Legislature(2013 - 2014)CAPITOL 106

02/20/2014 03:00 PM House HEALTH & SOCIAL SERVICES


Download Mp3. <- Right click and save file as

Audio Topic
03:03:56 PM Start
03:04:56 PM HB301
04:44:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 301 AUTOPSIES AND DEATH CERTIFICATES TELECONFERENCED
Heard & Held
+ Presentations: TELECONFERENCED
- Primary Care Association
- Pediatric Partnership
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 301-AUTOPSIES AND DEATH CERTIFICATES                                                                         
                                                                                                                                
3:04:56 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  announced that the  first order of  business would                                                               
be HOUSE BILL NO. 301, "An  Act relating to duties and procedures                                                               
of the  state medical examiner  and the Department of  Health and                                                               
Social Services; and relating to death certificates."                                                                           
                                                                                                                                
3:05:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BOB  HERRON, Alaska State  Legislature, introduced                                                               
HB 301,  as the  sponsor of  the bill,  and paraphrased  from the                                                               
sponsor statement:                                                                                                              
                                                                                                                                
     Each year, around the state, Alaskan families suffer                                                                       
     the unexpected loss of a loved one.  Accidental death                                                                      
     is common in the course of work, play, and providing                                                                       
     food for the family table.  Each loss is critical.                                                                         
     Each family's grief is real.                                                                                               
                                                                                                                                
     For many rural Alaskans, the natural grieving process                                                                      
     is further complicated by the fact that their deceased                                                                     
     loved ones' remains must be shipped into Anchorage, at                                                                     
     State expense, for review by the State Medical                                                                             
     Examiner (ME) in order to establish a cause of death                                                                       
     and obtain the death certificate required for legal                                                                        
     burial.  On top of staggering loss and major life                                                                          
     changes comes the stress of more forms, more                                                                               
     requirements, and more confusion in a process that is                                                                      
     already difficult to navigate.  In many cases families                                                                     
     have, without the knowledge required to make fully                                                                         
     informed choices, agreed to the use of expensive                                                                           
     funeral home services - and then found themselves on                                                                       
     the hook for thousands of dollars they do not have but                                                                     
     must somehow pay before the funeral homes will allow                                                                       
     their loved ones' remains to return home.                                                                                  
                                                                                                                                
     At the same time, the State of Alaska currently spends                                                                     
     General Fund dollars to transport remains of                                                                               
     individuals to and from Anchorage, when existing                                                                           
     technology in many regions could be used to reduce the                                                                     
     number of transports required.                                                                                             
                                                                                                                                
     HB 301 seeks to make minor changes to the law guiding                                                                      
     the Alaska Department of Health and Social Services'                                                                       
     current autopsy and death certificate issuance                                                                             
     process.  Recognizing that good people oversee and                                                                         
     perform the work addressed in this bill, HB 301                                                                            
     approaches each change with an eye for treating                                                                            
     grieving Alaskans with greater compassion, maximizing                                                                      
     the use of quality existing resources, and saving                                                                          
     state funds - all while continuing to meet legal                                                                           
     obligations and ensuring the ME's office retains the                                                                       
     support and resources it needs to do the job right.                                                                        
                                                                                                                                
REPRESENTATIVE HERRON  explained that  he was working  with local                                                               
non-profit  organizations   in  the  Bethel  region   to  hire  a                                                               
navigator, who  would help a  family with  advice on how  to deal                                                               
with  the medical  examiner and  the funeral  home.   He reported                                                               
that the fiscal note for $5,000  [a one-time cost to purchase and                                                               
install the necessary  telemedicine/video conferencing technology                                                               
at the Medical Examiner's office]  would save the state money, as                                                               
it  would  allow  for  a  remote  post  mortem  examination,  and                                                               
decrease the costs for transportation  of bodies to Anchorage for                                                               
examination.                                                                                                                    
                                                                                                                                
3:11:37 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS  asked  for  the bullet  points  to  the  proposed                                                               
changes resulting from HB 301.                                                                                                  
                                                                                                                                
3:12:14 PM                                                                                                                    
                                                                                                                                
LIZ  CLEMENT,  Staff,  Representative Bob  Herron,  Alaska  State                                                               
Legislature, directing attention to  the Sectional Summary for HB
301  [Included  in members'  packets],  reported  that Section  1                                                               
amended AS 12.65.025(a)(2) and replaced  "may" with "shall."  She                                                               
explained that  this allowed the  State Medical Examiner  (ME) to                                                               
ship the body to a community chosen by the family.                                                                              
                                                                                                                                
REPRESENTATIVE  HERRON offered  an anecdote  for the  shipment of                                                               
bodies, noting that  the proposed bill would  sometimes result in                                                               
a savings for the state.                                                                                                        
                                                                                                                                
