Archive for the ‘ Regulatory Legislation ’ Category

Legal Do’s and Don’ts for Pregnancy Centers and Other Non-Profits

Many Executives and leaders of non-profits like pregnancy centers do not engage in political issues during the election season for fear of the negative impact it might have on their non-profit status. The attorney Barry Bostrom and his legal firm Bopp, Coleson, & Bostrom have put together a list of activities that we as non-profit organizations can and cannot do. Most pregnancy centers are registered as 501 (c) (3) organizations under the IRS tax code and as such have legal rights to engage in certain kinds of activities to not only protect their organizations but also to further the cause of community change for which their organization exists. To download this very helpful document click the following link:

Political Do’s and Don’ts during Election Season

Some examples of things you can and cannot do as a 501 (c) (3) non-profit pregnancy center are:

(1) Discuss the positions of political candidates on issues: Yes

(2) Endorsement of political candidates: No

(3) Financial contributions to political candidates: No

(4) In-kind Contributions to political candidates: No

(5) Independent expenditures in favor of or against political candidates: No

(6) Fundraising projects for political candidates: No

(7) Contributions to PAC’s: No

(8) Electioneering Communications regarding Federal candidates: Yes

(9) Expenditures related to state referendums: Yes

(12) Appearance of political candidate at meeting: Yes

(14) Voting records Yes

More Abortion-minded Women: Making Your Dream a Reality

An issue came up in a Pregnancy Center Leadership discussion group recently that we as executives think about all the time: “How can we reach more pregnant women truly at risk for abortion?” and its sister question, “How can we serve those women in a way that more consistently helps them have their babies?” The particular conversation centered around an executive of a Pregnancy Center in a Midwestern college town feeling like they are not reaching enough abortion-minded women compared to the number of abortions taking place there.

“What exactly leads you to conclude that you actually have a problem?” I asked. “You have made some logical assumptions but your logic is hidden to the rest of us. I am sure you have already figured this out but it would be helpful for the rest of us to get a really good handle on how you arrived at your concern and more importantly what to do about it. Would you be willing to be a little case study for us by answering the following questions for us to chew on? I believe the old adage is true: What gets measured gets fixed. Perhaps we can analyze this as a group of PRC executives in an effort to not only help you but help each other.

1. How many abortions occur in your area annually? 1000

2. How many abortion providers are in your county? 3

3. What is the primary ethnic, age and educational demographic of those women getting abortions? 18-24 Caucasian with 13 years of completed education (sophomore in college)

4. How many appointments did your organization schedule in 2009? 250

5. How many pregnancy tests were performed in 2009? 125

6. How many of those pregnancy tests were positive? 75

7. How many of those positive test patients did you consider to be ‘at risk for an abortion?’ 60

8. How many pregnant, at risk clients can you serve this year? Maybe 460

9. How many of the pregnant at risk patients received an ultrasound their fist visit? 45

10. How many of those said that they were going to continue the pregnancy at the end of their initial appointment? 38

The dream of this executive is to reach 460 pregnant women seriously considering abortion this year. Her initial impression was that all she needed to do was increase her advertising budget. Based on the information she provided if she wanted to reach all 460 women seriously considering abortion in her area using the organization’s current client trends and percentages she would need to filter through 12,000 client appoints per year!

We have found this scenario to represent the typical pregnancy center. What about your pregnancy center? This executive thought that the answer to her low client volume was more advertising. But there is a deeper issue at play. More advertising will only result in more of the same. The approach the center is taking in order to serve the right women in the right way needs  to be streamlined so they can accomplish their goal. (See Case Study of Omaha, NE Pregnancy Center) Otherwise they will be spending precious resources on women who are either not pregnant or not really at risk for abortion. The solution to this service problem lies at the philosophy of ministry that has been adopted. This pregnancy center while using an ultrasound machine is still in the old paradigm of pregnancy center ministry CompassCare coined the Global Service Model or Client-centered approach. In order for them to reach their goal of serving 460 pregnant at risk women they will need to adopt a new paradigm of ministry CompassCare coined the Linear Service Model (LSM).

