Legislature(2001 - 2002)
04/27/2001 01:10 PM House JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 160 - REPORTING OF ABORTIONS Number 2180 CHAIR ROKEBERG announced that the next order of business would be HOUSE BILL NO. 160, "An Act requiring the reporting of induced terminations of pregnancies." [Before the committee was CSHB 160(HES).] Number 2193 REPRESENTATIVE COGHILL, as the sponsor of HB 160, explained that HB 160 would put in place a reporting system for the termination of pregnancies. The Vital Statistics section of the Division of Public Health (DPH) will be responsible for providing an annual report regarding how many abortions are performed. He noted that the reporting will be done according to national standards, and that the information will remain secure. He mentioned that he has no objections to a forthcoming amendment that would ensure that confidentiality be maintained. He added that the Alaska Civil Liberties Union (AkCLU) supports HB 160. REPRESENTATIVE BERKOWITZ asked whether any other medical procedures are reported. Number 2271 DANIELLE SERINO, Staff to Representative John Coghill, Alaska State Legislature, sponsor of HB 160, explained that births, deaths, fetal deaths, marriages, and divorces are reported. She added that sexually transmitted diseases (STDs), any forms of cancer, tuberculosis, and a number other diseases are also reported by doctors. REPRESENTATIVE COGHILL noted that the concept of recording and reporting abortions is not "precedent setting." CHAIR ROKEBERG closed the public hearing on HB 160. Number 2349 CHAIR ROKEBERG made a motion to adopt Amendment 1, which read: Page 2, line 11, following "section": Insert ", except that the statistical report may not identify or give information that can be used to identify the name of any physician who performed an induced termination of pregnancy, the name of any facility in which an induced termination of pregnancy occurred, or the name of the municipality or community in which the induced termination of pregnancy occurred." Page 2, following line 21: Insert a new bill section to read: "*Sec. 2. AS 18.50.310(a) is amended to read: (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it is unlawful for a person to permit inspection of [,] or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of a record, except as provided by this section or as authorized by regulations issued under this chapter. Regulations issued under this chapter may not authorize inspection, disclosure, or copying of all or part of any report or record received under AS 18.50.245, except that the statistical report prepared under AS 18.50.245(d) may be copied and distributed." Renumber the following bill sections accordingly. CHAIR ROKEBERG explained that he is offering Amendment 1 because he has concerns about the potential for misuse of information related to doctors, health clinics, and hospitals; Amendment 1 is intended to strictly prohibit any information other than the final report from becoming a matter of public record. Number 2382 AL ZANGRI, Chief, Vital Statistics, Division of Public Health (DPH), Department of Health & Social Services (DHSS), noted that he has not yet reviewed Amendment 1. REPRESENTATIVE BERKOWITZ asked whether the reporting of medical procedures is done through Vital Statistics or some other entity. MR. ZANGRI explained that Vital Statistics receives medical reports on births, deaths, marriages, divorces, and fetal deaths. Other kinds of medical procedures or medical conditions such as HIV (human immunodeficiency virus) and tuberculosis are reported to the DPH's Epidemiology Section. REPRESENTATIVE BERKOWITZ asked Representative Coghill why he opted not to go through the latter route of reporting with HB 160. REPRESENTATIVE COGHILL said that because fetal deaths are reported through Vital Statistics, he and department representatives agreed that it would be appropriate to handle abortion reporting in the same manner. REPRESENTATIVE BERKOWITZ noted that the [Epidemiology Section] is already accustomed to handling confidential medical information. MR. ZANGRI countered that Vital Statistics also handles confidential medical information. He added that there are only four other states that do not have mandatory reporting of induced terminations of pregnancy, and in all of those states that do report them, with the exception of one or two, that information is reported through Vital Statistics. TAPE 01-76, SIDE B Number 2466 REPRESENTATIVE COGHILL asked Mr. Zangri to comment on whether Amendment 1 is actually needed. MR. ZANGRI said that vital statistics records are prohibited from inspection for a specific period of time, by record. There is nothing in current statute that defines an induced termination of pregnancy as a vital statistic record; in the absence of such a definition, he said, Amendment 1 is needed and will be very helpful. REPRESENTATIVE COGHILL reiterated that he has no objection to Amendment 1. CHAIR ROKEBERG asked whether Amendment 1 would have any impact on other [confidential] information, or create any unintended consequences for Vital Statistics. MR. ZANGRI said it might create some problems; other areas in AS 18.50 permit disclosure of birth records after 100 years, and death, marriage, and divorce records after 50 years. He noted that Vital Statistics permits inspection of other vital records for various purposes as well. REPRESENTATIVE COGHILL surmised that if any regulations have to be created in order to comply with the requirements of HB 160, the intent of Amendment 1 is to protect information pertaining to induced termination of pregnancies. Number 2350 CHAIR ROKEBERG asked whether there were any objections to Amendment 1. There being no objection, Amendment 1 was adopted. REPRESENTATIVE BERKOWITZ stated that he is incredibly concerned about privacy and the safety of people; it is absolutely imperative that this information receive the most stringent protection possible. He noted that he has received complaints that Vital Statistics has released information to agencies without authorization. Should information pertaining to induced termination of pregnancies be released in a similar fashion, he said he would view it as the most egregious type of abuse of personal privacy. If he ever hears of any instance of such an abuse, he warned, he would expect the legislature to revisit this issue. The more "sideboards" put around HB 160, the better, he added. REPRESENTATIVE COGHILL said he did not want to elevate this type of information above other types of sensitive information. He noted that he has not heard of any breaks in confidentiality. Number 2240 REPRESENTATIVE JAMES moved to report CSHB 160(HES), as amended, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, CSHB 160(JUD) was reported from the House Judiciary Standing Committee.
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