Legislature(2005 - 2006)BELTZ 211

03/01/2005 03:30 PM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 20 OFFENSES AGAINST UNBORN CHILDREN TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= SB 101 REVISOR'S BILL
Moved CSSB 101(STA) Out of Committee
= SB 75 PUBLIC HEALTH DISASTERS/EMERGENCIES
Heard & Held
               SB  75-PUBLIC HEALTH DISASTERS/EMERGENCIES                                                                   
                                                                                                                              
4:16:33 PM                                                                                                                    
                                                                                                                                
CHAIR   GENE   THERRIAULT     announced     SB  75  to  be  up  for   consideration                                           
and    asked    Dr.    Mandsager      to   come    forward.      He   reviewed     the                                          
testimony     from  the   previous    hearing    then   noted   that   the   proposed                                           
amendment      had    been    broken     into    eight     separate     pieces     for                                          
consideration.        He   highlighted      the    proposed      changes     and   the                                          
drafter's comments then asked Dr. Mandsager to proceed.                                                                         
                                                                                                                                
4:18:32 PM                                                                                                                    
                                                                                                                                
DR.    RICHARD    MANDSAGER,      Director,      Division     of   Public     Health,                                           
Department     of   Health    and  Social    Services     (DHSS),    said   he   would                                          
begin     where    the    discussion      stopped      the    previous     week.     He                                         
acknowledged      that   some   suggestions     weren't     included    in  the   list                                          
of   proposed     amendments     and   he   wanted    it   to   be   clear   why   all                                          
suggestions weren't included.                                                                                                   
                                                                                                                                
He  emphasized      that   the   governmental      part   of  public    health    only                                          
works   if   the   public   trusts    the   government.     If   the   system   is   to                                         
work,    there     must    be   voluntary      agreement      between     providers,                                            
individuals     and   governmental      staff   and   if  the   people    lose   trust                                          
in  government     it's   very   difficult    to   reclaim.    We  have   decades    of                                         
experience      in   this    state    of   practices     that    have    had   almost                                           
complete     agreement      about     voluntary     reporting      and    this    bill                                          
codifies rather than expands those current practices, he said.                                                                  
                                                                                                                                
DR.   MANDSAGER     said   the   foregoing     explanation      is  important     when                                          
discussing     the   details    of   the   balance    point    between    protecting                                            
public    health    and   the   due   process    and   individual      rights.    That                                          
being    said,   he   noted    that   DHSS   did   not   bring    an   amendment     to                                         
expand    religious     exemptions     to  include    screening     and   treatment.                                            
The   reasoning     is  that    most   emergency     situations     are   short-term                                            
and  if   a few   people    claim   a  religious    exemption     it  wouldn't    make                                          
a great deal of difference.                                                                                                     
                                                                                                                                
However,     if   someone    were    to  claim    a   religious     exemption     from                                          
screening       or    testing      for    a    chronic      condition       such     as                                         
tuberculosis,      the   state   public   health    system   would    be  faced   with                                          
the    dilemma     of    deciding      whether     or    not    to    monitor     that                                          
individual      for   the   rest   of   the   person's     life.    That   certainly                                            
would   entail    an  administrative       and   medical    burden,    which   is  why                                          
the department doesn't suggest expanding the exemptions.                                                                        
                                                                                                                                
4:22:11 PM                                                                                                                    
                                                                                                                                
DR.    MANDSAGER      noted    the    committee     took     action    on    proposed                                           
Amendment 1 during the previous hearing.                                                                                        
                                                                                                                                
AMENDMENT 1  --- CSSB75 (     )                                                                                                 
                                                                                                                                
                                                                                                                                
                            A M E N D M E N T                                                                               
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE STATE                           BY _____________________                                                  
                                                                                                                                
       AFFAIRS COMMITTEE                                                                                                        
                                                                                                                                
       TO:  CSSB 75(HES)                                                                                                        
                                                                                                                                
                                                                                                                                
Page 15, line 13-14                                                                                                             
                                                                                                                                
       Delete "minor; however, parents or guardians of the minor                                                                
                                                                                                                                
do not have party status in the proceedings under this section"                                                                 
       Insert "minor"                                                                                                           
                                                                                                                                
