious bill.Maura in VA's diary :: :: Overview of HB1677, "Report of Fetal Death by mother, penalty"It sounds preposterous to talk about criminalizing women who suffer miscarriages, but one Virginia legislator is proposing just that. HB1677, "Report of Fetal Death by mother, penalty" is a bill introduced by John A. Cosgrove ® of Chesapeake. Cosgrove's bill requires any woman who experiences "fetal death" without a doctor's assistance to report this to the local law-enforcement agency within twelve hours of the miscarriage. Failure to do so is punishable as a Class 1 Misdemeanor.Background: Reporting of Fetal DeathsAlmost all states mandate reporting of fetal deaths to vital statistics bureaus. These statistics are then collected nationally by the CDC. In most states, health care providers must provide reports on fetal deaths after 20 weeks gestation (or at a certain fetal weight approximating 20 weeks gestation). Virginia is one of only 7 states, however, that mandate the reporting of loss of all "products of conception" regardless of gestational age. This includes both spontaneous losses of pregnancy and induced terminations of pregnancy, though the required data elements are different for abortions.In Virginia, all losses of pregnancy must be reported by health care providers according to current law. The reality, though, is that countless women experience spontaneous abortions in the first few gestational weeks without even being aware of pregnancy, so not all losses of "products of conception" are reported. Women who experience miscarriages at home without a doctor's care may not even think to inform their doctors, especially if the pregnancy is so early that they have not yet even sought prenatal care. Until this bill, though, no one has suggested it was in the interest of the Commonwealth of Virginia to track down these unreported losses of "products of conception".The Bill ItselfFull text of HB1677: When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor. The Bill: The Most Odious Infringement on the Privacy of Virginia women...everDelegate Cosgrove's bill is an outrageous attack on the privacy of Virginia women. Consider this - there is no law mandating that a woman must report a pregnancy to the Commonwealth, or even seek medical treatment for one. But this bill proposes that a woman report a LOSS of a pregnancy to the Commonwealth, whatever the gestational age of the embryo/fetus.Furthermore, this bill means that a woman who experiences a spontaneous loss of pregnancy will have her privacy violated significantly more than if she had chosen an abortion. Though Virginia requires that induced terminations of pregnancy be reported, those reporting forms require only a "patient number" and information on the procedure. The "report of fetal death" asks for the woman's full name, her history of prenatal care, her marital status, her education history, her previous deliveries (if any), and a number of other very intrusive data items.If the miscarriage occurred under a physician's care, all of this information would be provided by the physician out of the patient's medical records. Physicians and/or funeral directors are given 24 hours to file this report. Delegate Cosgrove's bill gives women who experience miscarriage without a doctor only 12 hours to report, adding insult to injury.,b>Practical concerns: an affront to decencyReturning to our original scenario, let's imagine that this bill becomes law. Will the average woman in Virginia who experiences spontaneous loss of pregnancy at home know that she is risking a year in jail if she doesn't report it? (The practical considerations for publicizing such a law are enormous - a Class 1 misdemeanor is a serious crime in Virginia - will the health department create TV ads to inform women of this new law?) But let's assume, against all probability, that you are aware that there is a law requiring you to report it.At what point during your first 12 hours of grief at the loss of this pregnancy do you make time to call the cops to report it? Let's say you finally pull yourself together after your partner and best friend arrive to comfort you. You pick up the phone at midnight and call your local police non-emergency number. What do you say? "Hello? Um. I'd like to report that I just had a miscarriage?"What then? Does the officer on the other end of the phone have a Commonwealth of Virginia Report of Fetal Death form right in front of him or her? Does a squad car with flashing lights arrive at your house to investigate? Is the officer who responds trained to handle your case compassionately and kindly? Let's consider what information you would be required to provide when you comply with the law.What's in the Commonwealth of Virginia Report of Fetal Death?Virginia Board of Health regulations specify the required information on the Commonwealth of Virginia Report of Fetal Death. Delegate Cosgrove's bill provides for no modification of this form when women report fetal deaths themselves.The report requires the following items for spontaneous fetal deaths:place of occurrenceusual residence of patient (mother)full maiden name of patientmedical record number and social security number of patientHispanic origin, if any, and race of patientage of patienteducation of patientsex of fetuspatient married to fatherprevious deliveries to patientsingle or plural delivery and order of plural deliverydate of deliverydate of last normal menses and physician's estimate of gestationweight of fetus in gramsmonth of pregnancy care began (sic)number of prenatal visitswhen fetus diedcongenital malformations, if anyevents of labor and deliverymedical history for this pregnancyother history for this pregnancyobstetric procedures and method of deliveryautopsymedical certification of cause of spontaneous fetal deathsignature of attending physician or medical examiner including title, address and date signedmethod of disposal of fetussignature and address of funeral director or hospital representativedate received by registrarregistrar's signatureregistration area and report numbers. Remember, Virginia defines "fetal death" regardless of gestational age, and requires reporting of deaths of all "products of conception". At early gestational age of pregnancy, how are you supposed to get some of this information? Are you supposed to find a kitchen scale and weigh the "products of conception" so you can get a report in grams? I know this is quite ghastly for me to suggest, but these are the practical considerations that occur to me as a woman when I think about the actual implementation of such a bill. Delegate Cosgrove's bill does not change the data elements required when a woman reports a fetal death herself, so the police officer in charge of taking the report would have to ask these questions. I assume that the officer would be understanding if a woman says "I have no idea" for some of the questions, but the ordeal of having to even consider answering some of these - such as guessing the sex of the "products of conception" is nothing short of barbaric. Of course I'm assuming that this would all happen over the phone. But what if some police departments in Virginia decided that the report would have to be taken in person? Would a squad car then appear in front of the woman's home? She'd then have to face the curious stares and questions of her