Legislature(2011 - 2012)CAPITOL 106

03/29/2012 03:00 PM House HEALTH & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 202 RESUSCITATION PROTOCOL DOCUMENTS TELECONFERENCED
Moved Out of Committee
+ SCR 16 CELIAC DISEASE AWARENESS MONTH TELECONFERENCED
Moved Out of Committee
*+ HB 319 STUDY HEALTH EFFECTS OF AIRPORT SCREENING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 319-STUDY HEALTH EFFECTS OF AIRPORT SCREENING                                                                    
                                                                                                                                
3:44:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
HOUSE  BILL NO.  319, "An  Act requiring  a study  of the  health                                                               
effects of airport security screening."                                                                                         
                                                                                                                                
3:45:00 PM                                                                                                                    
                                                                                                                                
ANNA  WHITE, Staff,  Representative Sharon  Cissna, Alaska  State                                                               
Legislature, paraphrased from the sponsor statement:                                                                            
                                                                                                                                
     HB  319 requires  the Department  of Health  and Social                                                                    
     Services  to conduct  a study  to determine  the health                                                                    
     consequences  of  the federal  Transportation  Security                                                                    
     Administration's  (TSA)  procedures  in  Alaska.    The                                                                    
     study  will indicate  the physical,  mental health  and                                                                    
     emotional  impacts   on  Alaskans  who   are  traveling                                                                    
     through locations that require TSA procedures.                                                                             
                                                                                                                                
     Many Alaskans  who have  traveled outside  Alaska since                                                                    
     October  2010 have  experienced full-body  scanners and                                                                    
     invasive  physical   exams  given  by  TSA   in  larger                                                                    
     airports  throughout  the   United  States.    However,                                                                    
     starting in  December of last year,  body scanners were                                                                    
     installed at  the international airports  in Anchorage,                                                                    
     Fairbanks, Juneau and Ketchikan.                                                                                           
                                                                                                                                
     The  software in  these machines  makes the  image less                                                                    
     personal  that   those  of  older  machines,   but  the                                                                    
     scanner's  millimeter wavelength  technology has  drawn                                                                    
     health  concern  from  some passengers,  and  there  is                                                                    
     insufficient independent scientific  verification to be                                                                    
     assured of their safety.                                                                                                   
                                                                                                                                
     If  a   scanner  detects  anything  irregular   in  the                                                                    
     person's  body,  or  if  a   passenger  refuses  to  be                                                                    
     scanned, TSA procedures  call for a hands-on  exam by a                                                                    
     TSA  employee.     People  who  have   previously  been                                                                    
     subjected to  events, either from  work, environmental,                                                                    
     medical treatment  or physical  assault related  can be                                                                    
     re-traumatized    by    this    type    of    touching.                                                                    
     Unfortunately,   trauma   is   pervasive   in   Alaska.                                                                    
     Increase in  physically invasive touch on  a population                                                                    
     leading  the nation  in trauma  of many  kinds requires                                                                    
     study to  assess the mental health  impacts on Alaska's                                                                    
     population.   The cost of  those impacts also  needs to                                                                    
     be examined.                                                                                                               
                                                                                                                                
     In addition  to emotional  reactions, there  is concern                                                                    
     for  protecting   the  public  health.     Among  these                                                                    
     concerns is  the need for  advanced health  training of                                                                    
     TSA workers  who touch private and  possibly surgically                                                                    
     or  otherwise injured  body parts  that  may also  have                                                                    
     communicable diseases.   These  issues are  critical to                                                                    
     travel  in  Alaska.   Alaskans  not  only travel  eight                                                                    
     times more  than the national  average, and a  study is                                                                    
     needed  to critically  assess the  possible impacts  of                                                                    
     TSA procedures  on the  mental, emotional  and physical                                                                    
     health of Alaskans.                                                                                                        
                                                                                                                                
