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The feminist blogosphere has been up in arms lately (rightfully so) about an Oklahoma bill that requires a woman to get an ultrasound, and look at the images, one hour before she gets an abortion. The bill says that the woman will be required to get either an vaginal or abdominal ultrasound, whichever shows the best picture. Aside from this being a completely pointless and unwarranted medical procedure, most women in early pregnancy will have to get a vaginal ultrasound, since that provides the best picture:

The bill combines many new abortion regulations. The most invasive and unprecedented provisions of the bill relate to mandates for an ultrasound before a pregnancy termination can be done. The bill states that either a transabdominal or transvaginal transducer, whichever gives the clearer picture of the embryo, must be used. For early terminations that will mandate an ultrasound done with a probe placed in the vagina. There is no provision for the woman to opt out of this procedure. My main concerns about the bill are the following:

1) The bill dictates how doctors obtain informed consent in a way that does not conform to medically-accepted practice. Current state law already requires the doctor to refer patients to information about development of an embryo or fetus twenty-four hours before a pregnancy termination. The website is one required resource. She must also be notified about facilities that will offer her a free ultrasound.

2) This compels a physician to perform an invasive, vaginal procedure — not for the benefit of the patient, and possibly against her wishes — before the requested medical procedure can be done.

3) The fines for failure to follow the requirements begin at $10,000 go up to $100,000 or more for subsequent violations. The highest fines for negligent homicide or driving under the influence in Oklahoma are $1,000.

4) The bill defines “unprofessional conduct” if a physician does not perform this unnecessary procedure and suggests that the medical board may remove the physician’s license. This violates the standard medical practice that any patient has the right to refuse medical procedures or treatment.

This bill dictates how a doctor obtains informed consent, violates the patient’s right to refuse unwanted medical interventions, and places disproportionate punishments on physicians who do not comply.

Now, just wondering, but has anybody else noticed that a forced vaginal ultrasound is more than a little akin to rape? Last I checked, rape was defined as unwanted oral, anal, or vaginal penetration, regardless of what object was doing the penetration. Almost makes me want to go to Oklahoma, get pregnant, have an abortion with a vaginal ultrasound against my will, and then file charges against the state for rape. But let’s be real, that would never happened in a state that is even considering passing this legislation, especially after they brought it back to life after the governor’s veto.

Most amusing to me, however, is #4: if a doctor doesn’t perform the ultrasound but does perform the abortion, the doctor is at risk for losing his/her license to practice medicine, simply for following a patient’s wishes to not perform a medical procedure. Last time I checked, it wasn’t a crime for a physician not to perform a procedure at the patient’s request, but apparently, Oklahoma has decided to make it so.