Legislature(2015 - 2016)CAPITOL 120

02/12/2016 01:00 PM JUDICIARY

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Audio Topic
01:04:24 PM Start
01:04:35 PM SB23
01:15:01 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 287 ATTY GEN: SERVICE ON BOARDS/COMMISSIONS TELECONFERENCED
<Bill Hearing Canceled>
-- Public & Invited Testimony --
+= SB 23 IMMUNITY FOR PROVIDING OPIOID OD DRUG TELECONFERENCED
Moved HCS CSSB 23(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB 23-IMMUNITY FOR PROVIDING OPIOID OD DRUG                                                                       
                                                                                                                                
1:04:35 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR  KELLER announced  that  the  only order  of  business                                                              
would be  (S)CS FOR SENATE BILL  NO. 23(JUD), "An Act  relating to                                                              
opioid   overdose  drugs   and   to  immunity   for   prescribing,                                                              
providing, or administering opioid overdose drugs."                                                                             
                                                                                                                                
VICE CHAIR  KELLER advised that  the bill is before  the committee                                                              
for comments, discussion, and amendments.                                                                                       
                                                                                                                                
1:05:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt proposed Amendment 1.                                                                   
                                                                                                                                
     Page 1, line 2:                                                                                                            
          Delete the first occurrence of "and"                                                                                
                                                                                                                                
     Page 1, line 3, following "drugs":                                                                                       
         Insert "; and providing for an effective date"                                                                       
                                                                                                                                
     Page 5, following line 24:                                                                                                 
     Insert a new bill section to read:                                                                                         
       "* Sec. 7. This Act takes effect immediately under                                                                   
     AS 01.10.070(c)."                                                                                                          
                                                                                                                                
VICE  CHAIR  KELLER asked  Senator  Johnny  Ellis whether  he  was                                                              
aware of the amendments and whether he objected.                                                                                
                                                                                                                                
[SENATOR ELLIS nodded his agreement with the amendments.]                                                                       
                                                                                                                                
VICE  CHAIR   KELLER  stated  that   there  being   no  objection,                                                              
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG noted it is an effective date clause.                                                                  
                                                                                                                                
1:06:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt proposed Amendment 2.                                                                   
                                                                                                                                
     Page 4, line 19, following "physician,":                                                                                   
          Insert "osteopath, dentist,"                                                                                          
                                                                                                                                
     Page 5, line 14, following "physician,":                                                                                   
          Insert "osteopath, dentist,"                                                                                          
                                                                                                                                
REPRESENTATIVE FOSTER objected for purposes of discussion.                                                                      
                                                                                                                                
REPRESENTATIVE   GRUENBERG  advised   that   the  amendment   adds                                                              
osteopaths  and   dentists  to  the  definition   of  health  care                                                              
provider in  that they  also have the  legal ability  to prescribe                                                              
generally.   He noted that  optometrists and podiatrists  were not                                                              
included  because they  are  limited to  prescribe  only in  their                                                              
particular areas of training and expertise in the human body.                                                                   
                                                                                                                                
VICE CHAIR  KELLER stated that the  sponsor did not object  to the                                                              
amendment.                                                                                                                      
                                                                                                                                
[The committee treated the objection as removed.]                                                                               
                                                                                                                                
VICE CHAIR KELLER  said there being no objection,  Amendment 2 was                                                              
adopted.                                                                                                                        
                                                                                                                                
1:07:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt proposed Amendment 3.                                                                   
                                                                                                                                
     Page 4, line 8:                                                                                                            
     Delete "if the person"                                                                                                     
     Insert "."                                                                                                                 
                                                                                                                                
     Page 4, lines 9 - 15:                                                                                                      
     Delete all material.                                                                                                       
                                                                                                                                
REPRESENTATIVE FOSTER objected for purposes of discussion.                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG advised that  the amendment  deletes the                                                              
language  on  page 4,  lines  8  and  9-15,  in that  the  current                                                              
language  could  severely undercut  the  immunity  desired in  the                                                              
bill.                                                                                                                           
                                                                                                                                
1:08:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN asked that  his name be  added to  the [bill]                                                              
as co-sponsor.                                                                                                                  
                                                                                                                                
VICE CHAIR KELLER  stated that Representative Lynn  added his name                                                              
[as co-sponsor to SB 23].                                                                                                       
                                                                                                                                
VICE CHAIR  KELLER said, for  clarification, this allows  a person                                                              
who  happens to  be  in  the vicinity  [of  an overdose]  and  has                                                              
access  to  the drug,  to  administer  the "essentially  an  anti-                                                              
venom" drug without liability.                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG stated "that is correct."                                                                              
                                                                                                                                
