A three-judge panel of the 10th U.S. Circuit Court of Appeals on Friday in Denver denied an injunction to be issued on a 2005 Oklahoma parental notification law that requires physicians to notify in writing a parent or guardian of any minor seeking an abortion at least 48 hours before performing the procedure, the AP/KTEN reports (AP/KTEN, 8/25). The law (HB 1686) -- which took effect in May 2005 after Gov. Brad Henry (D) signed it -- also requires health care providers to inform women of the medical risks of abortion at least 24 hours in advance of the procedure and give women certain information regarding the anatomical and physiological characteristics of a fetus at different stages of gestation. The law allows for exceptions in cases of emergency. The Center for Reproductive Rights sought to block enforcement of the law on behalf of Nova Health Systems, the parent company of the Tulsa, Okla.-based clinic, Reproductive Services, in May 2005 after the bill was signed. The lawsuit argued that the law violates girls' rights by not establishing guidelines for judicial bypass in cases of abuse or if a girl does not have parents. U.S. District Judge H. Dale Cook, who first heard the case, in January decided not to issue a temporary restraining order and ruled that the law makes sufficient provisions for the health and safety of minors who seek to use judicial bypass. Cook also denied a motion by CRR to prevent the law from taking effect until the 10th Circuit Court ruled on the appeal of the ruling (Kaiser Daily Women's Health Policy Report, 1/13). The 10th Circuit Court panel on Friday ruled that Cook was correct in denying the temporary injunction (Associated Press, 8/25). Oral arguments in the appeal of the lawsuit were heard in January (Kaiser Daily Women's Health Policy Report, 1/13).

"Reprinted with permission from kaisernetwork. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at kaisernetwork/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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