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Nebraska Capitol. / Credit: Steven Frame/Shutterstock

CNA Staff, Nov 1, 2024 / 14:55 pm (CNA).

Nebraska’s Department of Health and Human Services (DHHS) has released an advisory clarifying that the state’s preborn protection law does not prohibit miscarriage care or lifesaving care amid a pro-abortion advertisement campaign that told the public otherwise.

“The Department of Health and Human Services has received several inquiries, from physicians and health care providers, expressing concern regarding recent radio and television ads that included incorrect and misleading information regarding the Preborn Child Protection Act,” the Oct. 28 advisory reads.

The health advisory came amid an advertising campaign by advocates of Nebraska’s Right to Abortion Initiative 439, which advocates for a right to abortion up to fetal viability in the state constitution. The campaign featured multiple ads that stated that women couldn’t receive miscarriage care and necessary health care because of Nebraska’s current law.

“Any time misleading information causes confusion among health care professionals, it could cause harm to the health and well-being of their patients,” stated the advisory by Dr. Timothy Tesmer, the chief medical officer of the DHHS in Nebraska.

In the health advisory, Tesmer didn’t name which ads the department was responding to, but he clarified that the current law, which protects unborn children after 12 weeks’ gestational age from abortion, provides exceptions for medical emergencies and for cases of rape or incest.

But an advertisement campaign by pro-abortion group Protect Our Rights: Nebraska for 439 told the public otherwise. In one advertisement, advocates said that in Nebraska, there is “an abortion ban that threatens women’s lives” and that “doctors can’t help them even if the pregnancy won’t survive. It puts their lives in danger.” Other advertisements by the same group state that doctors “can’t properly care for patients” and claim that women get sent home “because of the confusing abortion ban” when they have miscarriages.

Allie Berry, the campaign manager for Protect Our Rights, told NBC News that she believed the advisory referred to her group’s ads but said the advisory was designed to “confuse voters.”

The advisory noted that a medical emergency is legally defined as either a threat to the pregnant woman’s life or a “serious risk of substantial and irreversible physical impairment of a major bodily function.”

“The act does not require a medical emergency to be immediate,” Tesmer noted in the advisory. “Physicians understand that it is difficult to predict with certainty whether a situation will cause a patient to become seriously ill or die, but physicians do know what situations could lead to serious outcomes.”

Nebraska also has a competing pro-life amendment, Initiative 434, which would prohibit abortions after the first trimester, with exceptions for medical emergencies and cases of rape or incest. Another advertisement by Protect Our Rights claimed that Initiative 434 would make Nebraska’s current law permanent and “opens the door” to banning miscarriage care and IVF. 

The health advisory clarified that a variety of medical treatments are not prohibited by the Preborn Child Protection Act, including the removal of a child’s remains after pregnancy loss and the termination of a preborn child produced by in vitro fertilization (IVF) but not implanted in the mother’s womb. The advisory noted that any act intended to save the child’s life, as well as treatment for ectopic pregnancies, is not prohibited under the current law. 

“Physicians should exercise their best clinical judgment, and the law allows intervention consistent with prevailing standards of care,” the advisory continued. “The law is deferential to a physician’s judgment in these circumstances.”

Political context

With two contradicting abortion-related measures on the 2024 ballot, Nebraskans will decide Nov. 5 on protection for unborn children in the nation’s only competing abortion ballots. 

Marion Miner, the associate director of Pro-life and Family Policy for the Nebraska Catholic Conference, told CNA that “these lies … are abortion activists’ attempt to terrify voters into approving a radical pro-abortion constitutional amendment they would never otherwise support.”

“Abortion activists are putting women’s lives at risk in a gambit to advance a pro-abortion political agenda,” Miner added. “There are real potential human costs, including lost lives.”

She noted that “misinformation by abortion activists …is putting women’s lives at risk.”

“These lies have become so rampant in the weeks leading up to this election that public health officials felt the need to correct the record to prevent this misinformation from provoking a public health crisis,” Miner said.

Kelsey Pritchard, director of state public affairs for Susan B. Anthony Pro-Life America, pointed out that this pro-abortion rhetoric is not isolated to Nebraska.

“This falsity that has been parroted by [Vice President] Kamala Harris and unchecked by most of the media leads women to delay seeking care and gives doctors pause when they need to act immediately,” Pritchard said in a statement shared with CNA.

“Every state with a pro-life law, including Nebraska, protects women who experience a miscarriage, ectopic pregnancy, or any other medical emergency in pregnancy,” Pritchard emphasized. “This care continues to be available under ‘life of the mother’ exceptions, which allow physicians to rely upon their reasonable medical judgment.”

Recently, Harris amplified claims by several news outlets that two women died as the result of Georgia’s pro-life laws. But doctors say one woman, Amber Thurman, died because of the abortion pill and medical malpractice, while the other woman, Candi Miller, died of side effects from the abortion pill after she didn’t seek medical help.

“Women who need medical care should not be made to believe, because of ads they have seen on TV or in political mailers, that they have no option but to stay home instead of seeking treatment,” Miner said.

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