HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

 

February 18, 2003   Hearing Room E

1:00 PM  Tapes 10 - 12

 

MEMBERS PRESENT:            Rep. Dan Doyle, Chair

Rep. Linda Flores, Vice-Chair

Rep. Laurie Monnes Anderson, Vice Chair

Rep. Vic Backlund

Rep. Phil Barnhart

Rep. Betsy L. Close

Rep. Joanne Verger

 

STAFF PRESENT:                  Cara Filsinger, Administrator

Annetta Mullins, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2547 – Public Hearing

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

Tape 10, A

004

Chair Doyle

Calls meeting to order at 1:01 p.m. and announces the format for testimony by scheduled witnesses.

023

Chair Doyle

Opens a public hearing on HB 2547.

HB 2547 – PUBLIC HEARING

025

Rep. Betsy Close

District 15.  Testifies in support of HB 2547 (EXHIBIT A). 

079

Lisa Heacock

Testifies in support of HB 2547 (EXHIBIT B).

141

Lori Eckstine

Testifies in support of HB 2547 (EXHIBIT C).

256

Esther Ripplinger

Testifies in support of HB 2547 (EXHIBIT D).

331

DebraLee Wyant

Testifies in support of HB 2547 (EXHIBIT E).

020

Wyant

Continues presentation of statement (EXHIBIT E).

TAPE 11, A

020

Wyant

Continues presentation of statement (EXHIBIT E).

046

Gayle Atterbery

Oregon Right to Life.  Testifies in support of HB 2547 (EXHIBIT F).

098

Atterbery

Comments on other states adopting a law such as HB 2547.

123

Atterbery

Comments on chart in testimony (EXHIBIT F, page 3).

132

Chair Doyle

Passes gavel to Rep. Monnes Anderson and asks that she preside during the testimony in opposition to HB 2547.

136

Linda Bryant

Planned Parenthood of Columbia Willamette.  Testifies in opposition to HB 2547 (EXHIBIT G).

193

Rep. Close

Asks why a health care provider would provide biased counseling.

 

Bryant

Responds that she thinks the language in the bill is inaccurate. 

 

Vice-Chair Monnes Anderson

Asks that the witnesses provide a copy of the Planned Parenthood Federation of America’s Manual of Medical Standards and Guidelines.

 

Witnesses

Responds that they will provide the manual.

 

Vice-Chair  Monnes Anderson

Asks if there have been lawsuits because patients have not been given informed consent.

 

Bryant

Responds that it has not happened with their agency.

211

Julie Powers

Planned Parenthood of Columbia Willamette.  Testifies in opposition to HB 2547 (EXHIBIT H).

285

Rep. Close

Gives scenario of a person about to have an appendectomy and asks if it would be asking the doctor to violate his code of ethics if the doctor were asked what side effects there might be, or if there is an alternative.

 

Powers

Responds there would not be a violation as far as she can see.

300

Ellen Lowe

Legislative Advocate, Oregon Law Center.  Testifies in opposition to HB 2547 (EXHIBIT I).

381

Dr. Richard Allen

President, Oregon Medical Association.  Testifies in opposition to HB 2547 (EXHIBIT J). 

TAPE 10, B

010

Rep. Close

Asks if Dr. Allen disagrees with the current statute.

 

Allen

States that he highly supports the physician having an informed consent with the patient.

 

Rep. Close

Asks if Dr. Allen agrees that women have not had this for this procedure.

 

Allen

Responds that women are informed and there is no need for the bill.

023

Vice-Chair Monnes Anderson

Asks if lawsuits occur because informed consent was not given.

 

Dr. Allen

Responds that suits occur all the time.  It then behooves the physician to document in their records that they did have conference with the patient.

034

Rep. Doyle

Comments that Dr. Allen has said this proposal that this proposal requires physicians to provide “inaccurate medical information.”  Asks where the language is in the bill.

 

Allen

Responds he understands there are some points in this bill that are inaccurate; believes someone from Planned parenthood

036

Dr. Grant Higginson

Department of Human Services, Health Services.  Testifies in opposition to HB 2547 (EXHIBIT K).

103

Rep. Close

Asks if Dr. Higginson was aware of a similar bill last session.

 

Higginson

Responds affirmatively and states that they also opposed that bill.

 

Rep. Close

States there were several women who said they did not have informed consent and ask if the Department of Human Services investigated the allegations.

