By Guy Page
The Vermont House yesterday gave initial approval to S.28, which supporters say protects women seeking abortions from inaccurate advertising and opponents say muzzles the pro-life pregnancy clinics.
Today, as Christians celebrate Good Friday, the House will vote on a bill that also would protect abortion providers from any legal and regulatory consequences.
The bill, “access to certain legally protected health care services,” has been approved by the Senate and now goes to Gov. Phil Scott for his signature. It empowers the Attorney General to take action against pregnancy resource clinics and other health care providers for advertising with a ‘tendency to misinform.’ It also shields Advanced Practice Registered Nurses from legal, regulatory and professional conduct discipline in connection with prescribing abortion medications.
A spokesperson for Vermont Right to Life said that with the state’s health care system in financial distress, the bill reflects the Legislature’s misplaced priorities.
“Passage of S. 28 is further evidence that the majority in the legislature will consistently prioritize abortion, transgender drugs and surgeries, and extending those services to other states, rather than solving the serious issues that face Vermont.” stated Sharon F. Toborg, policy analyst, Vermont Right to Life.
“As we predicted, passage of Article 22, the amendment enshrining personal reproductive autonomy into the Vermont Constitution, has created a two-tier health care system where certain services, so-called reproductive and gender affirming services, are termed “legally protected” while vital health care procedures are not,” continued Toborg.
Some Vermont health care providers note with concern that the bill expands the advertising restrictions to all other controversial medical procedures, including vaccination.
According to Speaker of the House Jill Krowinski, a former Planned Parenthood lobbyist and vice-president, “the bill strengthens legal protections for Vermont individuals and providers in accessing and providing reproductive health care and gender-affirming care. It clarifies and expands Vermont’s Shield Laws and sets new standards to combat misinformation and interference with legally protected health care activity.
Planned Parenthood is the state’s leading provider of abortions and a leading provider of transgender services.
“People deserve to have access to reproductive and gender-affirming care without fear of retribution or interference. Now is our time to use all the tools at our disposal to ensure that Vermonters are protected, Krowinski said.
According to Krowinski, S.28:
- Extends protections to people who helped others access reproductive or gender-affirming care in states where it was legal, even if those acts are now being targeted elsewhere.
- Bars professional discipline against Vermont-licensed providers for delivering or assisting with legally protected health care.
- Prevents Vermont agencies and employees from cooperating with out-of-state investigations targeting reproductive or gender-affirming care if that care is legal in Vermont.
- Grants enforcement authority to the Attorney General to act against misleading advertising or information that harms patient autonomy.
- Prevents the release of sensitive medical data related to legally protected health care services, including by pharmacies and insurers, unless narrowly permitted by law.
- Reinforces Vermont’s commitment to bodily autonomy, accurate health information, and access to care, despite national legal uncertainty.
- Intends to shield Vermont patients and providers from political and legal threats originating from other states.
The bill passed on a roll call vote of 97-43, with some Republicans voting yes. Here’s the roll call:
Arsenault of Williston Yea*
Berbeco of Winooski Yea*
Cordes of Bristol Yea*
Goldman of Rockingham Yea*
LaLonde of South Burlington Yea*
White of Waitsfield Yea*
Austin of Colchester Yea
Bartholomew of Hartland Yea
Bartley of Fairfax Yea
Birong of Vergennes Yea
Bishop of Colchester Yea
