Legislature(2001 - 2002)

04/25/2002 03:03 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                                                                         
                       STANDING COMMITTEE                                                                                     
                         April 25, 2002                                                                                         
                           3:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Fred Dyson, Chair                                                                                                
Representative Peggy Wilson, Vice Chair                                                                                         
Representative John Coghill                                                                                                     
Representative Gary Stevens                                                                                                     
Representative Vic Kohring                                                                                                      
Representative Sharon Cissna                                                                                                    
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Andrew Halcro                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 302(JUD)                                                                                                 
"An Act  defining the term  'mental health professional'  for the                                                               
purpose of statutes  relating to the evaluation  of prisoners who                                                               
may need psychological or psychiatric  treatment, for the purpose                                                               
of statutes  relating to  the evaluation of  children in  need of                                                               
aid  and delinquent  minors  who may  need to  be  confined in  a                                                               
secure residential psychiatric treatment  center or who should be                                                               
released  from  such  a  center,  for  the  purpose  of  statutes                                                               
requiring certain professionals to  report the possibility that a                                                               
vulnerable  adult  has been  abused  or  neglected, and  for  the                                                               
purpose   of   statutes   relating   to   mental   health   civil                                                               
commitments."                                                                                                                   
                                                                                                                                
     - MOVED HCS CSSB 302(HES) OUT OF COMMITTEE                                                                                 
                                                                                                                                
SENATE BILL NO. 295                                                                                                             
"An  Act  relating to  the  disclosure  of information  regarding                                                               
delinquent minors  to certain  licensing agencies;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED SB 295 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 522                                                                                                              
"An Act  relating to  medical services  under the  state Medicaid                                                               
program."                                                                                                                       
                                                                                                                                
     - MOVED HB 522 OUT OF COMMITTEE                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 182(FIN)                                                                                                 
"An  Act requiring  reductions in  payments to  individuals under                                                               
certain benefit programs if appropriations  are not sufficient to                                                               
fully fund the statutorily established levels of payments."                                                                     
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 505                                                                                                              
"An Act  defining the term  'mental health professional'  for the                                                               
purpose of statutes  relating to the evaluation  of prisoners who                                                               
may need psychological or psychiatric  treatment, for the purpose                                                               
of statutes  relating to  the evaluation of  children in  need of                                                               
aid  and delinquent  minors  who may  need to  be  confined in  a                                                               
secure residential psychiatric treatment  center or who should be                                                               
released  from  such  a  center,  for  the  purpose  of  statutes                                                               
requiring certain professionals to  report the possibility that a                                                               
vulnerable  adult  has been  abused  or  neglected, and  for  the                                                               
purpose   of   statutes   relating   to   mental   health   civil                                                               
commitments."                                                                                                                   
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: SB 302                                                                                                                    
SHORT TITLE:DEFINITION OF MENTAL HEALTH PROFESSIONAL                                                                            
SPONSOR(S): SENATOR(S) WILKEN                                                                                                   
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/19/02     2231       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/19/02     2231       (S)        HES, JUD                                                                                     
03/04/02                (S)        HES AT 1:30 PM BUTROVICH 205                                                                 
03/04/02                (S)        Moved SB 302 Out of Committee                                                                
03/04/02                (S)        MINUTE(HES)                                                                                  
03/06/02     2384       (S)        HES RPT 4DP 1NR                                                                              
03/06/02     2384       (S)        DP: GREEN, WILKEN, LEMAN,                                                                    
                                   DAVIS;                                                                                       
03/06/02     2384       (S)        NR: WARD                                                                                     
03/06/02     2384       (S)        FN1: ZERO(HSS)                                                                               
03/22/02                (S)        JUD AT 1:30 PM BELTZ 211                                                                     
03/22/02                (S)        -- Meeting Canceled --                                                                       
04/10/02                (S)        JUD AT 1:30 PM BELTZ 211                                                                     
04/10/02                (S)        Moved CS(JUD) Out of                                                                         
                                   Committee                                                                                    
04/10/02                (S)        MINUTE(JUD)                                                                                  
04/11/02     2729       (S)        JUD RPT CS 2DP 2NR SAME TITLE                                                                
04/11/02     2730       (S)        DP: TAYLOR, COWDERY;                                                                         
04/11/02     2730       (S)        NR: ELLIS, THERRIAULT                                                                        
04/11/02     2730       (S)        FN1: ZERO(HSS)                                                                               
04/16/02                (S)        RLS AT 10:30 AM FAHRENKAMP                                                                   
                                   203                                                                                          
04/16/02                (S)        MINUTE(RLS)                                                                                  
04/17/02     2807       (S)        RULES TO CALENDAR 4/17/02                                                                    
04/17/02     2810       (S)        READ THE SECOND TIME                                                                         
04/17/02     2810       (S)        JUD CS ADOPTED UNAN CONSENT                                                                  
04/17/02     2810       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
04/17/02     2811       (S)        READ THE THIRD TIME CSSB
                                   302(JUD)                                                                                     
04/17/02     2811       (S)        PASSED Y19 N- E1                                                                             
04/17/02     2814       (S)        TRANSMITTED TO (H)                                                                           
04/17/02     2814       (S)        VERSION: CSSB 302(JUD)                                                                       
04/18/02     2996       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/18/02     2996       (H)        HES                                                                                          
04/25/02                (H)        HES AT 3:00 PM CAPITOL 106                                                                   
                                                                                                                                
BILL: SB 295                                                                                                                  
SHORT TITLE:LICENSING:DISCLOSURE OF MINORS' RECORDS                                                                             
SPONSOR(S): SENATOR(S) KELLY                                                                                                    
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/13/02     2183       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/13/02     2183       (S)        HES, JUD                                                                                     
03/04/02                (S)        HES AT 1:30 PM BUTROVICH 205                                                                 
03/04/02                (S)        Moved SB 295 Out of Committee                                                                
03/04/02                (S)        MINUTE(HES)                                                                                  
03/06/02     2384       (S)        HES RPT 5DP                                                                                  
03/06/02     2384       (S)        DP: GREEN, WILKEN, LEMAN,                                                                    
                                   DAVIS, WARD                                                                                  
03/06/02     2384       (S)        FN1: ZERO(HSS)                                                                               
03/22/02                (S)        JUD AT 1:30 PM BELTZ 211                                                                     
03/22/02                (S)        -- Meeting Canceled --                                                                       
04/10/02                (S)        JUD AT 1:30 PM BELTZ 211                                                                     
04/10/02                (S)        Moved Out of Committee                                                                       
04/10/02                (S)        MINUTE(JUD)                                                                                  
04/11/02     2729       (S)        JUD RPT 5DP                                                                                  
04/11/02     2729       (S)        DP: TAYLOR, COWDERY, ELLIS,                                                                  
                                   THERRIAULT,                                                                                  
04/11/02     2729       (S)        DONLEY                                                                                       
04/11/02     2729       (S)        FN1: ZERO(HSS)                                                                               
04/16/02                (S)        RLS AT 10:30 AM FAHRENKAMP                                                                   
                                   203                                                                                          
04/16/02                (S)        MINUTE(RLS)                                                                                  
04/17/02     2807       (S)        RULES TO CALENDAR 4/17/02                                                                    
04/17/02     2809       (S)        READ THE SECOND TIME                                                                         
04/17/02     2809       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
04/17/02     2809       (S)        READ THE THIRD TIME SB 295                                                                   
04/17/02     2809       (S)        COSPONSOR(S): HALFORD, LEMAN,                                                                
                                   COWDERY,                                                                                     
04/17/02     2809       (S)        AUSTERMAN                                                                                    
04/17/02     2810       (S)        PASSED Y19 N- E1                                                                             
04/17/02     2810       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
04/17/02     2814       (S)        TRANSMITTED TO (H)                                                                           
04/17/02     2814       (S)        VERSION: SB 295                                                                              
04/18/02     2996       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/18/02     2996       (H)        HES, JUD                                                                                     
04/25/02                (H)        HES AT 3:00 PM CAPITOL 106                                                                   
                                                                                                                                
