Legislature(1999 - 2000)
03/28/2000 03:11 PM House HES
| Audio | Topic |
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* 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 28, 2000
3:11 p.m.
MEMBERS PRESENT
Representative Fred Dyson, Chairman
Representative Jim Whitaker
Representative Joe Green
Representative Carl Morgan
Representative Allen Kemplen
Representative John Coghill
MEMBERS ABSENT
Representative Tom Brice
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 270
"An Act relating to sexual assault and sexual abuse and to
payment for certain examinations in cases of alleged sexual
assault or sexual abuse."
- MOVED CSSSHB 270(HES) OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 15
Relating to Alcohol-Related Birth Defects Awareness Weeks.
- MOVED SCR 15 OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 329
"An Act relating to services and information available to
pregnant women and other persons; and requiring informed consent
and a 24-hour waiting period before an abortion may be performed
unless there is a medical emergency."
- MOVED CSSSHB 329(HES) OUT OF COMMITTEE
HOUSE BILL NO. 301
"An Act relating to the education of exceptional children; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS ACTION
BILL: HB 270
SHORT TITLE: SEXUAL ASSAULT & SEXUAL ABUSE
Jrn-Date Jrn-Page Action
1/10/00 1890 (H) PREFILE RELEASED 1/7/00
1/10/00 1890 (H) READ THE FIRST TIME - REFERRALS
1/10/00 1890 (H) STA, HES, FIN
1/21/00 1976 (H) COSPONSOR(S): KERTTULA
2/16/00 2224 (H) COSPONSOR(S): SMALLEY
2/18/00 2236 (H) SPONSOR SUBSTITUTE INTRODUCED
2/18/00 2237 (H) READ THE FIRST TIME - REFERRALS
2/18/00 2237 (H) STA, HES, FIN
3/07/00 (H) STA AT 8:00 AM CAPITOL 102
3/07/00 (H) Scheduled But Not Heard
3/09/00 (H) STA AT 8:00 AM CAPITOL 102
3/09/00 (H) Moved CSSSHB 270(STA) Out of
Committee
3/09/00 (H) MINUTE(STA)
3/15/00 2487 (H) STA RPT CS(STA) NT 4DP
3/15/00 2487 (H) DP: JAMES, GREEN, HUDSON, OGAN
3/15/00 2488 (H) ZERO FISCAL NOTE (DPS)
3/16/00 (H) HES AT 3:00 PM CAPITOL 106
3/16/00 (H) Scheduled But Not Heard
3/23/00 (H) HES AT 3:00 PM CAPITOL 106
3/23/00 (H) Heard & Held
3/23/00 (H) MINUTE(HES)
3/28/00 (H) HES AT 3:00 PM CAPITOL 106
BILL: SCR 15
SHORT TITLE: ALCOHOL-RELATED BIRTH DEFECTS AWARENESS
Jrn-Date Jrn-Page Action
2/15/00 2302 (S) READ THE FIRST TIME - REFERRALS
2/15/00 2302 (S) HES
2/21/00 (S) HES AT 1:30 PM BUTROVICH 205
2/21/00 (S) Moved Out of Committee
2/21/00 (S) MINUTE(HES)
2/22/00 (S) RLS AT 12:00 PM FAHRENKAMP 203
2/22/00 (S) MINUTE(RLS)
2/22/00 2378 (S) HES RPT 5DP
2/22/00 2378 (S) DP: MILLER, WILKEN, PEARCE, ELTON,
2/22/00 2378 (S) PETE KELLY
2/22/00 2378 (S) ZERO FISCAL NOTE (S.HES)
2/23/00 2393 (S) RLS TO CALENDAR W/CS 2/23/00
SAME TITLE
2/23/00 2393 (S) PREVIOUS ZERO FN (S.HES)
2/23/00 2394 (S) READ THE SECOND TIME
2/23/00 2394 (S) RLS CS ADOPTED UNAN CONSENT
2/23/00 2394 (S) COSPONSOR(S): HOFFMAN, TAYLOR, ADAMS,
2/23/00 2394 (S) WARD, ELTON, ELLIS, MACKIE
2/23/00 2394 (S) PASSED Y18 N- E1 A1 CSSCR 15(RLS)
2/23/00 2394 (S) KELLY, TIM NOTICE OF RECONSIDERATION
2/24/00 2411 (S) RECON TAKEN UP - IN THIRD READING
2/24/00 2411 (S) PASSED ON RECONSIDERATION Y20 N-
2/24/00 2414 (S) TRANSMITTED TO (H)
2/25/00 2297 (H) READ THE FIRST TIME - REFERRALS
2/25/00 2297 (H) HES
3/28/00 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 329
SHORT TITLE: INFO AND INFORMED CONSENT FOR ABORTION
Jrn-Date Jrn-Page Action
2/02/00 2064 (H) READ THE FIRST TIME - REFERRALS
2/02/00 2064 (H) HES, JUD, FIN
2/04/00 2104 (H) COSPONSOR(S): KOHRING
2/09/00 2156 (H) COSPONSOR(S): DYSON, OGAN
2/16/00 2207 (H) SPONSOR SUBSTITUTE INTRODUCED
2/16/00 2207 (H) READ THE FIRST TIME - REFERRALS
2/16/00 2207 (H) HES, JUD, FIN
3/21/00 (H) HES AT 3:00 PM CAPITOL 106
3/21/00 (H) Heard & Held
3/21/00 (H) MINUTE(HES)
3/28/00 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE ERIC CROFT
Alaska State Legislature
Capitol Building, Room 400
Juneau, Alaska 99801
POSITION STATEMENT: Sponsor of SSHB 270.
