Legislature(2001 - 2002)

04/03/2002 09:14 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE BILL NO. 91(HES)                                                                                             
     "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."                                                                                                     
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Senator Ward,  sponsor, testified this bill requires  the Department                                                            
of Health and Social Services  to develop an information booklet and                                                            
make it available to women  "contemplating" an abortion. He spoke to                                                            
actions  of  the  Senate   Health  Education  and  Social   Services                                                            
Committee related to this legislation.                                                                                          
                                                                                                                                
Senator  Ward commented that  Alaska's informed  consent process  is                                                            
not uniform. He  stated this bill would provide uniform  information                                                            
to those  receiving  services regardless  of their  location in  the                                                            
State.                                                                                                                          
                                                                                                                                
AT EASE 9:50 AM / 9:58 AM                                                                                                       
                                                                                                                                
BOB LYNN, President,  Alaska Right  to Life Alliance, testified  via                                                            
teleconference  from Anchorage  to urge the  Committee to pass  this                                                            
legislation.  He spoke  of the medical  procedure  and the need  for                                                            
informed  consent.  He  talked  about  the  financial   benefits  to                                                            
abortion providers  for performing the procedures  and asserted that                                                            
relying on these  providers to provide information  is a conflict of                                                            
interest.  He used an analogy  of real estate  transactions  and the                                                            
informed  consent requirements  in  that industry  and compared  the                                                            
health of a house to the health of a woman.                                                                                     
                                                                                                                                
VICTORIA  HALCRO, Director,  Public Affairs  and Marketing,  Planned                                                            
Parenthood  of Alaska, testified via  teleconference from  Anchorage                                                            
that Planned  Parenthood "does more  every day to prevent  abortions                                                            
than  any  other organization   in the  country."  She  stated  this                                                            
legislation  singles out one medical  procedure, which she  surmised                                                            
is  unethical, and  noted  the medical  profession  has established                                                             
methods for informing  patients about procedures.  She asserted that                                                            
the American College of  OB/GYN position is that there is no medical                                                            
basis supporting  statements  that a risk  of adverse psychological                                                             
effects related to abortions  exists. She continued that there is no                                                            
evidence that an abortion  causes any long-term psychological injury                                                            
and she  suggested there  could be long-term  psychological  effects                                                            
resulting from childbirth.  She opined the information that would be                                                            
contained in  the proposed pamphlet  would be presented in  a biased                                                            
manner with the intent  to discourage women from choosing to have an                                                            
abortion. She  predicted the pamphlet  would not contain  statements                                                            
indicating  that an abortion  is eight times  safer than carrying  a                                                            
pregnancy  to term,  nor would  it state that  first-term  trimester                                                            
abortion has a lower complication rate than any other surgery.                                                                  
                                                                                                                                
Senator Olson  asked the witness if her testimony  is that former US                                                            
Surgeon General,  C. Everett Koop,  found no psychological  risk for                                                            
women who have an abortion.                                                                                                     
                                                                                                                                
Ms. Halcro affirmed.                                                                                                            
                                                                                                                                
KAREN VOSBURGH, Executive  Director, Alaska Right to Life, testified                                                            
via teleconference from  Anchorage that, "informed consent is not as                                                            
much an abortion  issue as it is a woman's health  issue." She cited                                                            
a  three-year  Planned  Parenthood  study, which  found  that  post-                                                            
procedural  trauma  for  abortion  patients  could  be  as  high  91                                                            
percent.  She disagreed  that abortion  providers  present  adequate                                                            
information  about the procedure,  referencing  a study compiled  by                                                            
David  Reardon,  Director,  Elliot Institute  for  Social  Services,                                                            
whereby  80  percent  of surveyed  women  stated  they  were  denied                                                            
informed consent or were  actively misinformed prior to receiving an                                                            
abortion. She asserted  that women are entitled to know the physical                                                            
and psychological  risks that  could be incurred  from abortions  as                                                            
well as information  about fetal development. She  listed additional                                                            
findings in  Dr. Reardon's report:  abortion is four times  deadlier                                                            
than childbirth,  and that three to  five percent of women  who have                                                            
had  an abortion  are rendered  sterile.  She mentioned  a  Japanese                                                            
report that found  the rate of sterilization to be  nine percent; 14                                                            
percent suffered  from reoccurring  miscarriages; and a 400  percent                                                            
increase in ectopic pregnancies.  She also spoke of suicide attempts                                                            
and various complications  from abortions, including  increased risk                                                            
for breast  cancer.  She detailed  reports of  psychological  trauma                                                            
related to abortions.                                                                                                           
                                                                                                                                
Co-Chair  Kelly commented that  one of two  reporters left  the room                                                            
after hearing the testimony of Planned Parenthood.                                                                              
                                                                                                                                
