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Wyant v. Myuers11/28/2003
uld prohibit providing the information through a recording. The proposed measure would require that the notification precede, by at least 24 hours, the performance of the abortion.
Subsection (3) B of the proposed measure also would impose an additional notification obligation on “ health care provider who is to perform an abortion, a referring health care provider, an agent of the health care provider who is to perform the abortion or an agent of the referring health care provider.” That subsection would require notice to the female that medical assistance benefits may be available for prenatal, childbirth, and neonatal care; that the father may be required to assist in the support of the child despite any offer to pay for the abortion; that the female has the right to certain information provided by the Department of Human Services; that the State of Oregon provides that information, that the information includes a description of an unborn child, and that it is available in print form and on a state-maintained Internet website; and that the party providing the notice will deliver the information from the State of Oregon either in person 24 hours before the abortion or by certified mail 72 hours before the abortion. The party providing the notice described in that paragraph must do so either in person or by telephone 24 hours before the performance of the abortion.
The proposed measure would require the female to certify in writing that she has received the information that the health care provider must provide under the proposal. It also would require the health care provider or that party’s agent to receive a copy of the female’s written certification.
The proposed measure would require the Department of Human Services to print materials that, among other things, would inform a female about services that are available to her; the “probable anatomical and physiological characteristics of an unborn child at two-week gestational increments[;]” and abortion procedures commonly employed, the medical risks commonly associated with those procedures, the possible detrimental physiological effects of an abortion, and the medical risks of carrying a child to term. The proposed measure would require the State of Oregon’s materials to include other information and would require the state to provide that information on a website, the resolution of which is “not less than 72 dots per inch,” to print the information in 10-point type in multiple languages, and to update the information annually. The proposed measure also specifies the content of the required notification that it would require a health care provider to deliver, if possible, when a medical emergency compels termination of a pregnancy.
For purposes of addressing this ballot title dispute, three aspects of the additions to ORS 677.097 described in the proposed measure are significant. First, the proposed changes would alter current Oregon law that now requires physicians who provide abortion services to make specific disclosures to the physician’s patients that explain (1) in general terms the procedure or treatment to be undertaken; (2) possible alternative procedures or methods of treatment, if any; and (3) the risks, if any, from the procedure or treatment. Under current law, the physician must ask the patient if she wants a more detailed explanation. If she does, then the physician must make additional detailed disclosures about those three matters unless to do so would be materially detrimental to the patient.
Second, in general, the proposed measure would obligate a health care provider, who is to perform an abortion, to notify the female patient of an additional quantum of medical facts and opinions
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