Legislature(2003 - 2004)

02/11/2004 01:09 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 11, 2004                                                                                        
                           1:09 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative Tom Anderson, Vice Chair                                                                                         
Representative Dan Ogg                                                                                                          
Representative Ralph Samuels                                                                                                    
Representative Les Gara                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Jim Holm                                                                                                         
                                                                                                                              
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Fred Dyson                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 292                                                                                                              
"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."                                                                                                                     
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 292                                                                                                                  
SHORT TITLE: ABORTION: INFORMED CONSENT; INFORMATION                                                                            
SPONSOR(S):  REPRESENTATIVE(S) DAHLSTROM                                                                                        
                                                                                                                                
04/30/03       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/30/03       (H)       HES, JUD                                                                                               
05/06/03       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
05/06/03       (H)       Heard & Held                                                                                           
05/06/03       (H)       MINUTE(HES)                                                                                            
05/08/03       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
05/08/03       (H)       Heard & Held                                                                                           
05/08/03       (H)       MINUTE(HES)                                                                                            
05/13/03       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
05/13/03       (H)       -- Meeting Canceled --                                                                                 
05/15/03       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
05/15/03       (H)       Moved CSHB 292(HES) Out of Committee                                                                   
05/15/03       (H)       MINUTE(HES)                                                                                            
05/17/03       (H)       HES RPT CS(HES) 5DP 2NR                                                                                
05/17/03       (H)       DP: SEATON, COGHILL, WOLF, GATTO,                                                                      
05/17/03       (H)       WILSON; NR: KAPSNER, CISSNA                                                                            
02/11/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
VANESSA TONDINI, Staff                                                                                                          
to Representative Lesil McGuire                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As committee aide, answered questions                                                                      
regarding HB 292, Version S.                                                                                                    
                                                                                                                                
REPRESENTATIVE NANCY DAHLSTROM                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as sponsor of HB 292.                                                                                
                                                                                                                                
THEDA PITTMAN                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Participated in discussion of HB 292.                                                                      
                                                                                                                                
KAREN VOSBURGH, Executive Director                                                                                              
Alaska Right to Life                                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 292.                                                                            
                                                                                                                                
COLLEEN MURPHY, M.D.                                                                                                            
Obstetrician/Gynecologist (OB/GYN)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 292 and                                                                      
answered questions.                                                                                                             
                                                                                                                                
DEBBIE JOSLIN, President                                                                                                        
Eagle Forum Alaska                                                                                                              
Delta Junction, Alaska                                                                                                          
POSITION STATEMENT:  Testified in support of HB 292.                                                                            
                                                                                                                                
REGINA MANTEUFEL, Owner                                                                                                         
Regina's Rooming House                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition of HB 292.                                                                         
                                                                                                                                
ANNE HARRISON,                                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified as a retired RN and nurse                                                                        
practitioner in opposition to HB 292.                                                                                           
                                                                                                                                
EILEEN BECKER, Director                                                                                                         
Pregnancy Care Center of Homer                                                                                                  
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 292.                                                                            
                                                                                                                                
CAROLYN V. BROWN, M.D., Master of Public Health (M.P.H.)                                                                        
Obstetrician/Gynecologist (OB/GYN)                                                                                              
Douglas, Alaska                                                                                                                 
POSITION STATEMENT:  Her testimony in opposition to HB 292 was                                                                  
read by Robin Smith.                                                                                                            
                                                                                                                                
VICKI HALCRO, Director of Public Affairs and Marketing                                                                          
Planned Parenthood of Alaska                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 292.                                                                         
                                                                                                                                
PAULINE UTTER                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Spoke in opposition to HB 292.                                                                             
                                                                                                                              
CASSANDRA JOHNSON, Executive Director                                                                                           
Alaska Pro-Choice Alliance                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified against HB 292.                                                                                  
                                                                                                                              
RUTH ABBOTT                                                                                                                     
Delta Junction, Alaska                                                                                                          
POSITION STATEMENT:  Testified in support of HB 292.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-13, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  LESIL   McGUIRE  called   the  House   Judiciary  Standing                                                             
Committee  meeting  to  order  at   1:09  p.m.    Representatives                                                               
McGuire,  Anderson,  Ogg,  Samuels,   Gara,  and  Gruenberg  were                                                               
present  at  the call  to  order.    Senator  Dyson was  also  in                                                               
attendance.                                                                                                                     
                                                                                                                                
HB 292-ABORTION: INFORMED CONSENT; INFORMATION                                                                                
                                                                                                                                
[Contains discussion of SB 30, the companion bill]                                                                              
                                                                                                                                
Number 0037                                                                                                                     
                                                                                                                                
CHAIR MCGUIRE announced that the  only order of business would be                                                               
HOUSE BILL NO. 292, "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."    [Before   the  committee  was                                                               
CSHB 292(HES).]                                                                                                                 
                                                                                                                                
CHAIR MCGUIRE, citing the emotional  and sensitive issue that was                                                               
before the  committee, set  these ground rules:   she  asked that                                                               
all people participating  in the meeting conduct  themselves in a                                                               
professional  and civil  manner; she  limited testimony  to three                                                               
minutes,  mentioning that  if testifiers  had more  to say,  they                                                               
could fax or  e-mail testimony to her and the  testimony would be                                                               
distributed  to  every person  on  the  House Judiciary  Standing                                                               
Committee; she  suggested that rather  than repeating  a previous                                                               
point, the witnesses refer to that point to save time.                                                                          
                                                                                                                                
Number 0207                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SAMUELS moved  to  adopt  the proposed  committee                                                               
substitute  (CS)  for  HB   292,  Version  23-LS0867\S,  Mischel,                                                               
2/5/04, as  a work draft.   There  being no objection,  Version S                                                               
was before the committee.                                                                                                       
                                                                                                                                
CHAIR MCGUIRE  said she  was going  to go  over the  changes that                                                               
Version  S has  that  HB 292  doesn't for  the  benefit of  those                                                               
people who don't support the  changes, or do support the changes,                                                               
or want  more changes.  Reading  from Version S, she  stated that                                                               
the legislative  findings are all  the same in Version  S, except                                                               
for  paragraph (4)[which  has been  removed in  Version S].   She                                                               
gave the reasoning behind that  change, stating that she believed                                                               
the  Department  of  Health  and   Social  Services  should  have                                                               
latitude in producing  the information, and she felt  that it was                                                               
appropriate, that  from a legislative committee  perspective, the                                                               
committee  should give  as much  discretion  as they  can to  the                                                               
department;  she believes  that making  the information  printed,                                                               
rather than online, accomplished that.                                                                                          
                                                                                                                                
CHAIR  MCGUIRE continued  to explain  the deletion  of paragraphs                                                               
(4)  and (5)  in Section  1 [of  Version S]  because they  had an                                                               
online rather  than a printed  requirement, which, as  she stated                                                               
before, she  felt offered the  department more latitude.   Moving                                                               
on to  Section 2  in Version  S, she  explained that  nothing has                                                               
been changed  from the former  version, but she pointed  out that                                                               
on page  2, line  12 [paragraph (C)],  the information  there was                                                               
dealing with contraception and therefore  she'd deleted a section                                                               
later that she felt was covered in this section.                                                                                
                                                                                                                                
Number 0464                                                                                                                     
                                                                                                                                
CHAIR MCGUIRE continued explaining section  2.  She said that she                                                               
deleted  [paragraphs]  (9) and  (10)  from  the previous  version                                                               
because  she believed  that  they  had nothing  to  do with  this                                                               
particular bill.   She stated  that she deleted  [paragraph] (10)                                                               
because, in  her opinion, the  information that was  being shared                                                               
had serious privacy implications.                                                                                               
                                                                                                                                