3:47:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SHARON CISSNA,  Alaska State Legislature, declared                                                               
that Alaska had  high levels of trauma,  behavioral problems, and                                                               
domestic  violence, and  consequently,  that  many Alaskans  were                                                               
more  sensitive  to  being  touched   in  an  inappropriate  way.                                                               
Reporting  that the  "pat  downs" started  in  October 2010,  she                                                               
declared these  to be  "a physical  exam by  someone who  did not                                                               
know what  they were  doing, and  it was  beyond invasive."   She                                                               
relayed that,  after she  had gone public  with her  reactions to                                                               
the use  of a body scanner  a few months later,  she had received                                                               
about 1000  e-mails.  Since  that time,  she stated that  she had                                                               
received an additional 1000 e-mails,  calls, and letters relating                                                               
personal  stories of  airport  experiences.   She  said the  vast                                                               
majority of  the respondents had  not reported  their experiences                                                               
to TSA.   She  explained that  the proposed  bill would  have the                                                               
Department of Health  and Social Services (DHSS)  conduct a study                                                               
of the impacts  that occur [from airport  screenings], and review                                                               
"health in a broader way than  some people would."  She professed                                                               
that this would identify the  psychological trauma, especially to                                                               
those  suffering from  post-traumatic stress  disorder, from  the                                                               
airport  screening.   She explained  that this  re-traumatization                                                               
from  the  screenings  could  reverse  any  prior  therapies  for                                                               
trauma.   She offered a  personal experience.  She  declared that                                                               
the  proposed study  would  clarify many  questions.   She  spoke                                                               
about  the confusion  for children  when  watching their  parents                                                               
being touched  at the airport  screenings "in the very  way their                                                               
parents told them  not to let anybody touch them."   She declared                                                               
that  Alaska already  had to  spend a  large amount  of money  on                                                               
mental and  physical health issues,  and that  airport screenings                                                               
brought  up many  of  these  issues.   She  described a  physical                                                               
contact during  an airport screening  that was a  health concern.                                                               
She offered her  belief that the study [described  in proposed HB
319] was necessary.                                                                                                             
                                                                                                                                
3:58:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK asked about her  discussions with DHSS and if                                                               
there was a fiscal note for the proposed bill.                                                                                  
                                                                                                                                
REPRESENTATIVE CISSNA  directed attention to the  attached fiscal                                                               
note [Included  in members' packets].   She agreed  that although                                                               
it was not  a small amount, DHSS had forecast  the need for three                                                               
studies.                                                                                                                        
                                                                                                                                
3:59:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  pointed out that  the fiscal note  was for                                                               
$640,000 in each of FY13 and FY 14.                                                                                             
                                                                                                                                
REPRESENTATIVE  CISSNA said  that  the proposed  bill would  also                                                               
address some  of the governor's  concerns.  She shared  that when                                                               
she had asked TSA for a  study, they had instead responded to the                                                               
governor with  an "outline [of]  the job they're doing,  but with                                                               
no numbers or any real study."                                                                                                  
                                                                                                                                
4:00:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK asked if there had been a nationwide study.                                                                 
                                                                                                                                
REPRESENTATIVE CISSNA, in  response, said that she  had not found                                                               
any  of  this  information.    She declared  that  there  was  no                                                               
oversight  on TSA,  and that  states did  not have  the power  to                                                               
change  TSA, as  it  was a  federal entity.    She expressed  her                                                               
concern   that  the   State  of   Alaska  would   be  financially                                                               
accountable  for   the  outcome  of  these   airport  screenings,                                                               
especially for any problems related to re-traumatization.                                                                       
                                                                                                                                
4:02:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  whether the  proposed study  should                                                               
concentrate on the newer screening  systems, instead of including                                                               
the older systems.                                                                                                              
                                                                                                                                
