Legislature(2013 - 2014)CAPITOL 106

02/21/2013 03:00 PM House HEALTH & SOCIAL SERVICES


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03:02:05 PM Start
03:02:44 PM Presentation: Alaska Brain Injury Network
03:39:31 PM Presentation: Key Coalition
03:58:22 PM HB90
04:52:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentations by: TELECONFERENCED
- Alaska Brain Injury Network
- Key Coalition
*+ HB 90 VITAMIN D SUPPLEMENTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HB 90-VITAMIN D SUPPLEMENTS                                                                               
                                                                                                                                
3:58:22 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  announced that the  final order of  business would                                                               
be HOUSE  BILL NO. 90,  "An Act establishing a  temporary program                                                               
in  the Department  of  Health and  Social  Services for  testing                                                               
newborns for baseline vitamin D levels."                                                                                        
                                                                                                                                
3:58:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute  (CS)   for  HB  90,  labeled   28-LS0376\U,  Mischel,                                                               
2/14/13, as the working draft.   There being no objection, it was                                                               
so ordered.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON,  as the  sponsor  of  the proposed  bill,                                                               
offered some  background, referring  to a handout  titled Vitamin                                                               
D-HCR 5  [Included in members'  packets].  He declared  that this                                                               
legislation had  been unanimously  passed by  both the  House and                                                               
the Senate during  the 27th Legislature.  He  explained that this                                                               
resolution  promoted "vitamin  D supplements  for pregnant  women                                                               
and infants  to prevent pregnancy complications,  preterm births,                                                               
type 1  diabetes, and rickets."   He pointed out that  all of the                                                               
studies  referred to  by the  resolution  were available  through                                                               
links on  his website.   He  noted that  there was  now published                                                               
research, February  2012, on  an Australian  study of  743 mother                                                               
and infant pairs, measuring the  vitamin D levels from the second                                                               
trimester of pregnancy until the children were 17 years of age.                                                                 
                                                                                                                                
4:01:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON directed  attention to slide 1,  page 11 of                                                               
the HB  90 Study-Australia [Included  in members'  packets] which                                                               
identified children ages  5 and 10 in each of  four quartiles for                                                               
nanograms  per liter  (ng/ml) of  vitamin D.   He  explained that                                                               
Quartile 1 was  pregnant women testing below 18  ng/ml of Vitamin                                                               
D, while Quartile  4 was women testing above 29  ng/ml of Vitamin                                                               
D during  pregnancy.  He pointed  out that the women  in Quartile                                                               
4,  with children  age 5,  only had  3 percent  of children  with                                                               
moderate to  severe language impairment, while  women in Quartile                                                               
1 had  13 percent  of the  same age children  with this  level of                                                               
language  impairment.   He then  directed attention  to the  same                                                               
quartiles for  children age  10, and noted  that the  children of                                                               
mothers  with lower  vitamin  D during  pregnancy  had more  than                                                               
twice as many children with language impairment.                                                                                
                                                                                                                                
4:04:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  directed  attention  to slide  2,  HB  90                                                               
Study-Australia page  12-12 of  the handout.   He  explained that                                                               
almost all vitamin  D was processed through the  skin from midday                                                               
sun  exposure, as  the Ultraviolet  B was  absorbed later  in the                                                               
day.   He noted that there  was more overhead sun  when closer to                                                               
the equator.                                                                                                                    
                                                                                                                                
4:05:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  directed  attention  to slide  3,  HB  90                                                               
Support Study-Spain, page 5 of  10 in the handout, which measured                                                               
mental and psychomotor development for  children at age 14 months                                                               
from mothers measured  in the second trimester of  pregnancy.  He                                                               
declared  that the  findings reflected  more vitamin  D naturally                                                               
occurred the closer the latitude to the equator.                                                                                
                                                                                                                                
4:07:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON reported  on slide 4, HB  90 Support Study-                                                               
Spain, page  6 of  10 in  the handout,  which graphed  the higher                                                               
amount of vitamin D during the months with more light exposure.                                                                 
                                                                                                                                
4:08:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  on  to  another mother-infant  pair                                                               
study on  slide 5,  HB 90  Study-Pittsburgh, page 1  of 7  of the                                                               
handout.   He  said  this  study also  compared  black and  white                                                               
pregnant women  with the same levels  of vitamin D in  cord blood                                                               
at birth.  He explained that  this study was useful to Alaska, as                                                               
the skin pigment blocked ultra  violet rays, which influenced the                                                               
amount of vitamin  D absorbed.  He pointed out  that both pigment                                                               
and the long sleeves worn in Alaska blocked sunshine.                                                                           
                                                                                                                                