BILL: HB 522                                                                                                                  
SHORT TITLE:MEDICAID PAYMENTS FOR ABORTION                                                                                      
SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                                                                                 
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/18/02     3006       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/18/02     3006       (H)        HES, JUD, FIN                                                                                
04/23/02                (H)        HES AT 3:00 PM CAPITOL 106                                                                   
04/23/02                (H)        Heard & Held                                                                                 
04/23/02                (H)        MINUTE(HES)                                                                                  
04/25/02                (H)        HES AT 3:00 PM CAPITOL 106                                                                   
                                                                                                                                
BILL: SB 182                                                                                                                  
SHORT TITLE:PRO RATA REDUCTIONS IN BENEFIT PROGRAMS                                                                             
SPONSOR(S): FINANCE                                                                                                             
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/09/01     1014       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/09/01     1014       (S)        FIN                                                                                          
03/01/02                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
03/01/02                (S)        Heard & Held                                                                                 
03/01/02                (S)        MINUTE(FIN)                                                                                  
03/20/02                (S)        FIN AT 9:30 AM SENATE FINANCE                                                                
                                   532                                                                                          
03/20/02                (S)        Moved CSSB 182(FIN) Out of                                                                   
                                   Committee                                                                                    
03/22/02     2490       (S)        FIN RPT CS 4DP 3NR SAME TITLE                                                                
03/22/02     2490       (S)        DP: DONLEY, GREEN, LEMAN,                                                                    
                                   WARD;                                                                                        
03/22/02     2490       (S)        NR: KELLY, AUSTERMAN, WILKEN                                                                 
03/27/02     2533       (S)        FN1: INDETERMINATE(GOV/ALL                                                                   
                                   DEPTS)                                                                                       
03/27/02     2533       (S)        FN2: INDETERMINATE(HSS)                                                                      
03/27/02     2533       (S)        FN3: INDETERMINATE(HSS)                                                                      
03/27/02     2533       (S)        FN4: INDETERMINATE(HSS)                                                                      
03/27/02     2533       (S)        FN5: INDETERMINATE(HSS)                                                                      
03/27/02     2533       (S)        FN6: INDETERMINATE(HSS)                                                                      
03/27/02     2533       (S)        FN7: INDETERMINATE(HSS)                                                                      
03/27/02     2533       (S)        FN8: INDETERMINATE(HSS)                                                                      
03/28/02                (S)        RLS AT 8:30 AM FAHRENKAMP 203                                                                
03/28/02                (S)        -- Time Change --                                                                            
03/28/02                (S)        MINUTE(RLS)                                                                                  
04/02/02     2586       (S)        RULES TO CALENDAR 1OR 4/2/02                                                                 
04/02/02     2587       (S)        READ THE SECOND TIME                                                                         
04/02/02     2588       (S)        FIN CS ADOPTED UNAN CONSENT                                                                  
04/02/02     2588       (S)        ADVANCE TO 3RD READING FLD                                                                   
                                   Y13 N4 E2 A1                                                                                 
04/02/02     2588       (S)        ADVANCED TO THIRD READING 4/3                                                                
                                   CALENDAR                                                                                     
04/03/02     2616       (S)        READ THE THIRD TIME CSSB
                                   182(FIN)                                                                                     
04/03/02     2616       (S)        PASSED Y13 N6 E1                                                                             
04/03/02     2616       (S)        ELLIS NOTICE OF                                                                              
                                   RECONSIDERATION                                                                              
04/04/02     2635       (S)        RECONSIDERATION NOT TAKEN UP                                                                 
04/04/02     2636       (S)        TRANSMITTED TO (H)                                                                           
04/04/02     2636       (S)        VERSION: CSSB 182(FIN)                                                                       
04/05/02     2813       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/05/02     2813       (H)        HES, FIN                                                                                     
04/05/02     2813       (H)        REFERRED TO HES                                                                              
04/23/02                (H)        HES AT 3:00 PM CAPITOL 106                                                                   
04/23/02                (H)        Heard & Held                                                                                 
04/23/02                (H)        MINUTE(HES)                                                                                  
04/25/02                (H)        HES AT 3:00 PM CAPITOL 106                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR GARY WILKEN                                                                                                             
Alaska State Legislature                                                                                                        
Capitol Building, Room 514                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:   Presented SB 302 as sponsor and explained                                                                 
changes in the committee substitute.                                                                                            
                                                                                                                                
ANNE HENRY, Special Projects Coordinator                                                                                        
Central Office                                                                                                                  
Division of Mental Health & Developmental Disabilities                                                                          
Department of Health & Social Services                                                                                          
PO Box 110620                                                                                                                   
Juneau, Alaska  99811-0620                                                                                                      
POSITION STATEMENT:  Answered questions on SB 302.                                                                              
                                                                                                                                
STACIE KRALY, Assistant Attorney General                                                                                        
Human Services Section                                                                                                          
Civil Division (Juneau)                                                                                                         
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, Alaska  99811-0300                                                                                                      
POSITION STATEMENT:  Answered questions on SB 302.                                                                              
                                                                                                                                
WENDY HALL, Staff                                                                                                               
to Senator Pete Kelly                                                                                                           
Alaska State Legislature                                                                                                        
Capitol Building, Room 518                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Presented SB 295 on behalf of the sponsor.                                                                 
                                                                                                                                
ROBERT BUTTCANE, Legislative & Administrative Liaison                                                                           
Division of Juvenile Justice                                                                                                    
Department of Health & Social Services                                                                                          
PO Box 110635                                                                                                                   
Juneau, Alaska  99811-0635                                                                                                      
POSITION STATEMENT:  Answered questions on SB 295.                                                                              
                                                                                                                                
JOHN MIDDAUGH, MD, Chief                                                                                                        
Epidemiology Section                                                                                                            
Division of Public Health                                                                                                       
Department of Health & Social Services                                                                                          
PO Box 240249                                                                                                                   
Anchorage, Alaska  99524-0249                                                                                                   
POSITION STATEMENT:  Testified against HB 522.                                                                                  
                                                                                                                                
DEATRICH SITCHLER                                                                                                               
520 Glacier Bay Circle                                                                                                          
Anchorage, Alaska 99508                                                                                                         
POSITION STATEMENT:  Testified against HB 522.                                                                                  
                                                                                                                                
JENNIFER RUDINGER, Executive Director                                                                                           
Alaska Civil Liberties Union (ACLU)                                                                                             
PO Box 201844                                                                                                                   
Anchorage, Alaska 99520                                                                                                         
POSITION STATEMENT:  Testified against HB 522.                                                                                  
                                                                                                                                
DR. KATHLEEN TODD                                                                                                               
Obstetrician/Gynecologist                                                                                                       
Valdez Medical Clinic                                                                                                           
PO Box 1829                                                                                                                     
Valdez, Alaska  99686                                                                                                           
POSITION STATEMENT:  Her testimony opposing HB 522 was read via                                                                 
teleconference by Robin Smith.                                                                                                  
                                                                                                                                
PAULINE UTTER                                                                                                                   
13820 Jarvi Drive                                                                                                               
Anchorage, Alaska  99515                                                                                                        
POSITION STATEMENT:  Testified against HB 522.                                                                                  
                                                                                                                                
WILLIAM CRAIG                                                                                                                   
(No address provided)                                                                                                           
POSITION STATEMENT:  Commented on HB 522.                                                                                       
                                                                                                                                
CHIP WAGONER                                                                                                                    
Alaska Catholic Conference                                                                                                      
3294 Pioneer Avenue                                                                                                             
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified in support of HB 522.                                                                            
                                                                                                                                
KATHLEEN STEVENSON                                                                                                              
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified in support of HB 522.                                                                            
                                                                                                                                
ANNA FRANK, Executive Director                                                                                                  
Planned Parenthood of Alaska                                                                                                    
9300 Arlene                                                                                                                     
Anchorage, Alaska 99515                                                                                                         
POSITION STATEMENT:  Testified on HB 522.                                                                                       
                                                                                                                                
JASON HOOLEY                                                                                                                    
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified in support of HB 522.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-37, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR FRED  DYSON called the  House Health, Education  and Social                                                               
Services  Standing  Committee  meeting  to  order  at  3:03  p.m.                                                               
Representatives  Dyson,  Coghill,  Stevens, Kohring,  and  Cissna                                                               
were present  at the call  to order.  Representatives  Wilson and                                                               
Joule arrived as the meeting was in progress.                                                                                   
                                                                                                                                