neighbors, yet another gross violation of privacy. Would she be required to produce the "products of conception" for the police officer's inspection? Again, I know this is gory, but I've been present when a friend miscarried in early pregnancy. I know what early "products of conception" may look like. And I am outraged that some man in Chesapeake would come along and try to pass a law that says I or any other Virginia woman who experiences miscarriage at home might have to weigh them so I can include this information in the report in the first 12 hours after miscarriage or face a year in jail.Does the punishment fit the "crime"?Suffering a miscarriage is no crime, but Delegate Cosgrove wants to make it a crime for a woman to fail to violate her own privacy in the first 12 hours after a miscarriage, so let's look at his proposed penalty.Cosgrove's bill says, "A violation of this section shall be punishable as a Class 1 misdemeanor."Let's see. What other crimes are punishable as Class 1 misdemeanors in Virginia? A cursory Google search reveals just a few...A person 18 years of age or older engaging in consensual intercourse with a child 15 or older not his spouse, child or grandchild (more commonly known as "statutory rape")burning or destroying a building or structure if the property therein is valued at less than $200 (arson)a bomb threat made by someone younger than 15carrying a concealed weapon while under the influence of drugs or alcoholpossession or distribution of fraudulent drivers' licenses or official identificationstalkingthreatening any public school employee while on a school bus, on school property, or at a school-sponsored activitypurchasing or providing alcohol to minorsSo Delegate Cosgrove is basically saying that failing to violate your own privacy within 12 hours of a miscarriage is the criminal equivalent of statutory rape, arson, stalking, and other serious crimes. The authorized punishments for convictions for a Class 1 misdemeanor in Virginia are "confinement in jail for not more than 12 months and a fine of not more than $2500, either or both." Do women deserve this?In what way would the Commonwealth of Virginia benefit from this bill?I have no idea. Most other states don't even bother collecting data for spontaneous loss of pregnancy before 20 weeks gestation. The CDC does not process this data along with other state data on fetal death. The health care providers I have spoken to see no benefit, since reporting the loss of products of conception to law enforcement authorities provides no benefit to medical science.Three days ago, I wrote what I consider to be a restrained and respectful email to Delegate Cosgrove asking for his rationale on the necessity of this bill. I have not yet heard a response from him or his office. What I have learned, through initial research, is that the legislative agenda of numerous anti-abortion groups includes increased reporting of fetal deaths and issuance of death certificates for miscarriages. The point is to advance the legal recognition of "personhood" for all "products of conception".In the 2003 legislative session in Virginia, a law was passed allowing parents to request a "birth certificate" for a stillbirth, a law that is clearly in line with the agenda of anti-abortion extremists to recognize embryonic and fetal personhood. The fact that Virginia is one of the few states that requires reporting of deaths of all "products of conception" regardless of gestational age plays in to this anti-abortion agenda. Though there is no practical benefit to the Commonwealth in collecting this information from women - in fact, there would be considerable burden placed on local law enforcement agencies.This bill places the advancement of the cause of recognizing legal "personhood" for all products of conception far above the concerns of the Commonwealth and of the dignity of individual women whose privacy would be violated.If you find this bill as offensive as I do, what can you do now? A few ideas...If you live in Virginia, join me in asking Delegate Cosgrove how his bill will benefit the people of the Commonwealth.If you live in Virginia, write to your Delegate and State Senator to express your views on this bill and demand that they oppose it.Contact the Democratic candidates for Lieutenant Governor in Virginia and let them know that you will expect them to oppose this bill and will consider this in your voting decision in the primary.If you participate in online communities for women, please spread the word about this bill. I believe that most women, regardless of position on the issue of reproductive freedom, will be offended by this bill. I know many avowedly pro-life women who have experienced miscarriages and who would be horrified by the intrusion of the state in the first 12 hours following this tragedy. This is a perfect opportunity to reach out to a "netroots" beyond the Democratic netroots -- there are many online support groups for mothers, women who have experienced miscarriages, women experiencing fertility problems, etc, that may be appropriate to contact about this bill. I welcome any ideas you have about how we can spread the word.No one ran against John Cosgrove in the 78th District in 2003. If you live in or near this district, please try to find someone to stand against him this year!If you live in Virginia and want to keep watch over bills in this legislative session, please join the Democracy for Virginia Legislative Sentry email list. This listserv was created this week to serve as a tool for collecting and disseminating information on bills for the upcoming Virginia legislative session. HB1677 is only one of dozens of very dangerous bills, and progressive activists in Virginia must get the word out about this proposed legislation among allied grassroots groups, organizations, and like-minded citizens. If you want to keep watch along with other volunteer "sentries", please sign up! Since the 100-member Virginia House of Delegates is dominated by over 60 Republicans, it will take a wide public awareness campaign to defeat this bill. It has become too easy for the Republicans in the Virginia legislature to sneak through bills like this one, and the most potent weapon available for defeating this bill is awareness. Only a widespread public condemnation of this bill will stop it from becoming the law of the Commonwealth. Update [2005-1-6 23:2:14 by Maura in VA]: Rep. Cosgrove has written an email reply to a Kossack who wrote and called him a "troglodyte". Interestingly, he still has not responded to my original email, though I never called him a troglodyte. (I was thinking it, though.) Here's what he has said is his rationale for the law:"This bill, which was requested by the Chesapeake Police Department, is an attempt to reduce the number of "trashcan" babies that are born and then abandoned in trashcans, toilets, or elsewhere to die from exposure or worse. There are numerous examples of these tragic deaths in Virginia, many in Northern Virginia and also in Hampton Roads. Once the body of a child is found, if the death of that child is undetermined by a coroner, the person abandoning that child can only be charged with "the improper disposal of a human body".That is the intent of the bill. I normally do not answer abusive and condescending emails. Please try to ask questions of people as you would have