Legislature(2005 - 2006)BUTROVICH 205

04/22/2006 09:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued from 04/20/06 --
+= SB 316 COURT REVIEW OF STRANDED GAS DECISION TELECONFERENCED
Heard & Held
+= SB 313 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE TELECONFERENCED
Moved CSSB 313(JUD) Out of Committee
+= SB 48 PSYCH. EVALUATION/TREATMENT FOR STUDENTS TELECONFERENCED
Moved CSSB 48(HES) Out of Committee
+= HB 446 PENALTY FOR UNLAWFUL TRADE PRACTICE TELECONFERENCED
Moved CSHB 446(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 48-PSYCH. EVALUATION/TREATMENT FOR STUDENTS                                                                     
                                                                                                                                
10:12:15 AM                                                                                                                   
CHAIR RALPH SEEKINS announced SB 48 to be up for consideration.                                                                 
                                                                                                                                
SENATOR  BETTYE DAVIS  introduced the  bill. She  said there  are                                                               
many other states that have passed similar legislation.                                                                         
                                                                                                                                
RICHARD  BENAVIDES, Staff  to Senator  Davis, explained  that the                                                               
bill  basically states  that a  public  school may  not deny  any                                                               
student  access  to  programs or  services  because  the  parents                                                               
refuse to  place the student  on psychotropic medications,  get a                                                               
psychiatric evaluation or  seek treatment for the  child. It also                                                               
spells  out   what  communications   are  allowed,  who   can  do                                                               
evaluations and the protections a  parent or guardian has against                                                               
being reported to the Office of Children's Services (OCS).                                                                      
                                                                                                                                
The  sponsor recognizes  that  psychotropic  drugs are  sometimes                                                               
used to  address mental health  problems. The U.S.  Department of                                                               
Education   has   clearly   informed   educators   that   medical                                                               
professionals, not  education professionals, are  responsible for                                                               
prescribing medication.                                                                                                         
                                                                                                                                
A 2004  reauthorization of the  Individuals with  Disabilities in                                                               
Education  Act  (IDEA)  requires  that each  state  prohibit  any                                                               
school  district personnel  from requiring  a child  to obtain  a                                                               
prescription for  psychotropic drugs as a  condition of attending                                                               
school. This does not prevent teachers from sharing classroom-                                                                  
based observations  with parents  or guardians.  Essentially, any                                                               
medical decision to address a  student's need is a matter between                                                               
the student,  the parent and a  competent healthcare professional                                                               
chosen by the parent.                                                                                                           
                                                                                                                                
Nothing  in the  bill prevents  school personnel  from using  any                                                               
other  means  of  dealing  with  behavioral  problems.  The  bill                                                               
targets teachers  who attempt to prevent  children from attending                                                               
school.                                                                                                                         
                                                                                                                                
10:17:26 AM                                                                                                                   
CHAIR SEEKINS called for public testimony.                                                                                      
                                                                                                                                
STUART THOMPSON, Wasilla,  testified in support of  SB 48. School                                                               
administrator  training   is  not  designed  to   make  educators                                                               
competent  to   practice  any  type   of  medicine,   he  stated.                                                               
Advertisements  by pharmaceutical  companies attempt  to convince                                                               
the  mainstream  that children  with  excess  energy suffer  from                                                               
chemical  imbalances,  which their  drugs  would  cure. Years  of                                                               
using  legal  drugs  begets  years of  using  illegal  drugs,  he                                                               
claimed. He encouraged the committee to support SB 48.                                                                          
                                                                                                                                
10:22:27 AM                                                                                                                   
MARGARET  ANTHONY,  Fairbanks,  expressed concern  regarding  the                                                               
number of children in America  on psychotropic drugs. Some of the                                                               
most talented people in history had  a hard time sitting still in                                                               
school, such as  Albert Einstein and actor Tom  Cruise. Today the                                                               
two might  be diagnosed with ADD  and put on drugs.  She informed                                                               
the committee  that any person who  was been on Ritalin  for more                                                               
than two years is not eligible to serve in the military.                                                                        
                                                                                                                                