MS. CLEMENT  stated that this  would require  the ME to  ship the                                                               
body wherever requested, as long  as there was not any additional                                                               
cost to  the State  of Alaska.   She lauded  the practice  of the                                                               
current ME,  noting that  this proposed  bill would  ensure these                                                               
current practices beyond the tenure of the current ME.                                                                          
                                                                                                                                
3:16:43 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT  explained an additional  change in Section 1  of the                                                               
proposed bill which amended AS  12.65.025(a)(3).  She stated that                                                               
embalming was  not required  by law,  although it  had previously                                                               
been, and this  change would clarify it.  She  reported that some                                                               
air  carriers  mistakenly  believed  that  embalming  was  always                                                               
required prior to transportation.                                                                                               
                                                                                                                                
CHAIR HIGGINS  asked for clarification  regarding embalming  by a                                                               
transporting  entity.   He  asked whether  a  requirement by  the                                                               
transporter  for embalming  would  necessitate  embalming by  the                                                               
state prior to transport.                                                                                                       
                                                                                                                                
MS.  CLEMENT replied  that the  state would  then be  financially                                                               
responsible for  the embalming.   In  response to  Chair Higgins,                                                               
she expressed agreement that this was new language.                                                                             
                                                                                                                                
REPRESENTATIVE HERRON,  in response  to Chair Higgins,  said that                                                               
embalming  had  not been  an  issue  in  the  past and  that  the                                                               
language had  been added to the  proposed bill as an  "extra pair                                                               
of suspenders."                                                                                                                 
                                                                                                                                
REPRESENTATIVE  TARR, noting  the difference  between the  fiscal                                                               
notes in the House and Senate  versions of HB 301, asked if there                                                               
was a  mechanism for the state  to pay for the  transportation if                                                               
the family  could not afford  to pay  the cost difference  to the                                                               
requested final destination.                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  expressed his support for  the position by                                                               
the State of Alaska  to pay for the return of a  body, but not to                                                               
incur  any additional  expense.   He  declared that  this was  "a                                                               
fairness issue."                                                                                                                
                                                                                                                                
REPRESENTATIVE  TARR asked  about  a situation  where the  family                                                               
could not afford to bring the body to a chosen place.                                                                           
                                                                                                                                
REPRESENTATIVE HERRON  replied that the  state did work  with the                                                               
families,  and he  stressed the  value  for the  assistance of  a                                                               
navigator in a regional hub.                                                                                                    
                                                                                                                                
MS.  CLEMENT directed  attention  to Section  2, which  primarily                                                               
allowed the state  the flexibility to consider  working with high                                                               
quality, existing  infrastructure in  Rural Alaska.   She pointed                                                               
out  that the  Alaska Tribal  Health  System (ATHS)  had done  "a                                                               
phenomenal job over  the last years investing  in tele-health and                                                               
tele-medicine equipment that allows  them to do tremendous things                                                               
by  a distance  delivery."   She acknowledged  that the  proposed                                                               
bill would allow Department of  Health and Social Services (DHSS)                                                               
to  work  with  ATHS  and utilize  the  existing  technology  and                                                               
resources in the  region.  She offered an example  for its use to                                                               
save time, money, and stress.                                                                                                   
                                                                                                                                
3:24:04 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT pointed out that  Section 2 [subsection (g)] outlined                                                               
standards for fair, respectful  written communication between the                                                               
ME's office and surviving family  members.  She reported that the                                                               
ME forms  had been  edited, that the  proposed bill  outlined the                                                               
necessary  information  for  disclosure,  and  that  it  must  be                                                               
offered "in a non-threatening and non-coercive manner."                                                                         
                                                                                                                                
3:25:05 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT  directed attention to  Section 2,  [subsection] (h),                                                               
which  added a  standard practice  into statute.   She  explained                                                               
that, currently, it was standard  practice for the ME's office to                                                               
freeze the  body as this was  the best means of  preservation for                                                               
transport.                                                                                                                      
                                                                                                                                
REPRESENTATIVE HERRON  reported that  the ME  had agreed  as this                                                               
was  a  humane practice.    He  lauded  the  efforts by  the  air                                                               
carriers to return the remains.                                                                                                 
                                                                                                                                
CHAIR HIGGINS asked if [subsection] (h) was new.                                                                                
                                                                                                                                
REPRESENTATIVE HERRON  replied that  this was already  the normal                                                               
practice.                                                                                                                       
                                                                                                                                
3:27:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER directed attention  to page 2, lines 22-24,                                                               
and asked for clarification to the meaning for "otherwise."                                                                     
                                                                                                                                
