Legislature(1993 - 1994)
03/15/1993 03:00 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
March 15, 1993
3:00 p.m.
MEMBERS PRESENT
Rep. Cynthia Toohey, Co-Chair
Rep. Con Bunde, Co-Chair
Rep. Gary Davis, Vice Chair
Rep. Al Vezey
Rep. Pete Kott
Rep. Harley Olberg
Rep. Bettye Davis
Rep. Irene Nicholia
Rep. Tom Brice
MEMBERS ABSENT
None
COMMITTEE CALENDAR
*HB 154: "An Act establishing a woman's right to know
certain medical facts related to the woman's
safety before an abortion is performed."
HEARD AND HELD
*HB 128: "An Act relating to early acknowledgement of
paternity for the child of an unmarried mother."
NOT HEARD
HB 30: "An Act amending the definition of `municipality'
for purposes of the human services matching grant
program."
NOT HEARD
(* First public hearing.)
WITNESS REGISTER
LAURIE CHRISTENSON
P.O. Box 4123
Homer, Alaska 99603
Phone: (907) 235-5915
Position Statement: Testified in favor of HB 154
MEL PUCKETT, Pastor
Tok First Baptist Church
P.O. Box 37
Tok, Alaska 99780
Phone: (907) 883-2953
Position Statement: Testified in favor of HB 154
DR. CLARICE DUKEMINIER
1905 Cowles
Fairbanks, Alaska 99701
Phone: (907) 456-3139
Position Statement: Testified in opposition to HB 154
MARTHA CLARK
3030 Bettles Bay Loop
Anchorage, Alaska 99515
Phone: (907) 344-1323
Position Statement: Testified in favor of HB 154
SANDOR MANYOKY
3900 E. 112th Ave.
Anchorage, Alaska 99516
Phone: (907) 344-4108
Position Statement: Testified in favor of HB 154
LEANN MCCAUGHEY
P.O. Box 8642
Nikiski, Alaska 99635
Phone: (907) 776-5687
Position Statement: Testified in favor of HB 154
JOYCE MOLDENHAUER
P.O. Box 595
Sterling, Alaska 99672
Phone: (907) 262-9319
Position Statement: Testified in favor of HB 154
MARY SOLTIS
615 Degroff
Sitka, Alaska 99835
Phone: (907) 747-5624
Position Statement: Testified in favor of HB 154
ALICE YOUNG
Respect for Human Life
P.O. Box 6161
Sitka, Alaska 99835
Phone: (907) 747-5155
Position Statement: Testified in favor of HB 154
DANIEL J. DAVIS
P.O. Box 1285
Delta Junction, Alaska 99737
Phone: (907) 895-4190
Position Statement: Testified in favor of HB 154
MICHAEL RAWALT
P.O. Box 823
Delta Junction, Alaska 99737
Phone: (907) 895-1946
Position Statement: Testified in favor of HB 154
DEBRA JOSLIN
P.O. Box 138
Delta Junction, Alaska 99737
Phone: (907) 895-4565
Position Statement: Testified in favor of HB 154
DEBORAH MORRIS
P.O. Box 304
Kenai, Alaska 99611
Phone: (907) 283-8459
Position Statement: Testified in favor of HB 154
BETTIE L. DAVIS
P.O. Box 395
Clam Gulch, Alaska 99568
Phone: (907) 262-5124
Position Statement: Testified in favor of HB 154
GLENDA STRAUBE
1318 N St.
Anchorage, Alaska 99501
Phone: (907) 278-0840
Position Statement: Testified in opposition to HB 154
ELIZABETH CURREY
P.O. Box 90909
Anchorage, Alaska 99509
Phone: (907) 258-0123
Position Statement: Testified in favor of HB 154
EILEEN BECKER
P.O. Box 109
Homer, Alaska 99603