CHAIR  MCGUIRE  shared  that  Section 3,  which  deals  with  the                                                               
requirements that must  be met before performing  an abortion, is                                                               
already  state law.   She  went on  to explain  that she  deleted                                                               
Section  4 from  the previous  version  because she  felt it  was                                                               
flawed the  way it was and  it was unprecedented to  have a cause                                                               
of action  simply for  failure to  provide the  informed consent.                                                               
She shared  that she wanted  to have a good  committee discussion                                                               
to  explore any  possible way  to get  some other  ideas on  that                                                               
subject because  she knows  that the  sponsor wants  something in                                                               
the bill that deals with that subject.                                                                                          
                                                                                                                                
Number 0638                                                                                                                     
                                                                                                                                
CHAIR MCGUIRE  stated that the rest  of Version S is  pretty much                                                               
the same, but what is different  is the deletion of any reference                                                               
to the State Medical Board.   She explained that she has met with                                                               
members  of the  State Medical  Board and  they expressed  to her                                                               
that  its main  functions are  the licensure,  regulation of  the                                                               
conduct  of  physicians,  and  dealing  with  malpractice  cases.                                                               
Chair  McGuire said  that the  State Medical  Board doesn't  have                                                               
enough  time  to   do  all  the  things  that   it  is  presently                                                               
responsible for, so  she feels that it is appropriate  that it is                                                               
deleted from  this bill.  She  added that this deletion  leaves a                                                               
very big question  for the House Judiciary  Standing Committee to                                                               
answer,  because the  bill states  that the  information must  be                                                               
presented to  a woman before  an abortion is performed,  but this                                                               
information must first be produced.                                                                                             
                                                                                                                                
Number 0692                                                                                                                     
                                                                                                                                
CHAIR MCGUIRE  noted that the  bill dictates that  the Department                                                               
of  Health and  Social Services  would produce  this information.                                                               
She  stated  that after  her  meeting  with  two women  from  the                                                               
department, [it  was determined  that] the  question of  who will                                                               
actually put  this information together  is one that needs  to be                                                               
addressed  by  the House  Judiciary  Standing  Committee.   Chair                                                               
McGuire noted  that the state  medical board told her  that there                                                               
isn't an OB/GYN [obstetrician/gynecologist] on  the board, so the                                                               
way  the bill  was originally  worded would  have had  lay people                                                               
setting the precedents for informed  consent for abortion; in her                                                               
opinion, that is a problem.                                                                                                     
                                                                                                                                
Number 0765                                                                                                                     
                                                                                                                                
CHAIR MCGUIRE posed the question,  should the people making those                                                               
decisions dealing with  abortion be someone in  the Department of                                                               
Health and Social Services?  She  stated that she didn't know the                                                               
answer, and the  committee would have to discuss that.   She then                                                               
asked for  the opinion of the  people who were at  the meeting or                                                               
the  people  who  were  on   [teleconference].    She  then  drew                                                               
attention to the  state statutes that deal  with abortion, citing                                                               
that she wasn't  that familiar with the State  of Alaska's stance                                                               
on abortion  until recently.   Chair  McGuire read  from existing                                                               
state  statutes,  emphasizing  the  number  of  regulations  that                                                               
already exist in  Alaska dealing with abortion,  namely, Title 18                                                               
and 12 AAC  40.070.  She pointed out that  all the state statutes                                                               
that deal  with abortion were  included in the  members' packets.                                                               
She also noted  that the statutes should be important  to all, no                                                               
matter what side they align themselves with on the issue.                                                                       
                                                                                                                                
CHAIR MCGUIRE  then posed the  question that the  bill addresses,                                                               
should these  regulations that already  exist be made  into state                                                               
law?   She went on  to explain that Representative  Dahlstrom was                                                               
there to  discuss, as sponsor,  why the [State of  Alaska] should                                                               
determine the  type of information  that a woman needs  to review                                                               
before  an  abortion  is  performed,  and  in  what  manner  that                                                               
information should be distributed.                                                                                              
                                                                                                                                
Number 0958                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GRUENBERG  cited   recent  cases   dealing  with                                                               
abortion and asked  for a list of those cases  so that they could                                                               
be reviewed by the committee.                                                                                                   
                                                                                                                                
Number 0997                                                                                                                     
                                                                                                                                
VANESSA TONDINI,  Staff to  Representative Lesil  McGuire, Alaska                                                               
State Legislature, speaking as the  committee aide, said that she                                                               
had a  list of  all the  recent state  and federal  cases dealing                                                               
with  abortion prepared  and  that  she would  get  them for  the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR MCGUIRE  noted that [her  office] had been going  over many                                                               
cases in  recent months, and  she felt  that it would  be helpful                                                               
for  the committee  to see  the recent  jurisprudence.   She then                                                               
stated  that she  had just  received a  letter from  the attorney                                                               
general  for  the  State of  Alaska  that  raises  constitutional                                                               
concerns in various sections of the bill.                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG amended his  last request to include any                                                               
attorney general's opinions that have been promulgated.                                                                         
                                                                                                                                
CHAIR MCGUIRE opened public testimony  and explained that she had                                                               
no idea as  to what side of the issue  that the witnesses aligned                                                               
themselves, so if  she called on three pro-choice  witnesses in a                                                               
row, it was  unintentional.  She went on to  explain that she was                                                               
going to  take testimony from  one witness from  each Legislative                                                               
Information  Office (LIO)  and rotate  every time  so that  every                                                               
region got its fair time to speak.                                                                                              
                                                                                                                                
Number 1063                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA  inquired if  every LIO  had the  most recent                                                               
version of  the bill so everyone  would be reading from  the same                                                               
document.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  MCGUIRE then  pointed  out what  version was  the                                                               
most current, [Version  S], and asked if a  particular LIO didn't                                                               
have  that version,  that the  witness  note it  when they  start                                                               
testifying.                                                                                                                     
                                                                                                                                
Number 1145                                                                                                                     
                                                                                                                                
REPRESENTATIVE  NANCY  DAHLSTROM,  Alaska State  Legislature,  as                                                               
sponsor, thanked  Representative McGuire and the  House Judiciary                                                               
Standing Committee for hearing HB  292.  Representative Dahlstrom                                                               
explained that  HB 292 has a  companion bill, SB 30,  and the aim                                                               
of both  of those  bills is  to provide pregnant  women a  way in                                                               
which  to  make  informed  decisions   about  their  health  care                                                               
options.   She explained that HB  292 sets out to  raise existing                                                               
regulations that  have been in  place since the early  1970s into                                                               
statute.    She  addressed   specific  regulations  that  require                                                               
physicians  who  perform  or  induce  abortions  to  explain  the                                                               
medical  implications,  as well  as  the  possible emotional  and                                                               
physical  consequences,  of having  an  abortion  to the  patient                                                               
before she elects to have the procedure.                                                                                        
                                                                                                                                
REPRESENTATIVE DAHLSTROM added that HB  292 not only raises these                                                               
regulations  into  statute,   but  standardizes  the  information                                                               
presented [to]  the patients  by means of  a web  site maintained                                                               
and  updated by  the Department  of Health  and Social  Services.                                                               
She pointed out that in the  Version S that the references to the                                                               
web site  have been deleted.   She  then voiced her  request that                                                               
the Internet  site be included  in the bill because  she believes                                                               
that  the   infrastructure  that  has   been  set  up   in  rural                                                               
communities would allow people that  live in those communities to                                                               
access  the  information  before  they visited  a  doctor.    She                                                               
continued  that  the web  site  and  printed material  will  list                                                               
accurate,   objective,    unbiased,   and    updated   scientific                                                               
information that  explains the resources available  to a pregnant                                                               
woman and  also assists  her in making  and implementing  her own                                                               
reproductive decisions.                                                                                                         
                                                                                                                                
