Healthcare-Related Legislation in New Jersey

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Table of Contents

Introduction
The Description of the New Jersey Legislative Process
The Rationale for Choosing the Legislation
My View and Position
The Perspective View of Other Stakeholders
The Effect of the Legislation on Nurses and the Nursing Profession
Identifying the Key People
References

Introduction

The paper provides the analysis of the New Jersey State legislative process and focuses on one of the bills suggested for the legislature’s consideration. The selected bill is aimed to make changes in abortion-related legislation. Specifically, the proposed regulations refer to late-term abortions with the fetus being viable. Upon reviewing the state’s legislative system, the rationale for choosing the bill is given. Further, the opinion of the researcher on the issue is explained. Considerable attention is paid to the perspective view of such important stakeholders like the American Nurses Association and the American College of Obstetricians and Gynecologists. Further, there is an analysis of the legislation’s influence on nurses and the nursing profession. Finally, a brief identification of the key people in New Jersey State’s senate and assembly is suggested. The paper discusses one of the acutest healthcare and legal issues prevailing in the USA using scholarly and evidence-based sources.

The Description of the New Jersey Legislative Process

The government of the State of New Jersey, as well as the USA’s, is composed of three branches: judicial, executive, and legislative. The principal responsibility of the former is the enactment of laws. The executive branch is accountable for the implementation of the programs initiated by the law. Finally, the judiciary branch is the one punishing those breaking the law and settling disputes (“The lawmaking process,” n.d.). The legislature of the New Jersey State consists of two Houses: an 80-member General Assembly and a 40-member Senate. The minimum age for becoming a senator is thirty, and the person also has to have resided in New Jersey for at least four years before the election. To become a General Assembly member, a candidate must be twenty-one years old minimum and the state’s resident for at least two years (“The lawmaking process,” n.d.). Additionally, the candidates must have lived in their prospective legislative district for a year preceding the election.

The legislative organization of the state presupposes the election of a presiding officer in each of the Houses. The President of the Senate and the Speaker of the General Assembly are the second and third “in line of succession to the governorship,” respectively (“The lawmaking process,” n.d., para. 5). The President and the Speaker are the ones deciding on the meeting schedules and the calendar of the bills to be reviewed. Also, these two officers refer the bills to the committee for further discussion.

The legislative process in New Jersey incorporates several phases, which the bill has to pass in order to become a law. The first stage is the development of the idea when a legislator is determined to sponsor some bill, be it at somebody’s suggestion or the governor’s idea. Next, the bill has to be drafted by the Office of Legislative Services (“The New Jersey legislative,” n.d.). The Office also arranges the bill appropriately in accordance with the technical form required. After that, the bill is given to the assembly clerk or senate secretary, who reads its title out loud. This moment is known as “the first reading” of the bill (“The New Jersey legislative,” n.d., p. 1). Upon this procedure, the bill is printed and delivered to the public.

The next phase is committee reference, which involves referring the bill to a committee for analysis. However, the assembly speaker or the Senate President may also transfer the bill to the second reading to make its consideration faster. Then, upon settling the date, the bill is reviewed by the committee at a meeting that is open to the public (“The New Jersey legislative,” n.d.). At this meeting, the committee has several options of presenting the bill: ether as it is, or with amendments, or by a “substitute bill” (“The New Jersey legislative,” n.d., p. 1). If the Senate or Assembly does not report or consider the bill, it stays in the committee.

The second time the bill is read out loud is called the second reading. This procedure takes place when the bill is referred to the floor. It is possible for the bill to be amended on the floor (“The New Jersey legislative,” n.d.). After the third reading, the Assembly or the Senate members must vote if they deem it to be returned to the second reading or to be modified. The second and third readings do not necessarily occur on the same day. This can happen only if there is an “emergency vote” of three-fourths of the members (60 votes in the Assembly and 30 in the Senate, respectively (“The New Jersey legislative,” n.d., p. 1). If the majority of the Assembly’s or the Senate’s members vote for the bill, it is transferred to the other chamber. If there is no support from the majority, the bill may be sent back to the committee.