                                                                                                                                
DR.   MANDSAGER     said   that   with   regard    to  proposed     Amendment     2  he                                         
would   first    comment    on  striking     any  reference     to  the   particular                                            
statutes.     DHSS   suggested    that   it   should   be   clear   that   this   part                                          
of   the    bill    is   talking     about    the    subjects     of   information,                                             
protection,     and   identifiable      health   information.      The   constraints                                            
the   department      proposes    to   follow    on   when   identifiable      health                                           
information     could    be  collected    applies    to  this   type   of  activity.                                            
He   explained     that   identifiable      health    information      is  collected                                            
when   kids    are   taken    into   custody    at   the   Office    of   Children's                                            
Services     (OCS)    and    public    assistance      and   Medicaid     also    have                                          
identifiable public health information.                                                                                         
                                                                                                                                
The   proposal     is   that    the   department     may    acquire    identifiable                                             
health    information     only    if  it   meets   the   three   standards     listed                                           
in   proposed     Amendment     2.   It   must   be   clear    that    the   proposed                                           
constraints      only   apply    to   this   public     health    activity     of  the                                          
department     and   not   that    someone    might    later   construe     that   the                                          
department     has  a  limitation     on   collection    of   identifiable     health                                           
information      in  other    departmental      activities.     That    is  why   DHSS                                          
suggested     that   the   statutes    be   clearly    identified     in   the   bill.                                          
He  suggested     that   further    conversation     with   legislative      legal   is                                         
warranted.                                                                                                                      
                                                                                                                                
Because    legislative     legal   pointed    out   that   public   health    purpose                                           
isn't   defined    in   the  bill,    DHSS   suggests    including     a  definition                                            
in  the   definitions     section     and  striking     the  (a)(1)    reference     to                                         
public health importance on page 8, line 7 [CSSB 75(HES)].                                                                      
                                                                                                                                
AMENDMENT 2  --- CSSB75 (     )                                                                                                 
                                                                                                                                
                                                                                                                                
                            A M E N D M E N T                                                                               
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE STATE                           BY _____________________                                                  
                                                                                                                                
       AFFAIRS COMMITTEE                                                                                                        
                                                                                                                                
       TO:  CSSB 75(HES)                                                                                                        
                                                                                                                                
                                                                                                                                
Page 8, line 26, following "information":                                                                                       
                                                                                                                                
       Insert "under this section"                                                                                              
                                                                                                                                
                                                                                                                                
Page 8, line 29, following "safeguards.":                                                                                     
                                                                                                                                
       Insert the following new material:                                                                                       
                                                                                                                                
             "(a)  The department [under AS 18.15.355  18.15.390,] may acquire and use                                          
                                                                                                                                
       identifiable health information only if the                                                                              
                                                                                                                                
                    (1)  acquisition and use relates directly to a                                                            
                                                                                                                                
       public health purpose, including analysis and evaluation of                                                            
                                                                                                                                
       conditions of public health importance and evaluation of                                                                 
                                                                                                                                
       public health programs;                                                                                                  
                                                                                                                                
                    (2)  acquisition and use is reasonably likely to                                                            
                                                                                                                                
       contribute to the achievement of a public health purpose;                                                              
                                                                                                                                
       and                                                                                                                      
                                                                                                                                
                    (3)  public health purpose cannot otherwise be                                                            
                                                                                                                                
       achieved at least as well with nonidentifiable health                                                                    
                                                                                                                                
       information.                                                                                                             
                                                                                                                                
             (b)"                                                                                                               
                                                                                                                                
                                                                                                                                
CHAIR THERRIAULT asked for clarification                                                                                        
                                                                                                                                
DR.   MANDSAGER     responded     lines    9  and   10   could    be   dropped    from                                          
proposed     Amendment     2.  It   would    say   the   conditions     under    which                                          
the    department     could     collect     identifiable      health     information                                            
would   have   to  satisfy    these   the   following     tests:   (1)   acquisition                                            
and    use   directly      relates     to   a   public     health     purpose;     (2)                                          
acquisition      and   use   is  reasonably      likely    to  contribute      to  the                                          
achievement      of  a   public    health    purpose;    and   (3)   public    health                                           
purpose    cannot    otherwise     be   achieved    at   least    as  well   as   non-                                          
identifiable health information.                                                                                                
                                                                                                                                
