Legislature(2003 - 2004)

05/03/2003 09:12 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         SB  30-ABORTION: INFORMED CONSENT; INFORMATION                                                                     
                                                                                                                                
CHAIR SEEKINS announced SB 30 to be up for consideration.                                                                       
                                                                                                                                
MS.  KAREN VOSBURGH,  Executive Director,  Alaska Right  To Life,                                                               
said people  need this information  about potential  physical and                                                               
psychological damage that is incurred  by abortion. She read from                                                               
a report from the Gerber  Institute in Toronto Canada saying that                                                               
abortion complications are seriously underreported.                                                                             
                                                                                                                                
CHAIR SEEKINS asked her to submit  her testimony to his office by                                                               
fax.                                                                                                                            
                                                                                                                                
MS. MARY ROSS,  Nurse/Midwife, said she opposed SB  30 because it                                                               
presented  another  hurdle  to   abortion,  which  is  a  woman's                                                               
constitutional   right.   The   requirement  to   get   extensive                                                               
counseling  is   belittling  to  an  intelligent   woman  and  an                                                               
infringement  on  privacy. In  her  experience  with women,  this                                                               
decision is never  taken lightly. Many times,  it's difficult for                                                               
a  pregnant teen  to talk  to her  parents and  she might  get an                                                               
illegal abortion,  which could lead  to her getting  an infection                                                               
or worse.  She said this  not only places burdens  on physicians,                                                               
but  places limits  on the  professional scope  of practice.  The                                                               
right to  abortion is  a matter of  privacy and  a constitutional                                                               
right that was decided by the  Supreme Court of the United States                                                               
of America.  Moral judgment that  seems to  be in this  bill does                                                               
not have a role to play in the laws of the land.                                                                                
                                                                                                                                
TAPE 03-35, SIDE B                                                                                                            
                                                                                                                              
CHAIR SEEKINS  asked if  this was an  official position  taken by                                                               
the Nurse's Association  and if she could fax them  a copy of the                                                               
resolution. She said she would get that to them.                                                                                
                                                                                                                                
MS.  CASSANDRA  JOHNSON-BLACKBIRD,  Anchorage  mother,  said  she                                                               
didn't  think  her  reproductive   health  history  is  anybody's                                                               
business.  She  did not  think  that  all  negative things  in  a                                                               
woman's  life  could  be  linked to  abortion.  She  related  her                                                               
personal story about  her decision process in  having an abortion                                                               
- after which she felt an  "overwhelming sense of relief." She is                                                               
married now  and has two  children; she considers  herself happy,                                                               
productive and successful.                                                                                                      
                                                                                                                                
MS. PAULINE  UTTER, Anchorage  grandmother, said  she has  had an                                                               
abortion and  three children. She  stated that 90 percent  of all                                                               
pregnancies are  unintended and  50 percent of  all women  in the                                                               
United States have had abortions.  She can't believe we are still                                                               
discussing this issue;  she also couldn't believe  that all those                                                               
women are psychologically damaged by  the fact that they have had                                                               
an abortion.  If there is  information provided on  the Internet,                                                               
she  requested that  it  is accurate  and  doesn't use  emotional                                                               
phrases like  "unborn child," but rather  medically correct terms                                                               
like  fetal   development.  It   should  also   provide  accurate                                                               
information  about  the  amount  of money  women  can  expect  to                                                               
receive if  she has a child  out of wedlock and  what will happen                                                               
to her earning capabilities.                                                                                                    
                                                                                                                                
SENATOR OGAN asked her if it  was accurate that 50 percent of all                                                               
women in the U.S. have abortions.                                                                                               
                                                                                                                                
MS. UTTER replied that it is accurate.                                                                                          
                                                                                                                                
SENATOR OGAN asked her if  she felt that pro-choice people should                                                               
make an informed  choice. He felt that people  making this choice                                                               
should have all the information.                                                                                                
                                                                                                                                
MS.  HUNTER   replied,  "Are  you   suggesting  that   we  aren't                                                               
informed?"                                                                                                                      
                                                                                                                                
SENATOR  THERRIAULT remarked  that some  people suggest  that the                                                               
information is  slanted and  he felt  that a  website run  by the                                                               
state would have accurate medical information.                                                                                  
                                                                                                                                
