New disclaimers likely to spark abortion debate
Montgomery, Baltimore city propose rules for pregnancy centers
Abortion rights advocates in some Maryland jurisdictions are attempting to regulate pregnancy centers that do not provide abortions a move that failed in the General Assembly after a hard-fought battle in 2008.
Del. Roger Manno said he still has the "bullet holes" to show for the legislation he sponsored that year.
Councils in Montgomery County and Baltimore city are considering similar bills, which would require most "limited service pregnancy centers" to post disclaimers that the information they provide to clients is not medical advice and does not establish a doctor-patient relationship.
Limited service centers do not provide abortions or advise women to seek abortions. Montgomery County's bill would exclude clinics that provide medical services, but not abortions, like the Rockville Pregnancy Center.
Organizations such as Planned Parenthood and NARAL Pro-Choice Maryland are supportive of the local bills and supported Manno's bill at the time.
"The greatest concern was that we heard many reports of folks who were misinformed as to what services some of the centers were providing," said Manno (D-Dist. 19) of Silver Spring.
NARAL Executive Director Jennifer Blasdell said the disclaimers would ensure that women visiting limited service pregnancy centers are properly informed and guarded against misinformation.
But for Gail Tierney, executive director of the Rockville Pregnancy Center, the legislation is "ludicrous."
"Nobody advertises what they don't provide," Tierney said. "You advertise what you do provide."
In making the case for the disclaimers, Blasdell cited a 2008 NARAL investigation that found misinformation was given at Maryland limited service pregnancy centers.
For example, the report states that a woman visiting Centro Tepeyac in Silver Spring was told that birth control can "mess with your body" and it would be difficult to become pregnant again after undergoing an abortion.
Maria Hamm, director of development and chief financial officer at Centro Tepeyac, said that is not true.
"That's their word," she said, referring to NARAL. "We don't have any formal complaints. We would never say something like that. We train our counselors on the accurate information."
The report added that a woman at Birthright of Montgomery County, also in Silver Spring, was told that condoms do not work and are not safe.
Birthright Executive Director Carole Buchanan said her center offers "100 percent correct information that has been vetted by lawyers."
She said the Montgomery County legislation is meant to "kill the message" of centers like hers.
However, Mark A. Graber, a University of Maryland, College Park professor with a specialty in constitutional law, said that pregnancy centers that do not perform abortions can be "misleading" and can be forced to provide truthful advertising of their services.
"There is no problem with the disclaimers constitutionally," said Graber, who said he believes in abortion rights. "The government can compel businesses to make truthful statements."
The disclaimers requirement is similar to "truth in advertising" business regulations regarding food and other health care services, Graber said. It would only be a problem if the government was telling the limited service pregnancy centers that they could not advertise their services.
"My own inclination is that some people like to deceive pregnant women," Graber said. "The pro-life movement has not always been the most honest movement."
Del. Karen S. Montgomery (D-Dist. 14) of Brookeville, who supported Manno's bill in 2008, said women deserve to know all of their options and the fear is that they are getting only partial information at some clinics.
She said the issue should be discussed in the General Assembly again.
"I think anytime you have a lack of full disclosure in advertising, that will always be an issue," Montgomery said.
Manno said he is unlikely to introduce a similar bill during the 2010 legislative session, but did not rule out the possibility of another lawmaker pushing the issue.
Jeff Meister, director of administration and legislation at Maryland Right to Life Inc. said the Montgomery County legislation and similar bills target "nonprofit charities." Some centers, including the Rockville Pregnancy Center, offer their services for free and operate largely on private and faith-based donations.
"This is really part of a larger political initiative on the part of a few pro-abortion lobbying groups," Meister said. "If their goal is to provide full disclosure of pregnancy-related services, then it should apply across the board, but there's no need for that."
Centro Tepeyac's Hamm said that what can become lost in the debate are the free and necessary services that clinics like hers provide. The clinic does about 530 free pregnancy tests annually, and is also a bilingual facility providing assistance in Spanish for expectant mothers.
"There's no cover-up of who we are and what we're doing," she said.