Legislature(2003 - 2004)

05/12/2003 09:12 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE BILL NO. 30(JUD)                                                                                             
     "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."                                                                                                     
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken stated  that this bill, "places in statute a current                                                            
regulation that  states an abortion may not be performed  unless the                                                            
patient  gives informed  consent.  In addition,  SB  30 directs  the                                                            
Department  of  Health and  Social  Services  to develop  a  website                                                            
designed  to inform  a  pregnant women  regarding  her reproductive                                                             
choices."                                                                                                                       
                                                                                                                                
SENATOR  FRED DYSON,  sponsor,  testified that  regulations  require                                                            
that doctors provide  for informed consent and that  this bill would                                                            
make the requirements statutory.  He stated that since introduction,                                                            
this  legislation  has  been  "extensively  modified  and  improved"                                                            
incorporating  recommendations  from the Department  of Law  and the                                                            
Department  of Health and Social Services.  He explained  that under                                                            
the provisions  of  this bill,  a doctor  would not  be required  to                                                            
utilize the  information supplied  by the  State, and could  instead                                                            
continue  to use information  compiled by the  doctor. He noted  the                                                            
information  supplied   by the  Department   of  Health  and  Social                                                            
Services would be continually  updated and available on the Internet                                                            
in several  languages. He suggested  this would allow the  doctor to                                                            
have  current information  on  support  and services  available.  He                                                            
informed  that  a doctor  who  chooses to  utilize  the information                                                             
provided  by the Department  would be exempt  from the liability  of                                                            
not providing adequate informed consent.                                                                                        
                                                                                                                                
Senator Olson  asked the  affect of this  legislation on the  normal                                                            
operations  of practitioners.  He spoke as  a physician of  the many                                                            
existing requirements  placed on doctors and opposed  the imposition                                                            
of additional complexities.                                                                                                     
                                                                                                                                
Senator Dyson relayed testimony  from doctors that they are "already                                                            
doing  a good  job of  informing  their patients  of  the risks  and                                                            
choices that  they have." He stated  that doctors already  providing                                                            
informed consent would  only be required to keep a record of such in                                                            
a  patient's  file.  He  predicted   that  the  utilization  of  the                                                            
Department  supplied  information  would  simplify the  process  for                                                            
doctors, as the  information would be kept up to date.  He cited the                                                            
"very few botched  abortion operations" in Alaska  as indicating the                                                            
most practitioners are performing adequately.                                                                                   
                                                                                                                                
Senator  Olson expressed  concern  about  the additional  burden  of                                                            
compliance in the event of a medical emergency.                                                                                 
                                                                                                                                
Senator Dyson  noted existing regulations  require informed  consent                                                            
for all  medical procedures,  which would  not change. He  suggested                                                            
that "no competent practitioner"  would perform "a somewhat invasive                                                            
procedure  like abortion"  without having  reviewed the matter  with                                                            
the patient.                                                                                                                    
                                                                                                                                
Co-Chair Wilken  directed the discussion  to focus on fiscal  issues                                                            
related  to this  legislation  and not  "too much  of the  mechanics                                                            
part".  He  indicated opportunity   would be  provided  for  further                                                            
discussion on other aspects of the bill.                                                                                        
                                                                                                                                
Senator  Olson  asked  the  anticipated   financial  impact  of  the                                                            
requirement to keep records of informed consent.                                                                                
                                                                                                                                
Senator   Dyson  expected   no  additional   financial  impact,   as                                                            
documentation of informed consent is already required.                                                                          
                                                                                                                                
Senator  Olson asked  the penalties  to a physician  for failure  to                                                            
comply with the statute.                                                                                                        
                                                                                                                                
JASON HOOLEY,  Staff to Senator Dyson, responded that  the physician                                                            
would be civilly liable for compensatory and punitive damages.                                                                  
                                                                                                                                
Senator Olson asked if this differs from current regulations.                                                                   
                                                                                                                                
Mr.  Hooley answered  that  the  civil liability  provision  is  not                                                            
stipulated in the regulations.                                                                                                  
                                                                                                                                