Phone: (907) 235-7526
Position Statement: Testified in favor of HB 154
MARTHA RESETARITS
P.O. Box 3063
Homer, Alaska 99603
Phone: (907) 235-6413
Position Statement: Testified in favor of HB 154
STEPHANIE VIERIA
611 Biorka St.
Sitka, Alaska 99835
Phone: (907) 747-3698
Position Statement: Testified in favor of HB 154
SUSAN MANYOKY
3900 E 112th Ave.
Anchorage, Alaska 99516
Phone: (907) 344-4108
Position Statement: Testified in favor of HB 154
REP. TERRY MARTIN
Alaska State Legislature
State Capitol, Room 411
Juneau, Alaska 99801
Phone: (907) 465-3783
Position Statement: Testified in favor of HB 154
RUTH LISTER, Member
Interior Alaska Women's Political Caucus
1290 Jones Road
Fairbanks, Alaska 99709
Phone: (907) 455-6886
Position Statement: Testified in opposition to HB 154
KRIS GROSE
Interior Alaska Right to Life
1111 Elizabeth St.
Fairbanks, Alaska 99709
Phone: (907) 455-6886
Position Statement: Testified in favor of HB 154
DUANE CHRISTENSON
P.O. Box 4123
Homer, Alaska 99603
Phone: (907) 235-5915
Position Statement: Testified in favor of HB 154
IDA BARNACK, President
Alaskans for Life, Inc.
8292 Garnet St.
Juneau, Alaska 99801
Phone: (907) 465-4531 work
Phone: (907) 789-9622 home
Position Statement: Testified in favor of HB 154
JOAN HEIDERSDORF
P.O. Box 020658
Juneau, Alaska 99802
Phone: (907) 789-9858
Position Statement: Testified in favor of HB 154
JUDY CAVANAUGH
Juneau Coalition for Pro-Choice
510 Third St.
Juneau, Alaska 99801
Phone: (907) 586-8447 work
Phone: (907) 463-3367
Position Statement: Testified in opposition to HB 154
SANDY SPARGO
965 Goldbelt
Juneau, Alaska 99801
Position Statement: Testified in favor of HB 154
PREVIOUS ACTION
BILL: HB 154
SHORT TITLE: INFORMED CONSENT BEFORE ABORTIONS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) KOTT,Green,Martin,Sanders
TITLE: "An Act establishing a woman's right to know certain
medical facts related to the woman's safety before an
abortion is performed."
JRN-DATE JRN-PG ACTION
02/15/93 345 (H) READ THE FIRST TIME/REFERRAL(S)
02/15/93 346 (H) HES, JUDICIARY
02/17/93 372 (H) COSPONSOR(S): SANDERS
03/15/93 (H) HES AT 03:00 PM CAPITOL 106
BILL: HB 128
SHORT TITLE: EARLY ACKNOWLEDGEMENT OF PATERNITY
BILL VERSION: SSHB 128
SPONSOR(S): REPRESENTATIVE(S) B.DAVIS,Toohey
TITLE: "An Act relating to early acknowledgement of
paternity for the child of an unmarried mother."
JRN-DATE JRN-PG ACTION
02/05/93 235 (H) READ THE FIRST TIME/REFERRAL(S)
02/05/93 235 (H) HES, JUDICIARY, FINANCE
03/08/93 569 (H) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
03/08/93 569 (H) HES, JUDICIARY, FINANCE
03/15/93 (H) HES AT 03:00 PM CAPITOL 106
BILL: HB 30
SHORT TITLE: HUMAN SERVICES MATCHING GRANTS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S)BRICE, Sitton, Therriault,
Davies, James
TITLE: "An Act amending the definition of `municipality' for
purposes of the human services community matching grant
program."
