CNA Staff, May 8, 2020 / 12:30 pm (CNA).- A federal judge in Arkansas on Thursday upheld the state’s requirement that women obtain a negative coronavirus test before having an abortion.

Calling the decision “agonizingly difficult,” Judge Brian Miller for the Eastern District Court of Arkansas said the state’s testing mandate—which applies to all elective surgeries and not just abortions—is “reasonable” during the public health emergency and was not done “with an eye toward limiting abortions.

The judge noted that “it is undisputed that surgical abortions have still taken place.”

The abortion clinic Little Rock Family Planning Services had requested a temporary injunction on the state health department’s requirement that elective surgery patients obtain a negative new coronavirus (COVID-19) test result within 48 hours before the procedure.

Previously, the health department ordered a halt to non-essential surgeries on April 3 to preserve resources for treating COVID-19.

The Little Rock abortion clinic performed abortions while claiming they were offering “essential” procedures, and after the health department ordered them to stop on April 10, the clinic challenged the state in court. The diocese’s Respect Life Office noted that women were traveling to the clinic for abortions from nearby states such as Texas and Louisiana.

The clinic won its case for a temporary restraining order at the district court level, but the Eighth Circuit appeals court subsequently overruled that decision and sided with the state.

The April 3 directive was updated April 24 to allow for some elective surgeries provided certain conditions were met. Elective abortions were included in the “non-essential” surgeries that were allowed to continue on April 24.

These conditions included no overnight stays, no contact with COVID-19 patients in the previous 14 days, and a negative COVID-19 test for patients within 48 hours of the surgery.

According to the clinic, which asked for a temporary injunction, three women were seeking to obtain “dilation and evacuation” abortions but were prevented from meeting the state’s testing requirmenet. One woman said she was unable to get a COVID-19 test; another said the lab could not guarantee she would receive results in 48 hours. The third woman was unable to get an abortion in Texas, and drove to the Little Rock clinic; she was told the results of her test would not be available for several days.

In response, the state’s health department said that four surgical abortions had still been performed at the clinic between April 27 and May 1, with COVID-19 test results having been obtained within 48 hours of the abortions, and thus the directive was not an “undue burden” on women seeking abortion.

In his decision on Thursday, Judge Miller said that the pandemic is a serious threat, noting that at the time of the opinion more than 70,000 people had died in the U.S. from the virus including more than 3,500 people in Arkansas.

He said the case “presents the tug-of-war between individual liberty and the state’s police power to protect the public during the existing, grave health crisis,” and noted that the three women as well as others “are very troubled. There is a strong urge to rule for them because they are extremely sympathetic figures, but that would be unjust.”

CNA Staff, May 8, 2020 / 12:30 pm (CNA).- A federal judge in Arkansas on Thursday upheld the state’s requirement that women obtain a negative coronavirus test before having an abortion.

Calling the decision “agonizingly difficult,” Judge Brian Miller for the Eastern District Court of Arkansas said the state’s testing mandate—which applies to all elective surgeries and not just abortions—is “reasonable” during the public health emergency and was not done “with an eye toward limiting abortions.

The judge noted that “it is undisputed that surgical abortions have still taken place.”

The abortion clinic Little Rock Family Planning Services had requested a temporary injunction on the state health department’s requirement that elective surgery patients obtain a negative new coronavirus (COVID-19) test result within 48 hours before the procedure.

Previously, the health department ordered a halt to non-essential surgeries on April 3 to preserve resources for treating COVID-19.

The Little Rock abortion clinic performed abortions while claiming they were offering “essential” procedures, and after the health department ordered them to stop on April 10, the clinic challenged the state in court. The diocese’s Respect Life Office noted that women were traveling to the clinic for abortions from nearby states such as Texas and Louisiana.

The clinic won its case for a temporary restraining order at the district court level, but the Eighth Circuit appeals court subsequently overruled that decision and sided with the state.

The April 3 directive was updated April 24 to allow for some elective surgeries provided certain conditions were met. Elective abortions were included in the “non-essential” surgeries that were allowed to continue on April 24.

These conditions included no overnight stays, no contact with COVID-19 patients in the previous 14 days, and a negative COVID-19 test for patients within 48 hours of the surgery.

According to the clinic, which asked for a temporary injunction, three women were seeking to obtain “dilation and evacuation” abortions but were prevented from meeting the state’s testing requirmenet. One woman said she was unable to get a COVID-19 test; another said the lab could not guarantee she would receive results in 48 hours. The third woman was unable to get an abortion in Texas, and drove to the Little Rock clinic; she was told the results of her test would not be available for several days.

In response, the state’s health department said that four surgical abortions had still been performed at the clinic between April 27 and May 1, with COVID-19 test results having been obtained within 48 hours of the abortions, and thus the directive was not an “undue burden” on women seeking abortion.