After    many   conversations      with    the   ACLU   and   other    parties    that                                          
are   concerned    that   the   department     had   an  overly    broad   authority                                            
to  collect    identifiable      health    information,      DHSS   suggests    it   be                                         
limited by having to meet those three tests.                                                                                    
                                                                                                                                
SENATOR    KIM   ELTON   asked   if   he  should    ask  questions     as  they   came                                          
up or wait until the presentation was finished.                                                                                 
                                                                                                                                
CHAIR    THERRIAULT     explained     that    DHSS   asked    that   the   committee                                            
discuss    the   proposed     amendment     packet,    but   take    no  action.     He                                         
noted    that    the   House    is   working    on   the   same    issue    and   this                                          
committee     might    address     that    vehicle.     He   said   he   was   simply                                           
taking notes on the suggestions that were presented.                                                                            
                                                                                                                                
4:26:46 PM                                                                                                                    
                                                                                                                                
SENATOR    ELTON    recalled    that   the   ACLU   and   others    cautioned     that                                          
the    definition      that    governs      the    access     of   private     health                                           
information      is   too   broad.    Considering     the    definition     that   was                                          
just     distributed,       he    said    he    tends     to    agree     with    that                                          
assessment.     For   instance,     if  obesity    were   defined    in  such   a  way                                          
that   it   is   given    public    importance,     then    DHSS   would    have   the                                          
authority to look at obese persons' private records.                                                                            
                                                                                                                                
DR.   MANDSAGER     said   there   is   a  distinction      between    dealing    with                                          
identifiable       health     information      and    looking     at   records     but                                          
keeping     no    individual       identifiers.       There     are    projects      or                                         
surveillance      systems     where    DHSS    may   look    at  records     of   some                                          
sort,    but    unless    the    three    tests     are   met,    the    information                                            
couldn't be kept in an identifiable format.                                                                                     
                                                                                                                                
SENATOR    ELTON   said   he   doesn't    see  anything     about   looking    at  the                                          
information        in    an     aggregated       manner      with     no     personal                                           
identifiers.                                                                                                                    
                                                                                                                                
4:29:07 PM                                                                                                                    
                                                                                                                                
DR.   MANDSAGER      said   if   that's     correct    then    the   wording     needs                                          
additional      work   because     they    are   attempting      to   say   that   the                                          
department     may   acquire     and   use   identifiable      health    information                                            
only   if  it  meets    the  three    tests.   He  asked    if  he  is  saying    that                                          
the three tests are still too broad.                                                                                            
                                                                                                                                
SENATOR ELTON said that's accurate.                                                                                             
                                                                                                                                
DR.   MANDSAGER     respectfully     disagreed     and   said   this   would   simply                                           
codify    present   practice.     He  turned    to  Ms.   Erickson    and  commented                                            
they   have    discussed     the   implications       of  using    the   phrase,     "a                                         
significant      risk   to   public    health    "  but    that   caused    him   some                                          
concern    and   he   would   have   to   think    about   it   further.    He   asked                                          
Ms. Erickson if the phrase would cause trouble.                                                                                 
                                                                                                                                
DEB   ERICKSON,     Deputy    Director,     Division    of   Public    Health,    said                                          
she would like to give that consideration.                                                                                      
                                                                                                                                
4:31:07 PM                                                                                                                    
                                                                                                                                
DR.   MANDSAGER     introduced     Ms.   Erickson    as   the   national    chair    of                                         
the   Turning     Point    Project,     which    is   looking    at   model    public                                           
health    acts   for  the   country.    He   said   he  frequently     looks   to  her                                          
as the in-house expert.                                                                                                         
                                                                                                                                
DR.   MANDSAGER     asked   if   determining      the  standard     for   collecting                                            
identifiable      public     health    information      would    help    define    the                                          
term they suggested.                                                                                                            
                                                                                                                                
SENATOR CHARLIE HUGGINS asked for clarification.                                                                                
                                                                                                                                
DR.   MANDSAGER     replied     the   phrase    "conditions      of  public    health                                           
importance" is used nationally.                                                                                                 
                                                                                                                                
CHAIR   THERRIAULT      pointed    to  the   definition     on   page   7,  lines    16                                         
through    20   and   said   that   when    people    talk   about   public    health                                           
they   think    in   terms   of   a  disease    like    the   plague,    but   in  the                                          
medical    community     today,   the   conditions     of  obesity    or  high   blood                                          
pressure would fall under that definition.                                                                                      
                                                                                                                                
