Legislature(2003 - 2004)

04/14/2003 01:35 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         SB  30-ABORTION: INFORMED CONSENT; INFORMATION                                                                     
                                                                                                                                
CHAIR FRED DYSON announced SB 30 to be up for consideration.                                                                    
                                                                                                                                
SENATOR LYDA GREEN  moved to adopt the  committee substitute (CS)                                                               
to SB  30, version LS0193\S,  Lauterbach, 4/11/03. There  were no                                                               
objections and it was so ordered.                                                                                               
                                                                                                                                
CHAIR DYSON explained  that the CS adopts the  Division of Public                                                               
Health's  suggestion  to  put  updated  information  on  informed                                                               
consent  on a  website where  it can  be easily  downloaded. That                                                               
will  make  it easier  for  the  department  to keep  up  current                                                               
addresses of support groups and  providers and greatly reduce the                                                               
cost. That  is the  main change.  The bill  puts in  statute that                                                               
which  is already  in regulation  requiring informed  consent and                                                               
gives the option, but does not  demand, that the provider put the                                                               
website information in his own pamphlet.                                                                                        
                                                                                                                                
DR. BOB  JOHNSON, Kodiak, said he  is a retired physician  who in                                                               
his  last  10  years  of  practice performed  an  average  of  70                                                               
abortions per  year. He explained  that he scheduled  five visits                                                               
for each  patient. During the  first visit, he determined  if the                                                               
patient   had  really   investigated  other   options  and   felt                                                               
comfortable with  the decision;  the second  visit was  to inform                                                               
the patient about the procedure  and possible problems that could                                                               
arise and to  answer questions. He found  that patients expressed                                                               
many varying needs  and that each one needed to  be treated as an                                                               
individual.  He didn't  have a  set list  of information  he felt                                                               
required to give to them,  because some of them couldn't tolerate                                                               
it, some would  have been angered by it, some  didn't need it and                                                               
others had  questions that probably  wouldn't have  been included                                                               
in his list.  Dictating the requirements of what  a person should                                                               
be told  is a mistake.  The deputy commissioner pointed  out that                                                               
the department  doesn't regulate,  monitor or license  clinics or                                                               
doctors offices  and that  this might  produce a  situation where                                                               
monitoring is necessary.                                                                                                        
                                                                                                                                
CHAIR DYSON  said that  some testifiers  indicated that  having a                                                               
24-hour waiting period  would be a great  inconvenience. He asked                                                               
if he  considered it good practice  to have first contact  with a                                                               
client,  perform the  procedure and  put  the client  back on  an                                                               
airplane in one day.                                                                                                            
                                                                                                                                
DR. JOHNSON replied that he  was never faced with that situation,                                                               
because Kodiak is the end of the  line and they were all there to                                                               
begin with. He  thought most doctors would like to  have a couple                                                               
of  days with  the patient  to  explore the  decision and  answer                                                               
questions about the procedure.                                                                                                  
                                                                                                                                
CHAIR  DYSON asked  if  he  thought it  is  wise  to observe  the                                                               
patient for  some period after  the procedure to make  sure there                                                               
aren't complications.                                                                                                           
                                                                                                                                
DR. JOHNSON  replied about a half  hour is all that  is necessary                                                               
if the patient is in the same community.                                                                                        
                                                                                                                                
CHAIR  DYSON  asked  about  patients  who  fly  out  to  a  rural                                                               
community.                                                                                                                      
                                                                                                                                
DR. JOHNSON said  the complication rate is extremely  low, but he                                                               
wouldn't want anyone flying on the same day.                                                                                    
                                                                                                                                
MS. FRANCES  CATER, Kodiak,  said that SB  30 is  unnecessary and                                                               
that  any ethical  doctor would  do all  those things  anyway. It                                                               
would be very expensive for  DHSS to monitor this program instead                                                               
of doing more important things.                                                                                                 
                                                                                                                                
MS. PAULINE  UTTER, Anchorage resident,  opposed SB 30,  but said                                                               
if  it passes,  she  thinks it  should  also include  information                                                               
about how hard it is for the mother to get child support.                                                                       
                                                                                                                                
MS. ROBIN  SMITH, Anchorage  resident, said  she wants  to reduce                                                               
the number of  abortions, but thought the best way  to do that is                                                               
to  reduce   the  number  of   unintended  pregnancies.   She  is                                                               
disappointed that  the governor's budget reduced  all state money                                                               
for  family  planning.  Alaska  has  the  highest  rate  of  teen                                                               
pregnancies and rape in the country.                                                                                            
                                                                                                                                
MS. KATIE BRYSON, Anchorage resident,  also opposed SB 30 for all                                                               
the  aforementioned reasons  and added  while the  intent of  the                                                               
legislation  is  to empower  women  by  mandating choice  through                                                               
information, the  language of this  bill would make  the pamphlet                                                               
heavily  biased  rather than  objective.  She  opined, "It  would                                                               
serve to intimidate rather than inform."                                                                                        
                                                                                                                                
MS.  SOPHIE  BUTIGAN,  Anchorage  resident, opposed  SB  30.  She                                                               
personally finds the 24-hour waiting  period biased against lower                                                               
income women and women without access to affordable health care.                                                                
                                                                                                                                
SENATOR  GREEN moved  to pass  CSSB 30(HES)  from committee  with                                                               
individual recommendations and the accompanying fiscal note.                                                                    
                                                                                                                                
SENATOR DAVIS objected.                                                                                                         
                                                                                                                                
A roll  call vote  was taken. SENATORS  GREEN, WILKEN,  and DYSON                                                               
voted yea; SENATOR  DAVIS voted nay; and CSSB  30(HES) moved from                                                               
committee.                                                                                                                      

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