HOLLY HEMMING, Intern
for Senator Georgianna Lincoln
Alaska State Legislature
Capitol Building, Room 11
Juneau, Alaska 99801
POSITION STATEMENT: Presented sponsor statement for SCR 15.
SENATOR GEORGIANNA LINCOLN
Alaska State Legislature
Capitol Building, Room 11
Juneau, Alaska 99801
POSITION STATEMENT: Testified on SCR 15.
DR. COLLEEN MURPHY
2811 Illiamna
Anchorage, Alaska 99517
POSITION STATEMENT: Testified against HB 329.
DR. JAN WHITEFIELD
4115 Lake Otis Parkway
Anchorage, Alaska 99508
POSITION STATEMENT: Testified on HB 329.
KATE LINDHOLM
PO Box 6063
Sitka, Alaska 99835
POSITION STATEMENT: Testified against HB 329.
COLETTE CASAVANT
307 Charteris Street
Sitka, Alaska 99835
POSITION STATEMENT: Testified against HB 329.
JANE ALBERTS
Kachemak Bay Family Planning Clinic
3851 Main Street
Homer, Alaska 99603
POSITION STATEMENT: Testified against HB 329.
ADENA WHEELES
4110 Debarr Road, Space G 21
Anchorage, Alaska 99508
POSITION STATEMENT: Testified against HB 329.
MCKENZIE WHEELES
4110 Debarr Road, Space G 21
Anchorage, Alaska 99508
POSITION STATEMENT: Testified against HB 329.
AMANDA CLEMENS
3133 East 41st, Number 2
Anchorage, Alaska 99508
POSITION STATEMENT: Testified on HB 329.
CATHY GIRARD
2907 west 35th
Anchorage, Alaska 99516
POSITION STATEMENT: Testified against HB 329.
TIM HUFFMAN
4880 Newcastle Way
Anchorage, Alaska 99503
POSITION STATEMENT: Testified on HB 329.
KAREN FISH
7821 Porsche Street
Anchorage, Alaska 99503
POSITION STATEMENT: Testified against HB 329 through her
testimony, which was read into the record by KATHERINE DAVEY.
AMY BOLLENBACH
PO Box 3429
Homer, Alaska 99603
POSITION STATEMENT: Testified against HB 329.
ROSE MIDEROS (ph)
(No address provided)
POSITION STATEMENT: Testified on HB 329.
DR. PETER NAKAMURA, Director
Central Office, Division of Public Health
Department of Health & Social Services
PO Box 110610
Juneau, Alaska 99811
POSITION STATEMENT: Testified on HB 329.
ACTION NARRATIVE
TAPE 00-36, SIDE A
Number 0001
CHAIRMAN FRED DYSON called the House Health, Education and Social
Services Standing Committee meeting to order at 3:11 p.m.
Members present at the call to order were Representatives Dyson,
Whitaker, Green, Kemplen and Coghill. Representative Morgan
arrived as the meeting was in progress.
HB 270 - SEX ASSAULT & SEXUAL ABUSE
Number 0041
CHAIRMAN DYSON announced the first order of business as Sponsor
Substitute for House Bill No. 270, "An Act relating to sexual
assault and sexual abuse and to payment for certain examinations
in cases of alleged sexual assault or sexual abuse."
[Before the committee was CSSSHB 270(STA). Instead of containing
that bill version, however, committee packets contained work
draft Version M, 1-LS1108\M, Luckhaupt, 2/25/00. In addition,
proposed amendments were marked "CSHB 270(HESS)." However,
Version M was the same work draft already adopted and moved out
of the House State Affairs Standing Committee on 3/09/00 as
CSSSHB 270(STA).]
Number 0128
REPRESENTATIVE ERIC CROFT, Alaska State Legislature, sponsor of
SSHB 270, came forward to testify. He reported that he,
Representative Brice and law enforcement had all spent time
trying to craft language that would cover examinations of
children, but they failed. The larger distinction is somebody
who knows what happened to them and can make a conscious decision
whether to participate in a prosecution or not; with children it
is fundamentally different. He suggested that SSHB 270
concentrate on what what is known, which is an adult, however
defined, cannot be charged for these exams. He is willing to
work on the complicated issue of children later. He does not
mean to authorize general requirement of payment from children
victims by saying adults cannot be charged. He said, "It doesn't
mean wholesale, charge all the kids. It does mean there are good
programs out there that I don't mean to disturb."
Number 0430
REPRESENTATIVE COGHILL made a motion to adopt Amendment 1, which
read:
Page 1, line 6:
Delete "an adult" and insert "a";
Page 1, line 6:
After the words "victim of sexual assault under AS 11.41.410
- 11.41.425", insert "who is 16 years of age or older".