For information about how to create a linear service model (LSM) to reach and effectively serve abortion-minded women go to www.compasscaretraining.org.

New York Abortion Deregulation Bill

The New York Senate (S5808) and then Assembly (A11484) will be considering the Reproductive Health Act known as RHA.

Dangerous Abortion Bill

For a distilled interpretation click here. The pro-abortion agenda generally attempts to do one of two things; deregulate abortion or regulate the pregnancy center industry. The RHA attempts to do the former and it is unparalleled in its heinousness. A brazen deregulation eliminating conscience clauses forcing hospitals to provide them, making it legal for medical professionals who are NOT physicians to provide abortions, potentially legalizing all forms of abortion at any stage of pregnancy, making abortion a fundamental right, removing unborn children from the definition of homicide, permit females of any age access to any contraception including the dangerous RU 486. Basically, the bill attempts to scour through all New York legislation with a legal scalpel and surgically remove all abortion regulatory language thereby making New York the nation’s most deregulated abortion state, making it an abortion hub.

All human life is valuable (Societal Costs of Abortion). All attempts to destroy it at any phase of existence is evil. The role of government is to reward those that do good and punish those who do evil. The RHA does the exact opposite and in fact gives hearty approval not only of the act of abortion but of those who perform them. If the pregnancy center industry does not regulate itself it will be regulated by the abortion industry. The movement is vulnerable. This abortion bill is highly unethical. More reason to adopt a linear service model.

www.compasscaretraining.org

New Washington State Law Makes Planned Parenthood Accreditation Agency?

To be accredited means that your organization holds to a set of standards of practice within its own industry. Those standards have to be visible in the daily provision of services in the form of documented process and protocols.

The Washington State legislation that was apparently passed recently provides immunity from liability to abortion providers as well as sets up Planned Parenthood as an accreditation agency. This is a potentially disturbing issue. Making an organization with a subjective, financially vested interest in the abortion business an accreditation agency is the classical ethical conflict of interest. First, it is assumed that the organization has documented standards of care for helping women through the decision-making process knowing full well that if they decide to do anything other than have an abortion the organization looses money and hurts their PR campaign. Second, assuming they have documented standards of care the question becomes whether or not they in line with proper medical and counseling standards. Third, can they actually prove that they uphold their standards on a case by case, patient by patient basis? Fourth, what happens when they are asked to be the accreditation agency for women’s health organizations with differing philosophies of service, say pregnancy centers for instance?

This is a perfect example of how at risk the pregnancy center movement is. If the pregnancy center movement cannot demonstrate that it regulates itself according to current professional codes of ethics in the fields of medicine and counseling/psychology the government will be tempted to create regulation for it. If the movement lets this Washington State legislation pass without identifying and holding to our own documented standards that are in line with current medical and counseling ethics the pregnancy center movement may very well be regulated right out of existence. The best way to meet this challenge is with a comprehensive linear service model.

Click CompassCare Ethical Standards for Organizations Helping Women 6-8-10 for CompassCare’s Standards for Organization’s Helping Women. To know that these standards are being observed in your organization a linear service process is necessary. For more information on a complete linear service model go to CompassCare’s Training website.

New York Sweeping Abortion Bill Sets U.S. Precedent

The extreme New York abortion deregulation bill we told you about last Thursday, Reproductive Health Act (S5808 (Stewart-Cousins)/A11484 (Glick) The Reproductive Health Act), may come up for a vote in the Senate today. As noted in the above link, “The Reproductive Health Act (RHA), as it is currently being identified, would be the greatest expansion of abortion rights since Roe v. Wade. The bill has many flaws, including violation of religious freedoms and removing what few restrictions exist on abortion, ultimately endangering women.”