ANNE HARRISON,  Registered Nurse and  Nurse Practitioner  of Women's                                                            
Health  Care,  and   Member,  State  Board  of  Planned   Parenthood                                                            
testified via teleconference from Fairbanks on her own behalf.                                                                  
                                                                                                                                
                                                                                                                                
SFC 02 # 47, Side B 10:15 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Ms.  Harrison detailed  her  experiences  in working  with  pregnant                                                            
women.  She asserted  this legislation  is unnecessary  because  the                                                            
health  care providers  give  adequate  information  of options  and                                                            
possible complications  to all pregnant  woman. She stated  the data                                                            
cited by the Right to Life  organization is inaccurate and distorted                                                            
and  focuses on  a small  incidence.  She predicted  an information                                                             
packet could not  be compiled to the satisfaction  of groups on both                                                            
sides of the issue. She  reminded this country is established on the                                                            
separation  of church and state and  urged the Committee  not impose                                                            
it's views, especially in areas it is not proficient.                                                                           
                                                                                                                                
ROBIN   SMITH,   constituent   of  Senator   Ward,   testified   via                                                            
teleconference from Anchorage  in opposition to the bill. She stated                                                            
she  wished efforts  could  be combined  to prevent  abortions.  She                                                            
calculated  that of  the approximately  9,960  births  in Alaska  in                                                            
1999, 48  percent were funded  by Medicaid,  and that 42 percent  of                                                            
all births are  unintended births; therefore 2,100  births were paid                                                            
by the State.  She referenced State information listing  the average                                                            
public cost for  an unintended pregnancy carried to  term and infant                                                            
care for one  year is $30,000 and  she calculated the total  cost at                                                            
$60 million annually.  She emphasized the need to  reduce the number                                                            
of unintended  pregnancies. She spoke to the psychological  problems                                                            
with childbirth and giving babies up for adoption.                                                                              
                                                                                                                                
JENNIFER  RUTTINGER,  Executive  Director,  Alaska  Civil  Liberties                                                            
Union, testified  in Juneau referencing  a position statement  dated                                                            
April  20, 2001  [Copy on  file]. She  spoke of  the organization's                                                             
mission "to  guarantee the  individual liberties  that are  found in                                                            
the  Alaska  Constitution  and the  US  Bill  of Rights,"  and  it's                                                            
representation  of  Planned Parenthood  of  Alaska on  the issue  of                                                            
protecting  privacy in the  context of  medical decision-making  for                                                            
one's own body. She described  the 1992 US Supreme Court decision on                                                            
Planned Parenthood of Southeastern  Pennsylvania vs. Casey upholding                                                          
a Pennsylvania  State  law  requiring  physicians to  provide  women                                                            
state-prepared   anti-choice   materials   prior   to  an   abortion                                                            
procedure. She  qualified that the Alaska Supreme  Court, as well as                                                            
Supreme  Courts in  other states,  gives  the right  to choose  more                                                            
protection under their  State constitution than the US Supreme Court                                                            
gives  under the  federal  constitution, which  does  not contain  a                                                            
right to  privacy component.  She told of  the Alaska Supreme  Court                                                            
decision  in Valley Hospital  Association  vs. Mat-Su Coalition  for                                                          
Choice finding  that any restrictions  on the private decision  of a                                                          
woman to  terminate a  pregnancy or  to carry  a pregnancy to  term,                                                            
would be "held  to the highest possible  standard of scrutiny."  She                                                            
explained that the State  must demonstrate a compelling interest for                                                            
the need for  this legislation as  well as demonstrate that  the law                                                            
would  not  infringe on  the  right  to choose.  She  remarked  this                                                            
legislation  violates  the  Alaska  constitution  under  the  Valley                                                            
Hospital decision.  She stated the  medical information required  to                                                            
be  included  in  the   proposed  material  is  scientifically   and                                                            
medically "suspect"  in some instances,  and she noted that  neither                                                            
Dr. C. Everett  Koop, or the World Health Organization  were able to                                                            
find psychological  harm  linked to  abortion. She  told stories  of                                                            
women  for  whom a  pregnancy  would  be life  threatening  and  the                                                            
additional  hardship  of requiring  them  to  be subjected  to  this                                                            
information.  She stated this is not  in women's best interest.  She                                                            
talked about  the higher cost of doctor's  required to provide  this                                                            
information  rather  than nurses,  etc.  She  supported information                                                             
about all medical  procedures. She cautioned against  the government                                                            
making decisions about what information is appropriate.                                                                         
                                                                                                                                