JRN-DATE JRN-PG ACTION
01/04/93 32 (H) PREFILE RELEASED
01/11/93 32 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 32 (H) CRA, HES, FINANCE
01/15/93 92 (H) COSPONSOR(S): DAVIES, JAMES
02/09/93 (H) CRA AT 01:00 PM CAPITOL 124
02/09/93 (H) MINUTE(CRA)
02/10/93 284 (H) CRA RPT CS(CRA) 5DP 2NR
02/10/93 284 (H) DP: BUNDE,DAVIES,WILLIS,
TOOHEY,OLBERG
02/10/93 284 (H) NR: SANDERS, WILLIAMS
02/10/93 284 (H) -2 ZERO FNS (DCRA,DHSS) 2/10/93
02/10/93 285 (H) REFERRED TO HES
02/22/93 (H) HES AT 03:00 PM CAPITOL 106
03/15/93 (H) HES AT 03:00 PM CAPITOL 106
ACTION NARRATIVE
TAPE 93-35, SIDE A
Number 000
CHAIR TOOHEY called the meeting to order at 3:08 p.m., noted
members present, and announced the calendar. She said the
meeting was being teleconferenced to Kenai-Soldotna, Tok,
Delta Junction, and Homer. She also noted that testimony
would be limited to two minutes in order to accommodate the
large number of people hoping to testify.
(Rep. Nicholia arrived at 3:10 p.m.)
HB 154 - INFORMED CONSENT BEFORE ABORTION
Number 055
REP. PETE KOTT spoke as PRIME SPONSOR of HB 154. He said
the bill was not an anti-abortion bill and asked members to
lay aside any preconceptions about the bill they might have
had. He said HB 154 was a pro-woman, women-empowering bill
designed to protect women when they are most vulnerable, in
crisis pregnancies. He said the state has an interest in
making sure that women make informed decisions on abortion,
and to receive their information from physicians.
REP. KOTT said the bill should please the pro-choice camp,
because it assures that decisions on a potentially dangerous
operation are made with full understanding of their
implications. He said that possibly as many as 90 percent
of abortions in Alaska are done in clinics, which rely
financially on the practice and which therefore might not
provide full information on the procedures. He said the
bill would enhance the physician-patient relationship by
requiring a doctor to meet at least once to discuss abortion
with a woman patient. He noted a 1987 American Medical
Association (AMA) policy statement supporting informed
consent for medical procedures. He said the Alaska
administrative codes' requirement for informed consent
before abortion are inadequate because they are not in
statute, and because they do not require the actual
physician performing the procedure to provide the
information.
REP. KOTT stated, "The decision to abort is an important
one, a decision that is very often stressful for the
patient. This makes it all the more desirable that the
decision be made with the full knowledge of both the nature
of abortion and its consequences, so a potentially life
changing decision is not made in haste. It is simply
essential to the psychological and physical well-being of a
woman considering an abortion that she receive complete and
accurate information from her doctor. This bill asserts
this imperative and makes it a matter of law. In closing, I
would like to again reiterate that this is not an anti-
abortion bill; there is no period of reflection. It is a
woman's empowerment bill."
REP. KOTT noted that 25 states have laws requiring informed
consent before abortions.
Number 165
REP. VEZEY questioned whether it was proper, given the
Department of Corrections' problems with prison
overcrowding, to make failure to comply with the informed
consent a misdemeanor, punishable by a year in prison and/or
a fine of $5,000.
REP. KOTT said that the penalty was meant as a deterrent to
encourage physicians to follow the law. He pointed out
results of a national survey he provided to members, which
claimed to show that 50 percent of women receiving abortions
had not been adequately informed about the abortion
procedure.
Number 193
REP. BUNDE noted the initials W.E.B.Y. on the survey, and
asked the source of the survey.
A WOMAN IN THE COMMITTEE ROOM answered that W.E.B.Y. stood
for "Women Exploited By Abortion."
Number 204
REP. BUNDE observed that the survey was not conducted by an
unbiased organization. He also noted the zero fiscal note
from the Department of Law and asked whether there would not
be an additional cost to the Department of Health and Social
Services, through Medicaid services, for the additional time
physicians would have to spend advising patients under the
bill.
REP. KOTT said that the funding of abortions through
Medicaid was still up in the air, and he did not believe the
bill would require doctors to spend more than five more
minutes with their patients. He said the bill was aimed at
preventing a "barbershop style of conducting business" in
which clinics dealt with women patients not as individuals,
but as numbers.