New Yorkers, please take the following actions:

  1. Call your state representatives today and express your position. If you have already done so, it helps to do it again. Click on the following link for information on your representative’s contact information along with talking points: http://capwiz.com/nycf/callalert/index.tt?alertid=15198041
  2. Forward your circle of influence the above link asking them to contact their representatives too.
  3. Pray that God would enlighten the New York Senate

Stop the Fall

To be clear you are not being asked to defend your rights but the rights of the mute and unfortunate, the rights of the unborn and their mothers. True justice is leveraging the power and influence we have on behalf of those who have none. “The king gives stability to the land by justice, but a man who takes bribes overthrows it” (Proverbs 29.12). New York has an Assembly and now perhaps a Senate full of men and women willing to take a bribe, power in exchange for absolute abortion deregulation. Furthermore, with the legislative session coming to a close in the next day or two without a budget and a $9 Billion deficit their tactic is disgraceful, manipulative, wicked. The only thing that adds value to any economy is people. To pass the most sweeping abortion expansion bill in the history of State legislation in the midst of the largest fiscal crisis the State has ever faced is short sighted at best.

Part IV: Ethical Standards for Serving Abortion-minded Women

Transparency, Integrity, and Full Disclosure:

Due to the political, passionate and divisive nature of abortion women facing unplanned pregnancy are often the

Every woman has 3 Choices

victims of biased information and sales tactics at abortion clinics and elsewhere. It is our belief based on serving thousands of abortion-minded women across the country every year that women need to be insulated from these added agenda driven pressures. Furthermore, if they are insulated and at the same time given all the information and about all their options (abortion, adoption, and parenting) as well as the medical support needed at the moment more often than not she will choose to have her baby. Not a sane woman alive actually wants to have an abortion. They feel trapped, like abortion is their only way out. It is the job of the pregnancy center to provide support and security such that she realizes that she can actually pursue other options, a real choice.

So, in the interests of fairness and the desire to avoid non-exploitative behavior, organizations should:

1. Fully disclose the financial profit they stand to gain if the woman chooses one option over another.

2. Refrain from manipulation and coercive tactics such as inflaming irrational fear and panic.

3. Ask and obtain permission at each stage of the consultation process.

4. Conduct anonymous paper-and-pencil exit surveys to assess client/patient satisfaction with the organization. (See Attached Sample Exit Survey Here Client/Patient Exit Survey)

Is Your Employee Compensation Right?

An issue has recently come up within the CompassCare OT network of PRCs regarding employee compensation. Namely when is it right to determine if an employee should be paid for holidays and whether or not that employee should be salaried and therefore exempt from being paid overtime?

Regarding holidays and paid time off it is right to be policy driven. Typically organizations only provide holiday pay for those who work full time. Part time workers generally do not get paid holidays. Also, it is a matter of policy to determine which holidays will be observed by your organization. The big federal holidays are typical like Labor Day, Memorial Day, New Year’s Day, Christmas Day, Thanksgiving Day and Independence Day but you may want to add a few others such as New Year’s Eve Day, Christmas Eve Day, Good Friday, etc. So when a holiday falls during a weekend or when your office is otherwise closed it is no big deal for part timers because they would not get paid anyway but your full time employees should be able to ‘bank’ it and take the day at another time since that paid time off is as you said a ‘benefit’ and an employee should not be penalized if the calendar works against them.

Regarding the issue of getting paid a ‘set amount’, this is determined by the Fair Labor Standards Act of 1938. This is a Federal law regulating when an employer can and cannot do this. The term used by the government regarding a person who gets paid a predetermined amount irrespective of hours worked is ‘exempt employee’. This means that the employee is exempt from the laws requiring overtime pay.

The term used by the government regarding a person who gets paid by the hour is ‘non-exempt employee’. This means that the employee must receive overtime pay when working more than 40 hours per week.

Generally speaking it is up to the employer to determine whether an employee is exempt depending on their salary and the type of work they do. ‘Exempt employee’ is a class typically referred to as ‘White Collar’ exemptions. This category is comprised of executive, administrative, and professional employee types. This means that an employer cannot assign exempt status to just any employee they want since it could prove an unfair labor exchange. The following are criteria for determining exempt employee status and can be found at the following website: http://www.blr.com/compensationtips/exempt-nonexempt .
“Exempt white-collar employees must generally be paid on a salary basis and receive a minimum salary of at least $455 per week. (There are exceptions: Computer programmers, systems analysts, and similar employees may be exempt if they are paid at an hourly rate of $27.63 or more). To be exempt, employees must generally be paid a predetermined amount each pay period. The amount paid may not be reduced because of a variation in the quality or quantity of the work performed. With limited exceptions, the employee must receive his or her full salary for any week in which he or she performs any work, without regard to the number of days or hours worked. However, the employee need not be paid for any workweek in which he or she performs no work.”

