HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

 

February 25, 2003   Hearing Room E

1:00 PM  Tapes 15 - 16

 

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: Introduction of Committee Bills – Work Session

                                                HB 2563 – 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 15, A

004

Chair Doyle

Calls meeting to order at 1:01 p.m. and opens a work session for introduction of committee bills.

INTRODUCTION OF COMMITTEE BILLS – WORK SESSION

006

Rep. Monnes Anderson

MOTION:  Moves LCs 1654 AND 1940 BE INTRODUCED as committee bills.

08

 

VOTE:  4-0-3

EXCUSED:  3 - Reps. Barnhart, Close, Flores

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

 

 

Chair Doyle

Closes the work session on introduction of committee bills and opens a public hearing on HB 2563 for the purpose of receiving invited testimony.

HB 2563 – PUBLIC HEARING

030

Lois C. Anderson

Legislative Director, Oregon Right to Life.  Submits prepared statement and testifies in support of HB 2563 (EXHIBIT A).

 

Anderson

Continues presentation.

150

Anderson

Continues presentation, commenting on administrative rules on other government-regulated professions that are included in the packet.

189

Anderson

Continues presentation (EXHIBIT A, page 2).

212

Rep. Barnhart

Asks if Anderson has medical training.

 

Anderson

Responds that she has no medical training and is not an attorney.

 

Rep. Barnhart

Asks if Anderson is saying no regulations apply to the clinics.

 

Anderson

Responds that there is no inspection or compliance process.  States that the statement about no regulations specifically refers to sanitation requirements, facility requirements, or procedure for inspection.

 

Chair Doyle

Advises Rep. Barnhart that the scheduled testimony is on a timeline and there will time for questions later.

247

Rep. Barnhart

Asks if the rules referred to by Anderson apply to all facilities, not just facilities that do one procedure.

 

Anderson

Explains their proposal is asking that free-standing abortion clinics which are now regulated “as physician offices” be brought under the ambulatory surgical center rules. 

367

Victor Hoffer

Mt. Angel resident and paramedic.  Testifies in support of HB 2563.  Emphasizes the importance of providing quality patient care.

 

Rep. Flores

Asks if they transport patients by ambulance.

 

Hoffer

Responds affirmatively. 

 

Rep. Monnes Anderson

Asks if Hoffer reports complications from abortions.

 

Hoffer

Responds that he does not directly report the cases to the state.  Explains that often patients have contacted a physician or clinic.

 

Rep. Barnhart

Asks Hoffer what parts of Oregon he has worked in.

 

Hoffer

Reviews his employment history as a paid and volunteer paramedic.

 

Chair Doyle

Turns gavel over to Vice-Chair Monnes Anderson and asks that she preside during testimony in opposition to HB 2563.

367

Dr. Richard Allen

Testifies in opposition to HB 2563 (EXHIBIT B).

393

Julie Powers

Planned Parenthood of the Columbia/Willamette.  Testifies in opposition to HB 2563 (EXHIBIT C). 

425

Powers

Continues presentation.

TAPE 16, A

023

Dr. Lee Thornton

Obstetrician and Gynecologist and provider of abortion services.  Testifies in opposition to HB 2563.  States that abortion clinics have been under the regulations of the medical practice and are adequately monitored. 

046

Rep. Monnes Anderson

Asks if services for a D & C in the case of a miscarriage can be provided in a doctor’s office.

 

Thornton

Responds affirmatively. 

 

Rep. Barnhart

Asks why abortion procedure regulations should be different than any other procedure that might be performed in a doctor’s office.

 

Thornton

Responds they should not just because of the type of procedure. 

 

Rep. Barnhart

Asks if a patient in any other kind of procedure would be taken to the hospital, and if this would not be the same.

 

Thornton

Responds yes, the patient would be taken to the hospital.

064

Rep. Close

Asks why these facilities do not qualify under the statute on ambulatory surgical facility.

 

Thornton

Responds that the mobile clinics are licensed; they have the permission of the state to fulfill their requirements like any other doctor’s office or clinic and they meet the same requirements.

085

Rep. Close

Comments that it seems since these facilities are under the definition, they would be included.

 

Thornton

Explains that the facilities are designed for more complicated procedures. 

 

Rep. Close

Asks if the statutes should also apply to this procedure.

