BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Deborah V. Ortiz, Chair
BILL NO: SB 1487
S
AUTHOR: Hollingsworth
B
AMENDED: As Introduced
HEARING DATE: April 19, 2006
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FISCAL: Judiciary / Appropriations
4
8
CONSULTANT:
7
Vazquez / ak
RECONSIDERATION GRANTED - VOTE ONLY
SUBJECT
Coerced abortion
SUMMARY
This bill would prohibit a physician or surgeon from
performing an abortion unless he or she has obtained the
written assurance from the patient that she understands
that she may not be coerced into having an abortion, and
that her decision to have an abortion is voluntary. The
bill would require a signed form to that effect be placed
in the patient's chart.
ABSTRACT
Existing law:
1.The Reproductive Privacy Act, makes a surgical abortion
unauthorized unless it complies with provisions of the
Medical Practice Act that makes performance of an
abortion by a person without a physician and surgeon's
certificate subject to the provisions relating to the
unauthorized practice of medicine. Violation of these
provisions constitutes unprofessional conduct and is a
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crime.
This bill:
1.Prohibits a physician or surgeon from performing an
abortion unless he or she has obtained the written
assurance from the patient that she understands that she
may not be forced into having an abortion, and that her
decision to have an abortion was made voluntarily,
without duress or intimidation.
2.Requires that the patient's chart contain a copy of a
form signed by the patient assuring that the abortion was
obtained without force, coercion, or intimidation.
3.Specifies that the form shall be in bold capital letters
and state: "It is against the law for anyone to force,
intimidate, or coerce you into having an abortion."
4.States that no reimbursement is required by this act
pursuant to the California Constitution.
FISCAL IMPACT
Unknown.
BACKGROUND AND DISCUSSION
Purpose of the bill
This bill prohibits a physician or surgeon from performing
an abortion unless he or she has obtained the written
assurance from the patient that she understands that she
may not be coerced into having an abortion, and that her
decision to have an abortion is voluntary and requires that
a signed form to this effect be placed in the patient's
chart.
The author states that there are everyday cases of coerced
abortion, where husbands, boyfriends, or patients insist on
abortions. "Children and women are often at a great
disadvantage when it comes to protecting themselves from
numerous threats. Many women do not even know their rights
and it is important that women and children understand that
they have the right to choose life."
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The author further states that the bill does not attempt to
prohibit legal abortions, but that it merely prevents a
physician from either knowingly or unknowingly influencing
a woman's choice. The author contests that this is a
common sense measure that will take steps to guarantee that
many women are not preyed upon by disreputable individuals
who would take advantage of their condition to manipulate
or coerce them as they face an important moral decision.
Current law on informed consent
Informed consent is a process of education and
communication intended to enhance the doctor-patient
relationship and prepare the patient for a procedure or
treatment. Under current law, a physician has a duty to
obtain the informed consent of a patient before providing
or declining to provide complex treatment. In Cobbs v.
Grant, 8 Cal. 3d 229, the California Supreme Court held
that it is a requirement "for divulgence by the physician
to his patient of all information relevant to a meaningful
decisional process," and that, "as an integral part of the
physician's overall obligation to the patient there is a
duty of reasonable disclosure of the available choices with
respect to proposed therapy and of the dangers inherently
and potentially involved in each." There are very few
cases where written consent is required by law for a
specific treatment, as is the case before a patient
receives a hysterectomy or sterilization. However, many
practitioners document the consent process in writing to
protect them against liability.
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Prior legislation
SB 1593 (Hollingsworth) of 2004 sought to require that
providers giving an abortion to a Medi-Cal patient obtain
specified written assurance from the patient that she
understands that she may not be forced into an abortion and
that her decision was made voluntarily. The bill failed
passage in the Senate Health and Human Services Committee
on April 21, 2004. AB 2291 (Haynes) of 2004 contained
identical language to that in SB 1593 and failed passage in
the Assembly Health Committee on April 13, 2004.
Arguments in support
The California Catholic Conference writes in support of the
measure and states that this is a common sense approach to
a sensitive issue. The Conference states that this bill
will assist women both in protecting themselves from any
coercion to undergo abortion and with one of the most
important decisions of their lives without undue pressure
from others.
Arguments in opposition
Opponents state that the California Supreme Court has
established the guidelines for informed consent regarding
the provider's duty of disclosure in Cobbs v. Grant . The
American Civil Liberties Union and the American College of
Obstetricians and Gynecologists (ACOG), District IX state
that if the treatment involves the performance of a complex
procedure, a physician must explain the nature of the
procedure, the risks, possible complications, and expected
effects of the treatment. The opponents state that failure
to obtain informed consent may result in a malpractice
charge. They assert that it is unnecessary and unduly
cumbersome to single out a legal and constitutionally
protected medical procedure for an additional layer of
administrative burden.
ACOG argues that patients sign a written document, based on
their individual situation, stating that they are giving
their consent for the abortion, and it is their choice to
have the procedure. The document is signed by both the
physician and her clinician. Planned Parenthood Affiliates
of California states that currently abortion patients must
receive "options counseling" prior to receiving an abortion
and that this counseling involves the provision of
information and a discussion of potential assistance
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available for continuing the pregnancy, the possibilities
and referrals for adoption, as well as abortion.
POSITIONS
Support: California Catholic Conference
California Family Council
Capitol Resource Institute
Oppose: American Association of University Women
American Civil Liberties Union
American College of Obstetricians and
Gynecologists, District IX
California Commission on the Status of Women
California Family Health Council
California Medical Association
California Women Lawyers
Kaiser Permanente Medical Care Program
NARAL Pro-Choice California
Planned Parenthood Affiliates of California
Planned Parenthood Mar Monte
Planned Parenthood of San Diego and
Riverside Counties
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