Part III: Ethical Standards for Serving Abortion-minded Women

What do therapy dogs have to do with pregnancy care centers? Therapy dogs have proven to raise morale of long term hospital patients which in turn improves the patient’s overall health. But are their times when there are NO DOGs ALLOWED? If you don’t know your ethical standards anything goes and it will become increasingly more difficult to determine what should and should NOT be done when serving clients/patients. Without know your ethical standards and how they apply it is very easy for good intentions to degenerate into poor or unethical performance.

Dogs in a Hospital? Where to draw the line.It is the same way with serving women facing unplanned pregnancy. There are things to do and things not to do. There are times to do them and times not to do them. This post is the third of a four part series of knowing your pregnancy center’s ethical standards of care.

Informed Decision-making:

To promote informed decision-making organizations should help to answer the 3 basic questions every woman needs to have answered in order to determine the outcome of her pregnancy:

A. Am I really pregnant? It is possible to not have a viable pregnancy and have a positive home pregnancy test.

  • A woman needs a medically definitive diagnosis of pregnancy confirmation using ultrasound technology or blood tests.

B.  How far along in the pregnancy am I? The further along in the pregnancy a woman is increases the complexity of her options.

  • A woman needs an ultrasound scan to determine the exact gestational age of the baby. Gestational age determines the type of abortion procedure she would be eligible to receive.
  • All abortion procedures are medical procedures. Therefore each abortion procedure has different costs and different risks associated with them.
  • Gestational age is important to know in terms of providing medically accurate information about fetal development.

C.  Is it important to know if I have a sexually transmitted disease (STD)? STDs can negatively impact future reproductive health if left untreated.

  • Some STDs if left untreated prior to an abortion procedure increase the risk of infection which can put a woman’s reproductive health in jeopardy.
  • Testing and treatment for the most common STDs, Gonorrhea and Chlamydia, is essential to prior to an abortion to safeguard a woman’s reproductive health.

To learn more about how to apply ethical standards through a linear service process that holds all staff and volunteers accountable to those standards go to www.compasscaretraining.org.

Update:  See Part IV:  Ethical Standards for Serving Abortion Minded Women.

Part II: Ethical Standards for Serving Abortion-minded Women

The only way to ensure that your pregnancy help medical clinic’s good intentions actually are provided in a way that is consistent and ethical requires that we as Executives know what our ethical standards are and that those ethics are applied with every step of a client/patient interaction. Just because we believe in the good intentions of our volunteers and staff does not necessarily mean that they are interacting with our clients in an ethical manner. Being a Christian is not enough for ethically delivering services medical or otherwise to women facing unintended pregnancy.

Upholding Ethical Standards of Care

Sadly, you and I know that a woman’s decision about the outcome of her pregnancy is so often fraught with irrational fear, inadequate information, little to no counseling, sales tactics from financially vested interests, and coercive pressure from self-interested others that a woman does not feel like she has any other choice. In a 2004 study published in the Medical Science Monitor 84% of the American sample of women said that they did not receive adequate counseling before receiving an abortion. Additionally 64% felt pressured by others which would include boyfriends, parents, spouses, etc (Medical Science Monitor, 2004; 10 (10): SR5-16, Induced abortion and traumatic stress: A preliminary comparison of American and Russian women; Vincent M. Rue, Priscilla K. Coleman, James J. Rue, David C. Reardon).

Given these considerations and the importance of insulating women facing an unplanned pregnancy from intentional or unintentional negative influence, all organizations seeking to assist these women should employ 3 categories of ethical standards in their delivery of services: A) Supportive Decision-making, B) Informed Decision-making, and C) Transparency.