Number 0627
REPRESENTATIVE KEMPLEN objected for purposes of discussion. He
expressed concern about 16- and 17-year-olds being classified as
adults because in other areas of statute, they are not considered
adults. He understands that the age of 18 is the benchmark for
becoming independent.
REPRESENTATIVE COGHILL said that was a point well taken. He did
not intend to classify 16- and 17-year-olds as adults but was
just including them in this. There are times when their
consenting is under adult statutes, but he did not intend to
assert that at all.
REPRESENTATIVE KEMPLEN asked Representative Coghill why he didn't
say 18 instead of 16.
REPRESENTATIVE COGHILL noted, for example, that emancipation can
be done at age 16. There are other statutes where 16 is a time
that certain choices are made. It was thought that under 16
would get into other child laws that age 16 quite often is the
"stepping-out place of."
Number 0776
REPRESENTATIVE GREEN noted that there is a waiver for 16-year-
olds for heinous crimes; they are moved up to adult court.
REPRESENTATIVE CROFT said in the "sexual abuse of a minor"
statutes there are various provisions in which 16 is the age of
consent. He believes the amendment does no harm, and it does
some good to this limited bill. He has no objection to it.
REPRESENTATIVE KEMPLEN withdrew his objection.
CHAIRMAN DYSON announced that Amendment 1 was adopted since the
objection was withdrawn.
Number 0948
REPRESENTATIVE GREEN made a motion to move CSSSHB 270 [CSSSHB
270(STA)], as amended, out of committee with individual
recommendations and zero fiscal note. There being no objection,
CSSSHB 270(HES) moved from the House Health, Education and Social
Services Standing Committee.
SCR 15 - ALCOHOL-RELATED BIRTH DEFECTS AWARENESS
Number 0978
CHAIRMAN DYSON announced the next order of business as Senate
Concurrent Resolution No. 15, Relating to Alcohol-Related Birth
Defects Awareness Weeks.
Number 0991
HOLLY HEMMING, Intern for Senator Georgianna Lincoln, Alaska
State Legislature, came forward to present SCR 15 on behalf of
the sponsor. She said Fetal Alcohol Syndrome (FAS) is totally
preventable, and it is the number one cause of birth defects and
mental retardation. It costs the state between $1.4 million and
$3 million per FAS child during his/her lifetime. Approximately
ten FAS children are born in Alaska every year; if that is
multiplied by 40, it is estimated that at least 400 people with
FAS live in Alaska, and that will cost the state at least $560
million a year. People with Fetal Alcohol Effects (FAE) may lack
the physical appearance of FAS, but damage to the brain can be
just as serious. The weeks of Mother's Day and Father's Day are
very appropriate dates to recognize the role of parents in FAS
and FAE birth defects.
MS. HEMMING encouraged the committee members to read the material
in their packets - especially the list of in utero alcohol damage
that affects people with FAS/FAE. This resolution has been
introduced as far back as 1994, and it has been passed annually.
Number 1128
SENATOR GEORGIANNA LINCOLN, Alaska State Legislature, came
forward as the prime sponsor of SCR 15. She said it is a shame
that every year there is just a resolution recognizing the
importance of Fetal Alcohol Syndrome and Fetal Alcohol Effects.
It is growing across the state and is very expensive for the
state monetarily and socially. This is just a small effort to
recognize the immensity of the problem and a small step forward
for the rest of the state to recognize the total problem.
REPRESENTATIVE KEMPLEN asked Senator Lincoln what type of
policies the legislature should be looking at. He wondered if
alcohol consumption should be criminalized for pregnant women.
SENATOR LINCOLN noted that when she first came to the
legislature, that was exactly what she started looking into, but
this is an extremely complex issue. She cited various problems
with criminalizing it such as an obese woman being refused a
drink in a bar because the bartender thought she was pregnant,
and the woman could sue; another woman could have a third FAS
child and be incarcerated, and what would happen to the other
children left at home? The greatest benefit is to address
prevention and intervention. She believes there hasn't been
enough done in the area of prevention, but it takes money.
Number 1311
CHAIRMAN DYSON pointed out there is a statewide coordinator for
FAS now. United States Senator Ted Stevens has obtained a
significant amount of money to help Alaska get the word out, and
there are now diagnostic teams available to travel the state.
REPRESENTATIVE GREEN asked Senator Lincoln what would be the best
way for the state to get to the people.
SENATOR LINCOLN reiterated that it is such a complex problem. It
is the "chicken or the egg," and she doesn't know where to start.
In a conversation recently with some leaders, she said it boils
down to people being busy and occupied and feeling like they are
contributing to society. It is something that takes more than a
resolution; it takes more than a few dollars. A common
denominator needs to be found where the process could begin.
Part of the problem is when people don't have jobs, don't feel
that they are contributing to the community or society, or are
depressed about a number of things, and there is no help for
them. It is a whole roster of things. She is committed to going
beyond a resolution and knows the committee is committed if they
could just get their hands around this. She commented that it is
not just a problem in Alaska. She was in Vancouver, British
Columbia, when 800 balloons were released for the 800 FAS cases
there. The public needs to be made more aware of this very real
problem.