VICKY  HALCRO,  Director,  Public  Affairs  and  Marketing,  Planned                                                            
Parenthood of  Alaska, testified via teleconference  from Anchorage,                                                            
against the bill  on behalf of Anna Franks, Executive  Director. She                                                            
read a statement into the record as follows.                                                                                    
                                                                                                                                
     I strongly urge you  to oppose SB 30. This proposed legislation                                                            
     would create excessive  obstacles resulting in undue burden for                                                            
     the women of Alaska  who are seeking to obtain an abortion. One                                                            
     such obstacle  proposed by SB  30 includes requiring  that only                                                            
     physicians  verbally,  individually and  in a private  setting,                                                            
     present patients the  information necessary to provide informed                                                            
     consent.  A second troublesome obstacle proposed  by SB 30 is a                                                            
     mandated   24-hour   waiting   period   requiring   that   this                                                            
     information be provided  to a patient 24 hours in advance of an                                                            
     abortion.                                                                                                                  
                                                                                                                                
     In tandem,  the ramifications  of these two mandates  multiply,                                                            
     especially  when  taking  into  consideration   the  geographic                                                            
     uniqueness  of our  State. The  24-hour  waiting period,  along                                                            
     with  the  requirement  that a  physician  is the  only  person                                                            
     eligible  to relate particular information will  result in many                                                            
     patients  having to visit  a clinic three  times: once  for the                                                            
     pregnancy test, a  second time for the physician to provide the                                                            
     information to the  patient - many times the physician will not                                                            
     be  available  the  moment  the  patient  receives  their  test                                                            
     results,  and a third visit for  the procedure. Adding  a third                                                            
     visit  translates into  increased expenses,  risks and  stress.                                                            
     Three  visits  means  more  time  off  from  work,  a  possible                                                            
     increase  in  risk  -  any  delay  can  carry   medical  risks,                                                            
     especially  if a doctor is not available for  a second or third                                                            
     appointment for a  week or more, and increased stress resulting                                                            
     in additional time away from family and jobs.                                                                              
                                                                                                                                
     Women  from rural communities  who must travel to Anchorage  or                                                            
     Fairbanks  for medical care will  feel these burdens  the most,                                                            
     possibly  making an abortion  prohibitive. The intent  of SB 30                                                            
     is  clear:  restricting  physicians  as  the  only information                                                             
     provider  to  patients,   misappropriates  valuable   physician                                                            
     resources.  Rather  than allowing  a  physician  the option  of                                                            
     delegating   this  responsibility  to  another   trained  staff                                                            
     member,  a physician's  availability  to perform  abortions  is                                                            
     limited,  therefore reducing  the women  of Alaska's access  to                                                            
     abortion.                                                                                                                  
                                                                                                                                
     Moreover,  physicians and clinics  are already required  and do                                                            
     provide  to the patients  the necessary  information to  ensure                                                            
     that they  are able to make an informed decision  regarding any                                                            
     surgical procedure,  including abortion. SB 30 unjustly singles                                                            
     out abortion and imposes  numerous additional requirements that                                                            
     are  not  only  unfair   to the  women   of  Alaska,  but  also                                                            
     unconstitutional.                                                                                                          
                                                                                                                                
      Once again, I strongly urge you to vote against SB 30.                                                                    
                                                                                                                                
Senator Dyson  asked if  reason why the  required information  could                                                            
not be provided to a patient at time of the pregnancy test.                                                                     
                                                                                                                                
Ms. Halcro responded  that the physician might be  unavailable for a                                                            
consultation  at  the time  of  the pregnancy  test.  She  suggested                                                            
authorization to allow  the physician to delegate the responsibility                                                            
to a trained staff member.                                                                                                      
                                                                                                                                
Senator Dyson commented this would be reasonable.                                                                               
                                                                                                                                
Co-Chair Green  offered a motion to  move SB 30 from Committee  with                                                            
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There was no objection  and CS SB 30 (JUD) MOVED from Committee with                                                            
two fiscal notes from the  Department of Health and Social Services:                                                            
fiscal  note #1  for $20,000  from the  Maternal,  Child and  Family                                                            
Health component, and fiscal  note #2 for $30,000 from the Bureau of                                                            
Vital Statistics component.                                                                                                     
                                                                                                                                

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