Legislature(2011 - 2012)CAPITOL 106

03/30/2011 08:00 AM House EDUCATION


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08:05:25 AM Start
08:05:59 AM Presentation(s): Superintendent Lower Yukon School District
08:23:11 AM HB15
08:53:02 AM HB5
09:26:18 AM HB199
10:02:06 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Lower Yukon School District TELECONFERENCED
Superintendent
+= HB 199 FUNDING FOR STATE BOARDING SCHOOLS TELECONFERENCED
Heard & Held
+= HB 198 SPEC. EDUC. SERVICE AGENCY FUNDING/SUNSET TELECONFERENCED
Scheduled But Not Heard
+= HB 15 STUDENT ATHLETE TRAUMATIC BRAIN INJURIES TELECONFERENCED
Moved CSHB 15(EDC) Out of Committee
+= HB 5 CONSTITUTIONAL HISTORY CURRICULUM TELECONFERENCED
Moved CSHB 5(EDC) Out of Committee
+ Bills Previously Heard/Scheduled 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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