SB 302 - DEFINITION OF MENTAL HEALTH PROFESSIONAL                                                                             
                                                                                                                                
CHAIR DYSON announced  that the first order of  business would be                                                               
CS  FOR SENATE  BILL  NO.  302(JUD), "An  Act  defining the  term                                                               
'mental  health   professional'  for  the  purpose   of  statutes                                                               
relating   to  the   evaluation   of  prisoners   who  may   need                                                               
psychological  or  psychiatric  treatment,  for  the  purpose  of                                                               
statutes relating  to the evaluation  of children in need  of aid                                                               
and delinquent  minors who may  need to  be confined in  a secure                                                               
residential  psychiatric  treatment  center   or  who  should  be                                                               
released  from  such  a  center,  for  the  purpose  of  statutes                                                               
requiring certain professionals to  report the possibility that a                                                               
vulnerable  adult  has been  abused  or  neglected, and  for  the                                                               
purpose   of   statutes   relating   to   mental   health   civil                                                               
commitments."                                                                                                                   
                                                                                                                                
The committee took an at-ease from 3:05 p.m. to 3:06 p.m.                                                                       
                                                                                                                                
Number 0052                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON  made  a  motion  to  adopt  the  proposed                                                               
committee  substitute  (CS)  for  SB  302,  version  22-LS1410\O,                                                               
Lauterbach, 4/23/02, as a work  draft.  There being no objection,                                                               
Version O was before the committee.                                                                                             
                                                                                                                                
SENATOR   GARY  WILKEN,   Alaska   State  Legislature,   sponsor,                                                               
explained  the changes  in  the CS.   The  House  CS deleted  the                                                               
following:     "(C)  has  submitted   an  application   form  and                                                               
application  fee  for   licensure  by  a  board   named  in  this                                                               
paragraph;" which  in the original bill  is page 2, lines  14 and                                                               
15.                                                                                                                             
                                                                                                                                
Number 0127                                                                                                                     
                                                                                                                                
SENATOR WILKEN read the following sponsor statement:                                                                            
                                                                                                                                
     Committee  Substitute for  Senate  Bill 302  recognizes                                                                    
     the  growth in  the clinical  mental health  profession                                                                    
     and   broadens   the   "mental   health   professional"                                                                    
     definition to  include (1)  a licensed  clinical social                                                                    
     worker, (2)  a licensed  marital and  family therapist,                                                                    
     and  (3)  a  licensed   professional  counselor.    The                                                                    
     current  Title  [47]  definition was  written  in  1981                                                                    
     prior  to passage  of  Alaska's licensing  requirements                                                                    
     governing these master level mental health clinicians.                                                                     
                                                                                                                                
SENATOR WILKEN referred the committee  to the handout, Comparison                                                               
Chart for  Mental Health  Disciplines covered under  SB 302.   He                                                               
explained   that  the   first  two   columns,  Psychologist   and                                                               
Psychiatrist Associate, are current  law; the next three columns,                                                               
the  Clinical Social  Worker, the  Marital and  Family Therapist,                                                               
and Licensed  Professional Counselor, are  added in SB 302  to do                                                               
the work  of the  first two  columns.   He continued  reading the                                                               
sponsor statement:                                                                                                              
                                                                                                                                
     A more inclusive  mental health professional definition                                                                    
     increases  the  capacity   of  Alaska's  mental  health                                                                    
     system  to  protect  our  youth   and  adults  who  are                                                                    
     experiencing   acute   psychiatric    crisis   in   our                                                                    
     communities.     Today,   not   enough  mental   health                                                                    
     professionals   are   authorized  under   the   current                                                                    
     definition to  respond to  some critical  public safety                                                                    
     situations,  particularly in  rural  Alaska.   And  yet                                                                    
     there are  hundreds of  licensed professionals  who are                                                                    
     qualified to  aid these Alaskans,  but cannot,  as they                                                                    
     do  not fall  under the  current statutory  definition.                                                                    
     Senate  Bill 302  recognizes this  problem and  updates                                                                    
     the Title 47 definition.                                                                                                   
                                                                                                                                
     The expanded  "mental health  professional" definition,                                                                    
     as stated in  Senate Bill 302, increases  the number of                                                                    
     trained  professionals  who will  be:    1) Allowed  to                                                                    
     provide  mental  health  treatment  for  prisoners;  2)                                                                    
     Authorized to  evaluate children and minors  in custody                                                                    
     to   determine  placement   in  residential   treatment                                                                    
     centers;  3) Required  to report  incidents of  harm to                                                                    
     vulnerable   adults;  4)   Allowed  to   conduct  civil                                                                    
     commitment evaluations.                                                                                                    
                                                                                                                                
SENATOR WILKEN commended the bill to the committee.                                                                             
                                                                                                                                
Number 0313                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  asked  whether  the  federal  government                                                               
employees would  have to  be licensed  in the  state the  same as                                                               
physicians and psychiatrists.                                                                                                   
                                                                                                                                
Number 0350                                                                                                                     
                                                                                                                                
ANNE  HENRY,   Special  Projects  Coordinator,   Central  Office,                                                               
Division   of  Mental   Health   &  Developmental   Disabilities,                                                               
Department of Health  & Social Services, came  forward to respond                                                               
to questions.   In response to Representative  Coghill, Ms. Henry                                                               
recalled that  the bill allows  for people who are  working under                                                               
contract with  the federal government  to not be licensed  in the                                                               
state  because they  travel around  from  place to  place in  the                                                               
military or something like that.                                                                                                
                                                                                                                                
Number 0378                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL asked  Ms. Henry if those  people would be                                                               
able to do the civil commitments under this law.                                                                                
                                                                                                                                
MS. HENRY  answered that they would  be allowed to do  that as an                                                               
emergency services employee in a community mental health center.                                                                
                                                                                                                                
REPRESENTATIVE  COGHILL  wondered  if  those  people  would  have                                                               
comparable  qualifications or  is  there reason  to believe  that                                                               
there would be people without those qualifications.                                                                             
                                                                                                                                
MS. HENRY responded  that a psychiatrist or  medical doctor would                                                               
qualify.                                                                                                                        
                                                                                                                                
The committee took an at-ease from 3:12 p.m. to 3:13 p.m.                                                                       
                                                                                                                                
CHAIR DYSON  commented that in  addition to qualifying  people to                                                               
provide  these other  services, a  number of  insurance companies                                                               
don't allow third party payments  unless the person has a license                                                               
that is  recognized by the  State.   Some of the  folks providing                                                               
these services will  get additional access to  third party payers                                                               
as a result of this action.                                                                                                     
                                                                                                                                
MS. HENRY  responded that  the only  licensed profession  that is                                                               
not  recognized  by  insurance  companies at  this  time  is  the                                                               
licensed  professional counselors.   She  said her  understanding                                                               
was  that they  had  to  go through  the  legislature to  receive                                                               
parity for that, and this would not be the same thing.                                                                          
                                                                                                                                
REPRESENTATIVE  JOULE moved  to  report the  proposed  CS out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL said  he had  another question  before he                                                               
was ready to vote on the  bill.  He reiterated his question about                                                               
the qualifications of the federal government employee.                                                                          
                                                                                                                                
Number 0750                                                                                                                     
                                                                                                                                
STACIE   KRALY,  Assistant   Attorney  General,   Human  Services                                                               
Section,  Civil Division  (Juneau), Department  of Law,  answered                                                               
that she  understands that  the way  the legislation  is drafted,                                                               
the federal employee provision only  applies to a psychiatrist or                                                               
a  physician, and  they would  have  to have  the same  licensure                                                               
requirements  as a  physician  or psychiatrist  in  the State  of                                                               
Alaska.  It would not  apply to the additional individuals listed                                                               
in the statute and the ones this bill would now include.                                                                        
                                                                                                                                
CHAIR DYSON asked if there was  any objection to moving the bill.                                                               
There being no  objection, HCS CSSB 302(HES) was  reported out of                                                               
the  House   Health,  Education  and  Social   Services  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
SB 295 - LICENSING:DISCLOSURE OF MINORS' RECORDS                                                                              
                                                                                                                                
CHAIR DYSON  announced that the  next order of business  would be                                                               
SENATE  BILL NO.  295,  "An  Act relating  to  the disclosure  of                                                               
information  regarding  delinquent  minors to  certain  licensing                                                               
agencies; and providing for an effective date."                                                                                 
                                                                                                                                