REPRESENTATIVE DAHLSTROM  stated that her  intent with HB  292 is                                                               
to  enable  women to  make  healthy,  educated choices  regarding                                                               
their own  individual and private circumstances.   She reiterated                                                               
her thanks  to the  House Judiciary  Standing Committee  and said                                                               
that she  would be present  throughout the meeting to  answer any                                                               
questions that may arise.                                                                                                       
                                                                                                                                
CHAIR MCGUIRE  referred to  page 2,  [lines 1-2],  subsection (a)                                                               
[Version S],  "The department shall  produce, in  printable form,                                                               
standard  information   that".    She  asked   if  Representative                                                               
Dahlstrom thought Internet was not included.                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM clarified that  she preferred the words,                                                               
"shall maintain, on the Internet  and in printable form, standard                                                               
information ...", to be added after "department".                                                                               
                                                                                                                                
CHAIR MCGUIRE  asked that Representative Dahlstrom  and her staff                                                               
consider  changing that  language  in other  parts  of the  bill,                                                               
where appropriate.                                                                                                              
                                                                                                                                
Number 1312                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  responded  she  and  her  staff  would                                                               
attend to  the language  by next Wednesday,  and stated  that her                                                               
concerns  about   liabilities  had  already  been   addressed  by                                                               
Representative McGuire.                                                                                                         
                                                                                                                                
Number 1357                                                                                                                     
                                                                                                                                
THEDA PITTMAN discussed public policy implications of the bill.                                                                 
Her testimony is as follows:                                                                                                    
                                                                                                                                
     Those  who  testify  in favor  and  those  who  testify                                                                    
     against such laws  do have strong feelings,  as I think                                                                    
     you've noticed.   It seems  to me that  laws regulating                                                                    
     abortion  must strike  a  balance  between two  things:                                                                    
     when is a fetus entitled  to legal protection, and when                                                                    
     is a pregnant  woman entitled to make  her own decision                                                                    
     about   terminating   a   pregnancy?      Finding   the                                                                    
     appropriate balance  for state regulation is  a complex                                                                    
     matter,  and  you  have to  take  into  account  health                                                                    
     issues, as  well as  privacy issues,  as well  as legal                                                                    
     issues such as the liability issues mentioned.                                                                             
                                                                                                                                
     In  the past  5-6 years  in Alaska,  we have  seen what                                                                    
     happens  when lawmakers  import model  legislation from                                                                    
     elsewhere - legislation which  is designed to challenge                                                                    
     the federal  standard set  out by Roe  v. Wade.   Time,                                                                  
     energy, and  money is  spent in court  by the  state as                                                                    
     well as those who've challenged  those laws.  Those who                                                                    
     championed such restrictions may  have spent some funds                                                                    
     filing  amicus  briefs  or  monitoring  the  case,  but                                                                    
     essentially  they  are  free  to  sit  back  and  watch                                                                    
     plaintiffs and the state pay the bills.                                                                                    
                                                                                                                                
     The state does have  a legitimate interest in pregnancy                                                                    
     and the  outcome of  pregnancy, but  the best  place to                                                                    
     look  for guidance  regarding abortion,  I believe,  is                                                                    
     Roe v.  Wade.   This federal  decision is  condemned by                                                                  
     those who might like to  see all abortion outlawed.  In                                                                    
     some cases,  those same people would  condemn any birth                                                                    
     control as  destructive of  life, and  I don't  mean my                                                                    
     poor drafting  to indicate that  I think  birth control                                                                    
     and abortion are synonymous or  should be.  But [Roe v.                                                                  
     Wade] is very clear.  Its  use would allow the state to                                                                  
     properly  assert  its  position  with  respect  to  the                                                                    
     balance between  the developing life  of the  fetus and                                                                    
     the existing person, the pregnant woman.                                                                                   
                                                                                                                                
     Under the  terms of [Roe  v. Wade], a state  may outlaw                                                                  
     abortion:   after fetal  viability, and  with exception                                                                    
     for  rape, incest,  the  health, and  the  life of  the                                                                    
     pregnant woman.   Such  a restriction  would adequately                                                                    
     cover   the   myths   of   women   aborting   full-term                                                                    
     pregnancies moments  before birth.  After  viability, a                                                                    
     pregnant woman  may not want  to have a child,  but, if                                                                    
     so,  should  be looking  at  the  question of  adoption                                                                    
     rather than abortion.                                                                                                      
                                                                                                                                
Number 1483                                                                                                                     
                                                                                                                                
MS. PITTMAN continued:                                                                                                          
                                                                                                                                
     Using [Roe v. Wade] as  your public policy standard for                                                                  
     legislation will  not satisfy those who  want the state                                                                    
     to  insist   that  women  be  forced   to  carry  every                                                                    
     pregnancy to  term, regardless  of gestation  period or                                                                    
     the reason for the pregnancy.   It will, however, allow                                                                    
     the  state to  assert its  interest in  developing life                                                                    
     without trampling over women.   With a proposal such as                                                                    
     the  one before  you, you  are put  in the  position of                                                                    
     demanding  to be  present  in the  examining  room.   I                                                                    
     can't think  of anything  more like  Big Brother  - and                                                                    
     Alaskans cherish their autonomy.                                                                                           
                                                                                                                                
     So, I ask you to please  put a stop to this legislation                                                                    
     in  its current  form.   And, I  would say,  thank you,                                                                    
     Representative Dahlstrom for knowing  that we all share                                                                    
     the  desire to  allow pregnant  women to  make healthy,                                                                    
     educated  choices.   As long  as we  all remember  that                                                                    
     that's  what  we're  about, that's  why  we're  talking                                                                    
     about  this legislation,  perhaps  that  will make  the                                                                    
     decision-making go more smoothly.                                                                                          
                                                                                                                                
Number 1630                                                                                                                     
                                                                                                                                
KAREN  VOSBURGH,  Executive  Director,   Alaska  Right  to  Life,                                                               
explained there were 60,000 people  in her organization who agree                                                               
that women need  to know exactly what [the  legislature] is doing                                                               
with the  most important decision  of their lives.   She reported                                                               
that  80 percent  of women  nationwide  feel they  are not  being                                                               
given  this information.   She  said it  was very  important that                                                               
this  legislation be  created  and pointed  out  that most  other                                                               
states already have  similar legislation.  She stated  that it is                                                               
important that women know what  can happen to them physically and                                                               
psychologically, and  to know about  the developing  child within                                                               
them.                                                                                                                           
                                                                                                                                
Number 1595                                                                                                                     
                                                                                                                                
MS. VOSBURGH gave information about  the breast cancer lawsuit in                                                               
Pennsylvania  where a  high school  girl  was advised  by a  high                                                               
school  counselor  to  travel  across  state  lines  to  have  an                                                               
abortion.  Afterwards,  the girl did research and  found out that                                                               
breast cancer  is a factor  after having an  abortion, especially                                                               
before having a  live birth.  She sued the  school system and the                                                               
abortionist and  won.   Ms. Vosburgh  believed it  very important                                                               
for the state to take a close look at that particular case.                                                                     
                                                                                                                                