MS.  HUNTER replied  post abortion  counseling  and services  are                                                               
biased.                                                                                                                         
                                                                                                                                
SENATOR  DYSON  inserted that  "foetus"  is  the Latin  word  for                                                               
unborn child  and they are  trying to provide for  translation of                                                               
this information into various languages.                                                                                        
                                                                                                                                
MS. THEDA  PITTMAN, Anchorage resident,  opposed SB 30,  but said                                                               
she  supports efforts  to  reduce the  number  of abortions.  She                                                               
thought  SB  30 was  poor  public  policy,  because it  does  not                                                               
adequately document the state's interest in this matter.                                                                        
                                                                                                                                
     It  treats pregnancies  and  abortions  as though  they                                                                    
     were uniform events from woman  to woman from beginning                                                                    
     to end. It would be a  better position for the state to                                                                    
     focus  on   the  process  of  unplanned   and  unwanted                                                                    
     pregnancies. The  worst of these,  I believe,  are rape                                                                    
     and incest.                                                                                                                
                                                                                                                                
MS.  PITMAN   noted  that   sometimes  contraceptives   fail  and                                                               
sometimes  there are  reasons they  cannot be  used at  all, like                                                               
lack  of  health  insurance  or   the  inability  to  afford  the                                                               
contraceptive or poor judgment.                                                                                                 
                                                                                                                                
She supported Senator Dyson's comment  about adult men having sex                                                               
with minor females, but said  it disturbs her that these problems                                                               
are approached from  the perspective of trying to  fix the woman.                                                               
In reality, in  an overwhelming number of cases, it  is the woman                                                               
who will have to feed, cloth,  shelter and care for the child 365                                                               
days  a year  for  18 years  or more.  And,  while she  applauded                                                               
fathers who shared the costs and  the actual work, that isn't the                                                               
norm, yet.  She preferred  that pregnant women  were not  told to                                                               
believe that is the case.  She felt that abortions would continue                                                               
whether  or not  this  bill passed,  but she  felt  there was  no                                                               
better place  than the  Judiciary Committee to  say that  this is                                                               
not the standard or spirit of law.                                                                                              
                                                                                                                                
DR. BOB  JOHNSON said  he has  been a resident  of Alaska  for 65                                                               
years and  he performed  approximately 70  abortions per  year in                                                               
the  last 10  years  of his  practice. He  is  familiar with  the                                                               
procedure  and  with  the  women who  request  it.  He  practiced                                                               
medicine before  abortion was  legal and  saw many  children born                                                               
into families  where they weren't  wanted, couldn't  be afforded,                                                               
belonged  to single  mothers  who were  the  offspring of  single                                                               
mothers, many of whom were on  welfare. If those children grew up                                                               
satisfactorily, they were often wards  of the state. Many of them                                                               
did not grow up satisfactorily and  were his patients as well. He                                                               
had patients plead with him  to terminate their pregnancy. Out of                                                               
his  700  patients,  only  two had  post  abortion  depression  -                                                               
considerably less than  those who had post  partum depression. He                                                               
never   had  a   complication   with  a   mother  that   required                                                               
intervention; there  were no  maternal deaths  and no  blood loss                                                               
that required transfusions. There were no infections.                                                                           
                                                                                                                                
DR. JOHNSON  said he thought this  law was a mistake  and that it                                                               
intrudes upon the privacy of  women. Some women sought counseling                                                               
at  a  crisis   center  and  were  made  to   feel  guilty  about                                                               
considering  abortion.  He  felt  that if  there  was  depression                                                               
associated  with abortion  that  it came  from the  right-to-life                                                               
people attaching so much guilt to it with their comments.                                                                       
                                                                                                                                
He also was very concerned about  what might occur on an Internet                                                               
site. His experience  is that many of the  complications that are                                                               
mentioned are  influenced by  those who believe  this is  an evil                                                               
concept and feel  it is their responsibility  to discourage women                                                               
from making  the choice. They  emphasize out of  proportion often                                                               
what the complications  are and their severity, as  well as their                                                               
frequency. He  felt that having a  law dictate what a  doctor has                                                               
to tell his patients is out of line.                                                                                            
                                                                                                                                
SENATOR THERRIAULT  pointed out  that language  in the  bill says                                                               
that only  unbiased objective information should  be provided. He                                                               
asked  if  the  doctor  is  required  by  law  to  provide  basic                                                               
information about possible complications and their frequency.                                                                   
                                                                                                                                