Number 0875                                                                                                                     
                                                                                                                                
WENDY   HALL,  Staff   to  Senator   Pete  Kelly,   Alaska  State                                                               
Legislature,  presented  the bill  on  behalf  of Senator  Kelly,                                                               
sponsor.   She told the committee  that SB 295 was  introduced as                                                               
an attempt to help facilitate  state licensing agencies to ensure                                                               
quality care and safety concerns  are met for all care facilities                                                               
and  programs within  the state.   Currently,  people age  16 and                                                               
older  have  their  background researched  if  they  are  seeking                                                               
employment for  a care  license or  with a  care provider  or are                                                               
residing  in  a home  with  a  care provider  seeking  licensure.                                                               
However, information  for individuals  age 16  or younger  is not                                                               
readily  released to  licensing  agencies.   That information  is                                                               
only accessible  through the Division  of Juvenile Justice.   Its                                                               
hands are somewhat  tied in the fact it can  only release certain                                                               
information  in   certain  circumstances  to   certain  licensing                                                               
agencies.  A woman could apply  for a day care license to provide                                                               
care out  of her  home and  could have a  14-year old  son living                                                               
there who is a convicted  child molester.  The licensing agencies                                                               
would  have  no knowledge  about  this  and  would give  her  the                                                               
license.   She said that  children and adults  could be put  in a                                                               
situation with an offender in the home.                                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL  asked if  this bill passes,  will someone                                                               
go back and look at people who have licenses now.                                                                               
                                                                                                                                
MS. HALL answered no.                                                                                                           
                                                                                                                                
Number 0995                                                                                                                     
                                                                                                                                
ROBERT BUTTCANE,  Legislative & Administrative  Liaison, Division                                                               
of  Juvenile Justice,  Department  of Health  & Social  Services,                                                               
came forward  to testify.  He  expressed support for SB  295.  He                                                               
told  the  committee that  over  the  years the  legislature  has                                                               
enacted  a number  of licensing  bills  requiring care  licensing                                                               
authorities  to  do background  checks  on  people 16  years  and                                                               
older.   The  current delinquency  statute governing  delinquency                                                               
records  isn't entirely  sufficient to  be able  to release  that                                                               
information.                                                                                                                    
                                                                                                                                
MR. BUTTCANE  described a situation in  which a woman asks  for a                                                               
daycare license  in her own family  home, and she has  a 17-year-                                                               
old boy who lives in the  home.  Currently, the statute says that                                                               
the division can  release the delinquency information  if the 17-                                                               
year  old is  going to  be an  employee of  the woman.   Although                                                               
there may not be a clear intent  that the 17-year old is going to                                                               
be employed by  this woman in this daycare business,  there is an                                                               
inferred employee  relationship in  that if mom  runs out  to the                                                               
store, she will leave the 17-year  old in charge of the children.                                                               
Therefore, there  is a quasi-employee relationship  and thus that                                                               
information on the  17-year old is provided to  the Department of                                                               
Education &  Early Development.   This legislation would  make it                                                               
very explicit  that the  division actually  has the  authority to                                                               
provide relevant  delinquency information to childcare  and adult                                                               
care licensing entities.                                                                                                        
                                                                                                                                
MR. BUTTCANE  told the committee that  this fixes a problem.   He                                                               
acknowledged there  has not been  a problem, but he  doesn't want                                                               
to have  a situation where  information has been withheld  from a                                                               
licensing agency  that really  is necessary  to make  an informed                                                               
decision about the safety of care providers.                                                                                    
                                                                                                                                
Number 1106                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  referred to  page 2, lines  27 to  29 and                                                               
asked what  "another jurisdiction  that has the  authority" might                                                               
be.                                                                                                                             
                                                                                                                                
MR.  BUTTCANE  replied  that sometimes  licensing  functions  are                                                               
delegated to  Native entities or  municipalities.  While  they do                                                               
not have  the ultimate licensing  authority, some of the  work to                                                               
gather information  on licensing  issues is delegated  to another                                                               
entity.  This would allow them  on behalf of the agency that does                                                               
have licensing authority to gather that information.                                                                            
                                                                                                                                
Number 1152                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  wondered if the same  safeguards would be                                                               
followed as far as access to the information.                                                                                   
                                                                                                                                
MR. BUTTCANE answered, yes, there  are specific guidelines on how                                                               
to use that  information and who has access to  it.  He explained                                                               
that it  is delineated in  the policies  and practices as  to how                                                               
that information is transmitted and used.                                                                                       
                                                                                                                                
REPRESENTATIVE COGHILL asked about someone losing the license.                                                                  
                                                                                                                                
MR.  BUTTCANE  replied that  this  bill  specifically allows  the                                                               
division to  give information to  the licensing entity,  and then                                                               
it's  the licensing  entity that  makes the  decisions about  the                                                               
suitability  of the  applicant or  whether to  license the  home.                                                               
There are  a number of regulations  that guide that as  to when a                                                               
license can be  issued or when it should be  suspended because of                                                               
adverse information that's determined.   This bill speaks only to                                                               
the authority that  the division has to  provide that information                                                               
to the  licensing entity.   What the  licensing entity  does with                                                               
that  information is  covered in  other sections  of the  law, he                                                               
said.                                                                                                                           
                                                                                                                                
Number 1244                                                                                                                     
                                                                                                                                
CHAIR DYSON  commented that his  research says that  a disturbing                                                               
number  of  perpetrators  of  sexual   assault  on  children  are                                                               
juveniles, including some who have profound disabilities.                                                                       
                                                                                                                                
Number 1267                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  moved to  report SB  295 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  SB 295 was reported out of the                                                               
House Health, Education and Social Services Standing Committee.                                                                 
The committee took an at-ease from 3:27 p.m. to 3:28 p.m.                                                                       
                                                                                                                                
HB 522 - MEDICAID PAYMENTS FOR ABORTION                                                                                       
                                                                                                                                
Number 1350                                                                                                                     
                                                                                                                                
JOHN  MIDDAUGH,  MD,  Chief, Epidemiology  Section,  Division  of                                                               
Public Health, Department of Health  & Social Services, testified                                                               
via  teleconference.   He told  the  committee that  he is  board                                                               
certified in  internal medicine and  preventive medicine  and has                                                               
practiced  in  Alaska  since  1975.     He  has  been  the  state                                                               
epidemiologist since  1980.  He  expressed opposition to  HB 522.                                                               
He gave the following testimony:                                                                                                
                                                                                                                                
     My  comments  are  meant  to  convey  concerns  from  a                                                                    
     physician's point  of view related  to the  practice of                                                                    
     medicine  and  the  difficulty of  applying  the  legal                                                                    
     language being proposed in  this legislation within the                                                                    
     context  of the  physician/patient  relationship.   The                                                                    
     practice of  medicine has as  its basis  special duties                                                                    
     and  relationships   between  the  physician   and  the                                                                    
     patient.                                                                                                                   
                                                                                                                                
     The  proposed  legislation  contains language  that  is                                                                    
     very  difficult to  interpret within  the context  of a                                                                    
     doctor/patient  relationship.     The  bill   does  not                                                                    
     recognize the  necessity for respecting  the uniqueness                                                                    
     of each  patient as  a standard  for the  physician and                                                                    
     patient  together   in  consultation  based   upon  the                                                                    
     patient's  particular circumstances  to  arrive at  the                                                                    
     best course of medical treatment.                                                                                          
                                                                                                                                
Number 1400                                                                                                                     
                                                                                                                                
     In the  absence of  clear understanding of  the meaning                                                                    
     of  the language  in the  proposed legislation  and its                                                                    
     interpretation, physicians  may have great  problems in                                                                    
     signing    the   certifications    required   by    the                                                                    
     legislation,  not  because  of  any  concern  over  the                                                                    
     medical  necessity   of  the  procedure,  but   due  to                                                                    
     uncertainty  over   the  vagueness  of   the  language.                                                                    
     Problems with  the proposed  language that  attempts to                                                                    
     restrict  the   definition  of   'medically  necessary'                                                                    
     involve  terms that  are  not  defined, and  ultimately                                                                    
     would have  to be interpreted  in order to  enforce the                                                                    
     statute.  But who would  make the decision and based on                                                                    
     what?                                                                                                                      
                                                                                                                                