MS.  VOSBURGH, reflecting  on  the  previous speaker's  statement                                                               
that  pro-abortion groups  say that  they  are pro-women,  stated                                                               
that she believed the following:                                                                                                
                                                                                                                                
     There  are a  lot of  women suffering  out there,  from                                                                    
     abortions.  After they have  abortions, over 90 percent                                                                    
     of women have psychological  damage, and we're not even                                                                    
     talking about  the physical damages of  infertility and                                                                    
     other problems.                                                                                                            
                                                                                                                                
MS.  VOSBURGH  emphasized that  women  need  to know  that  "pro-                                                               
abortion  people do  not want  this  information to  be given  to                                                               
women.   They're  actually  censoring ...."    She repeated  that                                                               
women can make  decisions, but they need to know  what can happen                                                               
to them  and their developing child.   She stated that  this bill                                                               
was important,  thanked the committee,  and urged it to  pass the                                                               
bill.                                                                                                                           
                                                                                                                                
Number 1675                                                                                                                     
                                                                                                                                
COLLEEN   MURPHY,   M.D.,   Obstetrician/Gynecologist   (OB/GYN),                                                               
testified in  opposition to HB  292 and answered questions.   She                                                               
told the  committee she  has been  practicing in  Anchorage since                                                               
1987,   is   board-certified   by   the   American   College   of                                                               
Obstetricians  and  Gynecologists  (ACOG),  and  is  an  abortion                                                               
provider.  She registered disagreement  and non-support of HB 292                                                               
because  she  said  it  represents an  anti-privacy  bill.    She                                                               
emphasized  that the  issue is  neither pro-choice  nor pro-life,                                                               
but  rather,   pro-privacy.    Every   medical  encounter   is  a                                                               
personalized,  individualized decision  between  the patient  and                                                               
the provider, she  said, and HB 292 interferes  with this privacy                                                               
decision.                                                                                                                       
                                                                                                                                
Number 1743                                                                                                                     
                                                                                                                                
DR. MURPHY continued to say:                                                                                                    
                                                                                                                                
     There's  really a  lot of  discrepancy as  to why  this                                                                    
     particular  procedure   would  warrant   such  invasive                                                                    
     informed   consent  when,   in  fact,   termination  of                                                                    
     pregnancy  is  safer than  many  of  the common  OB/GYN                                                                    
     procedures as  well as many  other procedures  in other                                                                    
     specialties.                                                                                                               
                                                                                                                                
DR.  MURPHY  added   that,  at  this  point,  when   she  does  a                                                               
hysterectomy, where [the patient] has  a 1/1,000 chance of dying,                                                               
she  does not  force  the  woman to  see  pictures  of the  blood                                                               
vessels, or the  uterus, or some of the changes  and damages that                                                               
can occur.   The patient  does not have to  wait a full  24 hours                                                               
before proceeding.   She emphasized  that the chance of  dying is                                                               
less than  1/1,000 for  a safe,  legal termination  of pregnancy.                                                               
She  stated if  the  legislature wanted  to  be consistent,  then                                                               
equal  protection  to  all informed-consent  medicine  should  be                                                               
provided, in  addition to  a 24-hour  wait, so  that this  is not                                                               
seen as  an unequal protection  procedure.  She also  stated that                                                               
the 24-hour wait period has  no medical justification; rather, it                                                               
is obstructionist, and makes for higher costs and longer delays.                                                                
                                                                                                                                
Number 1803                                                                                                                     
                                                                                                                                
DR.  MURPHY added  that she  has had  private conversations  with                                                               
medical board  members.   Based on  what was  told to  her during                                                               
those conversations, she  stated, the board is  not supportive of                                                               
the role that it  is being asked to take in HB 292.   She went on                                                               
that there wasn't a OB/GYN in  the state that would be willing to                                                               
participate in the program, citing  that because of the standards                                                               
set by the ACOG a registered  OB/GYN might get censured if he/she                                                               
participated in creating the information  that was required in HB
292.                                                                                                                            
                                                                                                                                
Number 1867                                                                                                                     
                                                                                                                                
CHAIR MCGUIRE thanked Dr. Murphy  for her testimony and explained                                                               
to her that  the proposed CS before the  committee addressed some                                                               
of  her concerns  regarding  the medical  board.   Chair  McGuire                                                               
added that  the testimony  brought to  light some  other concerns                                                               
dealing  with OB/GYNs  and  the  medical board.    She asked  Dr.                                                               
Murphy if  she would be willing  to explain to the  committee the                                                               
typical steps that occur when performing an abortion.                                                                           
                                                                                                                                
DR. MURPHY explained  that some of the  larger abortion practices                                                               
use a  telephone message service  where the patients dial  in and                                                               
receive information about informed  consent while they make their                                                               
appointment.  She cited two  clinics that use the message service                                                               
Alaska Women's  Health Services,  and her  own, and  provided the                                                               
phone number that the patients  are directed to:  (907) 743-0325.                                                               
Dr.  Murphy continued  that a  lot of  women are  looking on  the                                                               
Internet  before  making  decisions  on their  health  care,  she                                                               
shared that abortion  has been a well-researched  decision by the                                                               
time  the women  come into  her office.   Dr.  Murphy added  that                                                               
there are printed materials that  are available for women to read                                                               
as well,  and she would  be happy to  fax those materials  to the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR MCGUIRE  clarified that Dr.  Murphy's main concern  with HB
292  was that  it  was an  invasion of  the  privacy that  exists                                                               
between  a  doctor and  a  patient,  not  the  fact that  it  was                                                               
providing information  on potential side effects  associated with                                                               
abortion or the alternatives that are available.                                                                                
                                                                                                                                
Number 1986                                                                                                                     
                                                                                                                                
DR.  MURPHY agreed  absolutely that  HB  292 was  an invasion  of                                                               
privacy, and  added that many  patients in Alaska do  not receive                                                               
same-day   or  next-day   appointments,   and  particularly   for                                                               
termination services there is generally  a one-week to three-week                                                               
waiting  period to  contemplate  their decision  and to  research                                                               
their  options.   Dr. Murphy  gave her  opinion that  adding more                                                               
time to the  process only makes the women further  along in their                                                               
pregnancy when they  get an abortion.  Dr.  Murphy reiterated her                                                               
pro-privacy  stance  and  said  that   HB  292  takes  away  from                                                               
individualized health care.                                                                                                     
                                                                                                                                
CHAIR  MCGUIRE inquired  about medical  malpractice lawsuits  and                                                               
how they are  related to the informed consent, and  if there were                                                               
any  other  medical  procedures  that  have  legal  ramifications                                                               
simply because the doctor did not give informed consent.                                                                        
                                                                                                                                
DR.  MURPHY  answered   that  she  is  held   to  many  different                                                               
guidelines and  standards as  a medical  provider in  Alaska, and                                                               
pointed  out   that  she  has   to  uphold  state   statutes  and                                                               
regulations,  as well  as  guidelines  set out  by  the board  of                                                               
certified OB/GYNs.  She opined  that passing this legislation was                                                               
redundant  because many  of the  guidelines that  it sets  up are                                                               
already  established  by  the  state  as well  as  the  board  of                                                               
OB/GYNs.    Dr. Murphy  explained  that  she  can  be sued  on  a                                                               
national level  because she is  held to national  guidelines, and                                                               
offered to  fax the guidelines  to the committee.   She continued                                                               
that the guidelines  that are set in place already  are very well                                                               
designed  within the  practice of  medicine.   She added  that in                                                               
malpractice lawsuits there needs to  be a link between damages to                                                               
the patient and  a cause of action by the  doctor and there needs                                                               
to  be proof  of  negligence.   She  stated  that  even the  most                                                               
meticulously  written  informed-consent  contract can  be  micro-                                                               
examined  during litigation,  and she  feels that  requiring this                                                               
documentation   does  nothing   to  protect   the  doctors   from                                                               
malpractice lawsuits.                                                                                                           
                                                                                                                                