REPRESENTATIVE  CISSNA suggested  that there  would be  different                                                               
effects  from each  type of  technology, and  she questioned  the                                                               
safety  and consequences  from each  type.   She  shared the  TSA                                                               
claim  that  the scanner  was  safer  than  the flight,  and  she                                                               
reported that her  next study would be on the  dangers of flight.                                                               
She  offered her  belief that  the new  scanners were  more X-ray                                                               
like,  and  could  be  more damaging  to  anyone  with  potential                                                               
cancers on body surfaces.  She  expressed her desire to find that                                                               
other studies were  available.  She opined that  studies were not                                                               
conducted because of "what feels like political issues."                                                                        
                                                                                                                                
4:06:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON, directing attention to  page 1, line 7, of                                                               
the  proposed bill,  asked to  clarify the  intent of  the study;                                                               
whether  the bill  was attempting  to establish  a percentage  of                                                               
traumatized people, or to find out if these traumas did exist.                                                                  
                                                                                                                                
REPRESENTATIVE  CISSNA replied  that  she wanted  to ensure  that                                                               
Alaska airports  were given  the freedom  to change  the security                                                               
process  which  was  "inflicted   on  our  passengers,"  so  that                                                               
passengers were  touched in ways  that were respectful  and safe.                                                               
She declared  that the State  of Alaska needed to  be responsible                                                               
for the money  spent on health care, "to fight  to make sure that                                                               
we bring the  cost down," and to demand to  be reimbursed for the                                                               
costs that arise from federal decisions.                                                                                        
                                                                                                                                
4:10:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KERTTULA, offering  her belief  that the  federal                                                               
government should do this study,  opined that the proposed fiscal                                                               
note would  not allow the proposed  bill to pass.   She suggested                                                               
inserting "(E)  post-traumatic stress disorder" on  page 1, after                                                               
line 13.                                                                                                                        
                                                                                                                                
4:11:37 PM                                                                                                                    
                                                                                                                                
MARILYN  GUTTENBERG   declared  that   there  was   physical  and                                                               
psychological harm  from repeated use of  the screening machines,                                                               
as the  machines were not  calibrated.  She described  a personal                                                               
experience.                                                                                                                     
                                                                                                                                
DIANE  SCHENKER, Co-Director,  Alaskans' Freedom  to Travel  USA,                                                               
said  that she  had  spent at  least  one day  each  week at  the                                                               
Anchorage Airport interviewing travelers  since the scanners were                                                               
installed in December  2011.  She declared that  the scanners had                                                               
many false alarms; hence, the  screeners would pat down and touch                                                               
the passengers.   She  relayed some of  the passenger  stories of                                                               
invasive pat downs  by screeners.  She commented  on the possible                                                               
health consequences  from searches  of luggage, as  passengers no                                                               
longer had any  control over their luggage.  She  stated that, as                                                               
some  people  would  no  longer   travel  by  plane,  there  were                                                               
unintended health consequences.                                                                                                 
                                                                                                                                
4:18:49 PM                                                                                                                    
                                                                                                                                
PATRICIA ANDERSON, Co-Director, Alaskans'  Freedom to Travel USA,                                                               
stated that  she had been groped  5 times in the  last 16 months,                                                               
and she had cancelled two other  flights because she did not want                                                               
to be  touched again.   She declared that  she now refused  to go                                                               
through the  scanners, as she  was not  assured to the  safety of                                                               
these scanners.   She discussed some of  her personal experiences                                                               
with TSA and  her concerns with her perceived  lack of sanitation                                                               
by TSA,  revealing that she  did want  to do anything  that could                                                               
compromise  her well-being.    She stated  that  flying was  very                                                               
stressful.  She  expressed her concern for the  well-being of her                                                               
daughter,  and that  she had  attempted  to limit  both of  their                                                               
exposures to  x-rays.   She declared the  need for  an immediate,                                                               
independent, published study.                                                                                                   
                                                                                                                                