4:10:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to the  article, "Vitamin  D and                                                               
Suicide Risk Factors," and the  article, "Is low Vitamin D linked                                                               
to  military suicide?"  [Included in  the members'  packets]   He                                                               
said that low vitamin D doubled the risk for completing suicide.                                                                
                                                                                                                                
4:11:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON reported  that a  study of  military basic                                                               
training in  South Carolina  surmised that  the vitamin  D levels                                                               
had dropped dramatically after eight  weeks "because of the heavy                                                               
clothes" which blocked absorption and manufacture of vitamin D.                                                                 
                                                                                                                                
4:11:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  referred  to  an  intervention  study  in                                                               
Sweden  in  October,  2012,  which  divided  a  group  of  immune                                                               
compromised  people for  a  year.   Half  of  the group  received                                                               
vitamin  D supplements  and the  other half  received a  placebo,                                                               
with  the  vitamin D  group  having  a  23 percent  reduction  in                                                               
infection rates.   He suggested  that Alaska study the  impact of                                                               
vitamin D on infants.                                                                                                           
                                                                                                                                
4:13:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  explained that the purpose  of proposed HB
90 was  to conduct  a one  year study of  the vitamin  D baseline                                                               
levels  of new  born  children.   He  suggested  that this  could                                                               
reveal  a causality  problem of  low  vitamin D  with the  second                                                               
trimester development  of the language  center in the brain.   He                                                               
pointed out  the potential  severity of  the consequences  of low                                                               
vitamin D.   He suggested that the further from  the equator, the                                                               
lower the amount of Vitamin D.                                                                                                  
                                                                                                                                
4:14:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  explained  that  the  proposed  study  to                                                               
establish the  level for  vitamin D in  newborns in  Alaska would                                                               
cost  about  $300,000.   He  clarified  that  the study  was  not                                                               
attempting  to determine  the  proper  level of  Vitamin  D.   He                                                               
surmised that,  if vitamin D  deficiency in the  second trimester                                                               
was  found to  be causally  associated with  language impairment,                                                               
then,  given a  similar regional  distribution to  other studies,                                                               
about 400 fewer kids would enter  school each year with severe to                                                               
moderate language  impairment.  He said  that language impairment                                                               
was the second largest disability  category in Alaska.  He stated                                                               
that the proposed  bill was intended to establish  a baseline for                                                               
vitamin D in  children in order to promote the  ongoing cause for                                                               
improvement of health and education in Alaska.                                                                                  
                                                                                                                                
4:17:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON directed attention  to the letter from Eric                                                               
Gebhardt,  Superintendent  of  the Nenana  City  School  District                                                               
[Included in members'  packets] which described a  study of their                                                               
vitamin  D supplement  program.   He relayed  the statistics  for                                                               
fewer days  absent due  to illness by  students partaking  in the                                                               
vitamin D  supplement.  He  reported that returning  students who                                                               
had continued  participation from  2011 had lowered  their absent                                                               
days by more than 50 percent over the previous year.                                                                            
                                                                                                                                
4:20:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON clarified that  the assessment of vitamin D                                                               
from new born children would use  two drops of the umbilical cord                                                               
blood simultaneous to other testing.                                                                                            
                                                                                                                                
4:21:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  if  there  was  already  a  test                                                               
offered for vitamin D.                                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON,  in  response,   said  that,  tests  were                                                               
currently administered for heritable  genetic disorders.  He said                                                               
that there was not currently a test  for vitamin D, as it was not                                                               
a heritable condition.  He  explained that the only condition was                                                               
that the mother did not have enough vitamin D.                                                                                  
                                                                                                                                
4:22:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  if there  was an  attached fiscal                                                               
note for  proposed HB 90.   She opined that  a good way  to lower                                                               
the overall budget  for Department of Health  and Social Services                                                               
(DHSS) would be  for an emphasis on prevention.   She stated that                                                               
she was interested in the "risk benefit cost analysis."                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON replied  that the  requested $300,000  was                                                               
far less  than the  $287 per  test which DHSS  would charge.   As                                                               
this would be a temporary law,  there had been a very inexpensive                                                               
offer for the tests and initial  analysis.  He suggested that the                                                               
proposed bill be  amended to include private testing,  and at the                                                               
least cost to the state.   He added that DHSS had speculated that                                                               
further regulations  would be necessary, which  would necessitate                                                               
postponement of the proposed program.                                                                                           
                                                                                                                                
4:24:45 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  asked who  had paid for  the studies  in Australia                                                               
and Spain.                                                                                                                      
                                                                                                                                
4:25:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON, in response, said that he would find out.                                                                
                                                                                                                                