CHAIR MCGUIRE asked for the  copies of the informed-consent forms                                                               
that Dr.  Murphy has, and  for a copy  of the state  and national                                                               
guidelines that she has to adhere to.                                                                                           
                                                                                                                                
DR.  MURPHY  agreed  to  fax  or send  that  information  to  the                                                               
committee.                                                                                                                      
                                                                                                                                
Number 2169                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA asked for Dr.  Murphy to validate some of the                                                               
information  that he  had regarding  abortion,  dealing with  the                                                               
lack of availability of abortion  services for women in Southeast                                                               
Alaska as well as other parts  of the state and how that affected                                                               
their use of those services.                                                                                                    
                                                                                                                                
DR.  MURPHY agreed  that because  the signs  of pregnancy  are so                                                               
variable, many  women do  not receive  prenatal care  or abortion                                                               
care until  around six  weeks after conception.   She  added that                                                               
the abortion pill that is widely  used in France would help those                                                               
women in terminating  their pregnancy if it were used  on a wider                                                               
scale in Alaska.                                                                                                                
                                                                                                                                
REPRESENTATIVE GARA asked  for a timeframe when a  woman would be                                                               
able to  ascertain that she  is pregnant  and then start  to make                                                               
any decisions regarding her pregnancy.                                                                                          
                                                                                                                                
DR. MURPHY said that it varies,  depending on how a woman follows                                                               
her body  signs, stating that a  lot of women can  tell that they                                                               
are pregnant even before they miss  their period.  She went on to                                                               
add that she just delivered a baby  for a woman that was 36 weeks                                                               
pregnant and  never missed her  period.   She added that  in most                                                               
cases  a woman  will  become suspicious  after  her first  missed                                                               
period and  then get a  home pregnancy test, but  reiterated that                                                               
these cases are very dependent  on socioeconomic status, age, and                                                               
other factors.   She reverted back to talk  about her pro-privacy                                                               
stance  and referred  to other  legislation that  interfered with                                                               
care by  delaying care and  creating barriers to  obtaining help.                                                               
She stated  that the bottom  line is  that people will  still get                                                               
abortions, but  this legislation will  result in higher  fees and                                                               
more time missed from work, all  the while not providing any more                                                               
service to the patient.                                                                                                         
                                                                                                                                
Number 2368                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG, referring to paragraphs  (6), (7), and (8) of                                                               
[Version S],  asked for  clarification on  the way  that informed                                                               
consent is  handled at this time,  and if the doctors  provided a                                                               
consultation  like   the  one  described   in  the   bill  before                                                               
proceeding with an abortion.                                                                                                    
                                                                                                                                
TAPE 04-13, SIDE B                                                                                                            
Number 2390                                                                                                                     
                                                                                                                                
DR. MURPHY  said that in  the information  that she was  going to                                                               
fax the committee it described  the processes that occur before a                                                               
woman can  terminate a pregnancy.   She emphasized that  having a                                                               
safe,  legally  performed  termination of  pregnancy  during  the                                                               
first trimester - which she pointed  out is 14 weeks according to                                                               
ACOG, whether it  be by medical or surgical [means],  is 12 times                                                               
safer than carrying a pregnancy  full-term, when dealing with the                                                               
mother's  risk  of  dying.    She  explained  further  that  when                                                               
obtaining  informed consent,  she performs  an ultrasound,  shows                                                               
that ultrasound to  the patient, explains to the  patient how far                                                               
along the  pregnancy is, explains the  likelihood of miscarriage,                                                               
emphasizes that the organs in the  fetus are formed and will only                                                               
be  getting larger,  and asks  the patient  at that  time if  she                                                               
wants  to proceed  with the  termination of  her pregnancy.   She                                                               
added that after  the procedure, the woman receives  a picture of                                                               
the ultrasound to take with her.                                                                                                
                                                                                                                                
REPRESENTATIVE   OGG   stated   that  his   impression   of   the                                                               
consultation  requirements, although  they  are  not required  at                                                               
this time  under the  Alaska Administrative  Code, is  that every                                                               
practitioner undergoes a similar process.                                                                                       
                                                                                                                                
Number 2285                                                                                                                     
                                                                                                                                
DR.  MURPHY  explained  that   each  doctor's  implementation  is                                                               
different, but that  they are all very thorough  and provide safe                                                               
medical services in Alaska.                                                                                                     
                                                                                                                                
Number 2269                                                                                                                     
                                                                                                                                
DEBBIE JOSLIN, President, Eagle  Forum Alaska, told the committee                                                               
that when she  was pregnant in 1999 the doctors  found some fetal                                                               
anomalies and she was told by  those doctors to have an abortion.                                                               
She said that  she did not receive any  information regarding her                                                               
alternatives or the  inherent risks that would happen  if she had                                                               
an abortion.   She added that  she doesn't feel that  all doctors                                                               
are providing the consultation to  women in Alaska that is needed                                                               
and  commended Representative  Dahlstrom for  presenting HB  292.                                                               
She expressed  concern about the  removal of the  civil liability                                                               
sections as  well as removing  the requirement of  maintaining an                                                               
online resource  that the bill  originally had.  She  stated that                                                               
removing the online information  creates a disadvantage for women                                                               
in rural Alaska  who might have to travel long  distances to have                                                               
an abortion.  She referred to  a United States Supreme Court case                                                               
that  upheld  state  statutes  relating   to  the  disclosure  of                                                               
information prior to terminating a pregnancy.                                                                                   
                                                                                                                                
CHAIR MCGUIRE stated  that it wasn't her intention  to remove the                                                               
online  resource,  but to  only  require  patients to  receive  a                                                               
printed version  before having  an abortion.   She said  that she                                                               
supports the online resource and  would put the wording back into                                                               
the bill so it is required.                                                                                                     
                                                                                                                                
Number 2138                                                                                                                     
                                                                                                                                
MS. JOSLIN remarked  that if the wording for  the online resource                                                               
isn't in  the bill, the  site would  end up being  something that                                                               
isn't  required and  therefore never  is set  up.   She commented                                                               
that  this is  the computer  age, and  therefore the  information                                                               
should  be required  to be  made accessible  via the  computer to                                                               
better inform any woman that may undergo this procedure.                                                                        
                                                                                                                                
CHAIR MCGUIRE  asked Ms. Joslin  if she had  any ideas as  to who                                                               
would  organize the  information  and make  it  available to  the                                                               
public.                                                                                                                         
                                                                                                                                
MS.  JOSLIN  said  that  she  believes  that  it  should  be  the                                                               
Department  of  Health  and Social  Services  that  arranges  the                                                               
information.   She  said that  she didn't  know specifically  who                                                               
within the  department should be  responsible, but cited  that in                                                               
every other  state where  legislation similar  to HB  292 exists,                                                               
the  department  of  health  and   social  services  handles  the                                                               
information.                                                                                                                    
                                                                                                                                
Number 2087                                                                                                                     
                                                                                                                                
REGINA  MANTEUFEL,  Owner,  Regina's  Rooming  House,  Anchorage,                                                               
stated that  she was against HB  292.  She emphasized  the number                                                               
of cases relating to substance  abuse, alcohol abuse, incest, and                                                               
rape that  occur to women,  especially in the Bush,  stating that                                                               
they should  be kept  between the  patient and  the doctor.   She                                                               
used her  own personal experience  working with  low-income women                                                               
that have children to comment on  the lack of assistance from the                                                               
state to help handle unwanted pregnancies.                                                                                      
                                                                                                                                
