Gov. Pillen, Lt. Gov. Kelly and Healthcare Professionals Respond to Misleading Ad Information About Care to Pregnant Women

LINCOLN, NE -- Governor Jim Pillen, Lieutenant Governor Joe Kelly and healthcare professionals from Nebraska have responded to misleading information about care available to Nebraska women experiencing miscarriage and ectopic pregnancies. The group pointed to recent television advertisements that have resulted in confusion and misinformation. As a matter of public health, they say it is imperative healthcare providers and their patients are properly informed.

“This is not about the competing abortion-related initiatives that Nebraskans are deciding. This is about the current law and the questions that have been raised about pregnancy health care,” said Gov. Pillen. “This is about combating misinformation with the facts when it comes to treatment of women who experience a miscarriage or ectopic pregnancy.”

Dr. Timothy Tesmer, Nebraska’s chief medical officer, said he has heard from providers seeking clarity about the Preborn Child Protection Act in LB574, which was passed by the Legislature and signed into law in 2023. It bans abortion after 12 weeks of gestational age with exceptions for rape, incest and the life of the mother.

“Current law allows for the removal of an ectopic pregnancy and the removal of the remains of a preborn child who has died, as well as any emergency involving the mother necessitating the termination of the pregnancy,” explained Dr. Tesmer.

He noted that to date, no physician in Nebraska has had their license sanctioned or revoked due to following the law. Lt. Gov. Kelly added that only those situations in which a medical professional was found to have performed an unlawful abortion, would they be subject to disciplinary action. They would not face any criminal penalties.

Marcy Penrod emphasized the need for women to receive the most accurate information possible during pregnancy. For 25 years, she was a medical assistant to a doctor who specialized in obstetrics and gynecology.

“I am extremely concerned right now with all the misinformation we are hearing in the public square. Women deserve the truth and need to know that when they face challenges like a miscarriage or ectopic pregnancy, our state laws allow, and require, doctors to address those medical difficulties,” said Penrod.

From the perspective of his 36 years of practice as an obstetrician gynecologist, Dr. Robert Plambeck said he and other medical professionals work very hard to establish relationships and trust with their patients. Often those relationships extend for many years. Misinformation about medical treatment can have a detrimental effect.

“When that kind of information is allowed to spread through various forms of media, it becomes an issue, not only for me and my patients, but it becomes a public health crisis,” said Dr. Plambeck. “Women who experience challenging and distressing situations in their pregnancy deserve our support.”

Dr. Richard Wurtz, who has been in family practice in Lincoln for 30 years, agreed. “Patients come to us and expect us to speak the truth and provide them with the most accurate information, so they can make sound medical decisions for themselves and those they love. But when the forces of misinformation about this basic medical care enter the picture, it does grave harm to public health and public trust of medical professionals.”

Elizabeth Jacobs-Fitzgerald has been a labor and delivery nurse for 30 years. Beyond that, she also works closely with families who have experienced miscarriage, ectopic pregnancy and stillbirth. In those situations, when people are most vulnerable, is when accurate information is especially critical.
“Misinformation confuses women and leaves them feeling desperate and alone at a time when they should be able to trust the healthcare community to walk with them through their journey of pregnancy loss,” said Jacobs-Fitzgerald. “Real women’s lives and the dignity of their unborn children are on the line, and we owe them the best medical advice and care we can offer as a community.”
“Public health is ultimately a matter of life and death and it’s extremely important that people have the right information to make good decisions,” said Gov. Pillen.

He and Dr. Tesmer encouraged medical professionals to follow their best medical judgement and if they had follow-up questions about the law, they should reach out to the Division of Public Health at the Nebraska Department of Health and Human Services (DHHS). Any woman who is told she cannot legally be provided care for miscarriage or ectopic pregnancy should also contact DHHS.
“The last thing we want in our state are women who are afraid, based on misinformation, that they can’t get medical attention in those situations,” stressed Gov. Pillen.