     In  the  absence  of  knowledge   of  the  legally  and                                                                    
     ethically confidential  intimate disclosures  between a                                                                    
     patient and  physician, how can  a third  party without                                                                    
     knowledge of  the facts determine if  the circumstances                                                                    
     'seriously  endanger  the  physical  health'  or  if  a                                                                    
     'serious   adverse   physical   condition'   would   be                                                                    
     significantly aggravated.                                                                                                  
                                                                                                                                
Number 1456                                                                                                                     
                                                                                                                                
     Because the  practice of medicine encompasses  a myriad                                                                    
     of   decisions  based   upon   circumstances  of   each                                                                    
     individual  patient, there's  a  need  for judgment  in                                                                    
     arriving at the decision  that a procedure is medically                                                                    
     necessary.    The  qualifying  terms  proposed  in  the                                                                    
     legislation are  not objective and  do not  reflect the                                                                    
     medical standards of practice or interpretation.                                                                           
                                                                                                                                
     Consider one example:   Seriously endanger the physical                                                                    
     health -  consider the horrible circumstances  in which                                                                    
     a  soldier steps  on a  landmine and  loses both  legs.                                                                    
     Why is it  that in one instance a patient  ends up with                                                                    
     a  totally  devastated  life, becoming  dependent  upon                                                                    
     potent medications and  alcohol and requiring long-term                                                                    
     institutional  care,  while   in  another  instance,  a                                                                    
     person  with  identical  injuries  becomes  a  national                                                                    
     leader,  an advocate  for veterans'  rights and  health                                                                    
     care?  Patients are vastly different.                                                                                      
                                                                                                                                
     The heart of medical practice  is for the physician and                                                                    
     patient  together  to  weigh  all  alternatives,  while                                                                    
     taking into  account the  unique circumstances  for the                                                                    
     patient at  the time.   Another example is  the wording                                                                    
     'psychological illness that  requires medication.'  But                                                                    
     many  serious psychological  illnesses are  not treated                                                                    
     with medication.   Consider the  example of  a pregnant                                                                    
     woman whose  pregnancy precipitates abject  despair and                                                                    
     causes  the   woman  to   become  suicidal.     Medical                                                                    
     treatment   would  not   involve   prescription  of   a                                                                    
     medication,  but under  the proposed  legislation, this                                                                    
     woman would not be eligible for Medicaid coverage.                                                                         
                                                                                                                                
     There  is another  serious  problem  with the  proposed                                                                    
     language  that  may  provide  serious  problems  for  a                                                                    
     physician  and applying  the  legislation to  practice,                                                                    
     and  that's the  use of  the term  'would' in  the bill                                                                    
     instead  of 'could'  or 'might.'   It's  not a  trivial                                                                    
     difference,    because   depending    on   the    legal                                                                    
     interpretation  of   any  of  these   different  words,                                                                    
     rarely, if  ever in  medicine, can  a physician  make a                                                                    
     prediction  with 100  percent accuracy.   Instead,  the                                                                    
     physician's   weighing  probabilities   and  discussing                                                                    
     potential  benefits and  risks with  the patient.   The                                                                    
     standard  of 'would'  implies  a  certainty that  could                                                                    
     almost never be able to be met.                                                                                            
                                                                                                                                
Number 1548                                                                                                                     
                                                                                                                                
     And finally, the bill omits  from Medicaid coverage the                                                                    
     instances  in which  a pregnant  woman bears  an infant                                                                    
     with   horrible  congenital   malformations,  even   if                                                                    
     they're  known to  be incompatible  with  life.   We're                                                                    
     currently facing  in Alaska widespread outbreak  due to                                                                    
     a  virus  (indisc.).   It's  a  known common  cause  of                                                                    
     childhood  disease that  usually when  contracted early                                                                    
     in  childhood is  mild and  self-limited.   Most adults                                                                    
     are  immune,   but  about  30   percent  of   women  in                                                                    
     childbearing  age  remain  susceptible.    If  pregnant                                                                    
     women  become   infected  with  this  virus   during  a                                                                    
     pregnancy,  about 10  percent will  suffer the  loss of                                                                    
     the fetus due to fetal hydrops. ...                                                                                        
                                                                                                                                
     In  conclusion,   there  is   no  science   or  medical                                                                    
     evidence-based    justification   for    the   proposed                                                                    
     legislation.   The  proposed  legislation embodies  the                                                                    
     rejection  of  the  most basic  principles  of  medical                                                                    
     practice and the existing  powerful systems that assure                                                                    
     accountability for  the standards of  medical practice.                                                                    
     As you  value the basic principles  of medical practice                                                                    
     as  an individual,  as a  legislator,  and an  eventual                                                                    
     patient, as a physician, I'm  urging you not to support                                                                    
     the legislation.                                                                                                           
                                                                                                                                
Number 1613                                                                                                                     
                                                                                                                                
CHAIR DYSON said the framers of  this legislation do not want the                                                               
state  financing abortions  simply because  the presence  of that                                                               
unborn child is inconvenient to the  mother.  He wondered how can                                                               
that  innocent life  be protected  from being  disposed of  using                                                               
public funds for capricious reasons.                                                                                            
                                                                                                                                
Number 1656                                                                                                                     
                                                                                                                                
DR. MIDDAUGH replied that there is  a very high standard and high                                                               
bar for  the practice of  medicine today.   He suggested  that if                                                               
the  bill stopped  at  page 1,  line  12, that  would  be a  very                                                               
important  statement  by  the  legislature  compatible  with  the                                                               
standards  of medicine  to  keep  that high  bar  and  to try  to                                                               
mutually achieve those goals.                                                                                                   
                                                                                                                                
CHAIR  DYSON asked  Dr. Middaugh  if the  Hippocratic oath  still                                                               
says, I will do no abortifacients.                                                                                              
                                                                                                                                
DR. MIDDAUGH  answered, yes it  does.   There's also the  Oath of                                                               
Geneva   and   numerous   standards  by   physicians,   including                                                               
statements  by the  American College  of Obstetrics  & Gynecology                                                               
related to the  very issues being talked about  and the standards                                                               
of the physician/patient duties in this area.                                                                                   
                                                                                                                                
Number 1703                                                                                                                     
                                                                                                                                
CHAIR DYSON related that the  gynecologists he's talked to always                                                               
say, Boy, when I'm dealing with  a pregnant woman, I just realize                                                               
I have  two patients, and I  have a responsibility to  look after                                                               
the health of both.  He asked  if Dr. Middaugh thought that was a                                                               
commonly held position by gynecologists.                                                                                        
                                                                                                                                
DR.  MIDDAUGH   replied  that  he   wasn't  an   obstetrician  or                                                               
gynecologist,  but  he believes  that  the  practice of  medicine                                                               
involves very  serious and weighty deliberations  with a patient,                                                               
taking into account  all the circumstances of  that instance, and                                                               
with  clinical  judgment  and  the  patient's  informed  consent,                                                               
arriving  at the  best  medically  and therapeutically  indicated                                                               
course of action given those circumstances.                                                                                     
                                                                                                                                
CHAIR DYSON wondered if it  would be the best medically indicated                                                               
course of action for both patients.                                                                                             
                                                                                                                                
DR.  MIDDAUGH  answered that  he  thinks  the decision  obviously                                                               
related  to  a  pregnant  woman   involve  her  informed  consent                                                               
combined with the physician's clinical judgment.                                                                                
                                                                                                                                
Number 1780                                                                                                                     
                                                                                                                                
DEATRICH SITCHLER testified via teleconference.  She read the                                                                   
following:                                                                                                                      
                                                                                                                                
     I'm here to urge the committee  to oppose this bill.  I                                                                    
     would like  to share with  you my personal  reasons why                                                                    
     this  bill  would be  detrimental  to  many women  with                                                                    
     similar  situations to  mine.   At a  young age,  I was                                                                    
     diagnosed  with  hemophilia,  a disease  affecting  the                                                                    
     blood.   As  a result  of this  condition, it  could be                                                                    
     medically  dangerous for  me to  carry  a pregnancy  to                                                                    
     term, because  the loss of blood  during delivery could                                                                    
     be potentially fatal to me.                                                                                                
                                                                                                                                