4:25:32 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS offered  his belief  that the  vitamin D  industry                                                               
should pay  for any studies done  on its behalf.   He stated that                                                               
studies were often  for some businesses benefit.   He opined that                                                               
people  could not  be  forced  to take  vitamin  D,  even if  the                                                               
studies  revealed  the  necessity.   He  asked  "what's  the  end                                                               
product  here, what's  the end  result of  what you're  trying to                                                               
accomplish."                                                                                                                    
                                                                                                                                
4:26:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON replied that the  goal was to make Alaskans                                                               
and the health system aware of  ways to improve health in Alaska.                                                               
He stated that  people needed to be aware of  their personal need                                                               
for more vitamin D, pointing  to the potential severe impacts for                                                               
its  lack.   He  declared  that  there  was  not any  attempt  to                                                               
mandate.                                                                                                                        
                                                                                                                                
4:27:58 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS opined  that although many studies  would show that                                                               
vitamin D  was helpful, he  questioned the necessity  for another                                                               
study.  He asked "is the state  going to foot that bill too, that                                                               
campaign to get out  there to tell people to get  vitamin D."  He                                                               
acknowledged  that  the  state  had  a  responsibility  for  good                                                               
health, and  that it was  incumbent to  do what was  necessary to                                                               
ensure that; however,  he felt it was the  responsibility for any                                                               
specific industry to pay for studies to which it benefited.                                                                     
                                                                                                                                
4:29:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  replied that  he agreed, but  he explained                                                               
that, as vitamin  D could not be patented, there  was no money in                                                               
vitamin D studies.  He pointed out  that a year and a half supply                                                               
of vitamin  D was $12.   He clarified  that it was  technically a                                                               
hormone, not a  vitamin.  He offered to research  the funders for                                                               
the  vitamin D  studies, and  he opined  that these  longitudinal                                                               
studies were most often sponsored and funded by governments.                                                                    
                                                                                                                                
4:31:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  offered  her   support  for  the  potential                                                               
positive affect  to educational outcomes.   She suggested  a link                                                               
with  the  Department  of Education  and  Early  Development  and                                                               
Department  of Health  and Social  Services to  encourage further                                                               
research.                                                                                                                       
                                                                                                                                
4:32:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  replied  that  he  had  spoken  with  the                                                               
president of  the University  of Alaska,  who would  discuss this                                                               
further with various departments.                                                                                               
                                                                                                                                
4:33:16 PM                                                                                                                    
                                                                                                                                
TANEEKA HANSEN,  Staff, Representative Paul Seaton,  Alaska State                                                               
Legislature,  directed  attention to  the  letter  from Dr.  Abel                                                               
Bult-Ito, University  of Alaska Fairbanks. [Included  in members'                                                               
packets]                                                                                                                        
                                                                                                                                
4:34:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  asked to  clarify  that  this was  not  a                                                               
longitudinal study, but was only  intended to identify the amount                                                               
of vitamin  D in  new born children.   He asked  if there  was an                                                               
accompanying fiscal note.                                                                                                       
                                                                                                                                
4:34:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON, in response, said  that the cost to do the                                                               
survey  and analyze  the samples  would be  $300,000.   He listed                                                               
other  background information  that  would be  beneficial to  the                                                               
analysis.    He  repeated  that  this  was  not  any  attempt  to                                                               
establish any levels, just to find  a baseline.  He declared that                                                               
people could opt out of the  study, and that the study was Health                                                               
Insurance Portability and Accountability Act (HIPAA) compliant.                                                                 
                                                                                                                                
MS.  HANSEN noted  that the  Western  Institutional Review  board                                                               
process  would  assure  that  this was  all  being  conducted  in                                                               
compliance.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON stated  that, as  this study  was for  all                                                               
Alaskans, it would  include an assessment of  the sub populations                                                               
in relation to the aggregate.                                                                                                   
                                                                                                                                
4:37:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER, directing attention  to Version U, page 1,                                                               
line 11-12, read:  "for testing the vitamin D  levels of newborns                                                               
at birth or as  soon after birth as possible."   He asked if this                                                               
would  include  a survey  of  the  mother  and  the family.    He                                                               
questioned  whether  the  specificity  of  the  language  of  the                                                               
proposed bill would limit the expected breadth of the test.                                                                     
                                                                                                                                
REPRESENTATIVE SEATON, in  response, explained that it  was not a                                                               
longitudinal study, and  would only test for vitamin  D at birth.                                                               
He  mentioned   that  the   levels  of   vitamin  D   could  vary                                                               
dramatically  in   different  regions  around  Alaska,   and  how                                                               
important that knowledge would be for the communities.                                                                          
                                                                                                                                
4:39:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER asked  about the intent for  the data after                                                               
it was collected.                                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON  emphasized that the proposed  bill was for                                                               
one  year  only, and  would  provide  Alaskans with  health  care                                                               
information in order to make determinations for themselves.                                                                     
                                                                                                                                