Number 1526
REPRESENTATIVE GREEN made a motion to move SCR 15 out of
committee with individual recommendations and zero fiscal note.
There being no objection, SCR 15 moved from the House Health,
Education and Social Services Standing Committee.
HB 329 - INFO AND INFORMED CONSENT FOR ABORTION
Number 1567
CHAIRMAN DYSON announced the next order of business as Sponsor
Substitute for House Bill No. 329, "An Act relating to services
and information available to pregnant women and other persons;
and requiring informed consent and a 24-hour waiting period
before an abortion may be performed unless there is a medical
emergency." [Note: SSHB 329 has the designation 1-LS1329\H,
which was referenced during the hearing.]
Number 1608
REPRESENTATIVE COGHILL made a motion to adopt Amendment 1 [1-
LS1329\H.2, Lauterbach, 3/28/00], which read:
Page 4, line 29:
Delete "that medical assistance benefits may
be available"
Insert "the possible availability of medical
assistance benefits"
Page 4, line 31:
Delete "that the father is liable"
Insert "the father's liability"
Page 5, line 2, following "abortion":
Insert "; however, the information required
under this subparagraph may be omitted by the
physician when the physician considers its
omission appropriate under the circumstances
of the pregnancy"
CHAIRMAN DYSON asked whether there was any objection. There
being no objection, Amendment 1 was adopted.
The committee took an at-ease from 3:40 p.m. to 3:42 p.m.
Number 1715
REPRESENTATIVE COGHILL made a motion to adopt Amendment 2, to
accomplish the following:
Page 3, line 8, eliminate "conception" and replace with
"fertilization";
Page 3, strike line 10.
Page 3, line 14, replace "conception" with
"fertilization";
Page 3, line 16, replace "conception" with
"fertilization";
Page 5, line 21, replace "conception" with
"fertilization";
page 6, line 1, replace "conception" with
"fertilization";
page 6, line 3, replace "conception" with
"fertilization";
Number 1747
CHAIRMAN DYSON ask whether there was any objection. There being
none, Amendment 2 was adopted.
Number 1779
REPRESENTATIVE GREEN made a motion to adopt Amendment 3 [1-
LS1329\H.1, Lauterbach, 3/21/00], which read:
Page 4, line 4, following "damages.":
Insert "In a civil action under this subsection,
there is a rebuttable presumption that an abortion was
performed without the pregnant woman's informed consent
if the physician who performed the abortion does not
submit into evidence the copy of the woman's written
certification required to be retained in the
physician's files under AS 18.16.060(b)(4)(B)."
Page 5, line 19, following "paragraph":
Insert "and retains the copy in the physician's
files"
Number 1857
REPRESENTATIVE COGHILL said he had no objection to Amendment 3.
REPRESENTATIVE WHITAKER asked Representative Green if the
assumption is that there is a rebuttable presumption, and,
therefore, it is not an automatic presumption; it may be
rebutted, and it is subject to question by the physician.
REPRESENTATIVE GREEN said it simply changes the burden to the
doctor rather than the person who had the abortion, and the
doctor is required to keep this notice in the files anyway.
The committee took an at-ease from 3:47 p.m. to 3:48 p.m.
CHAIRMAN DYSON asked whether there was any objection. There
being no objection, Amendment 3 was adopted.
Number 2024
DR. COLLEEN MURPHY testified via teleconference from Anchorage.
She represents the practice of obstetrics and gynecology (Ob/Gyn)
in Alaska; she practices obstetrics and gynecology in Anchorage
at the Alaska Women's Health Services; she is board certified in
obstetrics and gynecology and is an active member in the Alaska
State Medical Association legislative subcommittee. She gave the
following testimony:
As a provider of women's health care, I speak in firm
opposition to HB 329. As a personal consumer of
women's health care, I speak in firm opposition to HB
329. As a mother to a young daughter, who will one day
need all options to unbiased reproductive health care,
I speak in opposition to HB 329. As a data-driven
scientist with knowledge and professional familiarity
with the predictable failures of modern contraception,
I speak in opposition to HB 329.
House Bill 329 is a meddlesome and unnecessary
legislative action. This procedure-specific informed
consent is opposed by both the American Medical
Association and the American College of Obstetrics and
Gynecology. It represents a shameless intrusion into
the personal decision-making between a patient and her
provider. House Bill 329 is a thinly veiled strategy
to create additional barriers to a woman's right to
legal abortion.
In October 1999, the State of Alaska published updated
statistics on the rate of unintended pregnancy in
Alaska in its professional publication named "Family
Health Data Line." Between the years 1996-1997, it is
estimated that 42 percent of the over 18,000 Alaskan
births were reported as unintended by their mothers.