Number 220
REP. BUNDE asked whether HB 154 required a second visit to a
clinic.
REP. KOTT said, "We're talking about a woman coming to a
clinic seeking an abortion, and allowing for about five
minutes, I would imagine it wouldn't take any longer than
five minutes, to explain the circumstances surrounding
abortion as well as some alternatives."
REP. BUNDE said he would be surprised if it could be
discussed in five minutes, but said he understood Rep.
Kott's point about any fiscal note.
REP. KOTT said the Department of Health and Social Services
was asked about a fiscal note, but had responded that none
was necessary.
Number 232
REP. BRICE noted that HB 154 required a doctor to discuss
alternative treatments or procedures before the abortion,
and asked Rep. Kott if he was thereby implicitly supporting
the introduction of the abortifacient RU-486 into Alaska.
REP. KOTT said he neither supported nor opposed the
introduction of RU-486, but he would comment if and when it
became legal in the United States.
Number 244
CHAIR TOOHEY announced she would begin taking public
testimony.
LAURIE CHRISTENSON testified via teleconference from Homer
in support of HB 154. She said she had made a mistake in
getting an abortion, did not receive adequate information
beforehand, and hoped to discourage other women from making
an uninformed decision about abortion.
Number 274
MEL PUCKETT, PASTOR OF THE TOK FIRST BAPTIST CHURCH,
testified via teleconference from Tok in support of HB 154.
He asked that the bill be amended to require warnings to
women of the psychological harm they might experience
through an abortion. He said he has seen such harm in his
work as a counselor and therapist.
Number 292
DR. CLARICE DUKEMINIER, a physician who performs abortions,
testified via teleconference from Fairbanks in opposition to
HB 154. She said, "The proposed legislation is not only an
affront to my profession, but is also harassment and
unnecessary. Informed consent is the dialogue that a
physician or another health care professional and a patient
participate in prior to medical or surgical treatment. I
find it offensive and impossible indeed that legislation
would presume to outline that dialogue and then dictate
misdemeanor charges for failure to comply. Medical informed
consent, as already practiced, includes disclosure to the
patient of the nature, the alternatives and relevant risks
of any proposed procedure."
DR. DUKEMINIER took exception with the requirement that
physicians themselves deliver information orally. She said
that as most patients remember only 10 percent of oral
instructions, most physicians rely on written information.
She said doctors use nurses to counsel patients as a way to
save money and allow more time for patient questions. She
said the bill's reference to a fetus as an "unborn child"
was as inappropriate as referring to an adult person as an
"un-dead corpse." She said HB 154 required delineation of
the risks of carrying a child to term without stating those
risks, and that a doctor could conceivably face misdemeanor
charges for failure to mention all of the myriad of possible
risks. In summary, she said HB 154 was offensive and
unnecessary.
Number 332
REP. BUNDE asked Dr. Dukeminier to describe the procedure a
woman undergoing an abortion would follow at the doctor's
clinic.
DR. DUKEMINIER said such a woman would be given half an hour
to review written information about the procedure. She
would then spend 30 minutes to 45 minutes undergoing a
medical examination, medical history review, and counseling
with the doctor or a nurse practitioner concerning all the
issues required under informed consent. While the actual
abortion procedure takes an hour or more, she said, she
encouraged patients to return at least a day later for the
procedure. She said that more than 95 percent of her
patients returned the next day for the abortion procedure.
Number 369
REP. KOTT observed that Dr. Dukeminier was following prudent
and rational practice and was not a target of the bill. He
asked whether she would object to a bill requiring other
physicians, possibly not so conscientious, to meet minimum
standards. He also asked her to comment on the case of a
woman who entered an abortion clinic and left 45 minutes
later, the procedure completed.
DR. DUKEMINIER said she found that difficult to believe, as
it was improper to rush such a difficult decision. She said
she was insulted by the assumption that physicians
performing abortions were not professionals who did not
obtain informed consent. She also challenged Rep. Kott's
assertion that half of women were not adequately counseled
before their abortions, saying studies show patients do not
retain much of the information they are given.