MS. MANTEUFEL commented on the  inability of young women to raise                                                               
babies, and  said the  lack of assistance  from the  state forces                                                               
many  of these  young  women  with their  children  out onto  the                                                               
street.  To  illustrate this point, Ms. Manteufel  stated that in                                                               
Anchorage, the  least expensive place  for a young woman  to stay                                                               
is in a  hotel room at $600 a  month.  She added that  as soon as                                                               
summer comes,  prices go up,  and those  women will be  forced to                                                               
pay summer rates or be back out  on the street.  She commented on                                                               
the lack of follow through  that the right-to-life coalition has,                                                               
stating that  when a woman  is pregnant the  right-to-life people                                                               
promise help  and support, but  after the baby is  delivered that                                                               
woman has two options:  adoption  or raising the baby on her own.                                                               
She used  an example of a  young woman, Betty, who  was offered a                                                               
new  car to  keep  her baby  [until  birth] and  give  it up  for                                                               
adoption.                                                                                                                       
                                                                                                                                
Number 1952                                                                                                                     
                                                                                                                                
MS. MANTEUFEL  challenged the sponsor  of HB  292 to work  in her                                                               
rooming house,  deal with so  many young mothers, and  really see                                                               
what  types of  problems arise  from unwanted  pregnancies.   She                                                               
then  commented  on the  poor  nutrition,  lack of  vitamins  and                                                               
minerals, and babies  with birth defects that she has  seen.  She                                                               
related  that to  the lack  of social  services support  from the                                                               
State of Alaska.                                                                                                                
                                                                                                                                
Number 1892                                                                                                                     
                                                                                                                                
ANNE HARRISON,  as a  retired RN  and nurse  practitioner, stated                                                               
that  she   was  tired  of   rehashing  the  same   issues  every                                                               
legislative  session.    She  commented   that  HB  292  was  not                                                               
necessary  and that  she  was a  firm  advocate for  reproductive                                                               
choice.   She stated  she was  pro-choice, not  pro-abortion, and                                                               
her  beliefs  stemmed  from   years  of  professional  experience                                                               
working in the women's health field.   She said that if HB 292 is                                                               
passed, it  would negate  the work  that professionals  have been                                                               
doing since 1974.                                                                                                               
                                                                                                                                
MS.  HARRISON stated  that there  are implications  in this  bill                                                               
that  make it  seem that  health care  professionals have  denied                                                               
women facts  and have  encouraged abortion,  when, in  fact, they                                                               
have been an unbiased, science-based,  source of information with                                                               
great sensitivity  to the needs of  a woman.  She  explained that                                                               
the information is presented in  a non-judgmental manner and that                                                               
patients  are exposed  to all  the different  resources available                                                               
regarding  their pregnancy.    She added  that  more health  care                                                               
providers  would  testify regarding  HB  292,  but they  are  all                                                               
working and  taking care of patients.   She feels that  HB 292 is                                                               
another attempt to  make a difficult time in a  woman's life more                                                               
difficult.   She stated that  HB 292  would deny both  the health                                                               
care  provider's and  the patient's  privacy, and  commented that                                                               
the   basis  of   the   bill  didn't   come   from  health   care                                                               
professionals;  it  came  from  individuals  that  believe  their                                                               
religious  values supersede  an  individual's  right to  privacy.                                                               
She reminded the  committee to separate church and  state, and to                                                               
vote against HB 292.                                                                                                            
                                                                                                                                
Number 1780                                                                                                                     
                                                                                                                                
EILEEN  BECKER,   Director,  Pregnancy  Care  Center   of  Homer,                                                               
testified  in  support  of  HB  292.    She  commented  that  the                                                               
consultation  that Dr.  Murphy provides  her  patients when  they                                                               
have an  abortion is not  typical for all health  care providers.                                                               
She explained that  as director of the Pregnancy  Care Center she                                                               
deals with the regret and  sadness that women endure after having                                                               
an abortion.   She said that  in her opinion, 100  percent of the                                                               
women  that she's  worked with  who have  had an  abortion didn't                                                               
receive adequate information.                                                                                                   
                                                                                                                                
MS. BECKER  stated that HB 292  would do nothing but  good things                                                               
for women  who become pregnant.   She  said that it  is important                                                               
that a woman  receive accurate information while  she is deciding                                                               
how to deal with  her pregnancy.  She cited that  when a woman is                                                               
pregnant  her body,  emotions, and  hormones  are going  "helter-                                                               
skelter" and  it is important  that she receives  the information                                                               
in  a  timely manner  so  she  can  make  the best  decision  for                                                               
herself.   Ms. Becker suggested  forming a task force  to oversee                                                               
the information  that is provided  and make sure it  is accurate,                                                               
up to  date, and accessible.   She also suggested  an educational                                                               
promotion that would  expose a lot of people  to this information                                                               
and maybe help prevent some unwanted pregnancies.                                                                               
                                                                                                                                
MS. BECKER  spoke in support  of the 24-hour waiting  period that                                                               
the bill  addresses, stating that  for a  life-changing decision,                                                               
like  having an  abortion,  it important  to  have the  mandatory                                                               
waiting period.  She explained  with regard to requiring women to                                                               
read this information that, in a  sense, she feels it is speaking                                                               
for the  unborn child.  She  agreed that there are  problems with                                                               
unwanted pregnancies, but she believes that there are people                                                                    
that will adopt any unwanted child.                                                                                             
                                                                                                                                
Number 1633                                                                                                                     
                                                                                                                                
CAROLYN V. BROWN, M.D., Master of Public Health (M.P.H.),                                                                       
Obstetrician/Gynecologist, had her testimony read by Robin Smith                                                                
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     Having read through HB 292  and considered its contents                                                                    
     for  legislation  that  might  address  the  issues  of                                                                    
     women's reproductive  health, pregnancy,  abortion, and                                                                    
     contraception, I  have attached questions  and comments                                                                    
     for   your  consideration   as  you   deliberate  these                                                                    
     concerns for women.                                                                                                        
                                                                                                                                
     Please  let  me  know  if I  can  answer  questions  or                                                                    
     provide   additional   information  or   evidence-based                                                                    
     support  for   your  discussions.     There   is  ample                                                                    
     evidence-based support for discussion with you all.                                                                        
                                                                                                                                
     Thank you for these considerations.                                                                                        
                                                                                                                                
     The bill speaks of  pregnant women, abortion, full term                                                                    
     pregnancy,  and informed  consent.   What  is the  bill                                                                    
     actually addressing?  Please  clarify for the public in                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
     The  bill  appears to  be  discriminatory  in that  the                                                                    
     informed   consent  mandated   for   women  who   elect                                                                    
     abortions is not also mandated for all pregnant women.                                                                     
     It   has  been   my  professional   experience  as   an                                                                    
     obstetrician-gynecologist of some  40 years in practice                                                                    
     that  there   are  women  who  anticipate   carrying  a                                                                    
     pregnancy to term and elect  a different plan when they                                                                    
     understand the risks/benefits of  that decision.  There                                                                    
     are  women  who  anticipate  an abortion  but  elect  a                                                                    
     different    plan    when     they    understand    the                                                                    
     risks/benefits.   Please be clear  on equality  for all                                                                    
     pregnant   women  or   change  the   language  of   the                                                                    
     legislation.  Women deserve this.                                                                                          
                                                                                                                                
