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Oregon Ballot Measures: Tell me how to Vote on 43

by Tryan Hartill

Up next on the agenda is Measure 43. This Measure would require parents to be notified within 48 hours of a minor having an abortion.

I still do not have enough of an opinion on this one to mark the box. I am still open to going either way. I have talked to quite a few people about this one and I’ll pass on what others have said about 43.

Here is the Explanatory Statement to start:

Ballot Measure 43 requires that when an unemancipated minor 15 years and older seeks an abortion, the medical provider must first give written notice to a parent of the minor, by certified mail, at least 48 hours prior to providing the abortion.

Current law allows a minor 15 years and older to consent to and receive medical treatment, including abortion, without parental notification. For minors 14 years and younger, parental consent is already required. Current law also allows a medical provider to inform the parent of medical treatment provided to a minor, 15 years and older, without the minor’s consent.

Ballot Measure 43 allows for an exception to the notice requirement 1) if the parent or guardian is given notice in person, or 2) in the event of a medical emergency which is documented in the minor’s medical file, or 3) if the minor obtains authorization from the Department of Human Services or a court.

A hearing on a request by the unemancipated minor 15 years and older is confidential and may be attended only by the minor, counsel for the minor, witnesses and the administrative law judge. The measure also provides for expedited judicial review by a trial court of an order denying the application considered at the hearing. Consequence for failure to notify a parent as required by the measure may subject the medical provider performing an abortion on an unemancipated minor 15 years and olderto 1) civil liability to the parent of the minor and 2) may subject a medical provider to suspension, revocation or denial of license by the Board of Medical Examiners for the State of Oregon.

::::

Of the people I have talked to, most are all over the place. One thing that is strange though, both the far-left and far-right seem to be against this Measure with a passion.

One guy who is off the charts anti-abortion said it was a bad measure. He was voting no because it doesn’t do enough and the Measure basically says abortions are ok. Many lefties bring up the incest and the abuse angle. Which the abuse angle I worry about, because if a teen is so scared that she won’t tell her parents she is pregnant and will have an abortion, then there no doubt will be some serious issues. The judicial clause may help with this some, but I’m not sure if it’s enough.

One person had an interesting view on it, she said she was against it because it’s a slippery slope to other Measures. She said many States in the South require Parental Notification for birth-control and if that was passed here in Oregon, it would cause more abortions, which is what nobody wants.

A couple of other people said it was just common sense and minors need parental consent, not just notification for other procedures and they were hoping it would pass.

So now it’s your turn. How are you voting on this Measure and why?

You may be able to influence me along with many other undecideds out there who are reading in. Each Oregon Ballot Measure post so far on average has been viewed 150 times by 100 different visitors.

Other Ballot Measure Discussions:

Measure 39 – Eminent Domain

Measure 40 – Judges

Measure 41 – Tax Cut

Measure 42 – Using Credit For Insurance Rates

Oct 19, 04:48 pm | Tryan Hartill
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10 comments on this article (post your own)

1 On Oct 20, 06:27 am, Walter Richards wrote:

QUOTE: A hearing on a request by the unemancipated minor 15 years and older is confidential and may be attended only by the minor, counsel for the minor, witnesses and the administrative law judge.

Putting aside the notification issue for the moment, I have a problem with this. To me, it sounds like the minor can accuse the parents of abuse … it goes to this kangaroo court where the parents aren’t represented AT ALL … and then, other than not having to notify the parents, nothing happens.

If this “court” finds the parents guilty of abuse, or reasonable cause to suspect it … shouldn’t charges be filed? Otherwise, it’s nothing but a sham.

Now, as to the notification.

First, who’s paying the bill? The parents or their insurance company … how are you going to prevent them knowing about it, anyway?

Second, a minor needs parental permission to get a tatoo. So, IMO, parental notification for life-altering surgery isn’t unreasonable. (And yes, it can be life-altering, as many women who’ve had abortions already have testified to.)

Third, AFAIK, minors can’t enter into contracts. This is because the gov’t doesn’t believe they are mature enough to make legal decisions that can affect the rest of their lives. Yet they are mature enough to make medical decisions that can have just as long-lasting consequences?