Number 393
CHAIR TOOHEY noted for the record that Rep. Davidson had
arrived in the committee room and invited him to the
committee table; which he declined.
MARTHA CLARK testified via teleconference from Anchorage in
support of HB 154. She expressed disbelief at the lack of
mandatory full disclosure about abortion, and said women
have the right to full information. She said abortion
entails several risks, including sterilization or death, and
a doctor withholding any information about them from a woman
patient is guilty of sexual abuse. She favored the legal
penalties in the bill.
Number 424
SANDOR MANYOKY testified via teleconference from Anchorage
in support of HB 154. He said his mother had an abortion
and later cried about it. His said he supported doctors who
provided full information about surgical procedures, and
that women deserve informed consent to abortion.
LEANN MCCAUGHEY testified via teleconference from Nikiski in
support of HB 154, saying it will give women the tools
necessary to make an informed decision about abortion. She
wanted doctors to give patients information, both oral and
written, about abortion.
Number 455
JOYCE MOLDENHAUER testified via teleconference from Sterling
in support of HB 154. She read a news release from a doctor
at a New York college claiming women younger than 33 years
who had aborted their first pregnancy were at a greater risk
of breast cancer than other women. Her written testimony is
on file in the committee room.
Number 471
REP. BUNDE asked whether the cancer statistics included
women who later had live births.
MS. MOLDENHAUER answered yes.
MARY SOLTIS, a psychiatric nurse, testified via
teleconference from Kodiak in support of HB 154. She called
abortion a mechanical rape, after which the legislators and
care-givers go free, but the woman goes to an emotional
hell.
Number 503
REP. BUNDE asked Ms. Soltis if she felt that a women who had
received sufficient information before an abortion would
then choose not to go through with the procedure.
MS. SOLTIS she said her testimony was based on her
experience with mentally ill people who often have a history
of sexual abuse. She said 75 to 90 percent of her female
patients who had been sexually abused had had abortions.
She said she did not know if informed consent would
discourage abortion, but women suffer emotional pain after
realizing what they had done in getting an abortion.
Number 523
REP. BUNDE asked Ms. Soltis if she had counseled women who
gave informed consent but still suffered the regret of which
she spoke.
MS. SOLTIS said she could not answer as she had dealt only
with women who had not been informed and who felt guilty.
Number 530
ALICE YOUNG, of Respect for Human Life, testified via
teleconference from Sitka in support of HB 154.
Number 535
DANIEL J. DAVIS testified via teleconference from Delta
Junction in support of HB 154. He said all medical
procedures require informed consent, and the bill was a
women's safety and right-to-know bill that would protect
women from unethical treatment.
Number 560
REP. BUNDE asked Mr. Davis if he knew of clinics in Alaska
that encouraged women to have abortions but did not inform
women about the procedure.
MR. DAVIS answered that he did not know of any in Alaska.
Number 572
MICHAEL RAWALT testified via teleconference from Delta
Junction in support of HB 154. He said he could not
conceive of undergoing a medical procedure without knowing
the risks; that women have a right to know medical facts and
circumstances relating to procedures as serious as
abortions; and that the information should be available both
in writing and orally.
TAPE 93-35, SIDE A
Number 000
DEBRA JOSLIN testified via teleconference from Delta
Junction in support of HB 154, saying she had been treated
like a number when she went to an abortion clinic to
terminate her pregnancy. While the clinic was not in
Alaska, it could have been. She said women have a right to
know that abortion kills a baby. She said she was not told
how the abortion would affect her 20 years later, or that a
family would have adopted her baby.
Number 060
DEBORAH MORRIS testified via teleconference from Kenai in
support of HB 154. She stated, "Many women and people do
not know that the person in their womb is alive; they
believe it is a glob of tissue. They have a right to know
what the baby is, looks like, and what it's doing and how
it's growing. The risks involved to their bodies, minds and
their lives." She said she received medical information
before getting her wisdom teeth pulled, and believed women
needed such information before abortions.