 

Thornton

Responds that he does think the risk of infection changes when the procedure is done under sterile situations.

 

Rep. Close

Comments that she does not think women are being protected under the existing statute.  Adds that if women are only protected by ORS 677, her concern is that women may not be protected as they would be under this statute.

 

Thornton

States the procedures are done by physicians.

110

Dr. Grant Higginson

Department of Human Services, Health Services.  Testifies in opposition to HB 2565 (EXHIBIT D).

 

Rep Verger

Asks if obstetricians and gynecologists who perform abortions pay more for liability insurance than those who do not.

 

Higginson

Responds not to his knowledge.

 

Rep. Close

Asks under what conditions the department would go into an abortion clinic.

 

Higginson

Responds they would only do that if they were following up on a complaint on a licensed facility.  Explains that a compliant about a physician’s office would go to the Board of Medical Examiners who would follow up and investigate the complaint. 

 

Rep. Close

Asks how they would have the authority to go in if abortion clinics are not included in administrative rules on ambulatory surgical facilities. 

 

Higginson

Responds that they would not have the authority currently, nor could they go into a clinic; complaints would be referred to the Board of Medical Examiners for follow up.

 

Rep. Close

Asks if women might not be protected if the Health Division does not have the authority to go in and investigate.

 

Higginson

Responds that the Board of Medical Examiners has more than adequate authority to go in and investigate.

200

Maura Roche

Pro-Choice Coalition of Oregon.  Testifies in opposition to HB 2563 (EXHIBIT E).  Comments on cost in North Carolina to covert facilities into ambulatory surgical centers.

254

Vice-Chair Monnes Anderson

Returns gavel to Chair Doyle.

 

Dr. Ken Wilson

Reviews his credentials, and regulations on patient treatment in other facilities in Oregon.  Testifies in support of HB 2563.

388

Rep. Monnes Anderson

Asks if Wilson feels a D & C performed on a women who has a miscarriage is any different than performing a D & C on a woman who is having an abortion.

 

Wilson

Responds that medically speaking they are the same procedure and have the same risks.

 

Rep. Monnes Anderson

Asks if HB 2563 would allow a woman who miscarries to have a D & C in a physician’s office.

 

Wilson

Responds negatively.  States he agrees with the conditions that 10 procedures per month or 100 per year should be an out-patient surgical center.

 

Rep. Monnes Anderson

Comments on study of deaths due to abortions.  States it seems there are less deaths now from legal abortions than from illegal abortions.

 

Wilson

States there are no good statistics on abortion deaths because they are not required to be reported, and they are reported as things other than abortion-related deaths.

 

Rep. Monnes Anderson

Comments there are more deaths from appendectomies and tonsillectomies.

 

Wilson

Agrees, and states those procedures are done in hospitals.

TAPE 15, B

003

Rep. Close

Notes that the administrative rules on ambulatory surgical centers talk about procedures.  Asks if it is true that those procedures that are done in a physician’s office are covered by the administrative rules, but the procedures done in the free-standing facilities are not.

 

Wilson

Responds affirmatively.  Comments that if a large number of procedures are done in the office, it should be regulated. 

013

Rep. Barnhart

Asks if it would not make sense to amend the bill by removing the reference to “abortion” and say that if a doctor is going to perform 10 or more surgical procedures in a calendar month or 100 or more surgical procedures in a calendar year, that they have to be performed in a clinic or the hospital.

 

Wilson

Responds negatively.  Explains that the reason is that doctors are not performing those kinds of numbers in their offices; the abortion providers are the only ones that he knows of who are performing 100 procedures a month in their offices. 

 

Chair Doyle

Acknowledges receipt of a prepared statement in opposition to HB 2563 from Kappy Eaton, League of Women Voters (EXHIBIT F).

042

Chair Doyle

Closes the public hearing on HB 2563 and adjourns meeting at 2:01 p.m.

 

 

EXHIBIT SUMMARY

A – HB 2563, prepared statement, Lois Anderson, 94 pp

B – HB 2563, prepared statement, Dr. Richard Allen, 1 p

C – HB 2563, prepared statement, Julie Powers, 1 p

D – HB 2563, prepared statement, Dr. Grant Higginson, 2 pp

E – HB 2563, prepared statement, Maura Roche, 1 p

F – HB 2563, prepared statement, Kappy Eaton, 1 p