REPRESENTATIVE HERRON explained that  this offered the family the                                                               
option of  sending the body  to a funeral home,  whereas previous                                                               
language  had seemingly  required  that  the body  be  sent to  a                                                               
funeral home.                                                                                                                   
                                                                                                                                
REPRESENTATIVE KELLER expressed his support for the clarity.                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  declared  that  it was  necessary  for  a                                                               
transparent  process   during  a  time  of   grief,  without  any                                                               
decisions being forced on the family.                                                                                           
                                                                                                                                
3:30:13 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS  directed  attention  to   page  2,  line  3,  and                                                               
expressed his  discomfort with giving the  decision for embalming                                                               
to the transporting entity.                                                                                                     
                                                                                                                                
REPRESENTATIVE  KELLER asked  if  deleting the  phrase  "or by  a                                                               
policy of the transporting entity" on  page 2, line 3, would harm                                                               
the proposed bill.                                                                                                              
                                                                                                                                
REPRESENTATIVE HERRON deferred to the DHSS.                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  asked whether page  2, line 29,  offered a                                                               
choice of location or demanded the destination.                                                                                 
                                                                                                                                
MS.  CLEMENT, in  response, referred  to page  2, line  19, which                                                               
stated  that "the  notice must  explain, in  a form  and language                                                               
that is  designed to be  easy to understand, the  availability of                                                               
transportation  to another  location."   She  offered her  belief                                                               
that this  allowed a choice  of destination to the  family, other                                                               
than the place of death.                                                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON mused  that  the  proposed bill  suggested                                                               
that the body would be sent  to a different location, which could                                                               
result in confusion.                                                                                                            
                                                                                                                                
REPRESENTATIVE HERRON  offered to  discuss this with  the drafter                                                               
of the bill.                                                                                                                    
                                                                                                                                
3:34:29 PM                                                                                                                    
                                                                                                                                
MS.  CLEMENT moved  on to  discuss Sections  3, 4,  and 5  of the                                                               
proposed  bill,  which  amended   AS  18.50  "to  facilitate  the                                                               
declaration  of death  and issuance  of a  death certificate  in-                                                               
region for  cases in  which transport  to the  Medical Examiner's                                                               
office is  deemed unnecessary."   She reported  that part  of the                                                               
process  when bodies  were  shipped  to the  ME's  office was  to                                                               
establish  a  legal  cause  of   death,  which  allowed  a  death                                                               
certificate  to be  filed, issued,  and shared  with the  family.                                                               
She  pointed  out  that,  as  bodies  need  a  death  certificate                                                               
regardless  of a  review by  the ME's  office in  Anchorage, this                                                               
would  provide DHSS  the  flexibility to  work  with entities  in                                                               
Rural Alaska for issuance of a death certificate.                                                                               
                                                                                                                                
REPRESENTATIVE HERRON  reported that the navigator  in the Bethel                                                               
region had  assisted families  for almost  20 years,  without any                                                               
funding from  the state.   He suggested  that the  regional hubs,                                                               
which provided social services,  could continue to help families,                                                               
and this proposal would put that in statute.                                                                                    
                                                                                                                                
3:36:21 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT moved  on to Section 6, which added  a new subsection                                                               
(e) to  AS 18.50.280.   This would  put into statute  the current                                                               
practice  by the  ME's office  for obtaining  the Burial  Transit                                                               
Permit to move the dead body.                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON exampled  that,  when a  family agreed  to                                                               
embalm and  to buy casket, there  was a significant taxi  fee due                                                               
when  the body  was moved  from the  ME's office  to the  funeral                                                               
home, and then to the airport.                                                                                                  
                                                                                                                                
3:38:15 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS asked about the use  of "fetus" on page 3, line 21,                                                               
and asked if  this should be used in addition  to "body" in other                                                               
places in the proposed bill.                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  offered his belief that  it was conforming                                                               
language.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON, asking  about the  proposed modifications                                                               
on page 2,  line 1, questioned whether these  provisions would be                                                               
eliminated and  asked for  clarification regarding  the cremation                                                               
and internment option in AS 12.65.025.                                                                                          
                                                                                                                                
REPRESENTATIVE HERRON replied that it was not changing.                                                                         
                                                                                                                                
CHAIR HIGGINS  asked about the  embalming requirement on  page 2,                                                               
line 3, and  asked if removal of the  aforementioned clause would                                                               
affect the bill.                                                                                                                
                                                                                                                                
KERRE  SHELTON,  Director,  Alaska  Division  of  Public  Health,                                                               
Department of  Health and  Social Services,  said that  there was                                                               
not any  known policy by  any transport companies  which required                                                               
embalming.    She  said  that the  ME  routinely  shipped  bodies                                                               
throughout Alaska using  a variety of air carriers,  and none had                                                               
required  that a  body be  embalmed prior  to shipping  after the                                                               
post-mortem examination.                                                                                                        
                                                                                                                                