In his decision on Thursday, Judge Miller said that the pandemic is a serious threat, noting that at the time of the opinion more than 70,000 people had died in the U.S. from the virus including more than 3,500 people in Arkansas.

He said the case “presents the tug-of-war between individual liberty and the state’s police power to protect the public during the existing, grave health crisis,” and noted that the three women as well as others “are very troubled. There is a strong urge to rule for them because they are extremely sympathetic figures, but that would be unjust.”

On Feb. 3, all students, faculty and staff members at every Penn State campus location will receive an email to take the Penn State Community Survey to share their attitudes and experiences of community, diversity and inclusion at Penn State. Every 100 survey takers will have a chance to win an Amazon or Starbucks gift card.

The annual Earth Fest event and the K-6 Upcycled Art Contest have been canceled for this year.

States are adjusting the policies and strategies designed for short- term remote instruction—like snow day plans—to support students for the rest of the school year.

In the aftermath of this spring's teacher protests, more educators are running for state office—and the National Education Association is seizing on the political moment.

The change to the Title II program will benefit Southern states, while Michigan, New York, and Pennsylvania, among others, will see their allocations shrink.

The Education Department wants states to re-submit "equity plans" to ensure that effective teachers are matched with disadvantaged and minority students.

A growing movement to shed Confederate names on public schools has drawn attention in recent years. But public schools named in honor of segregationists haven't drawn the same level of scrutiny.

A group of Texas high school cheerleaders filed a petition with the state Supreme Court over an ongoing dispute about the display of banners with religious messages at high school football games.

A new mandate under the Every Student Succeeds Act requires a top-to-bottom look at how such districts deploy their money, staff, and the time used to support improvement.

A collection of news stories from this week.

President Donald Trump has invited a 6th-grade student from Wilmington, Del., to sit in first lady Melania Trump's box during Tuesday's annual address to Congress.

By the time I left school, aged 18, I couldn’t distinguish between which beliefs I had worked out for myself and which were absorbed through conditioning.

K-12 educational entrepreneurship today is marked by at least three major tensions that deserve a lot more careful attention.

SOMETIMES, for a giggle, I like to imagine what Scotland would have been like had we kept the oil for ourselves. Like Saudi Arabia without the weather and executions, maybe? Or more like canny Norway, investing the cash in a big brolly for some future rainy day?

Tax-credit scholarship programs in 17 states collected $1.1 billion in contributions in 2017, a new analysis from the GAO finds.

The pending departure of Rep. John Boehner, R-Ohio, the speaker of the House seems to have lit a fire under negotiations on reauthorization of the Elementary and Secondary Education Act.

More than half of the state plans fail to publicly report data on educator equity gaps, the National Council of Teacher Quality found in its analyses.

The Albert L. Evans Jr. Honorary Scholarship is a tribute to Bert Evans and his example of generous philanthropy.

Penn State Schuylkill hosted two online celebrations for its Honors Program students, outstanding student scholars and tutors the week of April 20, 2020.

Dozens of states offer the seal of biliteracy, but more than 80 percent of students who earn the honor are concentrated in just five states, a new report reveals.

In California, nearly 1 in every 4 children don't speak English fluently. On Election Day, the state's voters will decide whether to overturn a longstanding policy of teaching these children in English-only classrooms, or whether to embrace bilingual forms of teaching.

Education Week catches you up on the week gone by with a thoughtful look at recent news in K-12 education.

A number of studies have examined the early impact of the varicella vaccination program on varicella-related hospitalizations and have found evidence of decline after vaccine implementation.

This study further documents the continued decline in varicella-related hospitalizations during the 1-dose varicella vaccination era and demonstrates statistically significant declines of >65% in all age groups. These data suggest that varicella vaccination prevented ~50 000 hospitalizations from 2000 to 2006. (Read the full article)

Most childhood HIV is acquired through perinatal transmission, some of which is preventable. Practitioners need to understand what proportion of perinatally acquired HIV infections are attributable to missed prevention opportunities.

Missed prevention opportunities include lack of early HIV testing for pregnant women; suboptimal use of antiretroviral medications during pregnancy, labor, or delivery or for the neonate; breastfeeding; and vaginal delivery when maternal viral load was ≥1000 copies/mL. (Read the full article)

Refugee children arriving in the United States have had higher rates of elevated blood lead levels than US-born children. The Centers for Disease Control and Prevention recommends blood lead screening of all refugee children within 3 months after their arrival in the United States.

