Legislature(2011 - 2012)CAPITOL 106
03/30/2011 08:00 AM House EDUCATION
Audio | Topic |
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Start | |
Presentation(s): Superintendent Lower Yukon School District | |
HB15 | |
HB5 | |
HB199 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
+= | HB 199 | TELECONFERENCED | |
+= | HB 198 | TELECONFERENCED | |
+= | HB 15 | TELECONFERENCED | |
+= | HB 5 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 15-STUDENT ATHLETE TRAUMATIC BRAIN INJURIES CHAIR DICK announced that the next order of business would be HOUSE BILL NO. 15, "An Act relating to prevention and evaluation of and liability for traumatic brain injuries in student athletes." [In front of the committee was Version M.] 8:23:11 AM FRANK AMEDURI, Staff, Representative Mike Doogan, Alaska State Legislature, recapped the purpose of HB 15, which was to reduce the possibility for a second concussion to occur before recovery from a first concussion. He pointed out that the proposed bill was modeled after the Zackery Lystedt Law in Washington State. He explained the three parts of HB 15: the education of parents, coaches, and students for the causes, signs, and responses to concussion; a requirement to remove a student from practice or a game if a concussion was suspected; and a requirement for a qualified medical professional to clear the player prior to their return to play. He declared that concussions will occur, but that the danger was increased when appropriate steps to prevent a recurrence were not taken. He noted that the Alaska School Activities Association (ASAA) had already declared it would adhere to this practice, regardless of passage of the bill, and he expressed optimism that other youth levels not covered by HB 15 would also adhere to these guidelines. He shared that district superintendents had indicated that these guidelines would be extended to the middle schools, as well, and that school nurses would lobby for these guidelines to be included for playgrounds. He acknowledged that the challenge for access to a "qualified medical or licensed medical professional is quite a bit more difficult" for rural communities in Alaska. He pointed to Version M, page 3, line 2, and shared that "a person who is acting at the direction and under the supervision of a licensed physician" had been added to the original version. He said that community health aides would be included if they worked under the direction of a physician. He declared the importance "to err on the side of health" and to offer no less protection in rural Alaska. 8:30:06 AM MR. AMEDURI, in response to an earlier question from Representative Feige, said that the liability language had been scrutinized to ensure that coverage would include an injury that did not occur on school property. He noted that an amendment would be proposed to address this issue. He reiterated that there was no prevention to a concussion, but that the proposed bill would prevent further injury from "the stacking of concussions, one on top of the other." 8:33:22 AM REPRESENTATIVE FEIGE moved to adopt Amendment 1, labeled 27- LS0130\M.1, Mischel, 3/29/11, which read: Page 3, line 12: Delete "on school property" 8:34:00 AM REPRESENTATIVE KAWASAKI objected for discussion. 8:34:04 AM REPRESENTATIVE KAWASAKI asked if this proposed amendment would cover transportation to and from an event. 8:34:17 AM REPRESENTATIVE P. WILSON, reading the proposed bill with the proposed Amendment 1 included, offered her belief that it could include an activity, such as track, with participation both on and off the school grounds. 8:34:44 AM REPRESENTATIVE FEIGE opined that inclusion of proposed Amendment 1 recognized that facilities other than school property, especially in rural Alaska, were utilized. 8:35:14 AM REPRESENTATIVE KAWASAKI withdrew his objection. There being no further objection, Amendment 1 was adopted. 8:35:53 AM GARY MATTHEWS, Executive Director, Alaska School Activities Association (ASAA), stated that ASAA, and its membership of more than 200 high schools, supported HB 15. He stated the desire of ASAA to implement procedures and logical processes to minimize injury and maximize safety. He said that ASAA worked with the national organizations "to develop rules and tactics to limit and reduce the potential of head injuries in contact sports." He referred to the issue of a "qualified person" and made three points: the State of Alaska did not have a registry that listed health care providers who had received training and were currently certified in the evaluation and management of concussions; the health care provider was the only person to know if he or she was qualified under the statute; the students, the school district, and ASAA had placed the burden of proof on the health care provider. He suggested a conceptual amendment to Version M, page 2, line 30, after "management of concussions," to add "as verified in writing by the qualified person." He offered his belief that coaches and administrators did not know the qualifications of the "qualified person." 8:39:38 AM MR. AMEDURI suggested that, as ASAA was already moving in this direction, this stipulation could be addressed in the by-laws. He surmised that it could be implemented differently in each school district, and that it was important that the statute not specify every detail that may need to be addressed. He offered his understanding that a written release by a medical provider would indicate qualification. 8:41:13 AM REPRESENTATIVE P. WILSON suggested that it was important to have a trained person at each school to attend to any injured students. 8:42:29 AM CHAIR DICK asked if a conceptual amendment should be added to proposed HB 15. 8:42:47 AM REPRESENTATIVE FEIGE offered his belief that the proposed bill should give "adequate direction" and that micromanagement was not necessary. 8:43:05 AM REPRESENTATIVE SEATON pointed out that some health care professionals were exempt from state licensing in Alaska, and he asked if this had been addressed in the proposed bill. 8:44:14 AM MR. AMEDURI offered his belief that a conceptual amendment addressing this had been passed. The committee took a brief at-ease. 8:45:59 AM REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 2 which stated: Page 3, line 2, Insert "(2) a health care professional who is exempt from occupational licensing by the state." [This was adopted as Conceptual Amendment 1 by the House Education Standing Committee on 3/16/11.] 8:46:19 AM REPRESENTATIVE P. WILSON objected for discussion. 8:46:53 AM REPRESENTATIVE SEATON explained that a number of health care professionals working with the Indian Health Service (IHS) were not required to have the same state occupational licensing. He pointed out that IHS physicians in rural Alaska should be included in the proposed bill. 8:47:44 AM REPRESENTATIVE P. WILSON removed her objection. There being no further objection, Conceptual Amendment 2 was adopted. 8:48:05 AM REPRESENTATIVE PRUITT moved to report CSHB 15, Version 27- LS0130\M, Mischel, 2/17/11, as amended, out of committee with individual recommendations and the accompanying zero fiscal note. 8:48:27 AM REPRESENTATIVE KAWASAKI objected. He stated that both the liability and immunity issues were still in question, and he pointed out that the proposed bill had not being referred to House Judiciary Standing Committee. 8:48:59 AM REPRESENTATIVE KAWASAKI withdrew his objection. There being no further objection, CSHB 15(EDC) was reported from the House Education Standing Committee. 8:49:14 AM The committee took a brief at-ease. 8:49:28 AM CHAIR DICK asked the committee to concur on a request to the Speaker of the House to have HB 15 referred to the House Judiciary Standing Committee, and the committee agreed to forward the request.
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