People on psychotropic drugs present  higher risks of suicide and                                                               
violent behavior.  One of the  students who went on  the shooting                                                               
spree in  Columbine High School was  on such types of  drugs, she                                                               
stated. The  drugs appear  to interfere  with good  judgment. She                                                               
encouraged the committee to support the bill.                                                                                   
                                                                                                                                
10:26:33 AM                                                                                                                   
FRANK TURNEY,  Fairbanks, said  he was  a community  activist who                                                               
supported  SB  48. He  informed  the  committee of  a  resolution                                                               
passed  in  2005 by  the  borough  assembly  in support  of  this                                                               
legislation.  Many  parents  are concerned  with  their  children                                                               
being  misdiagnosed  with  attention deficit  disorder  (ADD)  or                                                               
attention deficit  hyperactivity disorder (ADHD) and  then denied                                                               
the  opportunity to  serve in  military service.  He agreed  with                                                               
previous testimony  from Ms. Anthony regarding  increased erratic                                                               
behavior  of  young adults  who  have  been put  on  psychotropic                                                               
drugs.                                                                                                                          
                                                                                                                                
10:31:50 AM                                                                                                                   
GREG STERNQUIST,  Chiropractor, said he has  treated children for                                                               
ADHD  for  many   years  and  considers  himself   an  expert  on                                                               
psychotropic drugs. He recognized that  teachers are doing a good                                                               
job overall but  they do not have possess the  education level to                                                               
diagnose  or   suggest  treatment  to  children.   He  urged  the                                                               
committee to support the bill.                                                                                                  
                                                                                                                                
10:33:35 AM                                                                                                                   
ANGELA  TILLERY, Director,  Church of  Scientology, testified  in                                                               
support of  the bill.  She has  counseled parents  whose children                                                               
have   been  recommended   psychotropic   drugs   due  to   their                                                               
hyperactivity.  School districts  want a  quick fix  because they                                                               
have  too many  children in  the classroom  and they  seek easier                                                               
control, she claimed.                                                                                                           
                                                                                                                                
10:36:47 AM                                                                                                                   
RICHARD  WARNER,   President  of  the  Seattle   Chapter  of  the                                                               
Citizen's  Commission on  Human Rights,  testified in  support of                                                               
the bill.  Similar legislation has  passed in many  other states.                                                               
Children  are  exposed  to many  different  factions  in  today's                                                               
society  and  there are  many  different  root causes  to  mental                                                               
instability   including  too   much  television   watching,  poor                                                               
nutrition,  and exposure  to  environmental  toxins. The  Surgeon                                                               
General's  1999  report  on  mental   health  says  there  is  no                                                               
definitive  lesion,  laboratory  tests or  abnormality  in  brain                                                               
tissue that can identify mental illness.                                                                                        
                                                                                                                                
The FDA  has recently issued  an unprecedented series  of warning                                                               
against   psychotropic  drugs.   They  have   found  that   anti-                                                               
depressants can double a child's  risk of becoming suicidal. ADHD                                                               
drugs such as Ritalin can  increase cardiovascular problems, lead                                                               
to hallucinations, aggression,  violence, and psychotic behavior.                                                               
Tests show that the drugs are  no more effective than placebos in                                                               
treating children for hyperactivity.                                                                                            
                                                                                                                                
10:41:18 AM                                                                                                                   
MR. WARNER continued  his only problem with the S  version of the                                                               
bill is that  the original bill was much  stronger. He encouraged                                                               
the  committee to  return the  bill to  its stronger  position of                                                               
protecting parents who refuse to put their children on drugs.                                                                   
                                                                                                                                
10:44:16 AM                                                                                                                   
SENATOR CHARLIE  HUGGINS asked Senator  Davis whether  she agreed                                                               
with Mr. Warner's stance for a stronger bill.                                                                                   
                                                                                                                                
SENATOR DAVIS said she felt the bill was in good form.                                                                          
                                                                                                                                
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR  GRETCHEN  GUESS  moved   to  report  CSSB  48(HES)  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
notes. Hearing no objections, the motion carried.                                                                               

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