Legislature(2017 - 2018)BUTROVICH 205
03/15/2017 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
SB 91-EXTEND DISASTER EMERGENCY: OPIOID EPIDEMIC
5:56:30 PM
CHAIR WILSON called the committee back to order. He announced
the consideration of SB 91. He solicited a motion to adopt the
proposed committee substitute (CS).
5:57:08 PM
SENATOR VON IMHOF moved to adopt the work draft CS for SB 91,
30-GS1127\D.
SENATOR GIESSEL objected for purposes of explanation of changes.
CHAIR WILSON reviewed the sectional analysis for the CS as
follows:
Section 1
Authorizes the chief medical officer to issue a standing order,
including a statewide standing order, for the prescription of an
opioid overdose drug.
Section 2
Repeals section 1 on June 30, 2021.
Section 3
Extends to February 14, 2018 the opioid epidemic public health
disaster emergency declared by Governor Walker on February 14,
2017. This section also limits the sources of funding the
governor may use to respond to the disaster emergency and
requires the Department of Health and Social Services to
complete a report and submit the report to the legislature, on
or before October 1, 2018, describing activities and
expenditures related to substance abuse and mental health
services administration grants and the disaster emergency.
Section 4
Makes the bill retroactive to March 15, 2017.
Section 5
Provides an immediate effective date for the bill.
CHAIR WILSON summarized that the intent of the CS was to make
sure that funding is limited to the scope of the federal
Substance Abuse and Mental Health Services Administration
(SAMHSA) grant which the state of Alaska has already received
with a declaration and the distribution of naloxone. He said the
other part of the CS would allow the Legislature, if deemed to
also allow additional funds, to be expended if additional
federal grants or other funding sources were allowed to respond
to the disaster emergency. He detailed that the final part of
the CS was to make sure that funding for current projects will
not be affected by the actions of SB 91.
5:59:42 PM
SENATOR VON IMHOF thanked Chair Wilson for working on the CS and
stated support for the changes that were made.
CHAIR WILSON added that the CS also allows the state medical
director to have a five-year coverage to extend naloxone
coverage.
SENATOR BEGICH thanked Chair Wilson for the changes and
acknowledged that the CS is acceptable to the Department of
Health and Social Services (DHSS) as well.
SENATOR MICCICHE asked that confirmation from DHSS be placed on
the record.
6:01:21 PM
DR. JAY BUTLER, Chief Medical Officer and Director, Division of
Public Health, Alaska Department of Health and Social Services,
Juneau, Alaska, stated that DHSS is in support of the CS.
SENATOR MICCICHE asked him to clarify that the emergency order
was extended to 2018.
CHAIR WILSON answered yes.
SENATOR MICCICHE inquired why immediate authorization for the
chief medical officer to issue a standing order was also
included. He said he thought the authorization for the chief
medical office was the reason for the declaration in the first
place.
SENATOR VON IMHOF replied that she thought the authorization was
only good for 30 days. She assumed that the authorization was
one-two type of step.
6:03:09 PM
KATE GLOVER, Attorney, Legislative Legal Services, Legislative
Affairs Agency, Alaska State Legislature, Juneau, Alaska,
replied to Senator Micciche's question as follows:
As I understand the purpose of the extension is to
extend the declaration of the disaster emergency
because the governor only has authority to declare a
disaster emergency for 30 days. So this bill would
extend that for an additional year. The first section
of the bill also authorizes the chief medical officer
to issue a standing order and that can be effective
through June 30, 2021; but, I think the purpose of the
retroactivity provision through March 15 is so there
is no gap between the expiration of the governor's
disaster declaration and the extension.
SENATOR MICCICHE stated that there is a "disconnect" with his
question. He restated his inquiry as follows:
The reason for the declaration was to not have a need
for the standing order, yet we are providing a
standing order and no longer have a reason for the
emergency declaration and we are extending the
emergency declaration although we are providing a
standing order that begins on March 15, 2017 and it
goes to 2021.