DEB  JOSLIN  testified  via  teleconference  from  Delta  about  her                                                            
experience  with an unborn child "with  multiple anomalies"  and the                                                            
counseling she  received urging her to terminate the  pregnancy. She                                                            
decided  against  termination and  detailed  her introduction  to  a                                                            
support group  where she learned of  other children with  trisomy 13                                                            
disorder. She said her  child was born with serious heart conditions                                                            
but was in significantly  better health than anticipated and that he                                                            
was not  in pain. She therefore  supported  this legislation  as she                                                            
thought  she should have  received more  accurate information  about                                                            
the prenatal condition  her son was diagnosed with. She informed her                                                            
son lived much longer than the maximum two days prognosis.                                                                      
                                                                                                                                
Senator  Olson asked  the  sponsor about  a witness  statement  that                                                            
women  are aware  of the  availability  of information  on  abortion                                                            
procedures. He commented  that in Rural Alaska there are some people                                                            
who are  "less than  knowledgeable"  about the  procedure. He  asked                                                            
what provisions  in this legislation address rural  residents and if                                                            
the information  would be provided in languages other  than English.                                                            
                                                                                                                                
Senator Ward  stated the information  would be provided in  English.                                                            
He hoped that  any provider would not perform an abortion  procedure                                                            
on a person  who was unable to understand  what was about  to occur.                                                            
                                                                                                                                
Co-Chair Kelly commented  the number of abortions performed in rural                                                            
Alaska  is  low,  primarily  due to  the  limited  amount  of  State                                                            
funding.                                                                                                                        
                                                                                                                                
Senator Ward stated Senator  Olson's concerns are the basis for this                                                            
legislation.  He  relayed  the  story  of a  girl  who  received  an                                                            
abortion in  the 1970s and was sterilized.  As a result he  and wife                                                            
became  involved  in counseling  against  abortion.  He stated  many                                                            
women did not receive adequate information.                                                                                     
                                                                                                                                
Senator Ward  asserted this legislation  is about "choice".  He also                                                            
compared  the decision  to receive  medical treatment  to that  of a                                                            
real  estate transaction,  citing  full disclosure  requirements  in                                                            
real estate.                                                                                                                    
                                                                                                                                
Senator Olson  spoke as a physician,  that this legislation  imposes                                                            
additional  regulations, which he  did not support because  it tends                                                            
to require physicians  to operate more as technicians  than doctors.                                                            
He asked the  consequences of a health  care provider not  supplying                                                            
the information proposed  in this bill. He commented he assumed that                                                            
in  the instance  shared  by  Senator Ward,  the  sterilization  was                                                            
unintended.                                                                                                                     
                                                                                                                                
Senator Ward hoped so.                                                                                                          
                                                                                                                                
Senator Ward  opined this legislation  would provide a "safeguard",                                                             
not only for the  patient making the decision, but  for all involved                                                            
parties  as well.  He remarked,  "the more information  that  people                                                            
have in  order to make  a decision,  I think the  better it  is." He                                                            
surmised  that  the  vast  majority  of  patients   receiving  these                                                            
services would prefer to have this information.                                                                                 
                                                                                                                                
Senator Austerman  stated  with due respect  to moral and  religious                                                            
beliefs,  this issue  could  be divisive.  He  would  not object  to                                                            
moving the  bill from Committee, however  he informed that  he would                                                            
not vote for  passage from the Senate.  He ascertained, "obviously,                                                             
it's  an issue  that appears  to  be a  veiled approach"  to  pursue                                                            
"personal issues."                                                                                                              
                                                                                                                                
Co-Chair  Kelly disagreed  the legislation  is "veiled" and  instead                                                            
asserted,  "it's a straightforward  attempt  to give people  who are                                                            
going  into  a  potential  very  dangerous  medical  procedure,  the                                                            
information  that I  think has  been denied  them."  He told of  the                                                            
several miscarriages  his mother experienced  before his  birth, and                                                            
the pressure  she was under to abort  him as he was not expected  to                                                            
be healthy  and because  she was  in danger of  dying. He  qualified                                                            
this occurred  in a  different time  and involves  only one  doctor.                                                            
However, he thought this practice continues in some form.                                                                       
                                                                                                                                
Senator Green  talked about the extensive consultation  she received                                                            
before  undergoing  recent   routine  surgery.  She  did  not  think                                                            
education could  be "over stressed" to allow good  consumer choices,                                                            
particularly in relation to medical treatment.                                                                                  
                                                                                                                                
Co-Chair Kelly asked about changes to the fiscal note.                                                                          
                                                                                                                                
KAREN PEARSON,  Director, Division  of Public Health, Department  of                                                            
Health and Social  Services, testified the fiscal  note incorporates                                                            
the estimated cost of advertising  and additional professional time.                                                            
At the time  the original fiscal note  was prepared, she  stated, it                                                            
was assumed  the  information would  be provided  in  the form  of a                                                            
"simple   pamphlet  or  small   booklet",   but  in  reviewing   the                                                            
legislation,  it was realized that  a much larger publication  would                                                            
be required.  She explained this is  partially due to the  inclusion                                                            
of a  geographic index  of services  and providers.  She stated  the                                                            
increase  in  funding  for  professional  services  is  intended  to                                                            
address provider inquiries regarding the publication.                                                                           
                                                                                                                                
