Legislature(2001 - 2002)
2002-06-21 Senate Journal
Full Journal pdf2002-06-21 Senate Journal Page 3742 SB 364 Message dated and received June 5, stating Under the authority of art. II. Sec. 15, of the Alaska Constitution, I have vetoed the following bill: SENATE BILL NO. 364 "An Act relating to medical services under the state Medicaid program." This bill is the most recent attempt by the Alaska Legislature to override court decisions and deny women their constitutionally protected right to safe, legal abortions. Those legislators who oppose a woman's right to choice continue to chip away at that right by trying to limit access to abortions. I must, once again, cry foul at this unconstitutional effort. This bill would create two classes of Medicaid-eligible women for whom an abortion is medically necessary: those for whom a doctor is willing to certify the necessity of the abortion based on vague, nonmedical statutory terminology, and those for whom the doctor is unwilling or unable to do so. This legislation flies in the face of the Alaska Supreme Court's 2001 decision in State v. Planned Parenthood and is likely to be found unconstitutional because it: 2002-06-21 Senate Journal Page 3743 · Selectively denies payment for medically necessary treatment to Medicaid eligible women; · Fails to use neutral criteria in establishing the standards for paying for abortions; and · Creates differential treatment for payment for services under Medicaid provided to pregnant women who do not meet the strict limitations set out in the statute. I also believe the bill could be struck down as unconstitutionally vague. This bill describes the factors to determine medical necessity for payment in terms that are not customarily used in the medical profession nor even possible to calculate. It requires absolute certainty in determining that without an abortion, a woman's physical health would be seriously endangered. The restrictions placed on psychological health are even more vague and limiting to the point of being offensive to the medical profession. Physicians testified that the language in this legislation does not conform to the type of determinations a physician must make and the type of advice a physician usually provides to a patient. It therefore sets out unworkable standards that should not be imposed on the practice of medicine. With this bill, the Alaska Legislature is placing personal views on morality ahead of the Constitution and trying to practice medicine by dictating what procedures and diagnoses doctors may or may not render. Most notably, with this bill the Legislature is trying to insert itself into a decision that is and should be of the utmost privacy- between a woman and her physician. Sincerely, /s/ Tony Knowles Governor