CHAIR HIGGINS asked if a body was lighter after embalming.                                                                      
                                                                                                                                
MS.  SHELTON  replied that  embalming  did  not affect  the  body                                                               
weight.                                                                                                                         
                                                                                                                                
REPRESENTATIVE KELLER asked about  the indeterminate costs in the                                                               
fiscal note and asked for any guidance for parameters.                                                                          
                                                                                                                                
MS.  SHELTON  expressed  her  agreement   that  there  were  some                                                               
indeterminate  costs in  the  fiscal note.    She clarified  that                                                               
there was no current policy  for transporting entities to require                                                               
embalming.   However, she pointed  out, should the  proposed bill                                                               
pass, and if  one or all of the transporting  entities decided to                                                               
implement an embalming  policy, then the state  would be required                                                               
to pay  for the embalming.   She reported that the  state did not                                                               
have embalming  facilities, and  the contract  cost with  a local                                                               
funeral home was about $1,000 per  body.  This would also prolong                                                               
the time period for return of the  body to the family.  She noted                                                               
that the ME did not  have the capability to maintain temperature,                                                               
although freezing the  body was an option  in some circumstances.                                                               
She pointed  out that there was  no way to predict  the costs for                                                               
enforcing  temperature  controls.     She  said  that  the  rural                                                               
communities had made excellent use  of the telemedicine equipment                                                               
for  rural   examinations;  however,   there  would  also   be  a                                                               
requirement  for any  medical, legal,  forensic investigation  to                                                               
have certain  infrastructure for  a proper examination  and level                                                               
of care,  which would include  floor drains, exam  tables, proper                                                               
radiology, storage,  specimen collection abilities,  body scales,                                                               
and body  washing equipment.   She declared that  a manipulatible                                                               
HD camera  was also necessary  to deliver an accurate  picture to                                                               
the forensic pathologist  in Anchorage, and this would  be a cost                                                               
to the community.   She noted that the ME  office would also need                                                               
to  purchase   telemedicine  equipment   to  view   the  incoming                                                               
information.                                                                                                                    
                                                                                                                                
3:48:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  said   that  telemedicine  equipment  was                                                               
already  proven.   He stated  that  the ideal  situation was  for                                                               
transport of  a body  to the  regional hub  where a  doctor could                                                               
utilize the  equipment and  communicate with  the ME,  instead of                                                               
asking a state  trooper on-site to describe the  injuries and the                                                               
possible cause  of death.   He expressed  his agreement  that the                                                               
right  equipment   was  necessary,  and  that   technology  could                                                               
decrease  the  cost   and  the  times  for   dealing  with  these                                                               
situations.   He suggested that  the ME office buy  the necessary                                                               
equipment to interface with every major hub in the state.                                                                       
                                                                                                                                
3:50:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked if  the section on  embalming should                                                               
be removed as it was not required.                                                                                              
                                                                                                                                
REPRESENTATIVE HERRON replied that  this was a technical question                                                               
for which he would seek the advice of others.                                                                                   
                                                                                                                                
CHAIR HIGGINS, pointing to page  3, line 2, questioned whether it                                                               
was  necessary for  the state  to provide  temperature controlled                                                               
transport.                                                                                                                      
                                                                                                                                
MS.  SHELTON   replied  that  the   proposed  bill   did  require                                                               
temperature and other controls, pointing  out that the ME did not                                                               
have any  means of control other  than freezing the bodies.   She                                                               
was not able to offer any cost estimate for this.                                                                               
                                                                                                                                
REPRESENTATIVE HERRON relayed that  although the testimony stated                                                               
that the department  did not currently have  those controls, once                                                               
available, it would be humane to use them.                                                                                      
                                                                                                                                
CHAIR  HIGGINS expressed  his agreement,  and offered  his belief                                                               
that "the  question boils down  to what's the  cost for us  to do                                                               
this."                                                                                                                          
                                                                                                                                
REPRESENTATIVE  HERRON suggested  that people  could testify  for                                                               
the success over the past years.                                                                                                
                                                                                                                                
3:53:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  offered his belief that  three things were                                                               
being committed to  in the proposed bill for which  the state had                                                               
no  control.   He pointed  out  that the  state did  not set  the                                                               
standards for  "shall provide for temperature  and other controls                                                               
available to maintain the body,"  so that someone else would make                                                               
that determination.   He  declared that this  was the  same issue                                                               
with transportation  costs, as the  state had no control  for the                                                               
embalming.   He stated that  any cost for cosmetology  would also                                                               
be set  by the  entity.  He  asked to hear  from the  drafter for                                                               
help to identify these issues.                                                                                                  
                                                                                                                                