A.  Supportive Decision-making:

To respect and enhance a woman’s ability to make decisions regarding pregnancy outcomes, organizations should help by using these important pregnancy decision-making tasks:

Assessment of woman’s current social situation including relationship support structures (i.e. father of the baby, parental involvement, etc)

  1. Assessment of woman’s current social situation including relationship support structures (i.e. father of the baby, parental involvement, etc)
  2. Identification of circumstantial pressures (i.e. finances, education, unsupportive relationships, medical care, child care, age, long-term goals, etc)
  3. Careful exploration of the full range of available options including abortion, birth, and adoption.
  4. Careful consideration of potential short and long-term physical, social, and emotional outcomes of each available alternative.
  5. Maintain a safe environment that helps a woman firmly resist pressure from self-interested parties.

Update:  See Part III:  Ethical Standards for Serving Abortion Minded Women

Dodging the Bullet of State Legislation

Its coming . . . more and more attempts to regulate pregnancy centers with State legislation. So far most of them have failed but the abortion industry is getting better at figuring out our internal weaknesses in an effort to limit women’s access to pregnancy centers. Some think that negative regulatory legislation aimed at Pregnancy Centers may happen as early as next year!

All the abortion industry needs is one State to pass restrictive legislation and it could pave the way for other States to follow in their steps. The last thing we want is for the State to begin regulating what Pregnancy Centers do. What we really need is to show the States that we follow standards of our own.

Up until last week Washington State was one of those States. From what I understand the legislation would have made it possible for a woman to sue a pregnancy center ‘for damages’ if she simply did not like what she was told while there. Also, if the Pregnancy Center for some reason were to win the lawsuit it would have made it illegal for them to recover their legal costs from the plaintiff. So not only could they be sued but if they won they would still have to pay for the cost of an expensive lawsuit themselves.

New York Pregnancy Centers have been the target of several pieces of legislation designed to hinder their ability to free speech in marketing as well as limiting their ability to provide limited medical services like ultrasound. In 2006 New York’s Representative Carolyn Maloney introduced a federal bill restricting the free speech of ‘Crisis Pregnancy Centers’ that was actually backed by the ACLU, an organization committed to the broadest interpretation of free speech.

Virginia just a few days ago let a bill die as the legislative session ended for the year without a vote. The idea was to set standards for pregnancy centers to follow informed by the National Abortion Rights Action League (NARAL). They even performed an undercover investigation and wrote a report on it (click here to see that report). See their YouTube video about it below.

What is the solution? We need a return to excellence. We need documented ethical standards of our own. Furthermore, we need documented processes outlining the way we serve every pregnant woman including what we say as well as when it is said and by whom. We need to show that the way we provide medical services to women facing unintended pregnancy is the highest and only standard of care and that even abortion-providers should follow our protocols . . . because they are right, they don’t just feel right. Do you know what is being said to each woman when the door to the counseling room is shut? Do you know for sure that your nurses are not using medical tools to intentionally manipulate women’s emotions. Do you know for sure that your counselors are not dispensing any type of information that could be considered medical in nature? Do have people without a medical license running pregnancy tests? What exactly is being said to women when they are scheduled for an appointment? If all you have to go on is one person who says something like, “We have good counselors . . . they would never say anything they are not supposed to say” then you as an executive can be fairly certain you’ve got problem.

Here is the Acid Test to know if your organization is doing the right things in the right way: Everything you do is written down in a book that everyone follows, parts of which are even memorized as scripts. If you can’t point to that book, and I’m NOT talking about a Policy manual, then it is impossible for your organization to consistently meet any ethical standard. If by some stretch of the imagination your organization is so well run that you hit the bull’s eye let’s say for 1 ethical standard you could not prove it in a court of law without that book and the documentation that each person was trained in doing their job exactly according to the book AND that you have documentation that they followed their training with each and every patient. That is standardization.

“But abortionists don’t do that why should we?” you might ask. It is because they don’t regulate themselves that it is imperative we do. Once we have a clear, well thought out, ethical application of information and medical services aimed at helping women facing unplanned pregnancy to make a truly informed decision then we will have the high ground, then we can begin to see legislation drafted and passed regulating the irresponsible, self-interested, unethical abortion industry. But this will take commitment on the part of the executive, a commitment to applying a linear services model, to changing the way things are done. To learn more about implementing a written, linear service model click on the new CompassCare Training Website here: www.compasscaretraining.org