Upon the previously described procedures, the bill has to pass them in the second House. If the second entity votes for some amends, the bill is returned to the first one so that its members could vote for suggested changes. The bill is approved after the majority of both Houses’ representatives have voted for it. Finally, the bill gets to the governor, who can either sign it or veto it conditionally or absolutely (“The New Jersey legislative,” n.d.). A bill becomes a law after the governor signs it or in 45 days if “no action is taken” (“The New Jersey legislative,” n.d., p. 1). As such, there is no difference between the state and assembly versions of the bill. If the bill is vetoed, the legislature can override the veto by two-thirds of votes. The new law gains power either on the day pointed out in its text or on July 4^th following its authorization.

The Rationale for Choosing the Legislation

There is no financial statement attached to the bill, but it is still possible to discuss its merits and demerits. First of all, it is necessary to point out the benefits of the legislation for the public’s health and welfare. Should the bill be enacted, it will protect the rights of unborn children and eliminate the danger of death for women having an abortion at a late-term. However, there is also an opposite effect of the legislation on women’s health and welfare. Specifically, as Bird (2014) argues, fetal pain and fetal homicide laws, which are aimed at protecting the rights of unborn children, violate the rights of women. According to the researcher, the enactment of fetal pain laws unconstitutionally violates women’s right to “reproduce without state interference” (Bird, 2014, p. 40). Erdman (2017) states that several crucial struggles exist in relation to the abortion law, such as health-, justice-, and morality-related. The reason why this bill was selected for analysis is that the question of post-viability abortions, along with other abortion-related questions, is that there still exist many gaps in the legal consideration of the issue.

My View and Position

Personally, I consider this legislation necessary since I support childbirth over abortion. A growing number of abortions leads to considerable financial losses. However, what is probably the most crucial factor for me, abortions, especially at such a late-term, are unethical and immoral. At the prenatal age of 21 weeks, most fetuses are already viable, meaning that they have developed many systems, and killing them is immoral. Thus, I agree with the declaration made in the legislation stating that the unborn child’s viability “strongly favors appropriate delivery rather than abortion” (“Post-viability protection act,” 2018, p. 2). I support the opinion that if the mother’s health is in danger, abortion should be chosen over childbirth. However, as the proposed bill states, the longer term of pregnancy, the more risks emerge for the mother (“Post-viability protection act,” 2018). Therefore, if the bill becomes a law, it will eliminate the danger both for women and unborn children. At the same time, the suggested legislation guarantees the protection of a woman’s health and life in case of a severe and immediate medical emergency (“Post-viability protection act,” 2018). All things considered, I am in favor of the bill.

The Perspective View of Other Stakeholders

Some of the most significant healthcare stakeholders are the American Nurses Association (ANA) and the American College of Obstetricians and Gynecologists (ACOG). To find out their position, it would be enough to visit their respective websites since both of these organizations have published their opinions on the issue of abortions. According to these statements, neither ANA nor ACOG supports the suggested legislation. ANA declares that its primary duty is taking care of the patients in all aspects of their healthcare needs, including the reproductive ones (“Reproductive health,” n.d.). Also, ANA finds it necessary to entitle its patients to the right to privacy and decision-making without any restraints or pressure. The statement of ANA includes the approach to nurses’ participation in abortions based on their ethical views (“Reproductive health,” n.d.). However, ANA also mentions that if a patient’s life is under threat, the nurse is obliged to participate in any operations needed.

ACOG considers that women’s health is of utmost importance and that every abortion case should be grounded in facts and science. The association declares that politicians “should never interfere” in the relationship between a patient and a physician (“Facts are important,” n.d., para. 1). ACOG mentions that abortion after 21 weeks occurs in less than 1% of cases of all abortions in the USA, the instances in the second trimester being rarer and in the third – even less common. What is more, according to ACOG, there is no medical definition for late-term abortion, and healthcare specialists do not apply such a term.