REPRESENTATIVE  HERRON  offered  his   belief  that  it  was  not                                                               
necessary,  but he  wanted  discussion by  many  people for  "the                                                               
right thing to do."                                                                                                             
                                                                                                                                
REPRESENTATIVE  KELLER  asked  who  Representative  Herron  would                                                               
recommend to include in the conversation.                                                                                       
                                                                                                                                
REPRESENTATIVE  HERRON  declared  his  desire  for  inclusion  of                                                               
testimony  on the  historic reality.   He  stated that,  should a                                                               
family choose  to embalm, they  are now  aware that they  have to                                                               
pay  for  this.     He  stated  his  desire   that  the  proposed                                                               
legislation  would  change  the  perception that  the  state  was                                                               
dictating the family  decisions.  He expressed his  desire to not                                                               
focus on the embalming, but to allow  this to be a request by the                                                               
families.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  KELLER noted  that  the House  Health and  Social                                                               
Services Standing Committee was the only committee of referral.                                                                 
                                                                                                                                
REPRESENTATIVE HERRON  pointed out  that, as  there was  a fiscal                                                               
note, it would also be heard by the House Finance Committee.                                                                    
                                                                                                                                
3:58:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked  if air carriers were  the only means                                                               
of transportation used by the Medical Examiner.                                                                                 
                                                                                                                                
REPRESENTATIVE HERRON  replied that this was  the quickest means,                                                               
and was  most often  requested by the  family, although  the body                                                               
could sometimes be delivered by the road system.                                                                                
                                                                                                                                
3:59:14 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS opened public testimony.                                                                                          
                                                                                                                                
3:59:25 PM                                                                                                                    
                                                                                                                                
RAEBELLE  WHITCOMB,   Director,  Workforce   Development  Center,                                                               
Bristol Bay  Native Corporation, shared that  they offered burial                                                               
assistance  and they  worked  directly with  the  state and  with                                                               
grieving  families.     Referring  to  AS   12.65.025(a)(3),  she                                                               
declared that embalming  was required by law.   She reported that                                                               
they  received 30  - 40  annual requests  for services  by tribal                                                               
community  members.   She acknowledged  that costs  had increased                                                               
dramatically, and  that individuals  without any  resources would                                                               
contact  DHSS.   She  stated  that  funeral  homes were  able  to                                                               
leverage the services, noting that  the cost of one way transport                                                               
from the ME  office to the funeral  home was $500.   If the state                                                               
did not pay this  cost, then the family or the  tribe had to pay.                                                               
She stated that  their burial assistance services  were capped at                                                               
$2500,  and  any overages  were  not  paid  back by  the  federal                                                               
government for two  years.  She said that  embalming had cultural                                                               
and  religious  concerns,  and  that  these  containers  incurred                                                               
additional special  handling charges  by the  air carriers.   She                                                               
reported that  a funeral  home would  charge for  any restoration                                                               
after  traumatic injuries,  as well  as for  dressing, casketing,                                                               
and  cosmetology.     She  declared   that  costs   were  rapidly                                                               
increasing.   She reported that,  as the  ME had stated  that the                                                               
body would not be washed, the  family felt obligated to use these                                                               
additional services.   She stated  that it was always  a struggle                                                               
between the  ME and the DHSS  for who would pay  for which costs.                                                               
She  pointed  out  that  many families  did  not  understand  the                                                               
process.   The  cost for  embalming was  expensive, and  during a                                                               
grieving period, the  families were not thinking  about the total                                                               
costs.   She  questioned the  impact  of embalming  fluid on  the                                                               
soil,  noting that  many  cemeteries were  in  tidal waters,  and                                                               
reported that  embalming was  not part of  traditional use.   She                                                               
shared  some  personal  anecdotes  regarding  airlines  and  this                                                               
requirement for  embalming.  She declared  that airlines believed                                                               
that embalming  was required  by state law.   She  suggested that                                                               
tribal communities should be used  as a resource during the death                                                               
process.   She questioned  the relationship  between the  Code of                                                               
Criminal Procedure and  the Alaska Statutes, as  the two differed                                                               
on  the  requirements  for embalming  and  transportation.    She                                                               
stated  that there  must be  weight changes  after embalming,  as                                                               
there had always been additional  charges, and those charges were                                                               
required  to be  paid prior  to  any release  of the  body.   She                                                               
questioned  the need  for restoration  after a  traumatic injury,                                                               
and any  ensuing charges.   She declared  that the  proposed bill                                                               
was important, but  required further discussion.   She asked that                                                               
the  larger  issues  regarding  embalming  and  the  protocol  be                                                               
considered before being removed.                                                                                                
                                                                                                                                