MS. GLOVER replied to Senator Micciche statement as follows:
The March 15, 2017 applies to the entire bill, not
just to the standing order. As to the specific
authorization for the standing order, that maybe a
question more appropriately directed to the
department.
CHAIR WILSON commented on the five-year grant as follows:
I don't want to speak for the department, but I
believe that the life of the grant is a five-year
grant and so by extending the orders for the chief
medical officer, it extends for the lifetime for the
project declared under the disaster.
6:06:14 PM
SENATOR MICCICHE addressed the need for an emergency declaration
as follows:
Respectively, that is quite clear to me. I don't
believe we any longer have a reason for an emergency
declaration which is my primary question; we have
extended that a year although we have retroactive
coverage for the standing order, which was the reason
for the emergency declaration. So I don't believe we
need both.
DR. BUTLER addressed Senator Micciche's question as follows:
Senator Micciche, I think what you are describing is
correct, the disaster declaration was intended to
establish the authority of the chief medical officer
to do the prescription and the bill now actually
establishes that authority and extends it through the
life of the funding cycle for the program. So whether
or not we need the disaster declaration once we have
that authority I think is a valid question.
SENATOR GIESSEL asked him to verify that the emergency order
also allowed federal receipts of funding.
DR. BUTLER answered no. He specified that the funding had
already been acquired through the federal grant. He specified
that the disaster declaration was the most expeditious way to
move forward with the program.
6:08:31 PM
SENATOR GIESSEL asked him to confirm that deleting the emergency
order's extension would not implicate or remove the funding.
DR. BUTLER answered correct.
SENATOR WILSON asked if DHSS or the administration is looking to
acquire more federal funds throughout different departments; for
example, corrections or public safety.
DR. BUTLER replied that DHSS is looking for other federal
sources of funds.
CHAIR WILSON asked if another declaration is required for
additional funds.
DR. BUTLER answered no.
6:09:51 PM
At ease.
6:16:29 PM
CHAIR WILSON called the committee back to order.
6:16:38 PM
SENATOR GIESSEL removed her objection to the CS.
CHAIR WILSON asked if there were any other amendments.
6:16:45 PM
SENATOR GIESSEL said she'd like to offer a conceptual amendment
and ask Ms. Glover if it works. She explained her conceptual
amendment as follows:
There are two facets to my conceptual amendment. The
first one is on line 5, letter (d), starts out, "The
chief medical officer may issue." So there's a lot of
chief medical officers out there, Mr. Chairman, so I
believe this specification should be made, "The chief
medical officer of the Department of Health and Social
Services may issue a standing order." That is the
first part of conceptual amendment.
The second part relates to section 3, letter (a), and
that appears on line 11, on page 1. We have identified
that (a) is not needed, that is to say the extension
of the disaster emergency because we are authorizing
on line 5, the chief medical officer of DHSS to issue
the standing order; that authorization is being taken
care of in line 5, we don't need a disaster extension
to do that. So we believe that removing section (a)
and then going on to page 2 and removing references to
that extension on lines 3, 5, and 14 would retain the
restrictions on the money aspect of all of this, but
remove that reference to the extension. There's also
the word "extending" in line 1, page 1 in the title,
but that's a drafter's expertise there.
SENATOR GIESSEL summarized that her conceptual amendment is the
addition of DHSS to the chief medical officer's specification
and the removal of the extension of the disaster emergency.
CHAIR WILSON asked Ms. Glover if she had any concerns.
6:19:01 PM
MS. GLOVER addressed Senator Giessel's conceptual amendment as
follows:
With respect to the first part adding, "The Department
of Health and Social Services" after chief medical
officer, I think that would be fine. I believe,
although I can't give you a citation right now, I
believe we do use the term "chief medical officer"
elsewhere in the statutes to refer to the chief
medical officer of the Department of Health and Social
Services without specifying that, but I don't believe
it would hurt to clarify that here.