BETTIE L. DAVIS testified via teleconference from Kenai in
support of HB 154, saying women needed information on
abortion before deciding whether to abort a pregnancy.
Number 112
GLENDA STRAUBE testified via teleconference from Anchorage
opposing HB 154, but supporting the principle of informed
consent prior to any medical procedure. She asked why the
sponsor of the bill had not recommended informed consent for
all potentially dangerous medical procedures, not just
abortion. She said she had an abortion and was told of the
possible repercussions, but had not experienced long-term
emotional problems. While not doubting the pain expressed
by women who had had abortions, she said she had also
experienced pain after giving up a child of hers for
adoption. She said no one had informed her prior to the
adoption that her child would later be sexually and
emotionally abused, and that it would cause her pain for
years. She asked why no one had proposed informed consent
before adoption. She questioned the real objective of
HB 154.
Number 145
REP. KOTT asked what other medical procedure performed in
clinics, where standards are lower than in hospitals, might
be more life-threatening than abortion.
Number 154
MS. STRAUBE said she had never seen proof that clinics are
more dangerous than hospitals. She said it was
inconceivable to put warnings into statute for all the
hundreds of procedures that might be more dangerous than
abortions, which she could not list, as she was not a
doctor.
Number 170
ELIZABETH CURREY testified via teleconference from Anchorage
in support of HB 154. She said she had had an abortion, and
described it as a frightening and lonely experience that
left her depressed. She said that God had forgiven her and
that her baby was in heaven.
(Rep. Brice departed at approximately 4:00 p.m.)
Number 226
EILEEN BECKER testified via teleconference from Homer in
support of HB 154. She said she had counseled women with
crisis pregnancies and said abortion creates problems for
women that take years to manifest themselves. She said
doctors make money from treating infertility brought on by
scarring caused by abortions. She said a state that enacted
a 24-hour waiting period saw a 50 percent drop in abortions.
She stated that the "selective bullying" going on across the
nation was bad and needed to stop, and that HB 154 was a
step in that procedure. She said women having abortions are
in denial about the nature of their fetuses, and that once
they knew more information, they change their opinions.
CHAIR TOOHEY reminded Ms. Becker of the two-minute limit on
testimony and asked her to conclude her testimony.
Number 277
REP. BUNDE asked Ms. Becker if she believed that informed
consent would reduce the trauma of abortion. He also asked
what she had meant by HB 154 being a step in the right
direction, and what else she would want to happen.
MS. BECKER responded, "Well, this is the beginning, I think,
of some other things that we need to see established, but I
really feel like this bill, as far as dealing with informed
consent, is really important." She went on to say that 80
percent of the women she had counseled and who had had
abortions were not given all the facts they needed to make a
good decision. She said that if women who were feeling lost
and alone were given the proper information before having an
abortion, they would "make the decision for life."
Number 311
MARTHA RESETARITS, A VOLUNTEER AT THE CRISIS PREGNANCY
CENTER IN HOMER, testified via teleconference from Homer in
support of HB 154. She said she had an abortion, got
minimum information, and still grieved over it. She said
many abortions would be averted if women were properly
informed.
CHAIR TOOHEY announced that there would not be enough time
to consider bills on the calendar other than HB 154.
Number 338
STEPHANIE VIERIA testified via teleconference from Sitka in
support of HB 154. She read a statement from VIRGINIA
PHILLIPS, an American Indian and Alaska Native spokesman for
the National Right to Life organization, which is on file in
the committee room. The statement described a woman's pain
during and after an abortion.
Number 354
CHAIR TOOHEY announced that the committee would hear
testimony by teleconference until 4:30 p.m., then take
testimony from those attending the meeting in person in
Juneau.
SUSAN MANYOKY testified via teleconference from Anchorage in
support of HB 154.
Number 379
REP. TERRY MARTIN testified in Juneau in support of HB 154.