     I emphasize  the word 'could.'   There are  cases where                                                                    
     women like me  have had children successfully.   But at                                                                    
     a  very high  risk; a  risk that  they have  determined                                                                    
     they want to  take.  Under this bill,  I probably would                                                                    
     not  qualify  for [Medicaid]  services.    Would I  fit                                                                    
     under this  medically necessary definition?   My doctor                                                                    
     is not going to say that  if I take a pregnancy to term                                                                    
     I  would seriously  endanger my  physical  health.   My                                                                    
     doctor would  probably say that there  is, for example,                                                                    
     a 70 percent chance  that carrying this pregnancy could                                                                    
     seriously endanger  my physical  health.  I  should not                                                                    
     be  denied the  right  to  Medicaid assistance  because                                                                    
     there is  a 30 percent  chance that my  pregnancy could                                                                    
     turn out okay.                                                                                                             
                                                                                                                                
     No doctor  could ever be  certain of what  would happen                                                                    
     if I carried a pregnancy  to term.  Especially in cases                                                                    
     like  mine, where  the woman  has  a high  chance of  a                                                                    
     serious  endangerment  to   her  physical  health,  she                                                                    
     should  be the  one to  decide  whether or  not she  is                                                                    
     willing  to take  that  risk.   This  bill could  force                                                                    
     women  like me  to carry  their pregnancy  to term  and                                                                    
     risk their  own lives,  just because the  doctor cannot                                                                    
     say  for  sure that  carrying  this  pregnancy to  term                                                                    
     would endanger their physical health.                                                                                      
                                                                                                                                
Number 1853                                                                                                                     
                                                                                                                                
     I would also like to  remind the committee members that                                                                    
     this  decision to  terminate my  pregnancy would,  like                                                                    
     many other women,  be very painful for me,  and I would                                                                    
     be doing this  to potentially save my own  life.  There                                                                    
     are many women out there who  will be forced to carry a                                                                    
     potentially dangerous pregnancy to  term and risk their                                                                    
     own  life, because  they cannot  afford to  pay for  an                                                                    
     abortion,  and they  don't fit  into your  very limited                                                                    
     category  of  women with  medical  problems.   I  don't                                                                    
     think  the legislature  should  be  making these  life-                                                                    
     altering decisions  for women just because  they are of                                                                    
     low income.   For  these reasons I  urge you  to oppose                                                                    
     this bill as it is drafted.                                                                                                
                                                                                                                                
Number 1880                                                                                                                     
                                                                                                                                
CHAIR DYSON  asked Ms. Sitchler  if she believes there  should be                                                               
any restrictions on the public funding of abortions.                                                                            
                                                                                                                                
MS. SITCHLER  answered that  she understands  why people  want to                                                               
stop women who  just feel that they don't want  to have the child                                                               
and have absolutely  no reason at all.  Her  main concern is that                                                               
this bill  is so  limited.   There are people  at risk,  and they                                                               
should be  the ones to  determine if they're  at risk.   She said                                                               
that she doesn't think that's  necessarily the case for women who                                                               
are at absolutely no risk at all.                                                                                               
                                                                                                                                
Number 1919                                                                                                                     
                                                                                                                                
JENNIFER  RUDINGER, Executive  Director,  Alaska Civil  Liberties                                                               
Union  (ACLU), testified  via teleconference.    She thanked  the                                                               
committee for  the opportunity  to testify against  HB 522.   She                                                               
indicated that Dr.  Middaugh has touched on some  of the problems                                                               
in terms  of the vagueness  of the definition,  the unworkability                                                               
of the  wording of things like  "seriously, significantly, highly                                                               
dangerous" as opposed to somewhat  dangerous, and the question of                                                               
who decides what is serious.  She stated:                                                                                       
                                                                                                                                
     In our  estimation, the decision  of what is  a serious                                                                    
     aggravation of a health  condition should be determined                                                                    
     by  the patient  who  is suffering  from whatever  that                                                                    
     health condition or that adverse  risk may be.  What is                                                                    
     serious to me may not be  too great a risk for somebody                                                                    
     else to  take given  our different  life circumstances.                                                                    
     We   generally  believe   that  any   medical  decision                                                                    
     concerning  health care  belong in  the purview  of the                                                                    
     doctor/patient  relationship, and  that the  government                                                                    
     should not be interfering  in those decisions and those                                                                    
     health care choices.                                                                                                       
                                                                                                                                
Number 1985                                                                                                                     
                                                                                                                                
MS. RUDINGER agreed that the word  "would" in this version of the                                                               
bill  is problematic.   She  reiterated that  doctors don't  make                                                               
absolute  predictions.     Doctors   talk  in  terms   of  risks,                                                               
likelihood, and probability  and give the patient  options.  Then                                                               
they tell the patient the  likelihood of the various options, and                                                               
then the patient  gives informed consent to  whatever she decides                                                               
to  do.   She  agrees that  is  a good  system.   The  government                                                               
insisting  that  only  women  whose  doctors  certify  that  they                                                               
"would" suffer  serious harm if  they continue a  pregnancy would                                                               
rule out  a lot  of poor  women who rely  on Medicaid  for health                                                               
care.                                                                                                                           
                                                                                                                                
CHAIR DYSON  asked Ms. Rudinger  at what point do  taxpayers have                                                               
the right not to participate  in something they find repugnant to                                                               
their conscience.                                                                                                               
                                                                                                                                
Number 2106                                                                                                                     
                                                                                                                                
MS. RUDINGER  said she understands that  people's consciences may                                                               
be in conflict  with how tax dollars are spent,  and that happens                                                               
in many  circumstances.  She  commented that people pay  taxes to                                                               
the government, elect  people who will use the  money wisely, and                                                               
live  with the  consequences of  how the  tax dollars  are spent.                                                               
Whether people  disagree with  defense spending  or environmental                                                               
spending or  development of appropriations, that's  a consequence                                                               
of deciding  that there  will be  government funding  of anything                                                               
that comes from tax dollars.   She noted that elective procedures                                                               
are not funded.                                                                                                                 
                                                                                                                                
Number 2215                                                                                                                     
                                                                                                                                
CHAIR  DYSON  agreed that  they  are  trying  to define  what  is                                                               
elective.    He  wondered  how to  go  about  restricting  public                                                               
funding for abortions  that are not medically  necessary but only                                                               
because the  presence of  the unborn child  in inconvenient.   He                                                               
asked if  the ACLU has  ever weighed  in on protecting  an unborn                                                               
child under any circumstances.                                                                                                  
                                                                                                                                
MS. RUDINGER answered  that she doesn't know.  She  said the ACLU                                                               
believes that women have the right  to decide whether and when to                                                               
bear a child.  She said  the ACLU would come out strongly against                                                               
any measure that took that right away.                                                                                          
                                                                                                                                
TAPE 02-37, SIDE B                                                                                                              
Number 2270                                                                                                                     
                                                                                                                                
MS. RUDINGER reiterated that it is  a woman's choice to have that                                                               
child.                                                                                                                          
                                                                                                                                
CHAIR DYSON asked Ms. Rudinger if  the ACLU believes that a woman                                                               
should be able to terminate the  life of a child virtually at any                                                               
time during the length of the pregnancy.                                                                                        
                                                                                                                                
MS. RUDINGER  replied that is not  true.  She explained  that the                                                               
ACLU agrees with the Supreme Court  decision in Roe vs. Wade that                                                             
as  the  pregnancy  continues,  the  interest  in  the  state  of                                                               
protecting  the fetus  grows, the  longer  that the  fetus is  in                                                               
development; so, toward the end  of the pregnancy, the state does                                                               
have a greater interest than in the beginning of the pregnancy.                                                                 
                                                                                                                                
Number 2217                                                                                                                     
                                                                                                                                
ROBIN  SMITH  testified  via  teleconference.     She  added  her                                                               
opposition to the  bill, but read the following  testimony of DR.                                                               
KATHLEEN TODD, Obstetrician/Gynecologist, Valdez Medical Clinic:                                                                
                                                                                                                                