 

Higginson

Explains that the investigations should be done by the Board of Medical Examiners.  Asks if those cases were reported to the Board of Medical Examiners. 

124

Rep. Close.

Comments that she would expect the agency to take action on these cases.

 

Rep. Close

States she would assume the delay with the informed consent law would apply to any surgery.  Asks if no surgery patient should be given informed consent because it would delay the surgery.

 

Higginson

States that no other informed consent that he knows of, with the exception of death with dignity, has a delay from the time of informed consent and the procedure. 

147

Rep. Barnhart

Ask if Higginson can provide a copy of the Kaiser study.

 

Higginson

Responds affirmatively.

152

Scott Gallant

Oregon Medical Association (OMA).  Testifies in opposition to HB 2547. 

225

Gallant

Continues testimony in opposition to HB 2547.

241

Rep. Close

Asks if it would be difficult for a person 14-18 years of age to take responsibility for their own care.

 

Gallant

Responds that OMA’s policy position about the provision is that health care is a decision between the physician and patient.  Adds that the state has made a policy decision about where that line is drawn between an adult and a minor and he has never heard from their members that the statute should be changed.

 

Rep. Close

Repeats her question.

 

Gallant

Gives examples of decisions that must be made by patients.

281

Rep. Close

Comments that she hopes that the Oregon Medical Association sees their responsibility to protect minor women. 

 

Gallant

Comments on informed consent required in statute. 

 

Kappy Eaton

League of Women Voters.  Testifies in opposition to HB 2547 (EXHIBIT L).

 

Maura Roche

ProChoice Coalition of Oregon.  Submits statement and packet of information including a statement for Rep. Alan Bates, and testifies in opposition to HB 2547 (EXHIBIT M).

TAPE 11, B

020

Roche

Continues presentation.

040

Roche

Notes the Legislative Fiscal Statement on the bill in the previous session (EXHIBIT M, page 37) and comments on potential legal costs. 

053

Marcia Kelley

American Association of University Women-Oregon.  Testifies in opposition to HB 2547 (EXHIBIT N). 

 

Rep. Mary Nolan

Testifies in opposition to HB 2547 (EXHIBIT O).

137

Rep. Carolyn Tomei

District 41.  Testifies in opposition to HB 2547. 

164

Vice-Chair Monnes Anderson

Returns gavel to Chair Doyle.

170

Michael Howden

Stronger Families for Oregon.  Testifies in support of HB 2547 (EXHIBIT P).

230

Howden

Continues presentation.

312

Dr. Ken Wilson

Practicing Surgeon.  Testifies in support of HB 2547.

432

Wilson

Continues testimony in support of HB 2547.

TAPE 12, A

018

Wilson

Provides five reasons for supporting HB 2547.

025

Rep. Barnhart

Asks what Howden’s and Dr. Wilson’s medical training is.

 

Howden

Responds that he has no medical training

 

Wilson

States his credentials.

045

Rep. Verger

Asks if the packet is from their research group (EXHIBIT P).

 

Howden

Explains contents of packet (EXHIBIT P).

 

Rep. Verger

Asks if the witnesses agree that most women who get abortions are between the ages of 18 and 24.

 

Howden.

Responds it is correct nationally, in terms of trends.

062

Chair Doyle

Adjourns meeting at 2:59 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2547, prepared statement, Rep. Close, 3 pp

B – HB 2547, prepared statement, Lisa Heacock, 2 pp

C – HB 2547, prepared statement, Lori Eckstine, 3 pp

D – HB 2547, prepared statement, Esther Ripplinger, 1 p

E – HB 2547, prepared statement, DebraLee Wyant, 4 pp

F – HB 2547, prepared statement, Gayle Atterbery, 4 pp

G – HB 2547, prepared statement, Linda Bryant, 2 pp

H – HB 2547, prepared statement, Julie Powers, 2 pp

I – HB 2547, prepared statement, Ellen Lowe, 2 pp

J – HB 2547, prepared statement, Dr. Richard Allen, 1 p

K – HB 2547, prepared statement, Dr. Grant Higginson, 3 pp

L – HB 2547, prepared statement, Kappy Eaton, 1 p

M – HB 2547, prepared statement, Maura Roche, 37 pp

N – HB 2547, prepared statement, Marcia Kelley, 1 p

O – HB 2547, prepared statement, Rep. Nolan, 1 p

P – HB 2547, prepared statement, Michael Howden, 36 pp