In 1995, the Institute of Medicine delineated that its
landmark report, called "The Best Intentions," that
unintended pregnancy is associated with many, many
problems in pregnancy and later on. This includes late
onset of prenatal care, lower birth weight babies, a
higher infant mortality rate, higher rates of maternal
depression, higher rates of physical abuse of the child
and mother, higher rates of single parent homes, lower
socioeconomic status for the family, and less intact
families. The state of Alaska, in the "Family Health
Data Line," October 1999, made recommendations to our
legislators in an effort to decrease the high rate of
unintended pregnancy and the necessity to going toward
abortion.
This includes the recommendation that your very
committee strongly consider the current HB 29 for
prescriptive equity. Currently there are over 60,000
women in Alaska that do not have access to the five
most reliable forms of FDA [Food and Drug
Administration] approved contraception. Women
currently pay 68 percent more in out-of-pocket health
care costs because they have to pay for these forms of
contraception.
I urge you to put your efforts into the prevention of
unintended pregnancy, and currently you have
legislation that would allow 60,000 more women to have
access to more reliable access to contraception through
their private insurance rather than making this thinly
veiled attempt to decrease the options to legal
termination in the state of Alaska.
REPRESENTATIVE GREEN asked Dr. Murphy how this would be an
invasion of the privacy between the doctor and the patient.
DR. MURPHY said currently when a patient undergoes any sort of
surgical or medical procedure, he/she undergoes informed consent
prior to it. The standard of care prior to a termination is
generally to date the pregnancy, which includes a physical exam,
history taking, and in most cases an ultrasound exam. The issues
raised in HB 329 are pretty much the standard of care statewide
in which a patient is fully informed about the risk of the
procedure and the gestational age of the pregnancy in which she
is planning to terminate. This is currently being done by
licensed providers, and this bill isn't needed.
Number 2216
CHAIRMAN DYSON noted that the committee has heard that there are
regulations that already require that doctors inform their
patients. If it is already the current practice and is in
regulations, he asked Dr. Murphy if she would have the
legislature repeal the regulations.
DR. MURPHY replied no.
CHAIRMAN DYSON asked Dr. Murphy if there have been times, in her
experience, when women have asked to get the remains of the fetus
for a burial ceremony.
DR. MURPHY replied no.
TAPE 00-36, SIDE B
Number 2231
CHAIRMAN DYSON asked Dr. Murphy if the option of getting the
remains for a burial service is made available or should it be
made available if the woman chooses.
DR. MURPHY said currently burial is not required in Alaska for
fetuses below 500 grams [in weight] or less than 20-24 weeks [in
age]. Currently, most women do not view the fetus as something
they want to bury. Legally it is required after a certain
gestational age or certain birth weight.
CHAIRMAN DYSON asked what is done with the remains that are not
buried.
DR. MURPHY answered that they are generally disposed as most
medical waste is which is incineration.
CHAIRMAN DYSON asked Dr. Murphy if women should have the option
to donate fetal body parts like other organ donations.
DR. MURPHY reported that there is some exciting work being done
that will probably replace the need to consider fetal tissue and
that is with stem cells which can be cultured and collected from
the umbilical cord plug at live birth near term. That will
probably be a nonissue very shortly with advancing technology.
Number 2166
DR. JAN WHITEFIELD testified via teleconference from Anchorage.
He is a practicing obstetrician/gynecologist; he is a member of
the Alaska State Medical Association and American College of
Obstetrics and Gynecology, and he represents women in Alaska. He
noted he had sent in written testimony that committee members
have so he will limit his remarks to three points. In terms of
the mandatory 24-hour waiting period, he has maintained an active
database on abortion in Alaska for quite a few years. He
believes a data analysis will show it will mostly affect people
monetarily who live out-of-town and that is going to be
discriminatory to the Alaskan Natives. The Alaskan Natives
generally have to come in from villages or outlying areas to have
an abortion. If they choose to come into town for a pregnancy
termination and have to wait an additional 24 hours, that is
going to mean additional expense that won't be borne by people
who live near the locale where abortion is available. That
discrimination issue will make this bill challengeable.
DR. WHITEFIELD said his second point has to do with the
definition of conception.
CHAIRMAN DYSON told Dr. Whitefield the word "conception" had been
changed to "fertilization" throughout the bill.
DR. WHITEFIELD pointed out that the definition chosen for
fertilization is not necessarily a medically nor scientifically
accepted definition. But as such, the committee should be aware
that there is one institution in the state where people can
through in vitro fertilization, which is having the ovum
fertilized and saved to attempt to get pregnant. If a woman has
six or eight fertilized eggs which are stored, and she manages to
get pregnant, and two or three fertilized eggs are left over that
she hasn't used, by using this definition of fertilization, now
the person who has stored fertilized eggs and decides to get rid
of the fertilized eggs not used, will be an abortion. He
wondered how this law will affect the people who go through in
vitro fertilization.
DR. WHITEFIELD said his third point is that the bill is highly
biased. One of the questions that was asked is How will this
informed consent be an onus on the patient? As he reads the
bill, it says that the Department of Health & Social Services
(DHSS) needs to maintain information that can be supplied to a
patient on a two-week basis. When an abortion is chosen, it says
that DHSS will maintain this information, that the physician has
to give it to a patient, and she has to sign she has obtained
this information. That information is going to be placed in the
patient's hands. Last week he did two abortions for women who
wanted to be pregnant but had fetuses that were incompatible with
life. If he had to go through a detailed explanation for those
women at 16-18 weeks as to what a fetus looked like, that would
be emotional torture for that person.