4:10:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked which  state trooper policies were in                                                               
contraindication regarding embalming.                                                                                           
                                                                                                                                
MS.  WHITCOMB  directed  attention  to  AS  12.65,  the  Code  of                                                               
Criminal Procedure.                                                                                                             
                                                                                                                                
REPRESENTATIVE SEATON asked if she  was referencing AS 12.65.025,                                                               
which addressed  embalming required by  law.  In response  to Ms.                                                               
Whitcomb,  he  asked  for  clarification that  if  this  was  not                                                               
required by the law, then it  should be removed from the proposed                                                               
bill so that the Alaska State Troopers were not confused.                                                                       
                                                                                                                                
MS. WHITCOMB replied  that there was not any  confusion among the                                                               
troopers, the family, and the  airlines, as this was the practice                                                               
when bodies  were transported.   She  reported that  some airline                                                               
agents  had  allowed  the  bodies  to  be  transported  when  not                                                               
embalmed, but there were also  incidences when transportation had                                                               
been blocked.   She said  that the larger commercial  air freight                                                               
transporters  would use  their freezer  capabilities  in lieu  of                                                               
embalming.     She   offered  anecdotes   for   other  means   of                                                               
transportation for bodies.                                                                                                      
                                                                                                                                
4:13:41 PM                                                                                                                    
                                                                                                                                
JACKIE   RUSSELL,  Social   Worker,  Bristol   Bay  Area   Health                                                               
Corporation Hospital,  stated her  support for the  proposed bill                                                               
declaring  that its  impact on  the families  would be  positive.                                                               
She said that families often  called the hospital and the village                                                               
tribal  council  for  assistance  and  financial  support.    She                                                               
offered her belief  that embalming was unusual,  as most requests                                                               
by families  were for the  traditional ways.  She  questioned the                                                               
additional  cost  for tele  medicine.    She suggested  that  the                                                               
hospital staff would  cooperate in support.   She concluded that,                                                               
as  she was  not in  support of  adding more  costs or  moving in                                                               
contradiction  to family  beliefs and  culture, she  endorsed the                                                               
proposed bill.                                                                                                                  
                                                                                                                                
4:16:56 PM                                                                                                                    
                                                                                                                                
NICHOLAS  HOOVER,  Director,   Social  Services,  Association  of                                                               
Village Council  Presidents (AVCP), declared support  by AVCP for                                                               
proposed HB 310.  He  reported that AVCP represented 56 federally                                                               
recognized Indian  tribes in the Yukon-Kuskokwim  Delta, within a                                                               
region  the size  of  the State  of Oregon,  none  of which  were                                                               
connected by  road.   He relayed  that the  area had  the highest                                                               
unemployment rate  and lowest  per capita  income in  Alaska, and                                                               
that AVCP  provided social  services to  more than  38 households                                                               
annually.     He  shared  that  burial   assistance,  a  monetary                                                               
contribution  toward burial  expenses,  was a  program that  AVCP                                                               
provided.    He reported  that  tribal  members often  complained                                                               
about  the  difficulty  of  the  state  process,  which  included                                                               
issuance  of a  death certificate  only after  its authorization,                                                               
and  required transportation  of  the deceased  to Anchorage  for                                                               
autopsy.   As families  were not  aware of  the many  services in                                                               
Anchorage, they often incurred costs  that were not necessary and                                                               
were  often informed  that  the deceased  would  not be  released                                                               
until payment was  made in full.  He reported  that the costs for                                                               
any additional weight from either  embalming or a casket were the                                                               
responsibility of the family, and  he noted that few families had                                                               
these extra  funds for transportation.   He stated  that multiple                                                               
calls by  AVCP to  the Medical  Examiner to  discuss alternatives                                                               
and  resolution  of these  issues  had  not  been returned.    He                                                               
reported  that  a  resolution  was  passed  at  the  annual  AVCP                                                               
convention in October, 2010, declaring  this current system to be                                                               
a problem for  Rural Alaska Natives.  He  relayed that subsequent                                                               
calls  to  the  ME  office  the following  year  were  still  not                                                               
returned.   He declared  that AVCP  fully supported  the proposed                                                               
bill,  as it  would "provide  a much  needed fix  and reduce  the                                                               
unnecessary stress placed upon our grieving families."                                                                          
                                                                                                                                
