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PROTECTING THE RIGHTS OF CONSCIENCE OF

HEALTH CARE PROVIDERS AND A PARENT'S
RIGHT TO KNOW

United

HEARING

BEFORE THE

SUBCOMMITTEE ON HEALTH

OF THE

COMMITTEE ON ENERGY AND

COMMERCE
HOUSE OF REPRESENTATIVES

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

JULY 11, 2002

Serial No. 107-126

Printed for the use of the Committee on Energy and Commerce

Available via the World Wide Web: http://www.access.gpo.gov/congress/house

U.S. GOVERNMENT PRINTING OFFICE

80-684PS

WASHINGTON : 2002

For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402-0001

COMMITTEE ON ENERGY AND COMMERCE

W.J. “BILLY” TAUZIN, Louisiana, Chairman MICHAEL BILIRAKIS, Florida

JOHN D. DINGELL, Michigan JOE BARTON, Texas

HENRY A. WAXMAN, California FRED UPTON, Michigan

EDWARD J. MARKEY, Massachusetts CLIFF STEARNS, Florida

RALPH M. HALL, Texas PAUL E. GILLMOR, Ohio

RICK BOUCHER, Virginia JAMES C. GREENWOOD, Pennsylvania EDOLPHUS TOWNS, New York CHRISTOPHER COX, California

FRANK PALLONE, Jr., New Jersey NATHAN DEAL, Georgia

SHERROD BROWN, Ohio RICHARD BURR, North Carolina

BART GORDON, Tennessee ED WHITFIELD, Kentucky

PETER DEUTSCH, Florida GREG GANSKE, Iowa

BOBBY L. RUSH, Ilinois CHARLIE NORWOOD, Georgia

ANNA G. ESHOO, California BARBARA CUBIN, Wyoming

BART STUPAK, Michigan JOHN SHIMKUS, Illinois

ELIOT L. ENGEL, New York HEATHER WILSON, New Mexico

TOM SAWYER, Ohio
JOHN B. SHADEGG, Arizona

ALBERT R. WYNN, Maryland
CHARLES "CHIP" PICKERING, Mississippi GENE GREEN, Texas
VITO FOSSELLA, New York

KAREN MCCARTHY, Missouri
ROY BLUNT, Missouri

TED STRICKLAND, Ohio TOM DAVIS, Virginia

DIANA DEGETTE, Colorado ED BRYANT, Tennessee

THOMAS M. BARRETT, Wisconsin ROBERT L. EHRLICH, Jr., Maryland

BILL LUTHER, Minnesota STEVE BUYER, Indiana

LOIS CAPPS, California GEORGE RADANOVICH, California

MICHAEL F. DOYLE, Pennsylvania CHARLES F. BASS, New Hampshire

CHRISTOPHER JOHN, Louisiana JOSEPH R. PITTS, Pennsylvania

JANE HARMAN, California
MARY BONO, California
GREG WALDEN, Oregon
LEE TERRY, Nebraska
ERNIE FLETCHER, Kentucky

DAVID V. MARVENTANO, Staff Director

JAMES D. BARNETTE, General Counsel
REID P.F. STUNTZ, Minority Staff Director and Chief Counsel

SUBCOMMITTEE ON HEALTH

MICHAEL BILIRAKIS, Florida, Chairman JOE BARTON, Texas

SHERROD BROWN, Ohio FRED UPTON, Michigan

HENRY A. WAXMAN, California JAMES C. GREENWOOD, Pennsylvania TED STRICKLAND, Ohio NATHAN DEAL, Georgia

THOMAS M. BARRETT, Wisconsin RICHARD BURR, North Carolina

LOIS CAPPS, California ED WHITFIELD, Kentucky

RALPH M. HALL, Texas GREG GANSKE, Iowa

EDOLPHUS TOWNS, New York CHARLIE NORWOOD, Georgia

FRANK PALLONE, Jr., New Jersey Vice Chairman

PETER DEUTSCH, Florida BARBARA CUBIN, Wyoming

ANNA G. ESHOO, California HEATHER WILSON, New Mexico

BART STUPAK, Michigan JOHN B. SHADEGG, Arizona

ELIOT L. ENGEL, New York CHARLES "CHIP" PICKERING, Mississippi ALBERT R. WYNN, Maryland ED BRYANT, Tennessee

GENE GREEN, Texas ROBERT L. EHRLICH, Jr., Maryland

JOHN D. DINGELL, Michigan, STEVE BUYER, Indiana

(Ex Officio) JOSEPH R. PITTS, Pennsylvania W.J. “BILLYTAUZIN, Louisiana (Ex Officio) LC Control Number

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PROTECTING THE RIGHTS OF CONSCIENCE OF HEALTH CARE PROVIDERS AND A PARENTS RIGHT TO KNOW

THURSDAY, JULY 11, 2002

HOUSE OF REPRESENTATIVES,
COMMITTEE ON ENERGY AND COMMERCE,

SUBCOMMITTEE ON HEALTH,

Washington, DC. The subcommittee met, pursuant to notice, at 3 p.m., in room 2322, Rayburn House Office Building, Hon. Michael Bilirakis (chairman) presiding.

Members present: Representatives Bilirakis, Burr, Norwood, Pitts, Tauzin (ex officio), Brown, Strickland, Capps, Towns, Deutsch, and Wynn.

Staff present: Patrick Morrisey, deputy staff director; Cheryl Jaeger, majority professional staff; Steven Tilton, health policy coordinator; Eugenia Edwards, legislative clerk; John Ford, minority counsel; and Jessica McNiece, minority staff assistant.

Mr. BILIRAKIS. I call this hearing to order and first would like to thank our witnesses for appearing before the subcommittee today. This subcommittee certainly values your expertise, and we are very grateful for your cooperation and attendance. And as you good people fall in, please, let us try to be orderly.

Today's hearing will touch on two subjects that I know many members of the subcommittee, myself included, feel very strongly about. Because of the vastly divergent views and strong feelings invoked by the issues we will be discussing today, I believe it is important to have a hearing which will afford us the opportunity to Îisten to different viewpoints. And I think this open dialog and expert testimony will aid all members in making an informed decision about how best to legislate in this area.

Our first panel will discuss an issue that we commonly refer to as the conscience clause. In 1996, the Congress passed, and President Clinton signed into law, provisions that provide protections to health care professionals and a, "health care entity" from being forced to perform abortions if they have moral or religious objections to the procedure. However, court interpretations have called into question whether these sections of law apply to hospitals that object to offering elective abortions.

În 1998, a number of senators attempted to clarify the record by stating that a health care entity was defined to include physicians and other which does not mean that it excludes hospitals. However, this clarification has not been sufficient and it has come to my at

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