4:33:42 PM                                                                                                                    
                                                                                                                                
DR.    MANDSAGER     referenced      the    partnership      with    the   Anchorage                                            
School    District      to   highlight     his   concern     that    narrowing     the                                          
definition      too   much    would    preclude      partnering      opportunities.                                             
DHSS    partnered      with    that     school     district     to    help    analyze                                           
individual     height    and   weight    data   to  produce    a  body    mass   index                                          
(BMI)    to   indicate     how   fat   students     are.    The   information      was                                          
given    to  the   school    district    in   aggregate     with   no  individually                                             
identifiable       data.    However,     he   agreed    that    if   DHSS    were    to                                         
collect     identifiable       health     information,       there    should     be   a                                         
higher standard.                                                                                                                
                                                                                                                                
SENATOR    THERRIAULT     asked   whether    identifiable      means   identifiable                                             
to an individual.                                                                                                               
                                                                                                                                
DR.   MANDSAGER     replied    it   means    being   able    to  track    data   to   a                                         
particular     individual      in   a  particular     community.      In   the   bill,                                          
identifiable health information is defined on page 19, line 11.                                                                 
                                                                                                                                
4:35:14 PM                                                                                                                    
                                                                                                                                
SENATOR    THERRIAULT     said   his   preference     is  to   add  the   definition                                            
to the packet as Amendment 9.                                                                                                   
                                                                                                                                
He asked Dr. Mandsager to discuss proposed Amendment 3.                                                                         
                                                                                                                                
DR.   MANDSAGER     explained    that   in   this   instance    legislative      legal                                          
decided    it  was   acceptable     to  specifically     reference     the   statute,                                           
but   he   wasn't    clear   why   it   wasn't    acceptable     to   do  so   on  the                                          
previous amendment.                                                                                                             
                                                                                                                                
CHAIR    THERRIAULT      remarked     the    intent    is   to   have    a   limiting                                           
effect.                                                                                                                         
                                                                                                                                
DR. MANDSAGER agreed.                                                                                                           
                                                                                                                                
AMENDMENT 3 - CSSB75(    )                                                                                                      
                                                                                                                                
                                                                                                                                
                            A M E N D M E N T                                                                               
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE STATE                           BY _____________________                                                  
                                                                                                                                
       AFFAIRS COMMITTEE                                                                                                        
                                                                                                                                
       TO:  CSSB 75(HES)                                                                                                        
                                                                                                                                
                                                                                                                                
Page 8, line 30, following "information":                                                                                       
                                                                                                                                
       Insert "collected under AS 18.15.355 - 18.15.390"                                                                        
                                                                                                                                
                                                                                                                                
DR.   MANDSAGER     referenced     proposed    Amendment     4  and   explained    the                                          
ACLU    raised    the   concern     that   it   isn't    clear    in   statute    that                                          
identifiable      health   information      is  destroyed    once   the   government                                            
is  finished     using   the   information      and   it's   necessary     to  have   a                                         
policy and practice for doing so.                                                                                               
                                                                                                                                
CHAIR    THERRIAULT      clarified     that    DHSS    suggested     inserting     the                                          
underscored      language    and   Legislative      Legal   recommended      deleting                                           
the bracketed language in proposed Amendment 4.                                                                                 
                                                                                                                                
DR.   MANDSAGER    acknowledged      DHSS   was  agreeable     to  the  changes.     He                                         
then    argued    that    it   should    be   put   into    regulation      that   the                                          
public    should     know    when   the    government      is   going    to   collect                                           
identifiable      health    information.     The   public    should    know   what   is                                         
collected,     how   long   the  data   would   be   kept   and  when   it  would    be                                         
destroyed.                                                                                                                      
                                                                                                                                
AMENDMENT 4 - CSSB75(    )                                                                                                      
                                                                                                                                
                                                                                                                                
                            A M E N D M E N T                                                                               
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE STATE                           BY _____________________                                                  
                                                                                                                                
       AFFAIRS COMMITTEE                                                                                                        
                                                                                                                                
       TO:  CSSB 75(HES)                                                                                                        
                                                                                                                                
                                                                                                                                
Page 9, following line 1:                                                                                                       
                                                                                                                                
       Insert the following new material:                                                                                       
                                                                                                                                