CHAIRMAN DYSON pointed out to Dr. Whitefield that an amendment
had been adopted that allows the physician to use his/her
judgment if it is not in the woman's best interests to have that
information.
Number 1834
KATE LINDHOLM testified via teleconference from Sitka. She does
not believe that any woman takes the question of having children
lightly. She gave the following testimony:
When I became pregnant unexpectedly at the age of 21, I
struggled with many overwhelming emotions. Opinions
came to me from all sides, and questions I thought I
had answered materialized again. Wanting to make the
right decision, I carefully examined all of these
things. Forcing me to wait an extra 24 hours in order
to think things over would have been superfluous. I
had been weighing options about unplanned pregnancy
from the time I had become sexually active. I had been
thinking things over for years.
Most women grow up expecting to be faced at some point
with the decision about pregnancy. I assume the
majority of them, with or without federal requirement,
will spend quite a bit more time than 24 hours thinking
about what they will do when it happens. But the real
question posed by this bill isn't about the cruelty
imposed by forcing unwanted and inappropriate
misinformation down women's throats, it is about
whether or not a medical procedure, a procedure that is
statistically safer than birth, should be regulated by
politicians or by doctors, and whether information
about that procedure, a legal surgery that has never
been medically proven to have any correlation to
adverse psychological effects, should be presented in a
biased or unbiased manner. It is about whether the
politically-loaded words agreed upon by a minority
should be allowed to replace universally accepted
medical terminology.
And lastly, it is about whether policies concerning
women's health and freedom should be determined based
on the opinions of a group of people dependent on
public approval for the safety and longevity of their
jobs or by doctors. In reality this bill isn't about
providing information to women; it is about
intimidating and coercing them into thinking the
information they have is wrong. That what they feel is
the best choice for them, a choice that has been upheld
by the Supreme Court of this country, is irresponsible
and ignorant. In addition, this is not taking into
account the effects such tactics may have on victims of
rape or incest nor do they consider women who should
not continue pregnancy because of various physical or
psychological conditions. It does not consider the
women at all. For these reasons I strongly oppose HB
329.
Number 1729
COLETTE CASAVANT testified via teleconference from Sitka. She
spoke as a former women's advocate at the domestic violence
shelter and sexual assault shelter. She personally and
politically finds this bill appalling in cases of incest, rape
and domestic violence. Survivors of these abhorrent acts do not
need yet another way to restrict access and choice to a safe and
legal medical procedure. She objects to HB 329.
Number 1698
JANE ALBERTS, Kachemak Bay Family Planning Clinic, testified via
teleconference from Homer. She represented 12 Homer citizens:
Carri Thurman, Jane Alberts, Melon Purcell, Judy Flora, Jim
Meesis, Kathy Steberl, Tarri Thurman, Michelle Waneka, Lora
Wilke, Kate Finn, Donna Rae Faulkner, and Heidi Glotfelty and the
40 additional members of the Kachemak Bay Family Planning Clinic.
She read the following testimony:
We are here to testify against HB 329. It has been 30
years since American women were granted the right to
choose abortion for unwanted pregnancy. Roe v. Wade
was crafted in such a way to make abortion legally
possible, accessible and practical. Since 1971, there
have been many attempts to erode this right. House
Bill 329 is another example.
This bill incorporates additional shame, pain, and
guilt into a woman's decision to have an abortion. The
proposal for a 24-hour waiting period after "informed
consent" seems as if it is designed to place a woman
into a purgatory while she waits for the procedure that
BY LAW she is allowed to choose. We don't know of
anyone who has ever hopped on down to her physician for
an abortion without an intensive decision-making
process, or without considering that it is her
alternative of the last resort. This decision-making
process is disrespected and disregarded by the proposed
bill.
It is additionally disrespectful to use tactics such as
forcing women to view and study the various anatomical
and physiological characteristics of fetuses from
conception on and then sign that she has done this
before an abortion can be performed.
Alaska women have the right to choose abortion, just
like all other American women. The state should not be
trying a hinder a woman who has made this difficult
choice, nor by using scare tactics and roadblocks to
erode a woman's right to choose.
Number 1570
ADENA WHEELES testified via teleconference from Anchorage. She
stated that the Supreme Court ordered the state of Alaska that it
does not have the right to discriminate against poor women and
their lawful choice to an abortion. She has a hard time with
this bill. It is a difficult choice for any woman at any stage
of her life. To abort or have a child is a private decision--a
decision between a doctor and a patient. She doesn't understand
why the legislature has such a need to step in and intervene when
the law is already clear. Some women who do have children
struggle with such dysfunction as alcoholism and addiction; and
child care assistance is being cut. She believes the language in
the bill is scary; it isn't to inform.
Number 1499
MCKENZIE WHEELES testified via teleconference from Anchorage.
