Louisiana lawmaker who wrote abortion ban considers adding rape, incest exceptions

The Louisiana Democrat who crafted one of the strictest abortion bans in the country said she will advance legislation to clarify the statute related to miscarriages and didn't rule out supporting the additional exceptions of rape and incest.

State Rep. Katrina Jackson of Monroe said she believes the law should already protect mothers who are suffering miscarriages but wants to prevent any chance that mothers like Kaitlyn Joshua of Baton Rouge would be turned away from two hospitals while bleeding and in pain without being made aware of her treatment options.

Joshua's story was reported by the public radio station WWNO in New Orleans.

"Though I believe the law is clear, one incident like this is enough for me to meet with healthcare providers and see if we need to change the language," Jackson told USA Today Network. "If it needs clarification for healthcare professionals to feel comfortable, then we will. I envision language saying at no point should treatment for miscarriages be considered abortion."

When asked directly if she is considering advancing legislation adding rape and incest to the abortion ban's exceptions, Jackson said, "I'm reviewing the bill in its entirety." She declined to expand on the statement.

Democratic Gov. John Bel Edwards, who has a consistent history of supporting abortion restrictions and signed Jackson's abortion ban into law last year after the Supreme Court overturned Roe v. Wade, has said he would support adding rape and incest exceptions.

But Jackson said she won't seek to alter language providing for the existing "futility" exception after the widely-publicized case of Nancy Davis of Baton Rouge traveling 1,400 miles to New York for an abortion when turned away from her hometown hospital even after learning her fetus would be born without a skull and wouldn't survive.

"I'm having problems sleeping, eating; it's taken a terrible emotional toll," Nancy Davis said in a previous interview with USA Today Network. "Just because the procedure has been done doesn't mean it erases what happened."

Davis has scheduled a public protest of Louisiana's abortion ban at noon Jan. 22 at Galvez Plaza in Baton Rouge.

But in Davis' case, Jackson said the hospital misinterpreted the law and the existing exception for the futility of a fetus' survival.

More:Louisiana woman whose fetus had no skull travels 1,400 miles for abortion

Jackson said the law mandates the Louisiana Department of Health to provide guidance to providers on the futility exception, which allows for adjustments from the agency as medical science advances.

Critics of Louisiana's abortion ban contend the language for exceptions like saving the life of the mother and futility are vague and have paralyzed doctors and healthcare providers with fear of penalties that include up to 15 years in prison for performing an illegal abortion.

"The law is definitely not clear and doctors are freaking out," said state Rep. Mandie Landry of New Orleans, who isn't affiliated with a political party and is one of the few Louisiana lawmakers who support abortion rights. "Those of us who deeply care about these issues are discussing the best way to move forward to protect maternal health."

More:Louisiana Democrat Katie Darling gives birth in viral ad for campaign vs. Steve Scalise

Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1.

This article originally appeared on Lafayette Daily Advertiser: Louisiana abortion ban lawmaker considers rape, incest exceptions