             "(c)  The department shall expunge, in a confidential                                                              
                                                                                                                                
       manner,     identifiable       health    information       collected      under                                          
                                                                                                                                
       AS  18.15.355     -  18.15.390     when    the   use   of   the   information                                          
                                                                                                                                
       [whose   use]   by  the   department     no  longer    furthers    the  public                                         
                                                                                                                                
       health    purpose    for   which   it   was  acquired.       The   department                                          
                                                                                                                                
       shall    establish      by   regulation      a   retention     schedule     for                                          
                                                                                                                                
       records containing identifiable health information."                                                                     
                                                                                                                                
                                                                                                                                
SENATOR    ELTON   questioned     why   the  peg   is  "use   of  the  information"                                             
and   whether   it   wouldn't    be  more   straightforward       to  say  "when   the                                          
information collected by the department no longer furthers".                                                                    
                                                                                                                                
4:38:11 PM                                                                                                                    
                                                                                                                                
DAN   BRANCH,    Senior    Assistant     Attorney     General,     Department     Law,                                          
said   it   was  written     that   way  because     the  federal     HIPAA   privacy                                           
regulations      recognize     and   make    a   distinction      between    the   two                                          
stages.     The   first    is   the    collection      of   information      and   the                                          
second is protection of the collected information.                                                                              
                                                                                                                                
DR.   MANDSAGER    explained     that   proposed     Amendment    5  came   about    in                                         
response    to   a  current    tuberculosis      case   in  the   state.    It  is   to                                         
clarify that there is a stepwise progression to the process.                                                                    
                                                                                                                                
AMENDMENT 5 --- CSSB75(    )                                                                                                    
                                                                                                                                
                                                                                                                                
                            A M E N D M E N T                                                                               
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE STATE                           BY _____________________                                                  
                                                                                                                                
       AFFAIRS COMMITTEE                                                                                                        
                                                                                                                                
       TO:  CSSB 75(HES)                                                                                                        
                                                                                                                                
                                                                                                                                
Page 11, following line 12:                                                                                                     
                                                                                                                                
       Insert the following new material:                                                                                       
                                                                                                                                
             "(b)  A state medical officer may direct an individual                                                             
                                                                                                                                
       who   has   or  may   have   been    exposed    to  a   contagious     disease                                           
                                                                                                                                
       that   poses   a  significant     risk   or  danger   to   others   or  to  the                                          
                                                                                                                                
       public's     health     to    complete      an   appropriate       prescribed                                            
                                                                                                                                
       course    of  treatment     for   the   contagious      disease,    including                                            
                                                                                                                                
       medication       and    [including       through]      directly       observed                                           
                                                                                                                                
       therapy    where   appropriate,      and  to  follow    [infection     control                                           
                                                                                                                                
       provisions]     measures     to  prevent    the   spread    of  disease    [for                                      
                                                                                                                                
       the disease]."                                                                                                           
                                                                                                                                
                                                                                                                                
Page   11,  line   13:                                                                                                          
                                                                                                                                
       Delete "(b)"                                                                                                             
                                                                                                                                
       Insert "(c)"                                                                                                             
                                                                                                                                
                                                                                                                                
Page   11,  line   16:                                                                                                          
                                                                                                                                
       Delete "(c)"                                                                                                             
                                                                                                                                
       Insert "(d)"                                                                                                             
                                                                                                                                
                                                                                                                                
SENATOR ELTON asked for confirmation that there is just one                                                                     
state medical officer.                                                                                                          
                                                                                                                                
DR. MANDSAGER replied a state medical officer is a physician                                                                    
employed by the Division of Public Health and that would                                                                        
ordinarily be the state epidemiologist.                                                                                         
                                                                                                                                
SENATOR THERRIAULT noted the department inserted the underlined                                                                 
language and legislative legal recommended deleting the                                                                         
bracketed language.                                                                                                             
                                                                                                                                
DR. MANDSAGER said the department is in agreement with the                                                                      
changes legislative legal recommended.                                                                                          
                                                                                                                                
4:41:33 PM                                                                                                                    
                                                                                                                                
DR.   MANDSAGER     informed     members    that    proposed     Amendment     6  came                                          
from   suggestions     made   during    the  previous    hearing.     It  is  to  make                                          
it   clear   that   if   someone    refuses     treatment     then   they   bear   the                                          
cost of isolation and quarantine                                                                                                
                                                                                                                                