4:22:55 PM                                                                                                                    
                                                                                                                                
MARCIA  DAVIS, General  Council, Senior  Vice President,  Calista                                                               
Corporation,  informed  the  committee  that she  had  been  very                                                               
involved  with the  drafting  of the  language  for the  proposed                                                               
bill.   She  shared that  she had  worked with  the ME  office to                                                               
discuss  the  policy  issues.    She stated  that  this  was  "an                                                               
opportunity  to lower  the overall  transactional costs  of these                                                               
deaths."   She  reported that  an accidental  death or  a suicide                                                               
would  set a  chain  of  events in-motion,  and  the body  almost                                                               
always went  to the Anchorage ME  office to ensure that  no crime                                                               
had been committed.   The ME office, with its  alignment toward a                                                               
law enforcement mission, believed  that Rural Alaska deserved the                                                               
same level  of justice as  urban Alaska.   She reported  that any                                                               
evidence  acquired   during  autopsies  would   have  evidentiary                                                               
status, and was  provable in court.  She opined  that only one of                                                               
the  last 5000  deaths in  Rural  Alaska had  posed an  intricate                                                               
staged  suicide or  some staged  accidental  death, and  declared                                                               
that  most  rural deaths  were  "plain  and  simple.   They  come                                                               
generally from either truly difficult  lifestyles... or they come                                                               
from hopelessness and  substance abuse."  She  explained that the                                                               
families  were ill-equipped  to deal  with the  original [Medical                                                               
Examiner]  forms,  as  "unfortunately,  it  was  culturally  tone                                                               
deaf."   She shared that  the tradition  in Rural Alaska  was for                                                               
the body  to be washed by  someone of the same  gender, staged at                                                               
the family home,  and then friends and family come  to share food                                                               
and  remembrances.   The custom  was, after  three days,  for the                                                               
body to be buried.  When the body  was sent to the ME, the family                                                               
was given  a form which  required the determination of  who would                                                               
pick up the  body.  The language of the  form relayed a different                                                               
connotation to  Rural Alaskans,  creating confusion,  without any                                                               
disclosure  for  the costs  involved.    Most  of the  time,  the                                                               
families  signed  the  forms   without  fully  understanding  the                                                               
implications,  and  this  failure of  communication  resulted  in                                                               
"huge sums of  money that have been shifted toward  a system that                                                               
isn't needed."   She  emphasized that the  families did  not need                                                               
caskets, or  embalming, and  simply needed  the bodies  sent back                                                               
quickly once the  ME had finished.  She lauded  the proposed bill                                                               
as  it  restored  a  balance to  the  communication  by  ensuring                                                               
clarity on  the forms.   She  reported that  the language  of the                                                               
form was  still being determined,  and once it was  finished, the                                                               
form  would   be  translated  into   Yupik  and   other  regional                                                               
languages.  She said that  navigators would also be available for                                                               
family guidance.   Directing attention  to the  legal requirement                                                               
for  embalming,  she pointed  out  that  the proposed  bill  also                                                               
allowed for policy by the  transporting entity.  She shared that,                                                               
as there  was a burden  to convince the  transportation companies                                                               
that  embalming  was  no  longer   required  by  law,  hence  the                                                               
language.  She expressed her  confidence that the ME office could                                                               
better convince an  air carrier that the embalming  was no longer                                                               
required than  could a  family in Rural  Alaska, as  the proposed                                                               
bill offered  the ME office  statutory cover.  She  stressed that                                                               
the  family  should not  have  to  pay  the additional  cost  for                                                               
embalming, and that the State of  Alaska was in the best position                                                               
to ensure that there were not any additional costs.                                                                             
                                                                                                                                
4:31:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON, directing  attention to  page 2,  line 3,                                                               
suggested  removal of  "by  law or",  which  would indicate  that                                                               
embalming  was only  required  by a  policy  of the  transporting                                                               
company.                                                                                                                        
                                                                                                                                
MS.  DAVIS  replied  that  retaining the  "by  law"  would  allow                                                               
coverage  should  any  circumstance  arise  whereby  bodies  were                                                               
dangerous unless  embalmed.  She declared  that, should embalming                                                               
remain required  as a  matter of  law, the  extra cost  should be                                                               
paid by  the ME, not the  family.  She emphasized  that any costs                                                               
incurred  while  the  ME  had  custody of  the  body,  doing  the                                                               
business of the  state, should be paid by the  state.  The family                                                               
should  only incur  the  costs which  would  have otherwise  been                                                               
incurred.                                                                                                                       
                                                                                                                                
REPRESENTATIVE SEATON  expressed his desire for  clarification to                                                               
the transporting agencies and the state troopers.                                                                               
                                                                                                                                
MS.  DAVIS  pointed out  that  he  was addressing  the  "inherent                                                               
ambiguity of  the current  existing language,  and that  could be                                                               
corrected by saying embalming if required by law."                                                                              
                                                                                                                                