VICE CHAIR  KELLER stated that the  sponsor did not object  to the                                                              
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE FOSTER removed his objection.                                                                                    
                                                                                                                                
VICE CHAIR  KELLER advised there  being no objection,  Amendment 3                                                              
was adopted.                                                                                                                    
                                                                                                                                
1:09:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER   said  that   there   being  no   further                                                              
amendments, the  bill is before  the committee as amended,  and he                                                              
asked for comments or discussion.                                                                                               
                                                                                                                                
1:09:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  emphasized that this is a very  good bill and                                                              
he will  vote yes.   Although,  he remarked  the  bill may hold  a                                                              
somewhat enabling  component because if  a drug addict  knows that                                                              
the antidote is  right there, they may be tempted  to take more of                                                              
the opiate  than they had previously  planned.  He  then expressed                                                              
that the good of  this bill far outweighs his concern  and said he                                                              
is now a co-sponsor to the bill.                                                                                                
                                                                                                                                
1:10:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   indicated  his  desire   to  associate                                                              
himself with  Representative  Lynn's comments  and also added  his                                                              
name as co-sponsor to the bill.                                                                                                 
                                                                                                                                
REPRESENTATIVE  CLAMAN agreed  this  is a  very good  bill and  it                                                              
will save  lives.  One  of things legislators  can do, is  make it                                                              
possible to  sometimes save lives  and make a difference  in every                                                              
community  in Alaska and,  he stated,  this bill  is doing  a good                                                              
thing.   He remarked he  is pleased to  support the bill  and will                                                              
sign on as a co-sponsor to the bill.                                                                                            
                                                                                                                                
1:11:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN added  that "pro-life"  has many  definitions                                                              
and he considers this a pro-life bill.                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG thanked  Senator  Ellis, Sarah,  Deneen,                                                              
Nicoli,  Kalyssa,  Megan, and  everyone  for working  together  to                                                              
produce a really good bill                                                                                                      
                                                                                                                                
REPRESENTATIVE  KELLER  expressed  that,  to  him,  this  bill  is                                                              
frustrating because it  is a reaction to a real  problem, and that                                                              
heroin overdoses  affect every level of the economic  structure of                                                              
every  community.   He stressed,  "This is very  strictly  for the                                                              
record, a bill  that deals with treatment of  overdose of opioids,                                                              
it  is  not a  bill  that  does  anything with  the  treatment  of                                                              
addiction  problems that  we  have.   And this  is  ... there's  a                                                              
close  connection there,  and  there's  a nexus  that  is kind  of                                                              
confusing, and  that is that  methadone is  an opioid and  that is                                                              
used in  the treatment  of some  of the  addiction problems."   He                                                              
acknowledged that  the sponsor wisely kept the  issues separate in                                                              
order  to  get  this  lifesaving  bill  through.    Therefore,  he                                                              
emphasized, it is also a good bill.                                                                                             
                                                                                                                                
1:13:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER  moved to report House CS for  CS for Senate                                                              
Bill 23(HSS),  labeled 29-LS0058\N,  as amended, out  of committee                                                              
with  individual  recommendations   and  the  accompanying  fiscal                                                              
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for discussion.                                                                               
                                                                                                                                
REPRESENTATIVE   GRUENBERG  commented   that  after  hearing   the                                                              
positive comments  from the members,  he suggested it  is possible                                                              
to  make  a  motion  to  pass  the  bill  out  with  a  "Do  Pass"                                                              
recommendation  and, of course,  sign the  bill individually.   He                                                              
remarked  that this  rarely  happens but  it  may be  a bill  that                                                              
merits a "Do Pass" by the committee.                                                                                            
                                                                                                                                
VICE CHAIR  KELLER advised  that the  motion is  on the  floor and                                                              
everyone   has  the   option  of   checking  "Do   Pass"  or   "No                                                              
Recommendation."                                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
                                                                                                                                
REPRESENTATIVE  KELLER  stated  that  there  being  no  objection,                                                              
House CS for  CS for Senate Bill  23(JUD) passed out of  the House                                                              
Judiciary Standing Committee.                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects
HB 287 - Fiscal Note - LAW-CIVIL-02-04-16.pdf HJUD 2/12/2016 1:00:00 PM
HB 287
HB 287 - Fiscal Note - LAW-CRIM-02-04-16.pdf HJUD 2/12/2016 1:00:00 PM
HB 287
SB 23 - Amendment 1.pdf HJUD 2/12/2016 1:00:00 PM
SB 23
SB 23 - Amendment 2.pdf HJUD 2/12/2016 1:00:00 PM
SB 23
SB 23 - Amendment 3.pdf HJUD 2/12/2016 1:00:00 PM
SB 23