This is the first investigation we are aware of to examine and identify risk factors for lead poisoning among US-bound refugee children living in camps overseas, before their arrival in the United States. (Read the full article)

Hepatitis A infection causes severe disease among adolescents and adults. Hepatitis A vaccination (HepA) is recommended universally at 1 year, with vaccination through 18 years based on risk or desire for protection.

This is the first study to evaluate adolescent HepA coverage in the United States using provider-reported vaccination data. HepA coverage was low among adolescents, leaving a large population susceptible to hepatitis A infection maturing into adulthood. (Read the full article)

Secondhand smoke exposure poses a significant health risk to nonsmokers. With the proliferation of comprehensive smoke-free laws prohibiting smoking in worksites and public areas, private areas have become the primary source of secondhand smoke exposure for many individuals, particularly youth.

Secondhand smoke exposure in cars has steadily declined among middle and high school students. However, many remain exposed to secondhand smoke in this environment. Jurisdictions should expand existing comprehensive smoke-free policies to prohibit smoking in vehicles occupied by youth. (Read the full article)

Prior to the Affordable Care Act of 2010, 34 states enacted laws extending eligibility for parents’ health insurance to adult children. Few studies have examined their impact; a single study found no change in insurance 1 year after enactment.

States that expanded parents’ insurance eligibility to young adults were associated with higher rates of insurance coverage, identification of a personal clinician, physical exams, and lower forgone care due to cost. The Affordable Care Act may similarly improve access to care. (Read the full article)

Most states require driver education (DE) for novice drivers, and several recent substantial efforts have sought to realign DE with the aim of producing safer drivers. However, teen participation rates and how they differ among relevant subgroups remain unknown.

This study provides national estimates of teen driver participation in formal DE, a recognized gap in the literature, and identifies disparities in behind-the-wheel training among certain racial/ethnic, socioeconomic, and gender groups, particularly in jurisdictions without a DE requirement. (Read the full article)

Neglect cases in Child Protective Services often receive home-based interventions, but their success in preventing maltreatment recidivism has been elusive. Structured, behavioral skills models, such as SafeCare, are promising but have not been tested in full-scale implementation trials.

This cluster trial experiment demonstrates significant maltreatment recidivism reduction due to implementing the SafeCare model in a fully scaled-up statewide system. The findings support adopting the SafeCare model for these types of services. (Read the full article)

Several studies have analyzed fatal or nonfatal youth injury incidence in US agricultural settings, but none have combined those estimates to form an overall picture. The only detailed study of costs related to such injuries is restricted to nonfatal injury.

This study provides a comprehensive analysis of the annual incidence and cost of agricultural youth injuries in the United States. It analyzes them from different perspectives: fatal versus nonfatal, at work versus not at work, and requiring hospitalization versus not requiring hospitalization. (Read the full article)

Trisomy 13 and trisomy 18, common chromosomal abnormalities, are generally considered fatal within the first year after birth, although some children live longer. Little is known, however, about the inpatient medical courses of these infants and children.

Evaluation of nationally representative hospitalization data demonstrates that a significant number of children with trisomy 13 and trisomy 18 live beyond 1 year of age and that the care they receive includes both medical and surgical treatments. (Read the full article)

Batteries, especially button batteries, are an important source of pediatric injury. Recent reports suggest that fatal and severe button battery ingestions are increasing.

An estimated 3289 battery-related ED visits occurred annually among US children <18 years of age, averaging 1 visit approximately every 3 hours. The number and rate of visits increased significantly during the 20-year study period, driven by increases during the last 8 study years. (Read the full article)

Previous research on injuries related to bottle, pacifier, and sippy cup use has largely focused on case reports of infant injuries or fatalities attributed to pacifiers or pacifier parts causing asphyxiation or to bottle warming causing burns.

This study is the first to use a nationally representative sample to investigate the range of injuries requiring emergency department visits associated with bottles, pacifiers, and sippy cups among children aged <3 years. (Read the full article)

Numerous studies report disparate use of dental services among poor children. National estimates vary based on the data source, and little is known about how age, race, and health plan affect use of dental services among Medicaid-enrolled children.

Based on of Medicaid claims, dental services improved since 2002 but varied substantially by state, age, and type of insurance. Children entering school had the highest prevalence of care as did children in primary care case management and health maintenance organizations. (Read the full article)

Since the introduction of effective vaccines in the United States, the incidence of invasive Haemophilus influenzae type b (Hib) disease in children aged <5 years has decreased by 99%. In 2007, in response to limited vaccine supply, Hib booster doses were deferred for 18 months.

This review found no significant change in the incidence of invasive Hib disease in the United States during the booster dose deferral period, suggesting that booster dose deferral is a reasonable approach to Hib vaccine shortages in the short-term. (Read the full article)

Policies that govern nutrition standards of foods and beverages sold outside of federal meal programs ("competitive foods") have been associated with adolescent weight status in a small number of cross-sectional studies and pre-post analyses in individual states.