questions asked of you. You know.....kind of like the Golden Rule."He didn't write a bill about deaths of infants, though. He wrote a bill about "fetal death", which is defined by Virginia as covering all products of conception, regardless of gestational age. So if this honestly was his intention, he's written a bill misses the mark. By far.http://www.dailykos.com/story/2005/1/6/194434/1328Clarifications:Lesgislative Sentry: Updates on HB1677...yes, it IS that bad + links galoreI have been overwhelmed and heartened by the response to yesterday's alert about HB1677. The most heartfelt, impassioned, and determined reactions to this bill have come from the blogging community of women who have experienced infertility and/or miscarriages, thanks to an incredible post at Chez Miscarriage, one of the best blogs I've ever read.I've now read hundreds of comments and trackbacks and emails about this original post, and I wanted to write a brief follow-up because some comments have reflected misunderstandings about the details of the bill. The average reader probably doesn't have time to wade through all the details and links I included in my first post, so here are some clarifications:Not all miscarriages in Virginia would have to be reported to the police if Delegate Cogrove's bill becomes law. Current Virginia law mandates that any "fetal deaths" that occur under the care of a physican be reported. So if you have a miscarriage in the hospital, your doctor already reports this. Law enforcement agencies are not involved - it's mandated statistical reporting from doctors to a Registrar of births and deaths. Delegate Cosgrove's bill only applies "when fetal death occurs without medical attendance". "Miscarriage" is my word, not Delegate Cosgrove's. He uses the term "fetal death". My illustrative scenario of a miscarriage at 8 weeks' gestation does not involve a fetus (using the medical definition of a fetus) but it does involve a "fetal death" using the Code of Virginia definition of "fetal death", which refers to "a product of human conception, regardless of the duration of pregnancy". I interpret this to include a pregnancy of 8 weeks' gestation. Delegate Cosgrove has reportedly written an email reply to a blogger who asked him what his rationale for the bill could be. According to her, Delegate Cosgrove says that the bill is intended to "reduce the number of "trashcan" babies that are born and then abandoned in trashcans, toilets, or elsewhere to die from exposure or worse." I have not myself heard from him in response to my original email four days ago. Based on the responses I've read all over the blogosphere, I imagine his email box is now full of impassioned missives from women who've miscarried, so I don't know whether I'll ever hear back directly. I want to believe that Delegate Cosgrove honestly has the good intentions of wanting to save abandoned babies. He talked about the Golden Rule in his response, so I'll try to do unto him in assuming good intentions. But regardless of his intentions, this bill has nothing to do with saving infants from being abandoned in dumpsters. This bill has to do with fetal death. When a fetal death occurs, the pregnancy has already ended. There is no live infant to save. Mandating reporting of fetal death by a grieving mother to cops within 12 hours doesn't save anyone. It just causes pain. And indignity. Delegate Cosgrove, in this bill, is not the one who defined fetal death in Virginia, so don't blame him. Maybe he meant for the bill to apply only to fetuses of 20 or 24 weeks' gestation or more. But that's not what he wrote. What he wrote relies on existing Code of Virginia definitions of "fetal death", which are markedly different than medical definitions of fetal death. And whether Delegate Cosgrove intended it or not, his bill, as written, would apply to women experiencing spontaneous losses of very early pregnancies. For statistical purposes, the CDC's National Center on Health Statistics says "A death that occurs at 20 or more weeks of gestation constitutes a fetal death, and after 28 weeks it is considered a late fetal death." If this is what Delegate Cosgrove meant by "fetal death" in the bill, he needs to add that language. There is nothing in the bill to re-define fetal death differently than the Code of Virginia defines it.Delegate Cosgrove is also not directly responsible for the long list of data fields that are included in the Report of Fetal Death, Commonwealth of Virginia. This is defined in the Virginia Administrative Code. Perhaps he was not aware of what data fields are required in the form when he wrote his bill. Your state also has laws regarding reporting of fetal deaths. The CDC publishes "State Definitions and Reporting Requirements for Live Births, Fetal Deaths, and Induced Terminations of Prenancy" (PDF). Most states use a form that is based on the U.S. Standard Report of Fetal Death form (PDF). If you really want to get into detail, here's a 207-page report from the National Center on Health Statistics (PDF) that may either satisfy your wonkish addiction to detail, or scare the Big Brother-fearing life out of you. And here is a handy worksheet the NCHS has provided for you to fill out after you experience miscarriage in the hospital (PDF). I call it the Homework Assignment from Hell. That sympathetic disclaimer in the beginning is nice, but...what a difficult thing to have to do.Some commenters in the blogosphere have suggested that this is a firestorm about nothing, since this bill is so unenforceable, burdensome, etc., that no legislature would ever pass it. That may be true, but I believe strongly that shining light on legislation like this can only be a good thing. If it causes Delegate Cosgrove's office great inconvenience of sorting through lots of concerned emails...well, I also think that's a good thing. Not the inconvenience, but the input from concerned citizens. It's democracy in action. And just as I'm trying to ascribe good intentions to Delegate Cosgrove, I hope he'll ascribe the same to me."Bekka" at Chez Miscarriage wrote a comment that really resonated:"Wow. Just....wow. I’m a Republican, and when I went to that blog you linked I saw that she’s a Dean supporter so I was suspicious. But I followed her link back to the text of the bill and just....wow. This is not good. I’m still a Republican ) but I want to do something to stop this. This isn’t about Republicans and Democrats, it’s about common sense. Common decency, really."Political common ground is harder to find these days than affordable real estate inside the Beltway. But the responses in opposition to this bill that have emerged in the past 24 hours from Republicans, Democrats, Greens, Libertarians show that it can be found. The common ground I see in these responses is that people don't want more government intrusion into their private medical decisions. And if that sentence sounds like pro-choice rhetoric - it's not. About one-third of the women I've heard from have said that they are staunchly anti-abortion, and yet they find the prospect of having to call the police to report a fetal death to be an unconscionable violation of their privacy and dignity. It's actually nice to know that we can find something to agree on: we all respect and care for the privacy and dignity of women and families that experience spontaneous fetal death.