The   only    change    he   recommends     in   proposed     Amendment     6   is   to                                         
change    "and"   to  "or"   in  the  phrase    "seeking    and   implementing"      so                                         
it   is  clear    that   the   individual      bears   the   cost    and   the   state                                          
does not.                                                                                                                       
                                                                                                                                
AMENDMENT 6  --- CSSB75 (     )                                                                                                 
                                                                                                                                
                                                                                                                                
                            A M E N D M E N T                                                                               
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE STATE                           BY _____________________                                                  
                                                                                                                                
       AFFAIRS COMMITTEE                                                                                                        
                                                                                                                                
       TO:  CSSB 75(HES)                                                                                                        
                                                                                                                                
                                                                                                                                
Page 11, line 17, following "treatment.":                                                                                       
                                                                                                                                
       Insert "However, an individual exercising the right under                                                                
                                                                                                                                
this   subsection     is  responsible      for   paying   all   costs   incurred     by                                         
                                                                                                                                
the    state     in    seeking      and    implementing       [imposing       any]    a                                     
                                                                                                                                
quarantine     or  isolation     order   made   necessary     by  the  individual's                                             
                                                                                                                                
refusal    of  treatment.       The  department     shall   advise    an  individual                                            
                                                                                                                                
refusing    treatment     that   that   refusal    may  result    in  an  indefinite                                            
                                                                                                                                
quarantine      or    isolation      and    that     the    individual      will     be                                         
                                                                                                                                
responsible      for   payment    of  all   costs    of   [any]   a  quarantine      or                                       
                                                                                                                                
isolation."                                                                                                                     
                                                                                                                                
                                                                                                                                
CHAIR    THERRIAULT     clarified     that    the   right    an  individual      would                                          
exercise    is  the   right   to  refuse    treatment    and   go  into   quarantine                                            
instead.                                                                                                                        
                                                                                                                                
DR.   MANDSAGER     explained     proposed     Amendment     7  is   an  attempt     to                                         
raise    the   bar   for   when    an   isolation     and   quarantine      order    is                                         
imposed.     The    department     suggested      using    the   phrase     "poses    a                                         
significant       risk    to    public     health"      but    Legislative       Legal                                          
recommends      going    back    to   "is    a   condition      of   public    health                                           
importance."      He   maintained     that   the   bar   should    be   raised.    The                                          
flu   is  a  condition     of   public   health    importance,      he  argued,    but                                          
we  wouldn't     isolate    or   quarantine     for   that.   However,     Avian   Flu                                          
has   a  mortality     rate   of  70   percent    and  they   probably     would   try                                          
to   isolate     and   quarantine      because     of   the   significant      public                                           
health risk that type of flu poses.                                                                                             
                                                                                                                                
AMENDMENT 7 CSSB75(    )                                                                                                        
                                                                                                                                
                                                                                                                                
                            A M E N D M E N T                                                                               
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE STATE                           BY _____________________                                                  
                                                                                                                                
       AFFAIRS COMMITTEE                                                                                                        
                                                                                                                                
       TO:  CSSB 75(HES)                                                                                                        
                                                                                                                                
                                                                                                                                
Page 11, line 24:                                                                                                               
                                                                                                                                
       Delete "disease or"                                                                                                      
                                                                                                                                
       Insert "disease that  is a condition of public health                                                                    
                                                                                                                                
       importance"                                                                                                              
                                                                                                                                
                                                                                                                                
Page 11, line 25:                                                                                                               
                                                                                                                                
       Delete "hazardous material"                                                                                              
                                                                                                                                
                                                                                                                                
4:44:06 PM                                                                                                                    
                                                                                                                                
SENATOR    ELTON    commented     this   is  the   area   in  which    an  exception                                            
for   religious     purposes     was   considered     and    this   proposal     would                                          
make   it   possible    for   any   individual     to  refuse    treatment     and   be                                         
placed    in  quarantine     instead.    He  questioned     whether    a  new  fiscal                                           
note   would    be  needed    because    living    in   quarantine     or  isolation                                            
might   be  costly    and  not   all  individuals      would   be  able   to  pay  for                                          
themselves.                                                                                                                     
                                                                                                                                