REPRESENTATIVE  KELLER confirmed  that  there was  a problem  for                                                               
expanded  risk  for  cost  if  an  air  carrier  was  making  the                                                               
determination.                                                                                                                  
                                                                                                                                
MS.  DAVIS suggested  that the  language could  be deleted.   She                                                               
explained that it  was necessary for the ME office  and the state                                                               
to  fully  understand   that  the  body  in   custody  was  their                                                               
responsibility until it  was returned to its home.   If there was                                                               
a situation where an air carrier  had changed a policy or created                                                               
a problem, this  would still be included with  the state's burden                                                               
for return  transportation.  She wanted  cost and duty to  be co-                                                               
extensive, with an  acknowledgement that no family  would be left                                                               
"figuring out  how to get a  body back."  She  mentioned that the                                                               
current law  stated that  cosmetology was  only required  to make                                                               
the head,  face, neck, and  hands presentable if those  parts had                                                               
been disfigured by the post  mortem examination.  She opined that                                                               
the concern  expressed in  the fiscal note  reflected a  need for                                                               
definition to the  level of contract work performed  in the rural                                                               
areas.   She offered her belief  that the proposed bill  gave the                                                               
ME office  latitude to step into  the use of technology,  as "the                                                               
State Medical Examiner  shall designate a location  if a facility                                                               
with  adequate  technology and  personnel  is  available."   This                                                               
would  allow  a judgment  call  by  the  ME office  to  determine                                                               
adequacy   on  a   case   by  case   basis,   dependent  on   the                                                               
circumstances.   In  the state  regions, the  technology of  each                                                               
agency would be able to evolve.   She did not immediately foresee                                                               
"full-on autopsies out in the region."                                                                                          
                                                                                                                                
4:37:37 PM                                                                                                                    
                                                                                                                                
MS.  DAVIS  reported that  the  ME  office  did  a great  job  of                                                               
controlling the temperature for bodies.                                                                                         
                                                                                                                                
MS. DAVIS,  in response to Representative  Keller, explained that                                                               
the  current cosmetology  law was  listed on  page 2,  lines 5-7.                                                               
She directed further  attention to page 2,  lines 9-12, regarding                                                               
the  location  for  post mortem  examinations  and  the  adequate                                                               
facility.                                                                                                                       
                                                                                                                                
REPRESENTATIVE   SEATON   asked   for  clarification   that   the                                                               
department  shall provide  for  the  current temperature  control                                                               
practices, which could include dry ice, during transport.                                                                       
                                                                                                                                
MS. DAVIS  replied that, as  the ME  office was humane  and kind,                                                               
and  made  efforts to  do  the  right  thing, the  proposed  bill                                                               
offered "cover" for the ME office to continue these efforts.                                                                    
                                                                                                                                
REPRESENTATIVE TARR asked if the  problem could be mitigated with                                                               
an additional  ME office in  either Fairbanks, or closer  to many                                                               
rural communities.                                                                                                              
                                                                                                                                
MS. DAVIS offered  her belief that the ME office  had a satellite                                                               
office  in Fairbanks,  which shouldered  some of  the work  load.                                                               
She projected  an evolution  of the  relationship between  the ME                                                               
office and the local health  care providers resulting in regional                                                               
offices.                                                                                                                        
                                                                                                                                
REPRESENTATIVE TARR  asked for clarification that  there was only                                                               
one ME.                                                                                                                         
                                                                                                                                
MS. DAVIS  expressed her  agreement and  said that  this standard                                                               
was the same in many similarly populated states.                                                                                
                                                                                                                                
4:42:04 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:42:43 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  stated that HB 301  would be held over  and public                                                               
testimony would be left open.                                                                                                   

Document Name Date/Time Subjects
HB301 Sponsor Statement 28-LS1196.C.pdf HHSS 2/20/2014 3:00:00 PM
HB 301
HB301 Sectional Summary 28-LS1196.C.pdf HHSS 2/20/2014 3:00:00 PM
HB 301
HB301 Ver A 28-LS1196.C.pdf HHSS 2/20/2014 3:00:00 PM
HB 301
Early Life Toxic Stress 1-14.pptx HHSS 2/20/2014 3:00:00 PM
HB301-Fiscal Note DHSS-SMEO-02-19-14.pdf HHSS 2/20/2014 3:00:00 PM
HB 301
MHFA Presentation.pptx HHSS 2/20/2014 3:00:00 PM
HB 301 Authorization for Release of Remains.PDF HHSS 2/20/2014 3:00:00 PM
HB 301
HB 301 Hoover Tesimony 2 20 2014.PDF HHSS 2/20/2014 3:00:00 PM
HB 301