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dl2011-states-NM-WY

dl2011-states-NM-WY

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Defending Life 2011
153
NEW MEXICO
RANKING: 38
New Mexico lacks many common sense laws and protective regula-tions. For example, New Mexico does not adequately protect the healthand safety of women seeking abortions because it lacks an informedconsent law, an enforceable parental involvement law, or comprehen-sive regulations of facilities performing abortions. In addition, New Mexico has not addressedpotential abuses of biotechnology, including human cloning, destructive embryo research, or as-sisted reproductive technologies.
ABORTION:
New Mexico does not have an informed consent law for abortion.
New Mexico has enacted a parental notice law that is constitutionally problematic. Thestate Attorney General has issued an opinion that the law does not provide the constitu-tionally-required judicial bypass procedure and is unenforceable.
The New Mexico Supreme Court has held that the Equal Rights Amendment to the stateconstitution provides a broader right to abortion than the U.S. Constitution. Under thisruling, the court has struck down restrictions on the use of taxpayer funds to pay for abortions.
New Mexico provides court-ordered Medicaid coverage for all “medically necessary”abortions.
New Mexico maintains no regulations mandating that abortion clinics meet minimumhealth and safety standards, but only physicians licensed in New Mexico may performabortions.
New Mexico prohibits partial-birth abortion, but only after viability.
New Mexico mandates the provision of “emergency contraception” in hospital emergen-cy rooms. In addition, “emergency contraception” is available directly from pharmacistswithout a prescription.
The state has an enforceable abortion reporting law, but does not require the reportingof information to the Centers for Disease Control and Prevention (CDC). The measureapplies to both surgical and nonsurgical abortions.
NEW MEXICO
 
154
Americans United for Life
Health insurance plans that provide prescription coverage must also provide coveragefor contraception. An exemption applies to religious employers.
LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:
Current New Mexico law does not recognize an unborn child as a potential victim of homicide or assault.
New Mexico denes criminal assaults on a pregnant woman that result in miscarriage,stillbirth, or “damage to pregnancy” as enhanced offenses for sentencing purposes.
The state allows a wrongful death (civil) action when a viable unborn child is killedthrough a negligent or criminal act.
New Mexico does not require that an infant who survives an abortion be given appropri-ate medical care.
New Mexico has a “Baby Moses” law, establishing a safe haven for mothers to legallyleave their infants at designated places and ensuring the infants receive appropriate careand protection.
BIOETHICS LAWS:
New Mexico bans live fetal experimentation. A “fetus” is dened as “the product of conception from the time of conception until the expulsion or extraction from the open-ing of the uterine cavity.” Thus, it is unclear whether the statute applies to cloned humanembryos.
New Mexico has enacted the “Umbilical Cord Blood Banking Act,” which requires phy-sicians and hospitals to inform new mothers of the option to donate their children’s um-bilical cord blood for research.
New Mexico maintains no laws regarding assisted reproductive technologies.
END OF LIFE LAWS:
In New Mexico, assisting a suicide is a felony.
 
Defending Life 2011
155HEALTHCAREFREEDOM OF CONSCIENCE LAWS:Participation in Abortion:
A person associated with, employed by, or on the staff of a hospital who objects on reli-gious or moral grounds is not required to participate in an abortion.
A hospital is not required to admit a woman for the purpose of performing an abortion.
Participation in Research Harmful to Human Life:
New Mexico currently provides no protection for the rights of healthcare providers whoconscientiously object to participation in human cloning, destructive embryo research,and other forms of immoral medical research.
WHAT HAPPENED IN 2010:
New Mexico considered opting out of the federal abortion-mandate in the new healthcare law.
The state also considered legislation related to substance abuse by pregnant women andthe legal aban-donment of infants.
On the bioethics front, New Mexico considered a ban on cloning-to-produce-children aswell as legislation promoting destructive embryo research.
The state did not consider any measures related to end-of-life issues or health care rightsof conscience.
NEW MEXICO

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