She informed the committee that she is nineteen years old and in
the past year, she found herself in the position of choosing
between being a child trying to raise a child or trying to
continue her education until she is mature enough and has the
ways and means and the parenting skills to raise healthy, happy
children with a realistic chance of succeeding. The women's
clinic gave her detailed information about her choices. In no
way did the people at the clinic try to persuade her or misguide
her; they were direct and honest in every way. For the
legislature to work toward making this already traumatic and
disturbing choice even more difficult is indefensible and mean-
spirited toward the helpless and vulnerable young citizens. She
expressed her objection to HB 329.
Number 1442
AMANDA CLEMENS testified via teleconference from Anchorage. She
told the committee she has seen her friends struggle with this
issue and does not believe there needs to be a 24-hour waiting
period before having an abortion. Anybody who has found out she
was pregnant and does not want the child, from the minute she
found out, she has been constantly thinking about how this will
affect her life and what she should do.
Number 1407
CATHY GIRARD testified via teleconference from Anchorage. She
restated her disappointment on the legislature's interest in
"living government" and yet at the same time finding great
interest in her personal life. She finds this bill to be a
redundancy of legal options already available in the state and
also legal opportunities granted on the federal level. She
believes if men were able to have abortions, this bill would not
even be on the table for discussion. She does not believe there
should be a 24-hour waiting period for this or any other medical
procedure. If a 24-hour waiting period is necessary, she
believes it is the responsibility of the medical community to
make that decision, not the legislature.
MS. GIRARD mentioned that last week there was testimony in
support of the bill from many women whose experiences happened
twenty years ago. She urged the committee not to make judgments
on that kind of information about what should be done today. The
medical profession has changed greatly; there is much more
information disseminated, and people are much more educated about
the medical procedures available. She summarized that abortion
is legal and "if I can be blunt, but respectful, please get over
it. Bringing your personal religious and moral agendas to the
law is an abuse of your position as a legislator."
Number 1293
TIM HUFFMAN testified via teleconference from Anchorage. He told
the committee of a friend of his who had a miscarriage which
damaged her uterus. According to this law, what was already a
tragic situation would have been compounded by having to view
pictures of fetus development at every two weeks. He understands
there has been an amendment that says this information does not
have to be shared if the physician decides, but he doesn't find
the language any more palatable. He concurred with all of the
statements said so far today. He believes that this most private
decision should be left up to the individual involved in the
situation. Indeed, if conservatives champion personal
responsibility, then get the government out of this particular
choice.
Number 1218
KATHERINE DAVEY testified via teleconference from Anchorage. She
read the testimony of KAREN FISH:
I am writing in response to the possibility of HB 329
coming out of committee. It appalls me to think that
this is even a possibility, and I strongly oppose this
bill. Let me tell you my story.
I am a 40-year-old woman who was faced with making a
decision when I was 20 years old, single and pregnant.
My lifestyle at that time was not a healthy one in
which drugs and alcohol were much more important to me
than the health and welfare of myself, let alone a
baby. I was scared and felt alone and was told "What
do you expect me to do, marry you?"
With the amount of drugs that I had put through my
system, I decided that the best option for me was to
terminate the pregnancy. This already was an extremely
emotional and traumatic time for me. Would I have been
forced to look at pictures and have biased counseling,
it would not have changed my mind. It would have only
added to my traumatic time and possibly delayed the
procedure. I was already at 12 weeks and a few more
weeks would have moved it from a first trimester
procedure to a second trimester procedure which
statistics show is at much higher risk to the woman.
The fact that the bill alludes to abortion causing
future infertility problems is absurd. I'm happily
married for 15 years, been drug-free for 15 years and
have two children, ten and thirteen years old. When I
chose to become pregnant, I was not forced to look at
pictures of the birth or have a forced counseling on my
decision to give birth. Why should a woman be forced
to look at pictures or have biased counseling when she
chooses to terminate the pregnancy? I do not feel that
passing this bill will reduce the number of abortions.
I do believe it will increase the number of fatalities
due to the desperate attempts to terminate the
pregnancy without going to a safe and legal medical
professional so they will be forced to look at
pictures.
Isn't it sad to know that 60 percent of all pregnancies
in the U.S. are unplanned pregnancies? Instead of
spending money and time and energy and resources to get
this bill passed through the committee, why not focus
on education and preventing unplanned pregnancy from
happening in the first place? Why not target the
places that women like me were hanging out and give
them the options of preventing pregnancy?
Lastly I realize this bill does not affect me
personally, however, I have a daughter, and I would
like to know that she will continue to have options and
decisions to make without being forced to make a
decision because of what lawmakers believe what is
right for her.
Number 1069
AMY BOLLENBACH testified via teleconference from Homer. She
expressed her strong opposition to HB 329. She agreed with all
the people who testified today, particularly with Dr. Whitefield
and Dr. Murphy saying more work needs to be done on getting
contraceptives out to people in Alaska. She found it ironic that
the committee discussed Fetal Alcohol Syndrome earlier because
this is one of the horrible things happening in the state and
frankly, abortion is one of the ways to deal with this very
serious problem. She noted that the current legislature wants to
cut funds to the Division of Family and Youth Services and
possibly to education and to other services to children. It is
unconscionable to add more unwanted children into the world when
the ones already here aren't being taken care of. She believes
that the Women's Liberation Movement was the most important
movement of the twentieth century, and she is sad to see this
continual attack on the right of women to abortion.