     The state indicates an interest  in protecting the life                                                                    
     and  health of  pregnant  women.   Does health  include                                                                    
     both  physical and  mental health  in  Alaska?   Please                                                                    
     clarify.                                                                                                                   
                                                                                                                                
     In  as  much as  the  information  about obstetrics  is                                                                    
     extremely  dynamic (not  static), a  one-time web  site                                                                    
     will  not  suffice  or  be  accurate.    How  will  the                                                                    
     intervals of update  be established?  Who  will pay for                                                                    
     this?   Who  will  the ongoing  experts  be to  provide                                                                    
     protection of the public's health?                                                                                         
                                                                                                                                
     Any  language that  proposes  information must  include                                                                    
     the  risks/benefits  and  potential consequences  of  a                                                                    
     full term  pregnancy.   How will this  be assured?   We                                                                    
     know that a  full term pregnancy carries  a far greater                                                                    
     risk  to  death  and  morbidity   to  women  than  does                                                                    
     abortion.    If  you  need more  information  on  this,                                                                    
     please let me know.                                                                                                        
                                                                                                                                
     Please  clarify for  Alaskans  just  what is  "judicial                                                                    
     economy and resources".                                                                                                    
                                                                                                                                
     Please  clarify for  Alaskans just  what  has been  the                                                                    
     "costly  and undue  litigation".   Where has  the money                                                                    
     gone?  Data is invaluable in decision-making.                                                                              
                                                                                                                                
     If  information  is  to be  provided,  virtually  every                                                                    
     practice,  site, agency,  service, clinic,  individual,                                                                    
     and facility would be required  to be listed on the web                                                                    
     site.   Who will  keep up with  this "dynamic"  (and it                                                                    
     will  be  dynamic)  so  that  Alaskan  women  have  the                                                                    
     information intended in the legislation?                                                                                   
                                                                                                                                
     If  all  agencies,  services, clinics,  and  facilities                                                                    
     that provide  contraceptive options  (and how  did that                                                                    
     get  here?),  that  would  -   of  course  include  all                                                                    
     pharmacies  and outlets  where condoms  and spermacides                                                                    
     are provided.   Is the  web site prepared to  deal with                                                                    
     this  in  a  responsible way  for  appropriate  patient                                                                    
     care?  Who will do this work?  Who will pay for this?                                                                      
                                                                                                                                
     It would  seem appropriate  and prudent to  use correct                                                                    
     terminology  when  dealing   with  health  and  medical                                                                    
     issues.   Philosophical  and personal  definitions have                                                                    
     no   place  in   legislation.     There  are   enormous                                                                    
     differences among  definitions for  embryo, blastocyst,                                                                    
     propositus,   fetus,   and   child.     Using   correct                                                                    
     terminology   in  the   development   of  parlance   is                                                                    
     appropriate for Alaska legislation.                                                                                        
                                                                                                                                
     Would suggest  that the language  of the  "sperm donor"                                                                    
     for  the pregnancy  be changed  to  "the male  involved                                                                    
     with the pregnancy"  or "sperm donor".   Please call it                                                                    
     what it is.  We  do "anonymize" the woman involved with                                                                    
     "pregnant women (female)", don't we?                                                                                       
                                                                                                                                
     How long will  it take to view this  information on the                                                                    
     Internet?   There  is  a  limit to  just  how much  the                                                                    
     average person can take  in addresses, names, pictures,                                                                    
     disclaimers,    printed   forms,    and   a    detailed                                                                    
     presentation  of  risks/benefits  in  the  midst  of  a                                                                    
     pregnancy that  may be  wanted or  unwanted.   Please -                                                                    
     come let us be fair...                                                                                                     
                                                                                                                                
     At what  reading level will  this information be?   Who                                                                    
     will provide the oversight?   At what cost to the state                                                                    
     of Alaska?                                                                                                                 
                                                                                                                                
     Would  this law  mandate that  all physicians'  offices                                                                    
     where  pregnancy  termination  is done  be  registered?                                                                    
     What  are  the criteria?    What  are the  medical  and                                                                    
     surgical mandates?  Who will oversee this?                                                                                 
                                                                                                                                
     What is the  reason for the 30-day waiting  period?  It                                                                    
     is clear  that there  are more  risks as  the pregnancy                                                                    
     continues  - both  for abortion  and  for pregnancy  to                                                                    
     term.   What  is the  reason  for this  mandate?   This                                                                    
     makes  no practical  sense  to  physicians who  provide                                                                    
     care for women.                                                                                                            
                                                                                                                                
     Who will pay for this  paper work, forms to be printed,                                                                    
     record  keeping, transmission  and  update  of the  web                                                                    
     site?                                                                                                                      
                                                                                                                                
     All  pregnant women  need  informed  consent -  whether                                                                    
     they elect abortion  or carry a pregnancy to  term.  To                                                                    
     do  otherwise  is to  discriminate.    Women must  have                                                                    
     informed,   accurate,    scientific   and   appropriate                                                                    
     information.                                                                                                               
                                                                                                                                
Number 1397                                                                                                                     
                                                                                                                                
VICKI HALCRO,  Director of Public Affairs  and Marketing, Planned                                                               
Parenthood of Alaska, asked the  committee not to support HB 292.                                                               
She  said that  if HB  292 passed  it would  create an  imbalance                                                               
within  the legal  system that  would  be based  on the  decision                                                               
whether  or not  to have  an abortion.   She  pointed out  that a                                                               
woman has a  constitutional right to choose to  have an abortion.                                                               
She  conveyed that  HB  292 creates  this  imbalance by  imposing                                                               
obstacles  on any  woman seeking  to terminate  her pregnancy  in                                                               
Alaska.   She  cited the  24-hour waiting  period as  one of  the                                                               
obstacles,  adding that  it  is the  only  medical procedure  for                                                               
which a waiting period like this  [is required].  She stated that                                                               
there are  many faults  with the  bill and  said that  she wasn't                                                               
going to  make the  same points that  other testifiers  had made.                                                               
She  closed her  testimony  by  saying that  HB  292  is a  clear                                                               
attempt to restrict a woman's  reproductive rights, and she urged                                                               
the committee to vote against it.                                                                                               
                                                                                                                                
Number 1343                                                                                                                     
REPRESENTATIVE GARA  inquired about  what services  are available                                                               
to women  who want to  get an  abortion, where they  are located,                                                               
and how  the 24-hour waiting  period might  make it harder  for a                                                               
woman to receive these services.                                                                                                
                                                                                                                                
MS.  HALCRO said  that  she  would get  that  information to  the                                                               
committee.                                                                                                                      
                                                                                                                                
Number 1269                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON asked  Ms. Halcro if she  agrees with Dr.                                                               
Brown's  statement that  the state  should  get informed  consent                                                               
from a woman who wants to carry a baby to full term.                                                                            
                                                                                                                                
MS. HALCRO  stated that it is  more dangerous to carry  a baby to                                                               
full term  than it  is to get  an abortion, so  on that  level it                                                               
would make sense to obtain informed consent.                                                                                    
                                                                                                                                
Number 1194                                                                                                                     
                                                                                                                                
PAULINE UTTER,  Anchorage, asked  the committee  to kill  HB 292.                                                               
She stated  that 385  pieces of legislation  have been  passed in                                                               
the United  States since 1995 that  have put barriers in  the way                                                               
of women who want to have an  abortion.  She cited that there are                                                               
no  barriers for  many other  medical  procedures, like  prostate                                                               
cancer, and  she doesn't feel that  the state should make  it its                                                               
concern  what  medical  procedures   individuals  undergo.    She                                                               
reiterated that she wants HB 292 killed by the committee.                                                                       
                                                                                                                                