[Guest guest]

I have had 3 miscarriages and can't even fathom having to report it to

the " authorities " . This is such a private, painful matter. Just one

more example of government getting too involved.

 

, " NEWS FROM THE TIPI "

<cherokee419 wrote:

>

>

> -

> Deon M.

> Sunday, June 08, 2008 11:25 PM

> NHealth> Have a Miscarriage, Go to JAIL?

>

>

>

> -

> dorothy toto

> Monday, March 03, 2008 11:17 PM

> NHealth> Have a Miscarriage, Go to JAIL?

>

>

> If this bill passes in Virginia you can be damned sure it will soon

become Federal Law!

>

> VA Legislative Sentry: Have a Miscarriage, Go to JAIL?

> by Maura in VA

> Thu Jan 06, 2005 at 04:44:34 PM PST

>

> Imagine the following scenario. You are at home alone at 8:00 on a

Friday night. You are 8 weeks pregnant. All of a sudden, you begin to

experience heavy cramping and bleeding. You realize with shock and

sadness that you are probably experiencing a miscarriage. You are

overwhelmed with grief and surprised by the intensity of physical pain

involved. When your partner comes home, you break the sad news to him.

Over the next few hours, you suffer pain, cramping, and intermittent

bleeding. Exhausted, you finally fall asleep in your partner's arms

around 4 AM. You sleep until noon.

>

> Guess what? You just earned yourself up to 12 months in jail and a

$2,500 fine. Why? Because you failed to call the cops and report your

miscarriage within 12 hours.

>

> True? Not yet. But if Delegate John Cosgrove (R-78) has his way,

HB1677 will become law in a few short months, and this scenario will

be reality for many women in Virginia. Incredulous? Outraged? Read on

below the jump for more information on this odious bill.