DR. JOHNSON replied  that his point is that he  doesn't trust the                                                               
Legislature to have  accurate information and he  didn't think it                                                               
was a  legislator's responsibility  to decide what  information a                                                               
patient should have; it's the  woman's decision. Some women don't                                                               
want to  know what the  fetus looks like  every two weeks  and he                                                               
wasn't sure it  was necessary that they do.  Doctors already have                                                               
to   be  responsible   for   giving   their  patients   objective                                                               
information on which  to base their decisions.  They are required                                                               
to discuss the possible complications of any procedure.                                                                         
                                                                                                                                
SENATOR  THERRIAULT   asked  if  the  government   dictates  what                                                               
information needs to be in other health pamphlets.                                                                              
                                                                                                                                
DR.  JOHNSON replied  that the  Department of  Health gives  them                                                               
information on immunization.                                                                                                    
                                                                                                                                
SENATOR THERRIAULT asked  how that is any different  than what is                                                               
being requested here.                                                                                                           
                                                                                                                                
DR. JOHNSON  replied that it  is quite different because  one has                                                               
to do with a woman's choice about  what to do with her life while                                                               
the vaccination is elective.                                                                                                    
                                                                                                                                
SENATOR THERRIAULT  responded that  his children  couldn't attend                                                               
school without vaccinations.                                                                                                    
                                                                                                                                
DR. JOHNSON said that is true.                                                                                                  
                                                                                                                                
CHAIR SEEKINS  pointed out that  adult consent is required  for a                                                               
minor child to get a vaccination, but not to get an abortion.                                                                   
                                                                                                                                
DR. JOHNSON replied that the  reason vaccinations are required is                                                               
that the  larger community is at  risk. In the case  of abortion,                                                               
it is an  individual decision and the larger community  is not at                                                               
risk on the basis of the woman's decision.                                                                                      
                                                                                                                                
10:25 a.m.                                                                                                                      
                                                                                                                                
SENATOR DYSON  asked if  he could infer  from his  testimony that                                                               
there  are  no human  rights  considerations  that public  policy                                                               
makers should take  into account when dealing  with abortion. Roe                                                               
v. Wade  said that the  state has  an increasing interest  in the                                                               
life of a child with its viability.                                                                                             
                                                                                                                                
DR. JOHNSON  replied that their  consideration of the  embryo and                                                               
the  fetus as  being an  unborn child  capable of  behaving as  a                                                               
human being is inaccurate. "A child  is a potential child, but so                                                               
is every child that is not  conceived because of the use of birth                                                               
control.... I  feel a  fetus is  not an  individual and  does not                                                               
have  even  all  its  parts  together, yet;  is  not  capable  of                                                               
rational  thinking, is  not capable  of anything  other than  the                                                               
most basic  responses to  perhaps pain or  noise.... It's  not an                                                               
individual, particularly in the first trimester..."                                                                             
                                                                                                                                
SENATOR DYSON asked  if a woman should be able  to decide to have                                                               
an abortion based simply on the fact that it's not wanted.                                                                      
                                                                                                                                
DR. JOHNSON replied, "Of course."                                                                                               
                                                                                                                                
MS.  JENNIFER  RUDINGER,  Executive   Director,  ACLU,  said  she                                                               
submitted  written  testimony,  but  she  wanted  to  notice  the                                                               
committee  that   the  ACLU  has   serious  concerns   about  the                                                               
constitutionality of  SB 30  since it  imposes restrictions  on a                                                               
woman's right to  choose, only if she is choosing  to terminate a                                                               
pregnancy. Those  restrictions are not  placed on a woman  who is                                                               
carrying her pregnancy to term.  Carrying a pregnancy to term may                                                               
be against a doctor's advice or  pose a health risk, but they are                                                               
not being  sent home to  think it over  for 24 hours  before they                                                               
consent  to  getting prenatal  health  care.  She felt  that  the                                                               
spirit of  the bill is biased  because it is limited  to only one                                                               
surgical procedure,  even though  it is statistically  safer than                                                               
pregnancy and delivery. Women would  receive information that may                                                               
not be relevant to their  particular circumstances and would have                                                               
to go  home and think it  over - the implication  being that they                                                               
might not really know what they are doing.                                                                                      
                                                                                                                                