4:23:17 PM                                                                                                                    
                                                                                                                                
JOE MCLAUGHLIN, MD, MPH, Chief  and State Epidemiologist, Section                                                               
of Epidemiology, Division of Public  Health, Department of Health                                                               
and  Social  Services,  stated that  the  administration  had  no                                                               
position on the proposed bill.   He declared that proposed HB 319                                                               
would require  DHSS to investigate  the varied health  effects of                                                               
airport  screening  in  general.    He noted  that  it  would  be                                                               
necessary to evaluate the potential  for psychological trauma and                                                               
physical  effect  from  airport   screening  to  travelers.    He                                                               
declared  that passage  of  HB 319  would  necessitate that  DHSS                                                               
contract  with  one  or  more outside  agencies  to  perform  the                                                               
studies.  He  offered his belief that this  would require several                                                               
separate  studies, including  behavioral health,  radiologic, and                                                               
toxicologic studies.   Each  of these  studies would  require the                                                               
development  of  a study  protocol,  review  by an  institutional                                                               
review board, and two years  for the implementation and write up.                                                               
He  declared  that  the  studies   would  be  very  expensive,  a                                                               
challenge to  successfully implement, and a  substantial increase                                                               
to the current DHSS workload.                                                                                                   
                                                                                                                                
4:25:54 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
4:26:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  asked Representative Cissna if  the proposed                                                               
bill would  be a good  investment of  the funds and  effective in                                                               
repealing the actions of TSA.                                                                                                   
                                                                                                                                
4:27:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  offered her  belief that many  actions had                                                               
occurred without  a full study  to the consequences.   She opined                                                               
that the  screenings at airports  would change our culture.   She                                                               
shared  that officials  from TSA  had suggested  a curricula  for                                                               
children to  better understand  the pat downs  at airports.   She                                                               
declared that  federal and state  constitutional rights  had been                                                               
lost.  She suggested that  the federal government should be sued.                                                               
She declared  that proposed HB  319 was  an effort to  gather the                                                               
information.                                                                                                                    
                                                                                                                                
4:31:36 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER declared that HB 319 would be held over.                                                                           

Document Name Date/Time Subjects
SB202.PDF HHSS 3/29/2012 3:00:00 PM
SB 202
SB202 Sponsor Statement.pdf HHSS 3/29/2012 3:00:00 PM
SB 202
SB202 Fiscal Note.pdf HHSS 3/29/2012 3:00:00 PM
SB 202
SB202 Supporting Document-Letter ACEMS.pdf HHSS 3/29/2012 3:00:00 PM
SB 202
SCR16 ver M.pdf HHSS 3/29/2012 3:00:00 PM
SCR 16
SCR16 Sponsor Statement.pdf HHSS 3/29/2012 3:00:00 PM
SCR16 Fiscal Note-SSTA-02-08-12.pdf HHSS 3/29/2012 3:00:00 PM
SCR16 Supporting Document-U of Chicago Celiac Disease Facts and Figures.pdf HHSS 3/29/2012 3:00:00 PM
SCR16 Supporting Document- National Digestive Disease Information Clearinghouse.pdf HHSS 3/29/2012 3:00:00 PM
SCR16 Support Letters.PDF HHSS 3/29/2012 3:00:00 PM
SCR16 Supporting Document-U of Chicago Research PR.pdf HHSS 3/29/2012 3:00:00 PM
HB 319- Bill.pdf HHSS 3/29/2012 3:00:00 PM
HB 319
HB 319- Sponsor Statement v2.pdf HHSS 3/29/2012 3:00:00 PM
HB 319
HB 319- Sectional Analysis.pdf HHSS 3/29/2012 3:00:00 PM
HB 319
HB 319 Fiscal Note-DHSS-EPI-03-27-12.pdf HHSS 3/29/2012 3:00:00 PM
HB 319
HB319 Support Document-ADN Article- Intervene to protect children from abuse - Copy.pdf HHSS 3/29/2012 3:00:00 PM
HB 319
HB319-Fiscal Note.pdf HHSS 3/29/2012 3:00:00 PM
HB 319
HB319 Support Document Leg Research-12-179 LegResearch2.pdf HHSS 3/29/2012 3:00:00 PM
HB 319