Parental consent policy for abortions suspended

By Alice Keesing
Advertiser Health Writer

The company managing Hawai'i's state hospitals yesterday suspended its policy requiring minors to have their parents' permission to get an abortion after the firm was threatened with legal action.

The Hawai'i Health Systems Corporation implemented the policy at its 12 hospitals less than a month ago, but withdrew it yesterday while it reviews the legal issues. The decision follows criticism that the rule would leave girls, particularly those on the Neighbor Islands, with fewer choices.

HHSC had said it was treating abortions like any other medical procedure that requires parental consent, but the American Civil Liberties Union and Planned Parenthood of Hawai'i said the policy was unconstitutional and could prompt them to challenge it in court.

State health director Bruce Anderson said he received notification from HHSC yesterday that the policy had been withdrawn. The decision followed discussions with state officials and lawmakers since The Advertiser reported the matter last week.

"I think they're still wanting to look at the legal issues as well as perhaps consider some of the other policy issues before adopting a final policy on the subject," Anderson said. "But in the meantime they are planning to make decisions on a case-by-case basis with involvement from other agencies."

Guidelines are being worked out so that minors who request an abortion without parental consent will be referred to department family planning programs for counseling and support, Anderson said.

HHSC officials could not be reached for comment yesterday.

Anderson said HHSC was not forced to withdraw its policy.

"I think it's fair to say the decision was made by HHSC based on discussions with the health department and others," he said.

HHSC is administratively attached to the health department but run by its own board of directors.

The policy was not put before the board, said Anderson, who is one of the board members. The policy was implemented by HHSC chief executive officer Tom Driskill.

Anderson said the issue is certain to come up at a future board meeting: "This issue on abortion is certainly a high-profile one that I think the board should weigh in on."

Planned Parenthood of Hawai'i chief executive officer Barry Raff said the withdrawal of the policy is positive news.

"It provides the teens in Hawai'i with options now," he said. "If the policy is in place the options are extremely limited, especially on the Neighbor Islands. It's positive that legal action didn't have to take place."

Experts say Hawai'i's laws on the matter of parental consent are unclear. Last year, a bill requiring doctors to notify a minor's parents before an abortion was buried at the Legislature.

HHSC said the policy was introduced to end confusion over what the law requires for abortions to minors. It also was to shield hospitals from being sued by parents, based on a law that requires hospitals to get parental consent for any medical treatment.

HHSC has said its hospitals rarely are asked to perform an abortion on a minor without a parent's permission.

Reach Alice Keesing at akeesing@honoluluadvertiser.com or 525-8014.