She would defer  to doctors on this point, but  she has been told                                                               
that the definition  of gestational age on page 3,  lines 30 - 31                                                               
is  medically  questionable.  Also,  on lines  9  -  10  language                                                               
discussing  a  fetus' survival  at  various  gestational ages  is                                                               
something  people in  the medical  field do  not agree  upon. She                                                               
thought it  would be  difficult to  come up  with language  for a                                                               
website on the issue.                                                                                                           
                                                                                                                                
The waiting  period in SB  30 is a  burden that is  being imposed                                                               
only on women exercising their  right to choose in one particular                                                               
manner with  which the sponsor of  the bill disagrees. It  is not                                                               
imposed on  any one having  another surgical procedure.  She felt                                                               
that abortion is being singled out for particular restrictions.                                                                 
                                                                                                                                
Planned  Parenthood v.  Casey  established  minimal standards  of                                                               
what  the government  cannot  do in  terms  of restricting  civil                                                               
liberties, but  it doesn't  set the ceiling.  States can  go even                                                               
farther in protecting individual  rights from being restricted by                                                               
the  government. Most  states  do go  farther  in many  different                                                               
contexts.                                                                                                                       
                                                                                                                                
The Alaska  Constitution has a right  to privacy and only  six or                                                               
seven other states have that.  The Alaska Supreme Court has found                                                               
that the  right to privacy  protects a woman's  fundamental right                                                               
to make health care decision  concerning her reproductive system.                                                               
There is  also an  equal protection issue  here, too,  because if                                                               
you have  two similarly pregnant women,  one does not have  to be                                                               
subject  to a  waiting period  before she  can be  given informed                                                               
consent medical care.  The other woman, who  chooses to terminate                                                               
her  pregnancy has  to  wait  24-hours or  more  before she  gets                                                               
medical   treatment.  The   state  has   to  show   a  compelling                                                               
governmental interest in treating them differently.                                                                             
                                                                                                                                
DR. CAROLYN  BROWN said  she already faxed  her testimony  to the                                                               
committee.  She said  SB 30  will in  no way  provide appropriate                                                               
information and services available  to pregnant women as outlined                                                               
in  the   bill  nor  will   it  provide  access   to  appropriate                                                               
information for  pregnant women or  providers who have  no access                                                               
to the  Internet and no  computer services.  It is not  known who                                                               
will  elect to  have an  abortion beforehand  and only  after the                                                               
decision is made, is a  woman subject to the required information                                                               
and  24-hour waiting  period. She  viewed this  as an  attempt by                                                               
ultra conservatives to have a  state funded program promote their                                                               
own reproductive agenda.  Further, she said, the  fiscal note for                                                               
providing the  information is incomplete and  the requirement for                                                               
informed consent  is already obtained  from within the  Bureau of                                                               
Vital  Statistics. So,  that is  another waste  of state  general                                                               
fund resources.                                                                                                                 
                                                                                                                                
SENATOR  OGAN asked  if she  felt that  retaining a  copy in  the                                                               
physician's file is incorrect and that it is the patient's file.                                                                
                                                                                                                                
DR. BROWN replied that was her belief.                                                                                          
                                                                                                                                
SENATOR OGAN  said he  would probably  introduce an  amendment to                                                               
correct that language.                                                                                                          
                                                                                                                                
MS.  DEBBIE  JOSLIN  used  an   analogy  of  her  husband  having                                                               
cataracts and declining to have  surgery as an example of another                                                               
procedure that required informed consent.                                                                                       
                                                                                                                                
TAPE 03-36, SIDE A                                                                                                            
                                                                                                                                
CHAIR SEEKINS closed the public testimony.                                                                                      
                                                                                                                                
SENATOR   OGAN  motioned   to  adopt   an  amendment   to  delete                                                               
"physician's"  and  insert "patient's"  on  page  6, line  1.  He                                                               
explained  that  a patient's  files  are  kept in  a  physician's                                                               
office. There was no objection and it was so ordered.                                                                           
                                                                                                                                
SENATOR  OGAN motioned  to pass  CSSB 30(JUD)  with the  attached                                                               
fiscal notes  from committee with individual  recommendations and                                                               
asked for  unanimous consent. There  was no objection and  it was                                                               
so ordered.                                                                                                                     

Document Name Date/Time Subjects