With respect to the second part, if we were to remove
(a), I don't believe that we would need (b). The only
reason that the governor has the authority to transfer
funds from other sources to use the disaster relief
fund is because he's declared a disaster emergency. I
believe that the disaster emergency ends today, today
is the 15th and so once that disaster emergency
expires then there is no longer a need for those
specific funding restrictions under (b); if it still
must report than (c) is helpful, but I don't believe
that (b) would be necessary anymore either if the only
incentive of extending the disaster was to allow for
standing orders then all that needs to happen to allow
standing orders. The authority to spend funding that
is not appropriated for this purpose goes away when
the disaster declaration ends.
SENATOR MICCICHE noted that the committee planned to support the
opioid epidemic activities by having the bill on the Senate
floor the next day. He asked Ms. Glover if she might have
trouble completing the changes in time for the floor session.
MS. GLOVER replied that her office will try its best.
6:21:23 PM
At ease.
6:23:31 PM
CHAIR WILSON called the committee back to order.
SENATOR GIESSEL summarized the changes to the conceptual
amendment as follows:
We took under consideration your recommendation to
remove section (b) on page 2 and saw the wisdom of
that, (c) now becomes the only piece of section 3, but
we would like to make sure that those are annual
reports. So, what is (c), line 12, on page 2, deletes
"On or before October 1, 2018;" the sentence begins,
"The Department of Health and Social Services shall
'annually'," the word "annually" is added, "Complete a
report describing activities and expenditures, etc."
MS. GLOVER replied that the changes made sound fine. She asked
if the annual reports would be through June 30, 2021 because
that is the date section 1 is repealed.
SENATOR GIESSEL explained that the thought of committee members
was that it is possible that the governor may, or DHSS may
secure an additional grant that even goes beyond 2021 in which
case the Legislature would want to continue receiving annual
reports.
MS. GLOVER replied that Senator Giessel's explanation sounds
fine. She summarized that the reporting requirement would
continue in effect indefinitely. She added that the standing
order would be repealed on June 30, 2021 and what remains of the
act would take effect immediately.
SENATOR GIESSEL concurred with Ms. Glover's synopsis of the
conceptual amendment.
MS. GLOVER suggested that some changes be made to the title as
well.
SENATOR GIESSEL replied yes. She noted that the committee
anticipated a title change.
CHAIR WILSON asked that Senator Giessel reiterate her conceptual
amendment.
6:25:39 PM
SENATOR GIESSEL stated the following:
I move conceptual amendment 1, that being on page 1,
line 5, after the words, "The chief medical officer"
would be added to this phrase, "Of the Department of
Health and Social Services."
Then going down to Section 3, line 11, removing
subsection (a) and continuing on page 2, removal of
subsection (b).
Then under subsection (c), line 12 on page 2, the
sentence would delete, "On or before October 1, 2018,"
and would begin, "The Department of Health and Social
Services shall 'annually' [the word annually would be
added there] complete a report."
Then in section (c) there is a phrase on line 14 at
the end of the line that says, "Extended under this
section that is no longer relevant and should be
removed."
6:27:04 PM
CHAIR WILSON asked if there was objection to conceptual
amendment 1.
SENATOR BEGICH said he had no objection, but asked that a
conforming title be added.
SENATOR GIESSEL agreed to a conforming title change.
CHAIR WILSON asked Ms. Glover if the committee could also
request an explanation of the changes that accompany the CS as
amended.
MS. GLOVER answered yes.
6:27:47 PM
CHAIR WILSON announced that hearing no objection, conceptual
amendment 1 is adopted.
6:28:04 PM
At ease.
6:28:20 PM
CHAIR WILSON called the committee back to order. Finding no
further objection, he solicited a motion.
6:28:46 PM
SENATOR VON IMHOF moved to report SB 91, as amended, with
forthcoming updated fiscal note(s).
CHAIR WILSON announced that there being no objection, CSSB
91(HSS) moved from the Senate Health and Social Services
Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Leg Legal Memo SB 91.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v D.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v D sectional.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v J.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v J changes.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v D FN2.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| Alaska Mental Health Board Support SB 91.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |