Legislature(2003 - 2004)
05/15/2003 09:45 PM House HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
May 15, 2003
9:45 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Carl Gatto, Vice Chair
Representative John Coghill
Representative Paul Seaton
Representative Kelly Wolf
Representative Sharon Cissna
Representative Mary Kapsner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 192
"An Act relating to teachers and training programs in the
Department of Labor and Workforce Development, to the placement
in the exempt service of certified teachers employed by the
Department of Labor and Workforce Development, to their
eligibility to participate in the Teachers' Retirement System of
Alaska, and to the functions of the Alaska Workforce Investment
Board regarding the Kotzebue Technical Center and the Alaska
Vocational Technical Center; and providing for an effective
date."
- WAIVED FROM COMMITTEE
HOUSE CONCURRENT RESOLUTION NO. 19
Urging implementation of an Alaska history curriculum in public
schools.
- MOVED HCR 19 OUT OF COMMITTEE
HOUSE BILL NO. 292
"An Act relating to information and services available to
pregnant women and other persons; and ensuring informed consent
before an abortion may be performed, except in cases of medical
emergency."
- MOVED CSHB 292(HES) OUT OF COMMITTEE
HOUSE BILL NO. 32
"An Act relating to a health insurance uniform prescription drug
information card; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 278
"An Act relating to a masonic lodge license plate."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 282
"An Act relating to contracts between the University of Alaska
and its employees involving research or other development of
intellectual property and to the authority of the president of
the University of Alaska regarding employee contracts for
development of intellectual property."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 306
"An Act relating to the use of pharmaceutical agents by
optometrists."
- HEARING POSTPONED
PREVIOUS ACTION
BILL: SB 192
SHORT TITLE:DOLWD TEACHERS AND TRAINING PROGRAMS
SPONSOR(S): SENATOR(S) STEVENS G
Jrn-Date Jrn-Page Action
04/22/03 0917 (S) READ THE FIRST TIME -
REFERRALS
04/22/03 0917 (S) HES, L&C
05/01/03 1087 (S) HES REFERRAL WAIVED
05/06/03 (S) L&C AT 1:30 PM BELTZ 211
05/06/03 (S) Moved CSSB 192(L&C) Out of
Committee
05/06/03 (S) MINUTE(L&C)
05/07/03 1201 (S) L&C RPT CS 4DP 1 NR NEW TITLE
05/07/03 1202 (S) DP: BUNDE, DAVIS, SEEKINS,
STEVENS G;
05/07/03 1202 (S) NR: FRENCH
05/07/03 1202 (S) FN1: ZERO(LWF)
05/09/03 1282 (S) RULES TO CALENDAR 5/9/2003
05/09/03 1282 (S) READ THE SECOND TIME
05/09/03 1282 (S) L&C CS ADOPTED UNAN CONSENT
05/09/03 1282 (S) ADVANCED TO THIRD READING
5/10 CALENDAR
05/10/03 1306 (S) READ THE THIRD TIME CSSB
192(L&C)
05/10/03 1306 (S) FN2: (LWF)
05/10/03 1307 (S) PASSED Y19 N- E1
05/10/03 1307 (S) EFFECTIVE DATE(S) SAME AS
PASSAGE
05/10/03 1311 (S) TRANSMITTED TO (H)
05/10/03 1311 (S) VERSION: CSSB 192(L&C)
05/12/03 1554 (H) READ THE FIRST TIME -
REFERRALS
05/12/03 1554 (H) HES, FIN
05/13/03 (H) HES AT 3:00 PM CAPITOL 106
05/13/03 (H) -- Meeting Canceled --
05/15/03 (H) HES AT 3:00 PM CAPITOL 106
BILL: HCR 19
SHORT TITLE:ALASKA HISTORY CURRICULUM
SPONSOR(S): REPRESENTATIVE(S)KAPSNER
Jrn-Date Jrn-Page Action
04/24/03 1093 (H) READ THE FIRST TIME -
REFERRALS
04/24/03 1093 (H) HES, EDU
04/28/03 1171 (H) COSPONSOR(S): JOULE
04/29/03 1186 (H) HES WAIVED 5-DAY HEARING
(RULE 23A)
05/01/03 (H) HES AT 3:00 PM CAPITOL 106
05/01/03 (H) Uniform Rule 23(a) Waived --
Meeting Canceled --
05/15/03 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 292
SHORT TITLE:ABORTION: INFORMED CONSENT; INFORMATION
SPONSOR(S): REPRESENTATIVE(S)DAHLSTROM
Jrn-Date Jrn-Page Action
04/30/03 1202 (H) READ THE FIRST TIME -
REFERRALS
04/30/03 1202 (H) HES, JUD
05/06/03 (H) HES AT 3:00 PM CAPITOL 106
05/06/03 (H) Heard & Held
MINUTE(HES)
05/08/03 (H) HES AT 3:00 PM CAPITOL 106
05/08/03 (H) Heard & Held
MINUTE(HES)
05/13/03 (H) HES AT 3:00 PM CAPITOL 106
05/13/03 (H) <Bill Hearing Postponed> --
Meeting Canceled --
05/15/03 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE NANCY DAHLSTROM
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor of HB 292, explained changes and
answered questions from the committee.
REX SHATTUCK, Staff
to Representative Nancy Dahlstrom
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained changes to CSHB 292(HES), and
answered questions from the members.
ACTION NARRATIVE
TAPE 03-43, SIDE A
Number 0001
CHAIR PEGGY WILSON called the House Health, Education and Social
Services Standing Committee meeting to order at 9:45 p.m.
Representatives Wilson, Wolf, Coghill, Seaton, Cissna, and
Kapsner were present at the call to order. Representative Gatto
arrived as the meeting was in progress.
SB 192-DOLWD TEACHERS AND TRAINING PROGRAMS
CHAIR WILSON announced for the record that [SB 192] was waived
from the House Health, Education and Social Services Standing
Committee.
HCR 19-ALASKA HISTORY CURRICULUM
CHAIR WILSON announced that the next order of business would be
HOUSE CONCURRENT RESOLUTION NO. 19, Urging implementation of an
Alaska history curriculum in public schools.
Number 0249
REPRESENTATIVE KAPSNER, as sponsor of HCR 19, explained the
purpose of this resolution and answered questions from the
members. She told the committee this legislation has created a
bit of consternation and that fact is a puzzlement to her. She
said this resolution is different from another resolution before
the body. She said the other resolution asks the school
districts to look at fourth grade Alaska history, and this
resolution asks the board of education to look at Alaska high
school students and their Alaska history requirements. She said
she hopes both resolutions pass because she believes they are
both worthy of consideration.
Number 0307
REPRESENTATIVE KAPSNER explained that HCR 19 asks the board of
education by regulation to implement a requirement that Alaska
seniors have a stand-alone, one-semester course in Alaska
history or an integrated course that school districts can weave
into their already existing curriculum. This resolution would
allow for a lot of local discretion on the part of school
districts. In 2002, Senator Ted Stevens furnished a grant for
Alaska history. The total of the grant was $397,400 and was
awarded to the Alaska Humanities Forum. A portion of it would
go to curriculum development and a portion toward the
development of textbooks. The grant was approved by the U.S.
Department of Education and signed by President George Bush in
2002, and the Alaska Humanities Forum is preparing a project
team to develop the Alaska history text and curriculum. The
project is headed by Marjorie Menzi who is former employee of
the state Department of Education and a former teacher. Senator
Stevens made it clear to the legislature that he believes this
is very important and wants to see Alaska history taught in
Alaska's schools. Most states have [a state history course],
but Alaska does not.
REPRESENTATIVE KAPSNER mentioned a partial list of supporters
including: Commonwealth North, Alaska Humanities Forum,
Association of School Boards, Association of School
Administrators, and many more. Representative Kapsner told the
committee that she thinks both her resolution and Representative
Gatto's resolution are outstanding and hopes they both will pass
the legislature. She said she believes both fourth grade
students and high school students should have the benefit of
learning about Alaska's history. These are good resolutions and
worthy of discussion and consideration.
Number 0372
REPRESENTATIVE GATTO asked Representative Kapsner if Alaska
history is currently taught in Bethel.
REPRESENTATIVE KAPSNER responded that it is taught in most
school districts, but not all districts. It is taught at
different levels. Some school districts teach it at the
elementary level, but this resolution asks the Department of
Education to make it a high school requirement to be taught in
either the junior or senior year. She said she believes the
Lower Kuskokwim School District does require some form of Alaska
history in high school. It may be the Alaska Native Claims
Settlement Act or another option. She told the committee it was
an elective when she was going through school.
REPRESENTATIVE GATTO asked if Alaska history is required in all
of its elementary schools. He said he believes it is a state
requirement to have state history, U.S. history, and world
history.
REPRESENTATIVE KAPSNER responded that she is not sure what the
elementary school level requirements are. She said her primary
focus is on high school requirements because, as a legislator,
she believes there are kids graduating from high school who do
not understand some basic things about Alaska before they get to
the ballot box. For example, she said it is important for
students to know about the permanent fund, permanent fund
dividend, subsistence, and other things. She said she is hoping
that school districts and the Department of Education will look
at standardizing high school students' graduation requirements.
The Alaska Municipal League has said they would like to see a
civics component included in graduation requirements, as this is
not a requirement for Alaska. Representative Kapsner commented
that many people are unaware that this is not a requirement
because they moved here from another state.
Number 0558
REPRESENTATIVE COGHILL told the committee that the school board
[board of education] has already drafted a two-volume set that
could be the basis for this curriculum. These books were
commissioned in 1989 or 1990 and even though they will not be
sufficient for what this resolution is requiring, he said he
does not believe this is going to be a huge cost. He noted that
there are two questions that need to be answered. The first
question is how this material will be covered in one semester.
It will be very intensive. The other question is the cost of
putting a book together. The problem here, he said, is that it
is an unfunded mandate. Since much of the work is [already
completed], some of the costs could be saved. He asked if the
sponsor would see to it that the prior work was not done in
vain.
Number 0670
REPRESENTATIVE KAPSNER responded that Senator Stevens has made
an appropriation that would cover a majority of those costs.
Last year, before that appropriation was made, a number of
different state organizations felt so committed to getting an
Alaska curriculum in high school that they offered to pay for
it. The complication came when trying to show it in the fiscal
note. It so rarely happens that people are so enthusiastic
about getting something done that they are willing to contribute
to it. That offer still stands. Many school districts,
including the Anchorage School District, recently mandated that
their high school students have a one semester, stand-alone
course. They are in the process of developing a curriculum.
Carol Comeau [Superintendent of the Anchorage School District]
has offered that curriculum to the state.
CHAIR WILSON asked if there is an estimate in what it would cost
to produce a book.
REPRESENTATIVE KAPSNER replied that she does not know, but there
is also the consideration that the school districts might
integrate components of the curriculum into other classes.
Commissioner of Education, Shirley Holloway, envisioned that a
CD ROM could be made available to teachers so they could pull
lesson plans out of the curriculum to include in U.S. or world
history classes. For example, if there is discussion about
exploration, then the section about Russians exploring Alaska
could be integrated into world history. She reiterated that
there are about 20 organizations on a partial list she has that
have offered to help pay for this class.
Number 0807
REPRESENTATIVE WOLF commented that he finds it surprising that
Alaska history is not a requirement. In 1978, Kenai Central
High School taught Alaska history from textbooks, so he said he
knows the literature is there to be used.
Number 0871
REPRESENTATIVE KAPSNER responded that there are numerous books
available. There are some recent publications including Dr.
Steve Haycock's book; however, it was written for college level
classes. She said that she believes the sooner this book is put
together the better, because there are members of the
constitutional convention who are still alive - such as John
Coghill and Vic Fischer - who would be a wonderful resource in
putting this book together.
Number 0912
REPRESENTATIVE GATTO commented that books on Alaska history are
available everywhere. The problem he has is that it will be a
requirement. If required at a high school level it means giving
up something. Representative Gatto said that in the high
schools where he has been there are no times available during
the day when there is an empty classroom and an available
teacher. This class would have to replace an elective. He
pointed out that some kids are intent on going to college and
when they produce their transcripts for the college it could
mean that the student has 21 credits plus Alaska history or 21
credits and physics. That extra science or math course could
give these students an edge over someone else. By requiring the
course, according to No Child Left Behind Act (NCLB) then it
will be necessary to have highly qualified teachers.
REPRESENTATIVE GATTO indicated that it is a difficult time [for
school districts]. For instance, at Colony High School they are
giving up sports and, in fact, just discharged two coaches from
the middle school. They have also eliminated the music program.
Representative Gatto questioned if asking schools to take on
another subject at a time when they are being asked to eliminate
programs they have previously had is something the legislature
wants to do. He asked if it makes sense to simply make the
subject available rather than mandatory.
Number 1044
REPRESENTATIVE KAPSNER agreed with Representative Gatto's
points. She said she spent a lot of time worrying about that
issue, especially in small schools where there is one teacher
instructing in every subject. That is why the provision was
added that this does not have to be a stand-alone class. It
could be integrated into U.S. or world history.
Number 1070
REPRESENTATIVE CISSNA asked Representative Kapsner to clarify
that the resolution encourages the use of modules to insert into
existing programs. For example, a history course or civics
course taught by a certified teacher could have a portion added
that would merely bring in additional material to compliment an
existing class. She asked if that is correct.
REPRESENTATIVE KAPSNER responded that that is exactly what she
envisions; however, she pointed out that this is just a
resolution, so it would be entirely up to the board of
education. She said her hope is that it could be an either/or
situation and the modules could be inserted. She pointed out
that the language in the resolution does not specify that it
funds a standards based curriculum for Alaska history through
the efforts of the Alaska Humanities Forum. However, it
requests the board of education to require by regulation the
equivalent of at least one semester of Alaska history. So, it
could be a stand-alone class or woven into an existing class.
She reiterated that the resolution says on page 2, line 21, "the
equivalent of at least one semester".
Number 1172
REPRESENTATIVE SEATON told the committee he is also concerned
about the displacement of other classes. The students do have
full schedules and it is hard to add anything to the day. He
said he believes that the board of education and the districts
will be able to sort this out. Representative Seaton said he is
willing to see the bill move out of committee.
REPRESENTATIVE WOLF said he agrees with Representative Seaton's
comments.
Number 1201
REPRESENTATIVE GATTO commented that if the board of education
requires this by regulation, the districts have no choice but to
find time during the day to make the equivalent of one semester,
either in one stand-alone class for that semester, which the
schools may not have available, or by incorporating it into
another class in two half semesters and giving up something else
for two half semesters. Representative Gatto said it would
really make him feel better about this resolution if he knew
what [would be given] up. He said he does not believe the board
of education or the school districts know what that would be.
Number 1240
REPRESENTATIVE KAPSNER responded that she does not know. She
asked Representative Gatto from what state he graduated high
school.
REPRESENTATIVE GATTO responded that he graduated from a New York
high school.
REPRESENTATIVE KAPSNER asked him if his school required a New
York history class.
REPRESENTATIVE GATTO said he has no idea. It was in the last
millennium.
CHAIR WILSON told the committee that these questions could be
further explored in the House Special Committee on Education.
REPRESENTATIVE SEATON moved to report HCR 19 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HCR 19 was reported out of the
House Health, Education and Social Services Standing Committee.
HB 292-ABORTION: INFORMED CONSENT; INFORMATION
CHAIR WILSON announced that the final order of business would be
HOUSE BILL NO. 292, "An Act relating to information and services
available to pregnant women and other persons; and ensuring
informed consent before an abortion may be performed, except in
cases of medical emergency."
Number 1389
REPRESENTATIVE NANCY DAHLSTROM, Alaska State Legislature, as
sponsor of HB 292, answered questions from the committee.
Number 1400
REPRESENTATIVE COGHILL moved to adopt the proposed committee
substitute (CS) for HB 292, Version 23-LS0867\I, Lauterbach,
5/15/03, as a work draft. Hearing no objection, Version I was
before the committee.
CHAIR WILSON told the committee that there are two amendments
that will be considered.
Number 1445
REPRESENTATIVE SEATON moved to adopt Amendment 1.
REPRESENTATIVE COGHILL objected for purposes of discussion.
Number 1649
REX SHATTUCK, Staff to Representative Nancy Dahlstrom, Alaska
State Legislature, explained changes to CSHB 292(HES), proposed
amendments, and answered questions from the members. Amendment
1 read as follows:
Page 4, line 28, following "woman":
Insert "and the pregnant woman's estate, and only
to the pregnant woman and the pregnant woman's
estate,"
Following "damages":
Insert "caused by the violation"
MR. SHATTUCK told the committee that the language on page 4,
line 28, is to ensure that a lawsuit could only be brought by
the pregnant woman or her estate. On line 29, following the
word "damages", the insertion of the words "caused by the
violation" is speaking to a lawsuit that may be brought forward.
Number 1649
REPRESENTATIVE COGHILL removed his objection.
CHAIR WILSON announced that without objection Amendment 1 has
been adopted by the House Health, Education and Social Services
Standing Committee. Chair Wilson announced that the committee
would now take up Amendment 2.
Number 1584
REPRESENTATIVE COGHILL objected for the purpose of discussion.
MR. SHATTUCK briefly reviewed Amendment 2, which read [original
punctuation provided]:
Page 1, line 13,
After "on the Internet" insert the words
that is reviewed and approved for medical
accuracy and appropriateness by recognized
Obstetric/Gynecological specialists designated by the
State Medical Board and
Page 2, line 2,
After "on the Internet" insert the words
that is reviewed and approved for medical
accuracy and appropriateness by recognized
Obstetric/Gynecological specialists designated by the
State Medical Board
Page 2, lines 7 through 9,
Delete all material
Page 2, line 22,
After "and services;" insert
and
Page 2, 23,
Create a new sub-section that shall read
{C} agencies, services, clinics and facilities
designed to assist or provide contraceptive options
and counseling to help prevent future unwanted
pregnancies;
Page 2, line 30,
After "abortions services;" insert
and the circumstantial criteria for the
availability of medical assistance benefits for
contraception;
Page 3, line 12,
After "objective, nonjudgmental, and" insert
that is reviewed and approved for medical
accuracy and appropriateness by recognized
Obstetric/Gynecological specialists designated by the
State Medical Board and
Page 3, line 15,
After "information that" insert
is reviewed and approved for medical accuracy and
appropriateness by recognized Obstetric/Gynecological
specialists designated by the State medical Board and
Page 3, line 20,
After "unbiased information" insert
that is reviewed and approved for medical
accuracy and appropriateness by recognized
Obstetric/Gynecological specialists designated by the
State Medical Board
Page 3, line 24,
Create a new sub-section that shall read
(9) contains objective, unbiased and
comprehensive information that is reviewed and
approved for medical accuracy and appropriateness by
recognized Obstetric/Gynecological specialists
designated by the State Medical Board on different
types of available contraceptive choices and the
medical risk and possible complications commonly
associated with each method as well as the possible
psychological effects that have been associated with
using contraceptives;
Page 3, line 24,
Delete
(9)
Insert
(10)
Page 4, line 30,
After "AS 18.16.060(b)(1){C} insert
and (D)
Page 4, line 31,
After "evidence that" delete
the person gave to the woman a written
And insert
the woman received or reviewed a
Page 5, line 1,
After "AS 18.05.032" insert
at least 24 hours
Page 5, line 21,
After "the abortion" insert
, a member of the physician's staff who is a
licensed healthcare provider
Page 5, line 21,
After "physician has" delete
orally
And insert
verbally
Page 6, line 1,
After "shall provide it;" insert
the requirements of this subparagraph may be
satisfied by a member of the physician's staff who is
a licensed healthcare provider performing the required
activities if they offer the person the opportunity to
consult a physician; the requirements of this
paragraph may also be satisfied if the physician or a
member of the physician's staff receives from the
person an appropriately dated and signed from [sic] of
the type described in AS.18.05.032(a)(10) and retains
the form in the patient's file;
Page 6, line 12,
After "required in (b)(1)" insert
{A}-{C}
Page 6, line 15,
After "ask questions." insert
Provision of the information telephonically or by
electronic mail or regular mail at least 24 hours
prior to the person's appointment satisfies the
requirements of this section as long as the person
whose consent is required under (a) of this section
has an opportunity to ask questions after receiving
the information.