Number 0984
CHAIRMAN DYSON commented that people who are concerned about
children who are not being taken care of, can adopt them, be a
foster parent or big sister. Also, for those services that need
more money, all of Alaska's citizens can donate money or the
permanent fund dividend to those departments.
Number 0949
ROSE MIDEROS (ph) came forward to speak on the point of
psychological effects of abortion. Neither the American
Psychological Association or the American Psychiatric Association
recognize any widespread psychological or psychiatric problems
among women who have had abortion. These are the people who
write the diagnostic and statistical manual that is used to
diagnose mental illness; they would know. Surveys of women who
have had abortions show that an overwhelming majority feel
positively about the experience and would make the same choice if
they had to option to repeat the experience. Further, the
majority of scientifically sound studies on the subject have
revealed that any lasting psychological effects of abortion are
positive rather than negative. The only time abortion has been
found to produce reliable, long-term negative emotional effects
is when a wanted pregnancy is terminated for medical reasons.
Number 0895
DR. PETER NAKAMURA, Director, Central Office, Division of Public
Health, Department of Health & Social Services, came forward to
testify. He commented that the change of the definition of
"conception" to "fertilization" is pretty scary; the way the word
"fertilization" is used in the document, page 5, line 31,
"pregnant or pregnancy means the female reproductive condition of
having a developing fetus in the body from the time of
fertilization" still presents a problem in the use of medical
treatment using drugs or other products for other diseases. As
he mentioned earlier, from the time of fertilization, most
fertilized ovum pass through the body and never come to the state
of conception, where it fixes to the body, and the body starts to
respond with hormones.
DR. NAKAMURA went through the issues that came up with
Representative Brice. On page 3, line 31, there is a requirement
that the pregnant female be domiciled in the state for at least
30 days before the abortion. Very often an Alaskan child may
come back from school outside and consult with her parents about
an abortion procedure and then be required to wait another 30
days before a procedure can take place. That can put her into a
much more dangerous time than an abortion done initially. That
is a problem. On page 4, line 3, the issue of civil liability
for physicians: that is just coercing physicians by putting
something else on the table that threatens their practice and the
way they deal with medical issues. The whole consultation issue
is really biased consultation not informed consent. He believes
he can defend that because it doesn't present the risk involved
in a normal pregnancy against that of an abortion.
CHAIRMAN DYSON pointed out page 2, lines 25-26, where it includes
informing "the medical risks commonly associated with carrying an
unborn child to term;"
DR. NAKAMURA apologized for missing that. It is very important
that that be included because there are some risks in carrying a
child to term.
DR. NAKAMURA noted that there was a false and unverified
implication of the many medical and psychological risks related
to an abortion. He said that a lot of literature and studies
would counter those kinds of charges.
Number 0652
DR. NAKAMURA referred to the 24-hour waiting period. He knows
from previous experiences that every barrier put up to accessing
abortion services makes a longer period of time before it
actually takes place. There is about a 20 percent increase in
risk for every week that the procedure is delayed after the
eighth week.
DR. NAKAMURA noted in medicine there are several ways to respond
to a problem or disease. It can be made less harmful by
relieving the pain and maybe reducing the level of damage or
curing with medications or intervention or preventing the
problem. Preventing the problem is much better. In his mind,
prevention is not having this bill pass beyond this committee.
Number 0495
REPRESENTATIVE COGHILL made a motion to move SSHB 329, as
amended, out of committee with individual recommendations and the
attached fiscal note.
Number 0458
REPRESENTATIVE KEMPLEN objected. He noted that the issues raised
in testimony and correspondence cause him significant concern
particularly those pointed out by correspondence from the
Department of Law, which noted that the 24-hour waiting period
will cause hardship for poor, rural women and that will be
subject to challenge in terms of its constitutionality and the
lack of consideration for women who are pregnant due to rape or
incest or who carry a fetus with a lethal fetal anomaly. The
bill is not balanced in terms of the information required to be
presented. The wording is troubling in instances where there is
a clear bias. He respectfully asked his colleagues to rethink
their position on this bill.
REPRESENTATIVE WHITAKER noted that anytime abortion is discussed,
it becomes a very emotional issue. He agreed that all this bill
is asking is to stop and think before a human life is terminated.
He urged support for HB 329.
A roll call vote was taken. Representatives Coghill, Green,
Morgan, Whitaker and Dyson voted in favor of moving the bill.
Representative Kemplen voted against it. Representative Brice
was absent. Therefore, CSSSHB 329(HES) moved from the House
Health, Education and Social Services Standing Committee by a
vote of 5-1.
CHAIRMAN DYSON called for an at-ease at 4:40 p.m. in order to
prepare for the Alaska Council of School Administrators Report.
[The minutes for the Alaska Council of School Administrators
Report are found in the 4:41 p.m. cover sheet for the same date.]
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