DR.    MANDSAGER       replied      instances       in    which     isolation      and                                          
quarantine     are   indicated     occur    about   once    in  ten   years    so  the                                          
department doesn't anticipate much increased cost.                                                                              
                                                                                                                                
4:46:26 PM                                                                                                                    
                                                                                                                                
DR.   MANDSAGER      said   the    language     change    on   page    11,   line    25                                         
proposed    in   Amendment    7  also   came   about    after   the   Department     of                                         
Law   questioned     what   "hazardous     material"     might   mean.    Because    of                                         
the   ambiguous     meaning,    DHSS   elected     to  drop   that    reference    and                                          
keep   isolation      and   quarantine     authority      limited    to   contagious                                            
and   possibly     contagious      diseases,     which    is  in   line    with   most                                          
other states.                                                                                                                   
                                                                                                                                
SENATOR    ELTON    asked    about   medical    waste    that   might    need   to   be                                         
controlled.                                                                                                                     
                                                                                                                                
DR. MANDSAGER thought it would be covered.                                                                                      
                                                                                                                                
CHAIR THERRIAULT asked about proposed Amendment 8.                                                                              
                                                                                                                                
DR.   MANDSAGER      explained     it   is   proposed     to   keep   the    language                                           
consistent     with   the  rest   of  the   bill   and  goes   back   to  the  phrase                                           
"significant risk to the public health."                                                                                        
                                                                                                                                
AMENDMENT 8  --- CSSB75 (     )                                                                                                 
                                                                                                                                
                                                                                                                                
                            A M E N D M E N T                                                                               
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE STATE                           BY _____________________                                                  
                                                                                                                                
       AFFAIRS COMMITTEE                                                                                                        
                                                                                                                                
       TO:  CSSB 75(HES)                                                                                                        
                                                                                                                                
                                                                                                                                
Page 14, line 16:                                                                                                               
                                                                                                                                
       Delete "substantial"                                                                                                     
                                                                                                                                
       Insert "significant"                                                                                                     
                                                                                                                                
                                                                                                                                
Page 14, line 31:                                                                                                               
                                                                                                                                
       Delete "substantial"                                                                                                     
                                                                                                                                
       Insert "significant"                                                                                                     
                                                                                                                                
                                                                                                                                
4:50:41 PM                                                                                                                    
                                                                                                                                
CHAIR   THERRIAULT     reported     that   the   court   rule   changes    were   just                                          
received.     They   are   largely    technical     and   would    possibly    become                                           
proposed     Amendment     10.   He   asked    Dr.   Mandsager      if  he   had   any                                          
additional information.                                                                                                         
                                                                                                                                
DR.     MANDSAGER      replied      the     aforementioned        summarizes       the                                          
proposals     that  came   from   the   committee    during    the  first    hearing,                                           
but   doesn't    go   as   far   as  the   ACLU    suggested.     "We   think    these                                          
suggestions      are  reasonable      limitations     and   that   we   can   do  what                                          
is    necessary."      He    said    he   was    interested       in   whether     the                                          
committee views this as an appropriate balance point.                                                                           
                                                                                                                                
CHAIR   THERRIAULT     asked   if   the  House   Judiciary     would   be  presented                                            
with the same packet.                                                                                                           
                                                                                                                                
DR. MANDSAGER said that's correct.                                                                                              
                                                                                                                                
SENATOR    ELTON   remarked    he   doesn't   like   the   notion   that   the   state                                          
could    access    his   medical     records     in   a  way   that    he   could    be                                         
identified     as   an   individual     for   the   sake    of   some   study.    With                                          
suggested      Amendment      9   that    could     happen,     and    that    is    an                                         
unacceptable intrusion, he asserted.                                                                                            
                                                                                                                                
DR.   MANDSAGER    asked    Senator    Elton   whether    he  is   bothered    by  the                                          
idea    of   someone    looking     at   his   personal     records     without    his                                          
knowledge even if the information isn't linked to his name.                                                                     
                                                                                                                                
SENATOR     ELTON    replied     his   concern     stems    from    the   increasing                                            
number of ways that personal information can be stolen and used.                                                                
                                                                                                                                
There were no further questions.                                                                                                
                                                                                                                                
CHAIR   THERRIAULT     announced     he  would    hold   SB  75  in   committee    and                                          
watch what happens in the House Judiciary Committee.                                                                            

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