ACOG emphasizes the probability of serious diseases that might induce a woman to decide in favor of abortion (“Facts are important,” n.d.). Thus, the organization believes that every individual case should be discussed by the physician and the woman and that politicians should not limit the women’s right to obtain the full information and choose for themselves in the event of high risk for the fetus to die shortly after birth, ACOG votes for the woman’s right to decide whether she wants to continue such a pregnancy. However, at this point, ACOG uses the attribute “nonviable” with the word “fetus” (“Facts are important,” n.d., para. 4). Still, the association argues that “in any case,” the decision should be up to the woman (“Facts are important,” n.d., para. 4). ACOG is against the politicians’ involvement in medical matters, finding it unacceptable that the law could make a physician wait until the situation becomes life-threatening for the woman to allow an abortion.

The Effect of the Legislation on Nurses and the Nursing Profession

Nurses face numerous issues while performing their professional duties, and they frequently suffer from physical and emotional burnout at work. Abortion-related care is one of the most complicated areas of nurses’ work in psychological respect. Research performed by Yang, Che, Hsieh, and Wu (2016) indicates that the problem of concealing emotions when assisting in abortions is acute among nurses. Other subtopics related to this major issue include self-protection, mental anxiety, contradictory feelings, respect for life, and the impossibility to refuse (Yang et al., 2016). Additionally, scholars have found that in many cases, nurses’ rights are neglected, and they have to assist in the operations, which they would rather avoid seeing.

Many nurses feel uncomfortable when they have to participate in abortion procedures. Research by McLemore, Kools and Levi (2015) reports that nursing specialists may experience fear, discomfort, uneasiness, and other unpleasant feelings when they assist in abortions. There are some nurses who consider abortion as childbirth anyway (McLemore et al., 2015). Still, the majority of these healthcare employees do not feel entirely comfortable when left without a choice whether to participate in such operations. Therefore, the legislation will have a positive effect on nurses’ decision-making rights.

Identifying the Key People

New Jersey’s 25^th general assembly district typically has two representatives. However, currently, one of the seats is temporarily vacant due to the death of Anthony R. Bucco on September 16, 2019 (“Anthony Bucco,” n.d.). Until recently, Bucco’s son, Anthony Bucco Jr., a Republican, occupied his late father’s seat (“Anthony Bucco Jr.,” n.d.). Anthony Bucco Jr. served as a minority conference leader (“Anthony Bucco Jr.,” n.d.). Another assembly representative is Michael Carroll, also a Republican (“New Jersey general assembly district 25,” n.d.). The senator of the state is Bob Menendez, a Democrat who has been in the office since 2006 (“Bob Menendez,” n.d.).

References

Anthony Bucco. (n.d.). Web.

Anthony Bucco Jr. (n.d.). Web.

Bird, B. (2014). Fetal personhood laws as limits to maternal personhood at any stage of pregnancy: Balancing fetal and maternal interests at post-viability among fetal pain and fetal homicide laws. Hastings Women’s Law Journal, 25(1), 39-56.

Bob Menendez. (n.d.). Web.

Erdman, J. N. (2017). Theorizing time in abortion law and human rights. Health and Human Rights Journal, 19(1), 29-40.

Facts are important: Abortion care later in pregnancy is important to women’s health. (n.d.). Web.

The lawmaking process. (n.d.). Web.

McLemore, M. R., Kools, S., & Levi, A. J. (2015). Calculus formation: Nurses’ decision‐making in abortion‐related care. Research in Nursing & Health, 38(3), 222-231.

New Jersey general assembly district 25. (n.d.). Web.

The New Jersey legislative and regulatory process: Bills, code, laws, regulation, & letter writing. (n.d.). Web.

Post-viability protection act. (2018). Senate, No. 1118. State of New Jersey. 218^th legislature.

Reproductive health. (n.d.). Web.

Yang, C.-F., Che, H.-L., Hsieh, H.-W., & Wu, S.-M. (2016). Concealing emotions: Nurses’ experiences with induced abortion care. Journal of Clinical Nursing, 25(9-10), 1444-1454.

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