2 On Oct 20, 07:14 am, Josh wrote:

Did you know that 15, 16 & 17 year olds can consent – WITHOUT parental notification – to ANY other medical proecdure? You may need permission to get a tatoo but not to have plastic therapy or to start taking psychiatric medications prescibed by a doctor. I see far too many cases where girls this age have been sexually victimized by family members or other people close to the family. Stranger rapes and molestations are very unusual in this age range.

3 On Oct 20, 09:28 am, Jim wrote:

I would agree with Josh on this one. I didn’t think about all of the different aspects of this thing until I got a call from a survey group. It pointed out other problems…such as DHS being involved. I don’t know about you, but I have heard enough about DHS being involved in a lot of things that are bad, so that I wouldn’t want them involved. One of the other things, is that this would go to a judge. Aren’t our judges busy enough with other things, than to have to deal with something like this? There is also the suing of doctors over this whole thing about them not notifying within the specified time limit. I can see someone saying that they did not get a notification when they really did, just to get some money from a doctors insurance. I don’t know as a fifteen year old has enough knowledge to get into an abortion deal, but hopefully, in the perfect world, there would be someone for the kid to talk to about it.

4 On Oct 20, 10:40 am, Tryan Hartill wrote:

Speaking of Doctors not notifying, would there be any criminal issues?

Would cases go to you Josh?

5 On Oct 20, 12:23 pm, Walter Richards wrote:

Jim said: There is also the suing of doctors over this whole thing about them not notifying within the specified time limit. I can see someone saying that they did not get a notification when they really did, just to get some money from a doctors insurance.

“Ballot Measure 43 requires that when an unemancipated minor 15 years and older seeks an abortion, the medical provider must first give written notice to a parent of the minor, by certified mail, at least 48 hours prior to providing the abortion.”

By certified mail. If you’re paying for certified mail, you might as well get return receipt. I think “certified mail” was meant to prevent just the scenario you mention, by providing a paper trail for proof. And anyone trying to defraud the insurance/doctor … would be subject to federal (postal) felony charges.

–
And Josh, stranger rape/etc may be uncommon for this age … but which is more common: rape or “consentual” sex? –
I still say it’s a “kangaroo court”. Ironic how all this outrage about suspected terrorists being held without Constitutional Rights, but no outcry over this violation? Maybe that’s because it doesn’t really matter if the parents are found “guilty” or not, because no charges will be filed. But I’ll bet a damned DHS report will be filed saying they’re abusive parents … and they won’t know about it.

Talk about “secret trials”. I’d vote no on the law just because of this travesty of justice.

6 On Oct 22, 08:02 am, Patrick McGee wrote:

How can one be a responsible parent to even consider anything other than “Parental Notification” in a situation like this or any or similar issue regarding their minor children, at least to the age of 18?

7 On Oct 23, 12:56 pm, ellie wrote:

i am doing a speach on measure 43. any info would be greatly appreciated. pixxiegrl14@yahoo.com

8 On Oct 24, 02:39 pm, Cary wrote:

Well said Patrick.

9 On Oct 26, 07:34 am, Patrick McGee wrote:

I ask Ellie; What’s your position on this as it sounds like you may be a student/young woman to whom this measure would impact?

10 On Nov 6, 02:01 pm, Glenn wrote:

Vote yes on 43 and save a kid or two.

Your minor teen child is not old enough to make these kind of decisions and a decision to abort will more than likely haunt your teen for the rest of her life.

Regardless, a minor teen (teenager) can’t take aspirin at school and can’t get her ears pierced without parental consent. Why should a major medical procedure be any different. This is a no brainer. The people fighting this measure (or the money rather) is pooring in from out of state. Every abortion rights activist is sending dough in for this one.

It’s not about abortion so much as it is protecting your teenage child from making a decision that she is more than likely going to regret and certainly isn’t of age to even make that decision.

Oh but, what about the parent abusing the child for being pregnent? The results are in folks and it just isn’t so. The abuse is less than 1%. Yep, less than 1%. Infact, when parents find out their minor child is pregnant, mom, dad, or both are SUPPORTIVE of the teen and make the decision to abort or have the child. At least the parents are clued in and can help their child make that decsion.

No, this isn’t about abortion. It’s about parents helping their children make informed decision.

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