Black of Essex Yea
Bluemle of Burlington Yea
Bos-Lun of Westminster Yea
Boyden of Cambridge Yea
Brady of Williston Yea
Brown of Richmond Yea
Burditt of West Rutland Yea
Burke of Brattleboro Yea
Burkhardt of South Burlington Yea
Carris-Duncan of Whitingham Yea
Casey of Montpelier Yea
Chapin of East Montpelier Yea
Christie of Hartford Yea
Cina of Burlington Yea
Cole of Hartford Yea
Conlon of Cornwall Yea
Cooper of Pownal Yea
Corcoran of Bennington Yea
Critchlow of Colchester Yea
Dodge of Essex Yea
Dolan of Essex Junction Yea
Duke of Burlington Yea
Durfee of Shaftsbury Yea
Eastes of Guilford Yea
Emmons of Springfield Yea
Galfetti of Barre Town Yea
Garofano of Essex Yea
Goodnow of Brattleboro Yea
Graning of Jericho Yea
Greer of Bennington Yea
Harple of Glover Yea
Headrick of Burlington Yea
Holcombe of Norwich Yea
Hooper of Burlington Yea
Houghton of Essex Junction Yea
Howard of Rutland City Yea
Hunter of Manchester Yea
James of Manchester Yea
Kascenska of Burke Yea
Kimbell of Woodstock Yea
Kleppner of Burlington Yea
Kornheiser of Brattleboro Yea
Krasnow of South Burlington Yea
Lalley of Shelburne Yea
LaMont of Morristown Yea
Lipsky of Stowe Yea
Logan of Burlington Yea
Long of Newfane Yea
Luneau of St. Albans City Yea
Masland of Thetford Yea
McCann of Montpelier Yea
McFaun of Barre Town Yea
McGill of Bridport Yea
Mihaly of Calais Yea
Minier of South Burlington Yea
Morrow of Weston Yea
Mrowicki of Putney Yea
Nelson of Derby Yea
Nigro of Bennington Yea
Noyes of Wolcott Yea
Nugent of South Burlington Yea
O’Brien of Tunbridge Yea
Ode of Burlington Yea
Olson of Starksboro Yea
Pezzo of Colchester Yea
Pouech of Hinesburg Yea
Priestley of Bradford Yea
Quimby of Lyndon Yea
Rachelson of Burlington Yea
Satcowitz of Randolph Yea
Scheu of Middlebury Yea
Sheldon of Middlebury Yea
Sibilia of Dover Yea
Stevens of Waterbury Yea
Stone of Burlington Yea
Sweeney of Shelburne Yea
Taylor of Milton Yea
Tomlinson of Winooski Yea
Torre of Moretown Yea
Walker of Swanton Yea
Waszazak of Barre City Yea
Waters Evans of Charlotte Yea
Wells of Brownington Yea
White of Bethel Yea
Wood of Waterbury Yea
Yacovone of Morristown Yea
Krowinski of Burlington Not Voting
Charlton of Chester Nay*
Coffin of Cavendish Nay*
Bailey of Hyde Park Nay
Bosch of Clarendon Nay
Boutin of Barre City Nay
Branagan of Georgia Nay
Burtt of Cabot Nay
Canfield of Fair Haven Nay
Casey of Hubbardton Nay
Demar of Enosburgh Nay
Dickinson of St. Albans Town Nay
Dolgin of St. Johnsbury Nay
Donahue of Northfield Nay
Feltus of Lyndon Nay
Goslant of Northfield Nay
Gregoire of Fairfield Nay
Harrison of Chittenden Nay
Harvey of Castleton Nay
Higley of Lowell Nay
Howland of Rutland Town Nay
Keyser of Rutland City Nay
Labor of Morgan Nay
Laroche of Franklin Nay
Maguire of Rutland City Nay
Marcotte of Coventry Nay
McCoy of Poultney Nay
Micklus of Milton Nay
Morgan of Milton Nay
Morgan of Milton Nay
Morrissey of Bennington Nay
Nielsen of Brandon Nay
North of Ferrisburgh Nay
Oliver of Sheldon Nay
Page of Newport City Nay
Parsons of Newbury Nay
Pinsonault of Dorset Nay
Powers of Waterford Nay
Pritchard of Pawlet Nay
Southworth of Walden Nay
Steady of Milton Nay
Tagliavia of Corinth Nay
Toof of St. Albans Town Nay
Winter of Ludlow Nay
Burrows of West Windsor Absent
Campbell of St. Johnsbury Absent
Dobrovich of Williamstown Absent
Hango of Berkshire Absent
Hooper of Randolph Absent
Malay of Pittsford Absent
Morris of Springfield Absent
Squirrell of Underhill Absent
Surprenant of Barnard Absent
Rep. Tom Charlton of Chester was one of two Republicans who explained their ‘no’ vote. Charlton, who is a Christian pastor, said: “I vote no, knowing fully well that the bill is going to pass and that protections will remain in place. I also speak as a reminder that some cannot speak for themselves and that not all decisions are in our jurisdiction.”
Rep. Mari Cordes of Bristol explained her yes vote: “I care about the safety and well-being of medical professionals – indeed some of whom helped draft this bill. They are committed to high standards of care and must be protected.”