He said that doctors should explain medical procedures to
women undergoing abortions, just as doctors explain the
possible long-term risks of other medical procedures. He
said he could not believe that Alaska women did not want to
be informed.
Number 412
REP. B. DAVIS asked Rep. Martin for supporting information
to buttress his claim that abortion was the only medical
procedure before which physicians were not required to
obtain informed consent.
REP. MARTIN offered to go to his office to get supporting
documents.
Number 429
REP. VEZEY asked for Rep. Martin to comment on the elements
in the bill making failure to comply a class A misdemeanor.
REP. MARTIN said he did not worry about the ramifications of
the punishment as much as the need to provide people with
information on the medical procedures they were about to
undergo.
Number 449
CHAIR TOOHEY invited those testifying to mail in their
testimony to the committee.
Number 453
RUTH LISTER, OF THE INTERIOR ALASKA WOMEN'S POLITICAL
CAUCUS, testified via teleconference from Fairbanks in
opposition to HB 154. She noted that abortion is a legal
right and HB 154 would make exercise of that right more
difficult and expensive. She said abortion opponents were
using informed consent as a ruse to dissuade women from
having abortions. She said the decision to abort or not is
a personal choice, and women can already ask for help or
information from whatever sources they choose. She said
doctors already provide information to their patients on any
medical procedure, and a new law just for abortion was
unnecessary.
Number 468
KRIS GROSE, OF THE INTERIOR ALASKA CHAPTER OF RIGHT TO LIFE,
testified via teleconference from Fairbanks in support of
HB 154. She suggested amendments to require doctors to
provide information on agencies providing alternatives to
abortion to require a 48-hour waiting period before
abortions, and to require parental notification and consent
for abortion with a court-mandated judicial bypass. She
said that someone other than a doctor should be required to
provide information to women seeking abortions, as the
physician performing an abortion has a conflict of interest.
(Rep. Vezey departed at 4:26 p.m.)
Number 485
DUANE CHRISTENSON testified via teleconference from Homer in
support of HB 154.
CHAIR TOOHEY closed off testimony from the teleconference
sites and asked people who had not had the chance to testify
to send their written testimony to the committee. He then
invited those in Juneau to testify.
Number 508
IDA BARNACK, PRESIDENT OF ALASKANS FOR LIFE, INC., testified
in Juneau in support of HB 154. She read a statement, which
is on file in the committee room, saying that women deserve
the same advance notice of the risks of an abortion as in
any medical procedure.
(Rep. Olberg departed at 4:30 p.m. Remaining committee
members at 4:30 p.m. were Reps. Nicholia, B. Davis, and
Toohey.)
JOAN HEIDERSDORF testified in Juneau in support of HB 154.
She said generic consent to a medical procedure is
insufficient in dealing with abortion, which can have grave
physical, psychological and emotional effects on a woman,
about which she must be informed before she can give
informed consent. She said women must be given information
about the age of their fetus and about alternatives to
abortion. She read from the survey conducted by Women
Exploited By Abortion.
TAPE 93-36, SIDE A
Number 000
JOAN HEIDERSDORF continued, saying pro-choice women should
all support HB 154. She added that she felt the committee
should hold additional hearings on the bill, given the
number of people testifying.
REP. BUNDE asked if the subjects of the survey had had their
abortions before the procedure was made legal.
MS. HEIDERSDORF said she believed that was the case.
JUDY CAVANAUGH, OF THE JUNEAU COALITION FOR PRO-CHOICE,
testified in Juneau in opposition to HB 154, saying the
coalition opposed the bill and urged the committee to oppose
it as well.
REP. KOTT asked Ms. Cavanaugh why her coalition did not
support the bill, as the American Medical Association and
Alaska code both supported informed consent.
MS. CAVANAUGH, speaking as a registered nurse, said
information was already given to women before their consent
to an abortion. She said informed consent is already a
standard practice.
Number 061
REP. KOTT asked if she would change her mind if a clinic was
not giving information prior to obtaining consent for an
abortion.