4:40:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT asked  to  clarify  whether this  proposed                                                               
bill was mandated, unless there was a religious concern.                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON replied  that unless  a mother  opted out,                                                               
the  attending  health care  professionals  would  take the  cord                                                               
blood sample.   He added that  the heel stick method  for testing                                                               
could also be used.                                                                                                             
                                                                                                                                
4:42:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  commented  that,   as  there  was  a  lot                                                               
happening during  birth, it  was necessary  to ensure  that there                                                               
was an  understanding ahead of  birth.  He expressed  his concern                                                               
for any costs associated with the program.                                                                                      
                                                                                                                                
4:43:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  explained that  this information  would be                                                               
collected by  the health care  providers, and he  reiterated that                                                               
this cord blood  test was the same as the  other cord blood tests                                                               
being performed simultaneously.                                                                                                 
                                                                                                                                
4:44:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  asked why  the State  of Alaska  was being                                                               
involved instead of the University of Alaska.                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON opined  that the  University of  Alaska or                                                               
the Alaska  State Hospital and  Nursing Association  could indeed                                                               
be the better "outfit" for this proposed program.                                                                               
                                                                                                                                
4:45:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  stated that  the proposed  legislation was                                                               
still necessary  to mandate the  testing, even if  the University                                                               
of Alaska was conducting the program.                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON expressed his agreement.                                                                                  
                                                                                                                                
4:46:00 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  expressed a desire to  see how the study  would be                                                               
performed.   He offered his belief  that the amount of  vitamin D                                                               
would be different  in each of the regions around  the state.  He                                                               
declared that  a baseline  was necessary,  otherwise none  of the                                                               
numbers had any  value.  He requested to know  the methods of the                                                               
study  in order  to ensure  the accuracy  and reliability  of the                                                               
results.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON  offered to  share  a  survey draft.    He                                                               
pointed to the  survey information which ensured  that there were                                                               
baselines, and would  be filled out by the mother  and the health                                                               
care provider.   He expressed his agreement that many  of the sub                                                               
populations could have very different baselines.                                                                                
                                                                                                                                
REPRESENTATIVE SEATON said  that his staff had  been working with                                                               
doctors and professionals to refine  the survey to be applicable,                                                               
and to include the proper opt-out clause.                                                                                       
                                                                                                                                
4:49:26 PM                                                                                                                    
                                                                                                                                
WARD HURLBURT, M.D., Chief  Medical Officer/Director, Division of                                                               
Public Health,  Central Office, Department  of Health  and Social                                                               
Services, stated that the administration  did not have a position                                                               
on   proposed  HB   90.     He  offered   his  concurrence   with                                                               
Representative Seaton that the proposed  study would provide data                                                               
on  vitamin  D levels  in  Alaska.    He  listed data  from  many                                                               
entities which  expressed agreement that vitamin  D was essential                                                               
and was  a factor  in bone  health.   He declared  that, however,                                                               
there was  disagreement for the  vitamin D benefits to  the other                                                               
issues mentioned  earlier, which  included cancer,  diabetes, and                                                               
intellectual  development.   He declared  that the  data did  not                                                               
support  conclusions for  the vitamin  D benefit  to these  other                                                               
issues.                                                                                                                         
                                                                                                                                
4:51:26 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS  opened public  testimony  and  announced that  it                                                               
would be left open.   He then announced that HB  90 would be held                                                               
over.                                                                                                                           

Document Name Date/Time Subjects
HB090 Sponsor Statement.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Ver A.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 CS work draft 28-LS0376U.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Explanation of Changes on CS_2_15_TH.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - 1941_Dental_Infographic_Cavities.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Article -Cannell-Military Suicide 1-10-2013.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Article- Suicide Risk Factors- 2011.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Implications slides.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Spain-Mental Psychomotor-Table-8-17-2012.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Study Respiratory Supplementation-2012.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Study-Australia-Language Impairment - Charts 2-13-2012.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Study-NZ- D status-breastfed infants- 1-8-2013.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Study-Pittsburgh-D Levels-Table 2007.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Vit D News - Military Suicide - 1-7-2013.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Vitamin D and Pediatrics Summary 1-23-2013.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Vitamin D Pilot Project.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - NSLC Vitamin D Data.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Written Testimony Dr Abel Bul-ito 02-18-13.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Letter Dr Bell 2-19-13.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Letter Dr Heaney 2-20-2013.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Documents - Vitamin D HCR 5.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Publications - Vitamin D Dosage Recommendations Brochure.pdf HHSS 2/21/2013 3:00:00 PM
HB 90
HB090 Supporting Document - Vitamin D and Traumatic Brain Injury.pdf HHSS 2/21/2013 3:00:00 PM
HB 90