Legislature(2001 - 2002)
04/21/2001 11:22 AM House HES
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 112-ABORTION: INFORMED CONSENT; INFORMATION CHAIR DYSON announced that the last order of business would be HOUSE BILL NO. 112, "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." Number 0218 SID HEIDERSDORF, Alaskans for Life, came forth and stated that [Alaskans for Life] supports HB 112 and recognizes that this does not restrict or limit abortion in any way. He said there is the objection of those opposed to this proposed legislation of, "Why single out abortion for special requirements?" He remarked that one of the ways to answer that is to ask, "Why is abortion the only invasive medical procedure for which people are not adequately informed?" He stated: It is well known that abortion counseling is a sham. The generic consent forms do not address the issue of the child in the womb. Many of them do not address specific problems associated with the abortion procedure. We are not talking about a tonsillectomy or some simple, little, innocent procedure; we're talking about a procedure which takes the life of a child and, consequently can years later lead to pain, regret, depression, [and] guilt. The main problem associated with that would be young girls who are not properly informed and they discover after the fact what it was that they really did. ... This is what leads to an awful lot of the post-abortion syndrome that is seen in our country today. It really is a sad commentary that we even have to discuss whether or not we should provide adequate information - complete information - for a woman contemplating an abortion. And I think that it's an indication of just how far askew we've gone in our society in the efforts to protect abortion in the eyes of many people. You will hear claims that women are already adequately informed. If that's the case, then there should be no objection to this legislation. However, anyone who's talked to women who've had abortions very quickly [discovers] that informed consent is not at all a practice in abortion. TAPE 01-49, SIDE A SID HEIDERSDORF continued, stating: ... [This legislation] is for those who are not adequately informed. If there are some that are adequately informed, that's good. But I will bet you that when people claim that they're adequately informed, the one central issue of abortion [that] will be ignored, or is ignored, ... has to do with the baby. And the baby is the reason that abortion is the issue it is. The baby is the reason that women suffer after the fact, in terms of the psychological impact. I think it is absolutely a necessity for the woman to be told about the gestational age and the development of the baby in order for anyone to claim that [she] is adequately informed. Number 0099 SID HEIDERSDORF read responses from a past director of four abortion clinics in Texas, who had been asked what type of counseling was offered at the clinics: In the clinics I was involved in, we didn't do any real counseling. We answered the questions the women asked and tried not to rock the boat. We did not discuss any alternatives to abortion unless the women forced us to. Each woman asks two questions: Is it a baby? Our response: No, it is a product of conception, blood clot, or glob of tissue. The second question: Will it hurt? [Our response]: No, you will feel a slight cramping sensation. Most women have had the cramps and lived through them, so women think the procedure must not be too painful. The counselor does try to determine the reason the woman wants the abortion, not so much to help as to use the fear to reinforce the abortion decision. SID HEIDERSDORF stated that it is almost as if people who are opposed to this legislation will believe the whole abortion edifice will collapse if a woman changes her mind when she gets the adequate information. He remarked that the present definition in the legislation of "informed consent" talks about a voluntary and knowing decision to undergo a specific procedure or treatment, based on the following information such as the description of the proposed treatment or procedure, or reasonably foreseeable complications. He remarked that it seems to him that no one can claim to be informed if this does not include the gestational age and the stage of development. He said he thinks that should be added to this definition of informed consent, because that is the crux of the problem. SID HEIDERSDORF summarized by stating that when it comes to the cost, he doesn't think the Department of Health & Social Services should have to spend a lot of money on developing a document. Number 0363 COLLEEN MURPHY, M.D., Obstetrician-Gynecologist, testified via teleconference. She stated that counter to the testimony provided by Mr. Heidersdorf, informed consent does occur. She said she has been working with the Alaska State Medical Association on a number of legislative bills and there is concern around the identification of a single surgical procedure requiring such elaborate detail. She noted that she is currently reviewing her medical malpractice providers, which clearly ask about the issue of termination of pregnancy and the provision of informed consent. She added that her current estimates range from $30,000 to $50,000 a year to provide obstetrician-gynecologist services in Alaska. The medical malpractice situation in the U.S. and the Medical Legal Fund currently treat medical providers very well. She stated that she does not think it is necessary for the committee to continue its efforts to improve informed consent. CHAIR DYSON asked if the Alaska [State] Medical Association has any standard procedures that delineate the information a surgeon or a physician is supposed to give to a patient. DR. MURPHY responded that that is basically determined by [the doctor's] specialty organization. The American College of Obstetrician-Gynecologist does have information on informed consent that doctors are advised to follow. Likewise, she said, the Medical Insurance Exchange in California also has information on informed consent. Number 0604 REPRESENTATIVE CISSNA said she would like to know what is required and what is said in the consent. DR. MURPHY stated that providers in every specialty are patient- orientated, and that is why [most] take on this profession. She added that in providing informed consent for this particular procedure, each patient is asked if she has considered the multiple options about continuing the pregnancy. [HB 112 was held over.]
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