Legislature(2003 - 2004)
03/18/2004 02:15 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 30 - ABORTION: INFORMED CONSENT; INFORMATION Number 0021 CHAIR McGUIRE announced that the next order of business would be CS FOR SENATE BILL NO. 30(JUD) am, "An Act relating to information and services available to pregnant women and other persons; and ensuring informed consent before an abortion may be performed, except in cases of medical emergency." [Before the committee was HCS CSSB 30(HES).] CHAIR McGUIRE mentioned that public testimony is closed with the exception of written testimony, which the committee will still entertain. She relayed that just today the attorney general provided the committee with a legal analysis of the proposed House committee substitute (HCS) for SB 30, Version 23-LS0193\N, Mischel, 2/18/04; this analysis is dated 3/18/04. CHAIR McGUIRE suggested that the committee incorporate the specific recommendations listed in attorney general's legal analysis into a forthcoming HCS. She explained, however, that there are other aspects of the analysis that she does not mean to have incorporated into a proposed HCS, such as the references to potential privacy challenges, to potential equal protection challenges, and to potential costs associated with [such challenges]. What she would like to incorporate, she relayed, is the recommendation to return to the bill the language requiring that the information in the pamphlet be "unbiased information that is reviewed and approved for medical accuracy and appropriateness by recognized obstetrics and gynecological specialists"; the recommendation that a disclaimer be given on the web site; the recommendation that people be given a choice regarding inclusion in the pamphlet; the recommendation to remove the provision regarding a 24-hour waiting period; and a number of other [specific] recommendations that are outlined. Number 0213 CHAIR McGUIRE made a motion "that the specific recommendations outlined in the March 18, 2004, letter by the attorney general be incorporated into a new [House Judiciary Standing Committee HCS]." Number 0260 REPRESENTATIVE GRUENBERG objected for the purpose of discussion. He said that although he likes the procedure, he isn't saying that he likes the proposed changes, embodied in the legal analysis, on their merits. REPRESENTATIVE OGG offered his understanding that the only portion of a woman's pregnancy that doesn't require a consultation is the first trimester, and surmised that "this is aiming towards that." He said that his hope is that the proposed changes will provide direction on this issue. CHAIR McGUIRE offered her understanding that although the Alaska Administrative Code already has an informed consent requirement, it doesn't require it for the first trimester. She indicated that such is not required by the bill either. REPRESENTATIVE OGG surmised, then, that consent is required but consultation is not. CHAIR McGUIRE concurred. In response to a question, she said that her motion includes the deletion of the 24-hour waiting period. REPRESENTATIVE OGG withdrew his objection. Number 0440 CHAIR McGUIRE asked whether there were any further objections to the motion. There being none, the motion carried. CHAIR McGUIRE announced that SB 30 would be set aside for the purpose of awaiting the forthcoming HCS.
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