>

> Maura in VA's diary :: ::

> Overview of HB1677, " Report of Fetal Death by mother, penalty "

>

> It sounds preposterous to talk about criminalizing women who suffer

miscarriages, but one Virginia legislator is proposing just that.

HB1677, " Report of Fetal Death by mother, penalty " is a bill

introduced by John A. Cosgrove ® of Chesapeake. Cosgrove's bill

requires any woman who experiences " fetal death " without a doctor's

assistance to report this to the local law-enforcement agency within

twelve hours of the miscarriage. Failure to do so is punishable as a

Class 1 Misdemeanor.

>

> Background: Reporting of Fetal Deaths

>

> Almost all states mandate reporting of fetal deaths to vital

statistics bureaus. These statistics are then collected nationally by

the CDC. In most states, health care providers must provide reports on

fetal deaths after 20 weeks gestation (or at a certain fetal weight

approximating 20 weeks gestation). Virginia is one of only 7 states,

however, that mandate the reporting of loss of all " products of

conception " regardless of gestational age. This includes both

spontaneous losses of pregnancy and induced terminations of pregnancy,

though the required data elements are different for abortions.

>

> In Virginia, all losses of pregnancy must be reported by health care

providers according to current law. The reality, though, is that

countless women experience spontaneous abortions in the first few

gestational weeks without even being aware of pregnancy, so not all

losses of " products of conception " are reported. Women who experience

miscarriages at home without a doctor's care may not even think to

inform their doctors, especially if the pregnancy is so early that

they have not yet even sought prenatal care. Until this bill, though,

no one has suggested it was in the interest of the Commonwealth of

Virginia to track down these unreported losses of " products of

conception " .

>

> The Bill Itself

> Full text of HB1677: When a fetal death occurs without medical

attendance, it shall be the woman's responsibility to report the death

to the law-enforcement agency in the jurisdiction of which the

delivery occurs within 12 hours after the delivery. A violation of

this section shall be punishable as a Class 1 misdemeanor.

>

>

> The Bill: The Most Odious Infringement on the Privacy of Virginia

women...ever

>

> Delegate Cosgrove's bill is an outrageous attack on the privacy of

Virginia women. Consider this - there is no law mandating that a woman

must report a pregnancy to the Commonwealth, or even seek medical

treatment for one. But this bill proposes that a woman report a LOSS

of a pregnancy to the Commonwealth, whatever the gestational age of

the embryo/fetus.

>

>

> Furthermore, this bill means that a woman who experiences a

spontaneous loss of pregnancy will have her privacy violated

significantly more than if she had chosen an abortion. Though Virginia

requires that induced terminations of pregnancy be reported, those

reporting forms require only a " patient number " and information on the

procedure. The " report of fetal death " asks for the woman's full name,

her history of prenatal care, her marital status, her education

history, her previous deliveries (if any), and a number of other very

intrusive data items.

>

> If the miscarriage occurred under a physician's care, all of this

information would be provided by the physician out of the patient's

medical records. Physicians and/or funeral directors are given 24

hours to file this report. Delegate Cosgrove's bill gives women who

experience miscarriage without a doctor only 12 hours to report,

adding insult to injury.

>

> ,b>Practical concerns: an affront to decency

>

> Returning to our original scenario, let's imagine that this bill

becomes law. Will the average woman in Virginia who experiences

spontaneous loss of pregnancy at home know that she is risking a year

in jail if she doesn't report it? (The practical considerations for

publicizing such a law are enormous - a Class 1 misdemeanor is a

serious crime in Virginia - will the health department create TV ads

to inform women of this new law?)

>

>

> But let's assume, against all probability, that you are aware that

there is a law requiring you to report it.

>

>

> At what point during your first 12 hours of grief at the loss of

this pregnancy do you make time to call the cops to report it? Let's

say you finally pull yourself together after your partner and best

friend arrive to comfort you. You pick up the phone at midnight and

call your local police non-emergency number. What do you say? " Hello?

Um. I'd like to report that I just had a miscarriage? "

>

>

> What then? Does the officer on the other end of the phone have a

Commonwealth of Virginia Report of Fetal Death form right in front of

him or her? Does a squad car with flashing lights arrive at your house

to investigate? Is the officer who responds trained to handle your

case compassionately and kindly? Let's consider what information you

would be required to provide when you comply with the law.

>

>

> What's in the Commonwealth of Virginia Report of Fetal Death?

>

> Virginia Board of Health regulations specify the required

information on the Commonwealth of Virginia Report of Fetal Death.

Delegate Cosgrove's bill provides for no modification of this form

when women report fetal deaths themselves.