Co-Chair  Kelly  asked  the  cost  of  the  Department's   statutory                                                            
requirement to advertise Planned Parenthood services.                                                                           
                                                                                                                                
Ms.  Pearson  replied the  Department  does  not  advertise  Planned                                                            
Parenthood services. She  clarified, "unfortunately, the terminology                                                            
that's  in the  statute happens  to match  the name  of an  official                                                            
organization"  and  stated  the  Department's  business  relates  to                                                            
"planned pregnancy".                                                                                                            
                                                                                                                                
Ms. Pearson continued  the Department and the Division  supports the                                                            
intent of the  bill to fully inform  patients in any situation.  She                                                            
said the contention,  however, is  that informed consent  is already                                                            
required  for any  procedure. She  questioned  the effectiveness  of                                                            
providing information  in written  form, given the limited  literacy                                                            
of  some  patients.  She stated  that  providing  various  forms  of                                                            
information  about  avoiding unplanned  pregnancy  would  be a  more                                                            
appropriate approach.                                                                                                           
                                                                                                                                
Senator  Hoffman  clarified  the  witness  testified  that  informed                                                            
consent  is   currently  required   and  asked  if  provisions   are                                                            
stipulated in regulation.                                                                                                       
                                                                                                                                
Ms.  Pearson  responded   that  before  any  medical   procedure  is                                                            
conducted,  the patient  must sign  a consent form.  She was  unsure                                                            
whether this  stipulation is contained  in statutes or regulations.                                                             
                                                                                                                                
Co-Chair Kelly  stated the informed  consent provision is  different                                                            
in the instance  of abortion procedures due to Alaska  Supreme Court                                                            
decisions.  He doubted if informed  consent of abortion proceedings                                                             
"in practice is true." He surmised the witness is misinformed.                                                                  
                                                                                                                                
Ms. Pearson replied she would verify her statements.                                                                            
                                                                                                                                
Senator Leman  asked if in  light of the  existing informed  consent                                                            
practices,  why one-half year  is required  annually to develop  the                                                            
proposed  booklet,  which  he  assumed  would  utilize  information                                                             
already available.  He also asked why a full-time  clerk position is                                                            
required to maintain a database and distribute the booklets.                                                                    
                                                                                                                                
                                                                                                                                
SFC 02 # 48, Side A 11:03 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Senator Leman commented  that when a department opposes legislation,                                                            
it would "inflate" the fiscal note.                                                                                             
                                                                                                                                
Ms. Pearson responded she  wanted to accurately reflect the expenses                                                            
to  continually update  the  information.  She noted  the  technical                                                            
information  would not comprise  the majority  of the cost.  Rather,                                                            
she stated,  there would be effort  required to update the  frequent                                                            
changes of  service providers. She  qualified her interpretation  of                                                            
the legislation  is  to document  all agencies,  counselors,  health                                                            
care providers  and other service providers, which  she stated would                                                            
require constant interaction  with communities. She pointed out that                                                            
if the information  could be updated on an annual  basis, the fiscal                                                            
note would be significantly less.                                                                                               
                                                                                                                                
Co-Chair Kelly  asserted that the  content of a signed consent  form                                                            
would be  considerably different  than the  information proposed  in                                                            
this legislation.                                                                                                               
                                                                                                                                
Co-Chair  Kelly commented  on the  testimony given  by the ACLU  and                                                            
Planned  Parenthood  that there  is no  psychological  impact of  an                                                            
abortion. He  pointed out that litigation  regarding public  funding                                                            
of abortion services  is partially resulting from  the argument that                                                            
medically necessary  abortions include  the psychological  health of                                                            
the woman. He asserted, "ACLU speaks with a forked tongue."                                                                     
                                                                                                                                
Co-Chair Kelly  requested Senator Ward address the  concerns related                                                            
to the fiscal note.                                                                                                             
                                                                                                                                
Senator  Green offered  a  motion to  "move  Senate Bill  91 out  of                                                            
Committee with  individual recommendations  and flocculating  fiscal                                                            
note."                                                                                                                          
                                                                                                                                
Without  objection, CS  SB 91 (HES)  MOVED from  Committee with  new                                                            
$110,000  fiscal  note from  the  Department  of Health  and  Social                                                            
Services dated 4/3/02 12:43 PM.                                                                                                 
                                                                                                                                
Co-Chair Kelly recessed 11:08 AM / 4:36 PM                                                                                      
                                                                                                                                

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