     I  urge  you not  to  pass  HB 522,  limiting  abortion                                                                    
     funding.    This  bill excludes  any  consideration  of                                                                    
     fetal anomalies  as a  legitimate reason  for abortion,                                                                    
     which I  assure you, are  high on many women's  list of                                                                    
     legitimate  reasons for  abortion.   Should my  patient                                                                    
     whose   fetus   has   multiple   congenital   anomalies                                                                    
     incompatible with  life caused  by a known  exposure to                                                                    
     teratogenic agent be  required to carry to  term?  This                                                                    
     bill also  requires an impossibly high  burden of proof                                                                    
     to protect  the mother's  health.   We in  medical care                                                                    
     are often  faced with chances,  not certainties.   This                                                                    
     bill would  require certainty before action  was taken,                                                                    
     thus precluding  most actions.  Abortion  and pregnancy                                                                    
     must remain  the decision made  by individuals  who can                                                                    
     assess risk  and weigh those  risks based on  their own                                                                    
     value systems.                                                                                                             
                                                                                                                                
     In thinking about abortion funding,  we need to keep in                                                                    
     mind  where fairness  lies.   Those  who argue  against                                                                    
     spending  government  money  on abortion  as  something                                                                    
     they don't  believe in, forget  that other  people also                                                                    
     have deeply held beliefs.   It's against my convictions                                                                    
     to knowingly carry  to term a grossly  deformed baby or                                                                    
     to try to  carry septuplets or to endanger  my life for                                                                    
     the sake  of the fetus.   I wouldn't do it,  and I wish                                                                    
     that  state  money  wasn't  spent   on  these  kind  of                                                                    
     pregnancies.   However, I don't think  the state should                                                                    
     cut  off all  funding to  a woman  who doesn't  have an                                                                    
     abortion  in these  circumstances.   She might  believe                                                                    
     differently than  I do.   The government needs  to stay                                                                    
     neutral,  not allowing  anyone  to  impose abortion  on                                                                    
     women, including  the poor,  but likewise  not allowing                                                                    
     anyone to impose pregnancy on them.                                                                                        
                                                                                                                                
Number 2117                                                                                                                     
                                                                                                                                
PAULINE UTTER testified via teleconference  on behalf of herself.                                                               
She urged  the members  to stop  HB 522 in  this committee.   She                                                               
said  she  didn't think  it  was  the legislature's  business  to                                                               
define "medically  necessary abortion;"  that is  the physician's                                                               
job  based  on   his/her  best  judgment.     She  continued  her                                                               
testimony:                                                                                                                      
                                                                                                                                
     HB 522 is cruel.   There is no consideration for severe                                                                    
     fetal anomalies;  no consideration if a  fetus is dead.                                                                    
     Why  should the  legislature force  any woman  to carry                                                                    
     such pregnancies to  term?  This bill  cuts deeply into                                                                    
     the doctor/patient  relationship; it sets  a precedent.                                                                    
     Do you  really want the legislature  making health care                                                                    
     decisions for you  because you are a person  with a low                                                                    
     income?    Doctors are  being  cautious.   Doctors  are                                                                    
     using  Medicaid   funds  only  when  it   is  medically                                                                    
     necessary  due  to  the  recent  Alaska  Supreme  Court                                                                    
     ruling.    They  serve  financial  consequences  if  an                                                                    
     abortion is not medically necessary.   I don't think it                                                                    
     should  be  the legislature's  job  to  define what  is                                                                    
     medically necessary.                                                                                                       
                                                                                                                                
MS. UTTER  urged the committee to  defeat HB 522 and  not pass it                                                               
out of the committee.                                                                                                           
                                                                                                                                
Number 2068                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  commented that  if the  fetus is  dead, it                                                               
would not be considered an abortion.                                                                                            
                                                                                                                                
MS. UTTER indicated that she wasn't  sure about that because of a                                                               
situation she  knew about in which  a woman was carrying  a fetus                                                               
that  was  brain dead  and  had  to  go  out-of-state to  get  an                                                               
abortion.                                                                                                                       
                                                                                                                                
Number 2000                                                                                                                     
                                                                                                                                
WILLIAM CRAIG made the following comments on medical necessity:                                                                 
                                                                                                                                
     We  have  individuals in  this  country  who under  the                                                                    
     guise  of medical  necessity could  have been  aborted.                                                                    
     Stephen Hawking cannot take care  of himself.  We would                                                                    
     not  have  his  brilliant  mind,  on  the  other  hand,                                                                    
     following  medical  necessity.    I  would  disagree  a                                                                    
     little bit  about the  necessity of  having legislative                                                                    
     involvement in medical necessity.                                                                                          
                                                                                                                                
Number 1980                                                                                                                     
                                                                                                                                
CHIP  WAGONER, Alaska  Catholic  Conference,  testified that  the                                                               
conference supports  this bill.   He suggested that even  if this                                                               
bill was  amended with different  words mentioned  earlier, those                                                               
people would probably  still oppose this bill.  The  issue is not                                                               
whether a person  has a right to an abortion;  the issue is using                                                               
limited Medicaid  funds to pay  for those abortions that  are not                                                               
medically necessary.   He pointed  out that the  federal Medicaid                                                               
funds can  only be used for  those abortions to protect  the life                                                               
of the mother  or for pregnancies resulting from  rape or incest.                                                               
The  U.S. Supreme  Court upheld  the federal  Hyde Amendment;  it                                                               
also stated  that states need not  use their state money  to fund                                                               
therapeutic abortions.  In another  case it held that states need                                                               
not use their Medicaid funds to fund non-therapeutic abortions.                                                                 
                                                                                                                                
Number 1915                                                                                                                     
                                                                                                                                
MR. WAGONER  said that  half of  the states  that have  looked at                                                               
this  in  their  state  constitutions have  also  concluded  that                                                               
states  need not  fund  those abortions  that  are not  medically                                                               
necessary  or  even  medically   necessary.    Half  the  states,                                                               
including  Alaska,  New  Jersey, Massachusetts,  and  California,                                                               
have looked at their constitutions  and concluded that the states                                                               
must fund  medically necessary abortions.   He  acknowledged that                                                               
no court has said Medicaid dollars  must be used to fund elective                                                               
abortions.  When  the Alaska Supreme Court ruled  last summer, it                                                               
basically threw out  the only regulation that  dealt with funding                                                               
for Medicaid patients.   He noted that HB 522 is  as close as can                                                               
be to  be broad enough  to include medically  necessary abortions                                                               
but  narrow enough  to not  include the  elective abortions.   He                                                               
stated that  the conference thinks  there are  elective abortions                                                               
currently being paid for with Medicaid funds.                                                                                   
                                                                                                                                
CHAIR DYSON asked  what the delta would be between  the number of                                                               
abortions being  done now opposed  to how  many would be  done if                                                               
this bill becomes law.                                                                                                          
                                                                                                                                
MR. WAGONER replied  that he didn't know that for  Alaska, but in                                                               
Maryland, the  number of  abortions was cut  by about  50 percent                                                               
according to one source.  He  told the committee that abortion is                                                               
the  only  procedure  in  Medicaid which  can  be  for  medically                                                               
necessary reasons or  for elective reasons.  That's  why there is                                                               
a  need to  try to  differentiate by  statute and  regulation the                                                               
difference.                                                                                                                     
                                                                                                                                
Number 1764                                                                                                                     
                                                                                                                                
KATHLEEN STEVENSON  testified via  teleconference.  She  told the                                                               
committee  that  she  had  worked in  an  office  that  performed                                                               
abortions.   She scheduled appointments for  people and estimated                                                               
that six out  of eight patients scheduled each  day were Medicaid                                                               
patients.   She indicated that some  of the patients had  had one                                                               
or two  abortions in the  past year.   She said that  she doesn't                                                               
have strong  feelings one way  or another on the  abortion issue,                                                               
but she said  from working there and seeing how  many people were                                                               
abusing this  really disturbed her,  and that was the  reason she                                                               
left that  job.  She said  she was glad  to see this bill  try to                                                               
tighten up some of the loopholes.                                                                                               
                                                                                                                                
Number 1670                                                                                                                     
                                                                                                                                
CHAIR  DYSON asked  Ms. Stevenson  if she  knew how  many of  the                                                               
abortions performed at that clinic were medically necessary.                                                                    
                                                                                                                                
MS. STEVENSON  answered that in  the year  and a half  she worked                                                               
there she could only remember two incidents.                                                                                    
                                                                                                                                
CHAIR  DYSON  asked   if  there  were  any   women  with  medical                                                               
conditions that would have been dangerous for them.                                                                             
                                                                                                                                
MS.  STEVENSON  answered  that  one  of  the  two  incidents  she                                                               
remembered was due to a medical  condition.  She noted there were                                                               
two people  in the office  who scheduled the abortions,  so there                                                               
may have been others.                                                                                                           
                                                                                                                                