MR. SHATTUCK told the committee that the change in language on
page 1, line 13 is agreed upon language provided so that someone
is designated as an appropriate medical person to review the
material for accuracy and appropriateness.
REPRESENTATIVE COGHILL commented that it appears that the entire
first page of the amendment deals with conforming language to
the Medical Board having purview on this information. He told
the members that that had been his objection when the bill was
heard the first time. He said he reviewed the statutes and
found that this is an appropriate role for the state Medical
Board; therefore, he will remove his objection to this portion
of the amendment.
MR. SHATTUCK agreed with Representative Coghill's statement that
the first page is conforming language inserted all the way
through the bill.
MR. SHATTUCK referred the committee to the next change,
beginning on page 3, line 24, which creates a new subsection.
He said this change again uses the agreed upon language "medical
accuracy and appropriateness by recognized
Obstetric/Gynecological specialist", but in this case it is
directed toward contraceptive use. On the same page and line
there is a renumbering of the sub-sections to reflect the
insertion of the new sub-section. On page 4, line 30, it
inserts "and (D)", which includes an earlier section. He said,
"Page 4, line 31, changes the language, so..."
REPRESENTATIVE SEATON asked if the change on page 4, line 31,
was made to allow for a woman to download the information off of
the Internet.
MR. SHATTUCK responded that is correct.
MR. SHATTUCK said that on page 5, line [21], the agreed upon
language was inserted after looking into the definition of a
licensed healthcare provider. It does reach the threshold of
ensuring that it is a licensed nurse, physician's assistant, or
someone with a medical background.
MR. SHATTUCK pointed out that on page 5, line 21, there is a
change recommended by Legislative Legal and Research Services
that deletes the word "orally" and inserts "verbally".
MR. SHATTUCK said that on page 6, line 1, the amendment poorly
reflects the transaction that should actually take place. He
told the committee the inserted language is a rewording of that
section. In response to a request for clarification from
Representative Coghill, he explained that the change beginning
on page 6, line 1, would read as follows:
After the words "physician shall provide it;" delete
the requirement of this subparagraph may also be
satisfied if a nurse who is a member of the
physician's staff informs the person of the
availability of the Internet information, distributes
a copy of the Internet information to the person, if
requested, and offers the person an opportunity to
consult with the physician
and insert
the requirements of this subparagraph may be
satisfied by a member of the physician's staff who is
a licensed healthcare provider performing the required
activities if they offer the person the opportunity to
consult a physician; the requirements of this
paragraph may also be satisfied if the physician or a
member of the physician's staff receives from the
person an appropriately dated and signed from of the
type described in AS.18.05.032(a)(10) and retains the
form in the patient's file;
MR. SHATTUCK responded to a question by Representative Coghill
regarding the changes on page 6, by saying they relate to
electronic communication.
CHAIR WILSON commented that this language provides for patients
to get information [ahead of their visit] by means of the
Internet. [By doing this first, before traveling to see a
doctor, the 24-hour period they currently have to wait would be
met already]. Then patients could just go for a doctor's visit
and leave. She said that she believes this change is a big
improvement.
REPRESENTATIVE COGHILL removed his objection to Amendment 2.
Number 1889
CHAIR WILSON announced that, without objection, Amendment 2 has
passed the House Health, Education and Social Services Standing
Committee.
Number 1908
REPRESENTATIVE COGHILL moved to report CSHB 292 [Version 23-
LS0862\I, Lauterbach, 5/15/03, as amended] out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 292(HES) was reported out of the
House Health, Education and Social Services Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
Health, Education and Social Services Standing Committee meeting
was adjourned at 10:20 p.m.
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