Legislature(2011 - 2012)CAPITOL 120
04/13/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB224 | |
| SB15 | |
| SB78 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 15 | TELECONFERENCED | |
| + | SB 78 | TELECONFERENCED | |
| + | HB 224 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 224 - SALES OF NICOTINE PRODUCTS TO MINOR
1:17:55 PM
CHAIR GATTO announced that the first order of business would be
HOUSE BILL NO. 224, "An Act relating to the prohibition of
selling or giving tobacco or a product containing nicotine to a
minor unless prescribed by a licensed physician."
REPRESENTATIVE THOMPSON moved to adopt the proposed committee
substitute (CS) for HB 224, Version 27-LS0466\I, Gardner,
4/11/11, as the working document. There being no objection,
Version I was before the committee.
1:19:29 PM
KATIE KOESTER, Staff, Representative Paul Seaton, Alaska State
Legislature, on behalf of the sponsor, Representative Seaton,
explained that HB 224 would make it a violation - punishable by
a fine of [not less than $300] - to sell or give a product
containing nicotine to a [person under 19 years of age]. New
products that contain nicotine - many looking like candy, breath
mints, gum, toothpicks, hand wipes, or water - are now being
marketed but aren't being regulated like other tobacco products.
Nor are these new products intended or marketed as tobacco-
cessation products, which are regulated by the U.S. Food and
Drug Administration (FDA). In order to address the issue of
youth under 19 years of age using tobacco-cessation products to
help them quit smoking, HB 224 contains an exemption for
nicotine products marketed and regulated as tobacco-cessation
products that are prescribed by a health care professional, or
that are provided to the youth by his/her parent or legal
guardian. She mentioned that Version I uses the term, "health
care professional", rather than the term, "physician", in order
to address situations involving rural areas of the state, where
physicians aren't always available.
MS. KOESTER noted that HB 224 uses an age threshold of 19, which
is the same age threshold provided for in the statutes
pertaining to tobacco. However, the Department of Health and
Social Services (DHSS) would prefer that the bill's age
threshold be changed to 18 so that when someone who is 18 years
of age calls the DHSS's tobacco-cessation helpline, the DHSS
would still be able to provide him/her with tobacco-cessation
products. Ms. Koester mentioned that the sponsor would be
amenable to such a change. She then went on to explain that
Version I is proposing to address [non-cessation-related]
nicotine-containing products by adding a new section 109 to AS
11.76, whereas the original version of the bill proposed to
simply add references to products containing nicotine to
existing AS 11.76.100. The original bill's approach was
problematic, however, because AS 11.76.100 is referenced in the
statutes addressing violations of and penalties associated with
Alaska's tobacco laws as they relate to licensed vendors of
tobacco products.
MS. KOESTER mentioned that members' packets include
documentation regarding the toxicity of nicotine when used by
children; incidents requiring the hospitalization of children
who used nicotine products; and the availability of such
products, including information indicating that the packaging of
such products so closely resembles that of candy, breath mints,
gum, toothpicks, hand wipes, or water that they pose a real
hazard to children. Also included is information indicating
that at least one tobacco manufacturer has relayed that it has
no intention of marketing such products for tobacco-cessation
purposes. Again, such products are not currently regulated, and
HB 244 is intended to stop their potential for abuse by
children, thereby addressing the sponsor's concern.
1:25:22 PM
CHAIR GATTO observed that members' packets include a picture of
some of those nicotine-containing products, illustrating how
closely their packaging resembles that of benign products.
MS. KOESTER, in response to questions and comments, reiterated
that currently these nicotine-containing products aren't
regulated at all in Alaska - anyone of any age can buy them;
concurred that under HB 224, violations would only warrant a
monetary fine; mentioned that the bill also has a referral to
the House Finance Committee; and relayed that the sponsor is
very concerned about ensuring that children addicted to nicotine
or tobacco can still access the resources they need in order to
help them quit, and would therefore be amenable to altering the
bill to that effect.
REPRESENTATIVE KELLER, to address the sponsor's concern,
suggested changing proposed AS 11.76.109(b) such that after the
words, "approved purposes;" the word, "and" be replaced with the
word, "or".
MS. KOESTER pointed out that such a change would result in a
parent or legal guardian being able to give his/her child
nicotine-containing products that aren't intended for tobacco-
cessation. As currently written, proposed AS 11.76.109(b)
already provides an exemption for tobacco-cessation products,
which, again, are regulated by the FDA.
1:29:46 PM
ANDREA FENAUGHTY, Ph.D., Deputy Chief, Chronic Disease
Prevention and Health Promotion, Division of Public Health,
Department of Health and Social Services (DHSS), referring to
the DHSS's tobacco-cessation helpline, explained that currently,
people ages 18 and older who call the helpline are provided with
tobacco-cessation products. As currently written, however,
HB 224 would prevent the DHSS's from providing tobacco-cessation
products to anyone who is 18 years of age. Furthermore, the
Health Insurance Portability and Accountability Act (HIPAA)
prevents the DHSS from providing such products to the parent or
legal guardian of a person 18 years of age or older.
Nonetheless, the DHSS is in support of HB 224 and is working
with the sponsor to address this issue of 18-year-olds seeking
tobacco-cessation products, perhaps by changing the age
threshold from 19 to 18. In response to questions, she
indicated that the DHSS is suggesting that the age threshold in
proposed AS 11.76.109(b) be changed to 18.
1:32:10 PM
REPRESENTATIVE HOLMES made a motion to adopt Conceptual
Amendment 1, to delete the term, "19" on page 1, line 13, and
page 2, line 6, and replace it with the term, "18". There being
no objection, Conceptual Amendment 1 was adopted.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HB 224.
REPRESENTATIVE HOLMES characterized HB 224 as a good bill.
1:33:23 PM
REPRESENTATIVE THOMPSON moved to report the proposed CS for
HB 224, Version 27-LS0466\I, Gardner, 4/11/11, as amended, out
of committee with individual recommendations and the
accompanying zero fiscal notes. There being no objection,
CSHB 224(JUD) was reported from the House Judiciary Standing
Committee.