This longitudinal analysis of 6300 students in 40 states provides evidence that state competitive food laws are associated with lower within-student BMI change if laws contain strong language with specific standards and are consistent across grade levels. (Read the full article)

The American Academy of Pediatrics and National Heart, Lung, and Blood Institute recommend routine blood pressure measurement in children. Little is known about the frequency with which blood pressure is currently measured in ambulatory pediatric settings in the United States.

Between 2000 and 2009, providers measured blood pressure during only one-third of ambulatory pediatric visits and two-thirds of pediatric preventive visits. The current rate of screening is especially low for children aged 3 to 7 years. (Read the full article)

National data from child protective services agencies have shown a 55% decrease in the incidence of substantiated cases of physical abuse from 1992 to 2009, but no study has tracked the occurrence of serious injuries due to physical abuse.

Using national data from hospitalized children, we found a statistically significant increase in the incidence of serious injuries due to physical abuse from 1997 to 2009. These results are in sharp contrast to data from child protective services. (Read the full article)

Foreign-born children and adolescents in the United States experience higher tuberculosis (TB) morbidity rates than US-born children and adolescents. Pediatric risk assessment should account for country of birth, contact with a known TB case, or travel to TB-endemic countries.

Our study reports national data on parental/guardian countries of origin and international residence of pediatric patients with TB. Two-thirds of US-born children with TB have international family connections, and many have lived in countries with increased risk for TB acquisition. (Read the full article)

A previous study of inflatable bouncer–related fractures has shown that upper extremity fractures are most common, and many fractures are caused by collisions; however, no study has examined nonfracture injuries or used nationally representative data to investigate inflatable bouncer–related injuries.

This is the first study to use nationally representative data to calculate national injury rates, assess risk factors, and examine trends for pediatric inflatable bouncer–related injuries treated in US emergency departments over a 21-year period (1990–2010). (Read the full article)

Although survival of children born with Down syndrome has improved, unexplained racial and ethnic disparities in survival persist in the United States.

This study used population-based data from 10 birth defects monitoring programs in the United States to examine survival trends among children born with Down syndrome and to evaluate the changing influence of survival predictors over the life course. (Read the full article)

UV radiation exposure in tanning beds is associated with an increased risk of skin cancer. Because of the rising rate of melanoma, the World Health Organization recommends that persons <18 years of age not use tanning devices.

Despite scientific evidence to the contrary, tanning facilities in Missouri, a state without indoor-tanning regulations, often misinformed consumers regarding the risk of skin cancer and would allow children as young as 10 years old to use tanning devices. (Read the full article)

In the era of widespread conjugate vaccine use, the prevalence of bacterial meningitis has declined. However, the impact of this decline on the rate of emergency department visits for viral meningitis and cost of caring for these children is unknown.

There was a decline in the rate of diagnosis of viral meningitis in US children’s hospitals between 2005 and 2011. Most children diagnosed with viral meningitis are treated with antibiotics and are hospitalized, accounting for considerable health care costs. (Read the full article)

Infant and neonatal mortality rates in the United States decreased markedly during the twentieth century but have not decreased notably during recent years. There has been an increase in preterm and low birth weight births in recent years.

The lack of decrease in infant and neonatal mortality rates in recent years is due in large part to the increasing proportion of preterm and low birth weight infants, particularly infants <500 g. (Read the full article)

The incidence of childhood and adolescent melanoma has been significantly increasing up to 2004. Risk factors (fair skin, light-colored hair/eyes, female gender, presence of nevi, family history, increased number of sunburns, and exposure to UV radiation) are associated with melanoma.

This study describes incidence trends of melanoma diagnosed between the ages of 0 and 19 years and from 1973 through 2009 by gender, stage and age at diagnosis, primary site, and exposure to UV radiation. (Read the full article)

Hydrocarbons are dangerous household products commonly found in homes with young children. Unintentional ingestion continues to be a problem despite existing prevention efforts. Aspiration is often associated with ingestion of hydrocarbons by children.

The National Poison Database System and National Electronic Injury Surveillance System data sets demonstrate similar rates of hydrocarbon-related injuries in children. Rates of hydrocarbon exposure were highest in summer. Gasoline was the product most associated with hydrocarbon injuries. (Read the full article)

The importance of transition from pediatric to adult health care for youth with special health care needs has gained increasing attention over the past decade, but fewer than half of this population received needed transition preparation in 2005–2006.

This study reports on transition findings from the 2009–2010 National Survey of Children with Special Health Care Needs and finds no discernible improvements since 2005–2006. New clinical recommendations and care processes should help to accelerate transition improvements in the future. (Read the full article)