>

> The report requires the following items for spontaneous fetal deaths:

>

> place of occurrence

>

> usual residence of patient (mother)

>

> full maiden name of patient

>

> medical record number and social security number of patient

>

> Hispanic origin, if any, and race of patient

>

> age of patient

>

> education of patient

>

> sex of fetus

>

> patient married to father

>

> previous deliveries to patient

>

> single or plural delivery and order of plural delivery

>

> date of delivery

>

> date of last normal menses and physician's estimate of gestation

>

> weight of fetus in grams

>

> month of pregnancy care began (sic)

>

> number of prenatal visits

>

> when fetus died

>

> congenital malformations, if any

>

> events of labor and delivery

>

> medical history for this pregnancy

>

> other history for this pregnancy

>

> obstetric procedures and method of delivery

>

> autopsy

>

> medical certification of cause of spontaneous fetal death

>

> signature of attending physician or medical examiner including

title, address and date signed

>

> method of disposal of fetus

>

> signature and address of funeral director or hospital representative

>

> date received by registrar

>

> registrar's signature

>

> registration area and report numbers.

>

> Remember, Virginia defines " fetal death " regardless of gestational

age, and requires reporting of deaths of all " products of conception " .

At early gestational age of pregnancy, how are you supposed to get

some of this information? Are you supposed to find a kitchen scale and

weigh the " products of conception " so you can get a report in grams?

>

> I know this is quite ghastly for me to suggest, but these are the

practical considerations that occur to me as a woman when I think

about the actual implementation of such a bill. Delegate Cosgrove's

bill does not change the data elements required when a woman reports a

fetal death herself, so the police officer in charge of taking the

report would have to ask these questions. I assume that the officer

would be understanding if a woman says " I have no idea " for some of

the questions, but the ordeal of having to even consider answering

some of these - such as guessing the sex of the " products of

conception " is nothing short of barbaric.

>

> Of course I'm assuming that this would all happen over the phone.

But what if some police departments in Virginia decided that the

report would have to be taken in person? Would a squad car then appear

in front of the woman's home? She'd then have to face the curious

stares and questions of her neighbors, yet another gross violation of

privacy. Would she be required to produce the " products of conception "

for the police officer's inspection? Again, I know this is gory, but

I've been present when a friend miscarried in early pregnancy. I know

what early " products of conception " may look like. And I am outraged

that some man in Chesapeake would come along and try to pass a law

that says I or any other Virginia woman who experiences miscarriage at

home might have to weigh them so I can include this information in the

report in the first 12 hours after miscarriage or face a year in jail.

>

> Does the punishment fit the " crime " ?

>

> Suffering a miscarriage is no crime, but Delegate Cosgrove wants to

make it a crime for a woman to fail to violate her own privacy in the

first 12 hours after a miscarriage, so let's look at his proposed penalty.

>

>

> Cosgrove's bill says, " A violation of this section shall be

punishable as a Class 1 misdemeanor. "

>

>

> Let's see. What other crimes are punishable as Class 1 misdemeanors

in Virginia? A cursory Google search reveals just a few...

>

>

> A person 18 years of age or older engaging in consensual intercourse

with a child 15 or older not his spouse, child or grandchild (more

commonly known as " statutory rape " )

>

> burning or destroying a building or structure if the property

therein is valued at less than $200 (arson)

>

> a bomb threat made by someone younger than 15

>

> carrying a concealed weapon while under the influence of drugs or

alcohol

>

> possession or distribution of fraudulent drivers' licenses or

official identification

>

> stalking

>

> threatening any public school employee while on a school bus, on

school property, or at a school-sponsored activity

>

> purchasing or providing alcohol to minors

>

> So Delegate Cosgrove is basically saying that failing to violate

your own privacy within 12 hours of a miscarriage is the criminal

equivalent of statutory rape, arson, stalking, and other serious crimes.

>

>

> The authorized punishments for convictions for a Class 1 misdemeanor

in Virginia are " confinement in jail for not more than 12 months and a

fine of not more than $2500, either or both. " Do women deserve this?

>

> In what way would the Commonwealth of Virginia benefit from this bill?

>

> I have no idea. Most other states don't even bother collecting data

for spontaneous loss of pregnancy before 20 weeks gestation. The CDC

does not process this data along with other state data on fetal death.

The health care providers I have spoken to see no benefit, since

reporting the loss of products of conception to law enforcement

authorities provides no benefit to medical science.

>

>

> Three days ago, I wrote what I consider to be a restrained and

respectful email to Delegate Cosgrove asking for his rationale on the

necessity of this bill. I have not yet heard a response from him or

his office.

>

>

> What I have learned, through initial research, is that the

legislative agenda of numerous anti-abortion groups includes increased

reporting of fetal deaths and issuance of death certificates for

miscarriages. The point is to advance the legal recognition of

" personhood " for all " products of conception " .

>

>

> In the 2003 legislative session in Virginia, a law was passed

allowing parents to request a " birth certificate " for a stillbirth, a

law that is clearly in line with the agenda of anti-abortion

extremists to recognize embryonic and fetal personhood. The fact that

Virginia is one of the few states that requires reporting of deaths of

all " products of conception " regardless of gestational age plays in to

this anti-abortion agenda.

>

> Though there is no practical benefit to the Commonwealth in

collecting this information from women - in fact, there would be

considerable burden placed on local law enforcement agencies.

>

> This bill places the advancement of the cause of recognizing legal

" personhood " for all products of conception far above the concerns of

the Commonwealth and of the dignity of individual women whose privacy

would be violated.

>

> If you find this bill as offensive as I do, what can you do now? A

few ideas...

>

> If you live in Virginia, join me in asking Delegate Cosgrove how his

bill will benefit the people of the Commonwealth.

>

> If you live in Virginia, write to your Delegate and State Senator to

express your views on this bill and demand that they oppose it.

>

>

> Contact the Democratic candidates for Lieutenant Governor in

Virginia and let them know that you will expect them to oppose this

bill and will consider this in your voting decision in the primary.

>

>

> If you participate in online communities for women, please spread

the word about this bill. I believe that most women, regardless of

position on the issue of reproductive freedom, will be offended by

this bill. I know many avowedly pro-life women who have experienced

miscarriages and who would be horrified by the intrusion of the state

in the first 12 hours following this tragedy. This is a perfect

opportunity to reach out to a " netroots " beyond the Democratic

netroots -- there are many online support groups for mothers, women

who have experienced miscarriages, women experiencing fertility

problems, etc, that may be appropriate to contact about this bill. I

welcome any ideas you have about how we can spread the word.

>

> No one ran against John Cosgrove in the 78th District in 2003. If

you live in or near this district, please try to find someone to stand

against him this year!

>

>

> If you live in Virginia and want to keep watch over bills in this

legislative session, please join the Democracy for Virginia

Legislative Sentry email list. This listserv was created this week to

serve as a tool for collecting and disseminating information on bills

for the upcoming Virginia legislative session. HB1677 is only one of

dozens of very dangerous bills, and progressive activists in Virginia

must get the word out about this proposed legislation among allied

grassroots groups, organizations, and like-minded citizens. If you

want to keep watch along with other volunteer " sentries " , please sign up!

>

> Since the 100-member Virginia House of Delegates is dominated by

over 60 Republicans, it will take a wide public awareness campaign to

defeat this bill. It has become too easy for the Republicans in the

Virginia legislature to sneak through bills like this one, and the

most potent weapon available for defeating this bill is awareness.

Only a widespread public condemnation of this bill will stop it from

becoming the law of the Commonwealth.

>

> Update [2005-1-6 23:2:14 by Maura in VA]: Rep. Cosgrove has written

an email reply to a Kossack who wrote and called him a " troglodyte " .

Interestingly, he still has not responded to my original email, though

I never called him a troglodyte. (I was thinking it, though.) Here's

what he has said is his rationale for the law:

>

> " This bill, which was requested by the Chesapeake Police Department,

is an attempt to reduce the number of " trashcan " babies that are born

and then abandoned in trashcans, toilets, or elsewhere to die from

exposure or worse. There are numerous examples of these tragic deaths

in Virginia, many in Northern Virginia and also in Hampton Roads. Once

the body of a child is found, if the death of that child is

undetermined by a coroner, the person abandoning that child can only

be charged with " the improper disposal of a human body " .

>

> That is the intent of the bill. I normally do not answer abusive and

condescending emails. Please try to ask questions of people as you

would have questions asked of you. You know.....kind of like the

Golden Rule. "

>

> He didn't write a bill about deaths of infants, though. He wrote a

bill about " fetal death " , which is defined by Virginia as covering all

products of conception, regardless of gestational age. So if this

honestly was his intention, he's written a bill misses the mark. By far.

>

> http://www.dailykos.com/story/2005/1/6/194434/1328

>

> Clarifications:

>

> Lesgislative Sentry: Updates on HB1677...yes, it IS that bad + links

galore

> I have been overwhelmed and heartened by the response to yesterday's

alert about HB1677. The most heartfelt, impassioned, and determined

reactions to this bill have come from the blogging community of women

who have experienced infertility and/or miscarriages, thanks to an

incredible post at Chez Miscarriage, one of the best blogs I've ever read.

>

> I've now read hundreds of comments and trackbacks and emails about

this original post, and I wanted to write a brief follow-up because

some comments have reflected misunderstandings about the details of

the bill. The average reader probably doesn't have time to wade

through all the details and links I included in my first post, so here

are some clarifications:

>

> Not all miscarriages in Virginia would have to be reported to the

police if Delegate Cogrove's bill becomes law. Current Virginia law

mandates that any " fetal deaths " that occur under the care of a

physican be reported. So if you have a miscarriage in the hospital,

your doctor already reports this. Law enforcement agencies are not

involved - it's mandated statistical reporting from doctors to a

Registrar of births and deaths.

> Delegate Cosgrove's bill only applies " when fetal death occurs

without medical attendance " .

> " Miscarriage " is my word, not Delegate Cosgrove's. He uses the term

" fetal death " . My illustrative scenario of a miscarriage at 8 weeks'

gestation does not involve a fetus (using the medical definition of a

fetus) but it does involve a " fetal death " using the Code of Virginia

definition of " fetal death " , which refers to " a product of human

conception, regardless of the duration of pregnancy " . I interpret this

to include a pregnancy of 8 weeks' gestation.

>

> Delegate Cosgrove has reportedly written an email reply to a blogger

who asked him what his rationale for the bill could be. According to

her, Delegate Cosgrove says that the bill is intended to " reduce the

number of " trashcan " babies that are born and then abandoned in

trashcans, toilets, or elsewhere to die from exposure or worse. " I

have not myself heard from him in response to my original email four

days ago. Based on the responses I've read all over the blogosphere, I

imagine his email box is now full of impassioned missives from women

who've miscarried, so I don't know whether I'll ever hear back directly.

>

> I want to believe that Delegate Cosgrove honestly has the good

intentions of wanting to save abandoned babies. He talked about the

Golden Rule in his response, so I'll try to do unto him in assuming

good intentions. But regardless of his intentions, this bill has

nothing to do with saving infants from being abandoned in dumpsters.

>

> This bill has to do with fetal death. When a fetal death occurs, the

pregnancy has already ended. There is no live infant to save.

Mandating reporting of fetal death by a grieving mother to cops within

12 hours doesn't save anyone. It just causes pain. And indignity.

>

> Delegate Cosgrove, in this bill, is not the one who defined fetal

death in Virginia, so don't blame him. Maybe he meant for the bill to

apply only to fetuses of 20 or 24 weeks' gestation or more. But that's

not what he wrote. What he wrote relies on existing Code of Virginia

definitions of " fetal death " , which are markedly different than

medical definitions of fetal death. And whether Delegate Cosgrove

intended it or not, his bill, as written, would apply to women

experiencing spontaneous losses of very early pregnancies.

> For statistical purposes, the CDC's National Center on Health

Statistics says " A death that occurs at 20 or more weeks of gestation

constitutes a fetal death, and after 28 weeks it is considered a late

fetal death. " If this is what Delegate Cosgrove meant by " fetal death "

in the bill, he needs to add that language. There is nothing in the

bill to re-define fetal death differently than the Code of Virginia

defines it.

>

> Delegate Cosgrove is also not directly responsible for the long list

of data fields that are included in the Report of Fetal Death,

Commonwealth of Virginia. This is defined in the Virginia

Administrative Code. Perhaps he was not aware of what data fields are

required in the form when he wrote his bill.

> Your state also has laws regarding reporting of fetal deaths. The

CDC publishes " State Definitions and Reporting Requirements for Live

Births, Fetal Deaths, and Induced Terminations of Prenancy " (PDF).

> Most states use a form that is based on the U.S. Standard Report of

Fetal Death form (PDF). If you really want to get into detail, here's

a 207-page report from the National Center on Health Statistics (PDF)

that may either satisfy your wonkish addiction to detail, or scare the

Big Brother-fearing life out of you.

> And here is a handy worksheet the NCHS has provided for you to fill

out after you experience miscarriage in the hospital (PDF). I call it

the Homework Assignment from Hell. That sympathetic disclaimer in the

beginning is nice, but...what a difficult thing to have to do.

>

> Some commenters in the blogosphere have suggested that this is a

firestorm about nothing, since this bill is so unenforceable,

burdensome, etc., that no legislature would ever pass it. That may be

true, but I believe strongly that shining light on legislation like

this can only be a good thing. If it causes Delegate Cosgrove's office

great inconvenience of sorting through lots of concerned

emails...well, I also think that's a good thing. Not the

inconvenience, but the input from concerned citizens. It's democracy

in action. And just as I'm trying to ascribe good intentions to

Delegate Cosgrove, I hope he'll ascribe the same to me.

>

>

> " Bekka " at Chez Miscarriage wrote a comment that really resonated:

>

> " Wow. Just....wow. I'm a Republican, and when I went to that blog

you linked I saw that she's a Dean supporter so I was suspicious. But

I followed her link back to the text of the bill and just....wow. This

is not good. I'm still a Republican ) but I want to do something to

stop this. This isn't about Republicans and Democrats, it's about

common sense. Common decency, really. "

>

> Political common ground is harder to find these days than affordable

real estate inside the Beltway. But the responses in opposition to

this bill that have emerged in the past 24 hours from Republicans,

Democrats, Greens, Libertarians show that it can be found. The common

ground I see in these responses is that people don't want more

government intrusion into their private medical decisions. And if that

sentence sounds like pro-choice rhetoric - it's not. About one-third

of the women I've heard from have said that they are staunchly

anti-abortion, and yet they find the prospect of having to call the

police to report a fetal death to be an unconscionable violation of

their privacy and dignity. It's actually nice to know that we can find

something to agree on: we all respect and care for the privacy and

dignity of women and families that experience spontaneous fetal death.

>