REPRESENTATIVE  ANDERSON pointed  out that  prostate cancer  is a                                                               
disease.                                                                                                                        
                                                                                                                                
MS. UTTER stated, "Was there any difference."                                                                                   
                                                                                                                                
Number 1070                                                                                                                     
                                                                                                                                
CASSANDRA   JOHNSON,   Executive  Director,   Alaska   Pro-Choice                                                               
Alliance,  gave testimony  against HB  292.   She addressed  some                                                               
issues  that had  arisen during  previous testimony.   She  first                                                               
addressed  the  point  that  Ms. Vosburgh  made  in  her  earlier                                                               
testimony  that [the  Alaska Pro-Choice  Alliance] does  not want                                                               
doctors  to  provide  accurate, scientific-based  information  to                                                               
their patients,  and stated that it  wasn't true.  She  said that                                                               
[the  Alaska Pro-Choice  Alliance] fully  supports the  proposal,                                                               
but wants the doctors to  provide women with accurate scientific-                                                               
based  information about  all their  reproductive  options.   She                                                               
feels that Dr. Brown was going  for that point when she commented                                                               
about women having  informed consent when they decide  to carry a                                                               
pregnancy to full term.  She  believes that the issue of abortion                                                               
is a  private matter  that a  woman should  only have  to discuss                                                               
with  her  medical  provider,  pointing   out  that  the  medical                                                               
provider has the medical training and  is the best person to give                                                               
the advice to a woman.  She  commented that if the sponsors of HB
292 truly  felt it was the  state's role to provide  this type of                                                               
information, perhaps they would  be willing to fund comprehensive                                                               
and   accurate  sexuality   and  reproductive   health  education                                                               
curricula in  Alaska's public  schools.  She  stated that  HB 292                                                               
does not  address this concern;  rather, it targets  those people                                                               
who are seeking abortion services.                                                                                              
                                                                                                                                
MS. JOHNSON went on to give  her opinion of the mandatory 24-hour                                                               
waiting  period, saying  it was  unnecessary and  discriminatory.                                                               
She cited  a similar law  enacted in Mississippi in  1992, noting                                                               
that after it was enacted,  second-trimester abortions went up 18                                                               
percent in  that state.   She  said that  having second-trimester                                                               
abortions increases  both the risk  and cost of the  abortion for                                                               
the woman.                                                                                                                      
                                                                                                                                
MS. JOHNSON moved  on to discuss the link that  Ms. Vosburgh made                                                               
between having  an abortion and developing  breast cancer, citing                                                               
that  a  scientific  panel  appointed   by  the  National  Cancer                                                               
Institute  unanimously concluded  in 2003,  after reviewing  four                                                               
studies,  that there  was  no evidence  that  having an  abortion                                                               
increases  the risk  of developing  breast cancer.   She  noted a                                                               
lawsuit filed  in North Dakota, where  a woman sued a  clinic for                                                               
not getting information  regarding breast cancer when  she had an                                                               
abortion, and said the clinic was victorious.                                                                                   
                                                                                                                                
Number 0935                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  Ms.  Johnson for  copies of  the                                                               
legal cases that she referred to in her testimony.                                                                              
                                                                                                                                
MS.  JOHNSON  said  that  she  would  get  those  cases  for  the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBURG  stated that  he  was  focusing on  one                                                               
provision  that  doesn't  appear   in  Version  S,  dealing  with                                                               
potential  litigation, and  the controversy  that would  arise if                                                               
that  provision were  put back  in the  bill.   He asked  for any                                                               
information  that  Ms.  Johnson  could  provide,  because  he  is                                                               
concerned  about  how passing  this  bill  would affect  doctors'                                                               
malpractice rates.   He cited  his doctor's comments that  it was                                                               
increasingly  hard  for doctors  to  obtain  insurance in  Alaska                                                               
because of tremendous rate increases.   He stated that he doesn't                                                               
want to decrease  the availability of health care  in Alaska, and                                                               
asked  again  for  any  documentation that  would  show  him  the                                                               
relationship between  lawsuits filed because of  similar laws and                                                               
doctors' insurance rates.                                                                                                       
                                                                                                                                
Number 0795                                                                                                                     
                                                                                                                                
RUTH ABBOTT,  Delta Junction, read  from pages  20 and 21  of the                                                               
January 10, 2004, issue of  World magazine where there are state-                                                             
by-state  rankings  based  on their  abortion-related  levels  of                                                               
safety for  women.  The  article was  a project of  the Americans                                                               
United  for  Life, a  nonprofit,  bio-ethics  law firm  based  in                                                               
Chicago.  She  said that according to the report,  Alaska came in                                                               
46th place out of  the 50 states.  She said  that for this reason                                                               
[the legislature] needs to pass HB 292.                                                                                         
                                                                                                                                
Number 0613                                                                                                                     
                                                                                                                                
CHAIR McGUIRE asked  if someone from the Department  of Law would                                                               
be able  to come to  the next House Judiciary  Standing Committee                                                               
meeting and discuss the letter from the attorney general.                                                                       
                                                                                                                                
[David Marquez,  Chief Assistant Attorney General,  Legislation &                                                               
Regulations Section,  Office of the Attorney  General, Department                                                               
of Law, nodded in assent.]                                                                                                      
                                                                                                                                
Number 0592                                                                                                                     
                                                                                                                                
CHAIR  McGUIRE closed  public testimony  and reminded  the people                                                               
present that  the committee would  discuss the bill again  at the                                                               
next committee meeting and that she would accept any faxes or e-                                                                
mails pertaining to this bill.                                                                                                  
                                                                                                                                
Number 0546                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM  thanked the committee for  listening to                                                               
HB  292,  and  she  thanked   the  people  participating  in  the                                                               
discussion.    Representative  Dahlstrom read  from  the  Planned                                                               
Parenthood web site, quoting from its mission statement:                                                                        
                                                                                                                                
     In  order   to  enable  the  individual   to  make  and                                                                    
     implement  a  responsible  decision,  there  should  be                                                                    
     access   to  information   and   services  related   to                                                                    
     sexuality,  reproduction,   methods  of  contraception,                                                                    
     fertility control, and parenthood.                                                                                         
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  quoted   more  from  the  mission                                                                    
statement, regarding abortion:                                                                                                  
                                                                                                                                
     Abortion  services  must  include  information  on  the                                                                    
     nature, consequences,  and risks of the  procedure, and                                                                    
     counseling on the alternatives  available to the woman,                                                                    
     so as  to assure  an informed and  responsible decision                                                                    
     concerning   the   continuation   or   termination   of                                                                    
     pregnancy.                                                                                                                 
                                                                                                                                
REPRESENTATIVE   DAHLSTROM   commented    that   those   two                                                                    
statements back up  what she is attempting  to initiate with                                                                    
HB 292.   She reiterated that  her intent with HB  292 is to                                                                    
provide  accurate,  updated  information  to  the  women  of                                                                    
Alaska so they will  make informed decisions regarding their                                                                    
pregnancies.                                                                                                                    
                                                                                                                                
CHAIR   McGUIRE   commented   on  the   open-mindedness   of                                                                    
Representative Dahlstrom and the hard  work that she and her                                                                    
staff have put into HB 292.                                                                                                     
                                                                                                                                
[HB 292 was held over.]                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 0401                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:40 p.m.                                                               

Document Name Date/Time Subjects