Number 1566                                                                                                                     
                                                                                                                                
CHAIR DYSON  asked Ms.  Stevenson if it  was her  impression that                                                               
[performing abortions] was a fairly remunerative business.                                                                      
                                                                                                                                
MS. STEVENSON said yes, and  she highly respected the doctors and                                                               
the people working there.                                                                                                       
                                                                                                                                
Number 1436                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA asked Ms. Stevenson  how she would know the                                                               
reason for the person's appointment.                                                                                            
                                                                                                                                
MS.  STEVENSON replied  that  the  patient would  tell  her.   It                                                               
wasn't her job to  grill these people; her job was  to set up the                                                               
appointment.   She summarized  that the  bill is  a good  idea to                                                               
close up the loopholes.                                                                                                         
                                                                                                                                
Number 1215                                                                                                                     
                                                                                                                                
ANNA  FRANK, Executive  Director, Planned  Parenthood of  Alaska,                                                               
responded to the  previous testimony and pointed out  that it was                                                               
from  someone who  is not  a doctor.   She  noted that  these are                                                               
issues that are discussed with a  doctor.  Before someone can get                                                               
approval for Medicaid,  she has to speak with a  doctor and get a                                                               
medical recommendation  for the procedure.   It is  not something                                                               
taken lightly by the doctors  that Planned Parenthood works with.                                                               
Planned  Parenthood helps  coordinate  poor women's  need for  an                                                               
abortion  when it  is medically  necessary, and  this happens  at                                                               
least once a week.                                                                                                              
                                                                                                                                
MS. FRANK  indicated that the  previous testimony also  points to                                                               
the fact  that there  is a  very serious  health care  problem in                                                               
Alaska; there  is not  enough prevention care  and money  for the                                                               
poor  women to  get the  prevention they  need.   For example,  a                                                               
woman  on Medicaid  can  only  get one  month's  supply of  birth                                                               
control pills at a time;  whereas, someone with her own insurance                                                               
can get up  to 13 months at a  time.  So, these women  have to go                                                               
to  a pharmacy  every  single  month to  get  their  pills.   She                                                               
emphasized  that  if  they  live  in rural  Alaska,  it  is  very                                                               
difficult to get to a pharmacy.                                                                                                 
                                                                                                                                
MS. FRANK  referred to Mr.  Wagoner's testimony about  more women                                                               
getting abortions  in Alaska - she's  not sure that's true  - but                                                               
it's probably  because there is  a huge access problem  in Alaska                                                               
that needs  to be factored  into these  decisions.  With  all due                                                               
respect to Mr.  Wagoner, she said she did hear  twice today where                                                               
people  that  are opposed  to  this  bill  are  in favor  of  two                                                               
compromises.   The first  was from  Dr. Middaugh  who said  if it                                                               
ended on  page 1,  line 12, it  would be an  okay bill  and would                                                               
send a  clear message to doctors  to make sure that  what they're                                                               
approving is  actually medically necessary.   The second  was the                                                               
difference between  "would" and  "could" or  "might."   There are                                                               
instances where something "could"  affect the pregnancy or health                                                               
of  a woman,  but  it  is more  difficult  to  determine that  it                                                               
"would."   She  agreed if  that language  were changed,  it would                                                               
certainly be better.                                                                                                            
                                                                                                                                
Number 1038                                                                                                                     
                                                                                                                                
CHAIR DYSON  asked Ms. Frank  if she  feels that the  doctors who                                                               
counsel  pregnant  women  try  to  talk them  out  of  having  an                                                               
abortion if the child and woman are healthy.                                                                                    
                                                                                                                                
MS. FRANK  replied that  the choice  is up to  a woman.   Doctors                                                               
would not  be doing their  job by  coercing women, but  this bill                                                               
deals with "medically necessary abortions."                                                                                     
                                                                                                                                
CHAIR DYSON said,  so the doctors don't sense that  they have two                                                               
patients  that they  have  to look  after;  they're only  looking                                                               
after  and  responding  to  the  needs and  desires  of  the  one                                                               
patient, and there is no voice then for the other patient.                                                                      
                                                                                                                                
MS. FRANK  answered that as  Ms. Rudinger pointed out,  the later                                                               
in  the  viability of  the  fetus  later  on in  the  gestational                                                               
period,  the more  the state  has  a compelling  interest in  the                                                               
fetus.   Currently  in Alaska,  she  believes that  the life  and                                                               
health of a woman is important.                                                                                                 
                                                                                                                                
CHAIR  DYSON  wondered  if  the  life of  that  unborn  child  is                                                               
important enough  to have  doctors advocating  for it  when those                                                               
decisions are being made.                                                                                                       
                                                                                                                                
MS.  FRANK  replied that  she  didn't  know  the answer  to  that                                                               
question; she is not a doctor.                                                                                                  
                                                                                                                                
Number 0845                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA  commented that  she has observed  that the                                                               
choice to not have a child usually  is a health issue.  Ms. Frank                                                               
agreed with her.                                                                                                                
                                                                                                                                
Number 0812                                                                                                                     
                                                                                                                                
JASON HOOLEY came forward to  testify.  He informed the committee                                                               
that although  he is Staff  to Representative Fred Dyson,  he was                                                               
testifying as a citizen and taxpayer today.  He stated:                                                                         
                                                                                                                                
     I find it absolutely disgusting  that my money would go                                                                    
     to pay for  an abortion.  I would not  object to anyone                                                                    
     having  an abortion  in this  discussion,  but I  would                                                                    
     object to  using my earned money  to do that.   I would                                                                    
      encourage even stricter restrictions on funding for                                                                       
     abortion.                                                                                                                  
                                                                                                                                
Number 0767                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA  asked Mr.  Hooley how  he feels  about his                                                               
tax money  going for systems  that don't  take care of  kids well                                                               
when they get  taken into foster care or put  in children's homes                                                               
or things  like that.   They haven't  been adequately  funded, so                                                               
children get  abused; they lose  their ability to love  and bond,                                                               
and they wind  up spending their lives in  prisons and half-lived                                                               
lives.                                                                                                                          
                                                                                                                                
MR. HOOLEY  said he doesn't support  his tax money going  for any                                                               
system that doesn't do a good job.                                                                                              
                                                                                                                                
Number 0695                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA told the committee  that the Association of                                                               
Public Administration has  a code of ethics that  should apply to                                                               
the legislators.   She shared  its four main  points:  1.   Serve                                                               
the  public interest;  2.   Respecting the  constitution and  the                                                               
law;  3.   Demonstrating  personal integrity;  4.   Striving  for                                                               
professional excellence.  She will get copies to the members.                                                                   
                                                                                                                                
Number 0379                                                                                                                     
                                                                                                                                
CHAIR  DYSON commented  that  in his  reading  of history,  every                                                               
human rights issue  was unpopular.  He concluded  with, "Those of                                                               
us who  are wanting to  give deference to  the life of  an unborn                                                               
child feel that it is a civil rights battle."                                                                                   
                                                                                                                                
Number 0336                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING  moved to report  HB 522 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE JOULE objected.                                                                                                  
                                                                                                                                
A roll  call vote  was taken.   Representatives  Wilson, Coghill,                                                               
Kohring,  and Dyson  voted to  report  HB 522  out of  committee.                                                               
Representatives Cissna  and Joule  voted against it.   Therefore,                                                               
HB  522 was  reported  out  of the  House  Health, Education  and                                                               
Social Services Standing Committee by a vote of 4-2.                                                                            
                                                                                                                                
SB 182 - PRO RATA REDUCTIONS IN BENEFIT PROGRAMS                                                                              
                                                                                                                                
Number 0226                                                                                                                     
                                                                                                                                
CHAIR DYSON referred to CS FOR  SENATE BILL NO. 182(FIN), "An Act                                                               
requiring  reductions in  payments to  individuals under  certain                                                               
benefit programs  if appropriations  are not sufficient  to fully                                                               
fund the  statutorily established levels  of payments."   He told                                                               
the committee  there wasn't time  to craft amendments  today, but                                                               
asked them to look at the  proposed amendments to see if there is                                                               
something helpful to put together.  [SB 182 was held over]                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Health, Education and Social  Services Standing Committee meeting                                                               
was adjourned at 4:38 p.m.                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects