Originally published: . Volume 13, No. 8. Source pages: 8.
by J. Nelson & J. Glass
The overturning of Roe vs. Wade, shifting decisions to the state level, has left many in Louisiana mental health community guessing due to the tangled web of court challenges, procedural maneuvers, and new legislation. The legal, ethical and moral issues for those counseling women are anything but clear.
In 2006 Governor Kathleen Blanco signed a strict ban on abortion into law if Roe v. Wade was ever over turned, reported Sam Karlin of The Advocate. This June, Governor Edwards signed an updated version of the same measure.
However, after the Supreme Court decision, an Orleans Civil District Judge blocked the enforcement of that ban and then another Judge ruled in favor of the ban. In July another Judge granted a temporary restraining order blocking the state from enforcing the trigger ban, reported The Advocate.
Complicating issues even more, this year’s legislative session included Act 545 which notes that laws prohibiting or restricting abortion are not to be negated. But Act 548 may be even more important to those counseling women because it creates the crime of abortion by means of abortion inducing drugs. This includes delivery of a drug to a person in Louisiana by mail: "… prohibits delivery to a person in Louisiana by mail-order, courier, or as a result of a sale made via the internet in violation of new law."
The Times asked the liability professionals at The Trust* for their perspectives and they referred us to their review article.
"The Trust developed Preliminary Risk Management Guidance in The Face of Dobbs," said Dr. Jana Martin, CEO of The Trust, "to help psychologists while acknowledging the difficulties in providing such guidance given the variability in state regulations and the quickly changing information. We highlight practice considerations, provide examples of potential issues, and provide risk management advice. We will update the document as new developments arise," Dr. Martin said.
Included in their review, available online, authors note, "At this point, several states have already made abortion illegal or strictly regulated its practice. Other states may follow. Those with known legal risks include: abortion providers; those who recommend or who help others to obtain abortions; and women who seek abortions. For the most part, psychologists are not included in this group and are not at immediate risk. However, there are several possible scenarios which may put psychologists at risk in the future.
"Currently, due to the uncertainty about how matters will proceed in the wake of Dobbs and the many yet-unanswered questions, it is not possible to give detailed or specific guidance to psychologists about particular Dobbs-related risks. Each state that chooses to ban abortion will have to pass additional legislation, issue regulations or judicial decisions, or exercise prosecutorial discretion before the specific risks can be ascertained. These actions are likely to be challenged in court. Licensing Boards will have to weigh in when they get complaints against psychologists. All of this will take some time–months rather than weeks.
"It is unlikely that psychologists will immediately have to change the way they are practicing, but psychologists should avoid giving direct recommendations regarding abortion or engaging in activities such as driving clients across state lines or financing such trips." The Trust authors give the following Risk Management Advice:
1. Avoid the above-discussed boundary violations with patients/clients. 2. At this time, it is hard to imagine that psychologists will be at serious risk by listening to a client discuss their thoughts and feelings about what to do regarding an unwanted pregnancy. However, it is important for psychologists to be aware of and careful about their own personal reactions. The safest option is for psychologists to remain neutral about the subject. Patients/clients, even those who are not considering an abortion, may want to discuss what Dobbs means and may press psychologists for their opinions on the decision. 3. Consulting with colleagues will be very important for all of us when we are faced with abortion-related situations that engender powerful feelings, or when dealing with novel situations where legal and other related ramifications are not yet clear. 4. Take careful notes about conversations you have with patients/clients on the topic of abortion. You may want to consider noting these discussions in your “psychotherapy notes” (a second set of notes kept apart from the required chart notes), which can provide an extra level of privacy protection in states that recognize such notes. 5. Be mindful of what you choose to post on social
6. media sites. If you are practicing under PSYPACT, be aware of the laws of any states you are practicing into and be prepared to obtain consultation on abortion-related issues that may arise in doing interjurisdictional work. 7. When faced with difficult situations, call The Trust Advocate 800 Program (800-477-1200) for a consult. 8. Try not to condemn colleagues who disagree with you.
The complete article can be found at: https://www.trustinsurance.com/Resources/Articles/preliminar y-risk-management-guidance-in-the-face-of-dobbs
*[Editor's note: The Trust is a paid advertiser of The Psychology Times]
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