MS. CAVANAUGH said the issue was between a woman and her
physician. She said that if informed consent was not
obtained, then the physician involved would be the subject
of lawsuits, and she did not know of any such lawsuits.
Number 071
REP. KOTT said he knew that a great number of Alaska Natives
were flown into cities for abortions in clinics, and they
were not provided such information.
MS. CAVANAUGH repeated that this was a legal issue between
the women and the physicians.
Number 080
REP. NICHOLIA expressed disagreement with Rep. Kott's
previous comment, saying that Alaska Natives would not
undergo abortions without finding out what was happening to
them.
SANDY SPARGO testified in Juneau in support of HB 154,
saying she had not heard good reasons during testimony why
the bill should not be passed and why a woman would not want
to know the age of a fetus and her own dangers. She stated,
"I feel that there are women who feel themselves in a
crisis, and when you're under a mode of crisis, you do not
take into consideration at times your full mental power to
ask a doctor what the legal applications could be to an
abortion."
Number 120
REP. BUNDE supported the idea that a woman should have all
knowledge and information available to her. He asked if Ms.
Spargo believed that women did not have such information
available.
Number 130
MS. SPARGO said yes, and that Reps. Martin, Kott and Hanley
had information backing up that assertion.
REP. BUNDE asked whether Ms. Spargo believed that if women
had more information they would not choose abortion.
MS. SPARGO said she did not know, but she suspected that the
pro-choice camp might fear that fewer women would chose
abortion if provided more information about it.
Number 141
REP. BUNDE asked if there was any way of knowing whether
such information might make a woman who chose an abortion
feel better about the decision in 10 or 15 years.
MS. SPARGO said no. She added that a doctor was ideally
suited to providing information to a woman about the medical
risks of the procedure.
Number 160
CHAIR TOOHEY closed public testimony on the bill and invited
Rep. Kott to make a final statement.
REP. KOTT said that he had been challenged by those on both
sides of the abortion issue. He repeated his request to the
committee not to consider the bill as an impediment to a
woman's right to an abortion. He said it was an effort to
address the concerns of constituents that they had not
gotten enough information before undergoing abortions. He
said it was not an anti-woman bill at all.
Number 190
REP. B. DAVIS asked whether women had told him they had not
received enough information, or no information at all, prior
to their abortions.
REP. KOTT answered that there seemed to be no guidelines for
providing information at all, and a doctor had recommended
the guidelines contained in the bill as a minimum amount of
information to provide. He said he was appalled that
nurses, not doctors, provided important information to women
considering an abortion.
Number 210
REP. BUNDE said he understood the bill's intent, but did not
believe that the committee would "get there." He observed
that some women experience long-term psychological ill
effects from abortion, while others did not. He said he
wondered whether having been provided more information on
abortion would really make a difference in the level of
suffering some women felt years after their abortions. He
stated he did not know whether women could or could not
honestly disavow responsibility for choosing to have an
abortion, whether fully informed or not.
Number 241
REP. KOTT agreed that the legislators could not speculate on
such questions. He said they did have an obligation to
provide information to women, then leave it up to the women
to make what decision they will, and suffer whatever ill
feeling or psychological damage might occur. He said the
bill would neither restrict women nor advocate, but simply
provide information.
Number 249
REP. B. DAVIS asked Rep. Kott how the provisions in HB 154
would be enforced, how it would affect doctors, and why the
informed consent provision applied only to abortion and not
to other surgical procedures.
Number 262
REP. KOTT said the bill set out plainly the uniform
information that doctors had to provide. He said it would
be up to each physician to carry out the bill's provisions,
and if they did not, then it would be up to the patient to
report any failure to do so to the State Medical Board.
Number 271
CHAIR TOOHEY announced that testimony on HB 154 was closed,
and asked the will of the committee.
REP. G. DAVIS moved for adjournment.
CHAIR TOOHEY then ADJOURNED the meeting at approximately
5:05 p.m.
The following bills were not heard: HB 128 and HB 30.
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