Legislature(2007 - 2008)CAPITOL 106

03/06/2007 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 148 SENIOR CARE TELECONFERENCED
Moved Out of Committee
*+ HB 136 DENTAL HYGIENISTS TELECONFERENCED
Moved Out of Committee
*+ HB 159 STILLBIRTH CERTIFICATE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
 HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                         March 6, 2007                                                                                          
                           3:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Peggy Wilson, Chair                                                                                              
Representative Bob Roses, Vice Chair                                                                                            
Representative Anna Fairclough                                                                                                  
Representative Paul Seaton                                                                                                      
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mark Neuman                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 148                                                                                                              
"An Act relating to the senior care program; and providing for                                                                  
an effective date."                                                                                                             
                                                                                                                                
     - MOVED HB 148 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 136                                                                                                              
"An Act relating to dental hygienists."                                                                                         
                                                                                                                                
     - MOVED HB 136 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 159                                                                                                              
"An Act relating to the issuance of a certificate of birth                                                                      
resulting in a stillbirth."                                                                                                     
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 148                                                                                                                  
SHORT TITLE: SENIOR CARE                                                                                                        
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/21/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/07       (H)       HES, FIN                                                                                               
03/06/07       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 136                                                                                                                  
SHORT TITLE: DENTAL HYGIENISTS                                                                                                  
SPONSOR(s): REPRESENTATIVE(s) STOLTZE                                                                                           
                                                                                                                                
02/14/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/07       (H)       HES, L&C                                                                                               
03/06/07       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 159                                                                                                                  
SHORT TITLE: STILLBIRTH CERTIFICATE                                                                                             
SPONSOR(s): REPRESENTATIVE(s) GATTO                                                                                             
                                                                                                                                
02/28/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (H)       HES, JUD                                                                                               
03/06/07       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KARLEEN JACKSON, Commissioner                                                                                                   
Department of Health & Social Services (DHSS)                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 148, at the governor's                                                                        
request, and responded to questions.                                                                                            
                                                                                                                                
ELLIE FITZJARRALD, Acting Director                                                                                              
Division of Public Assistance (DPA)                                                                                             
Department of Health & Social Services (DHSS)                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions regarding HB 148.                                                                   
                                                                                                                                
MICHAEL FORD                                                                                                                    
Alaska Native Health Board                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 148.                                                                            
                                                                                                                                
HERB SIMON                                                                                                                      
Nelchina, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 148.                                                                            
                                                                                                                                
PAT LUBY, Advocacy Director                                                                                                     
Alaska Chapter                                                                                                                  
American Association of Retired Persons (AARP)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 148.                                                                            
                                                                                                                                
JANET CLARKE, Assistant Commissioner                                                                                            
Department of Health & Social Services (DHSS)                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions regarding HB 148.                                                                   
                                                                                                                                
REPRESENTATIVE BILL STOLTZE                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 136, as prime sponsor.                                                                       
                                                                                                                                
BEN MULLIGAN, Staff                                                                                                             
to Representative Bill Stoltze                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 136, on behalf of                                                                             
Representative Stoltze, prime sponsor.                                                                                          
                                                                                                                                
DELISA CULPEPPER, Chief Operating Officer                                                                                       
Alaska Mental Health Trust Authority                                                                                            
Department of Revenue                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 136.                                                                            
                                                                                                                                
SONIA HANDFORTH-KOME, Executive Director                                                                                        
Iliuliuk Health Clinic                                                                                                          
Unalaska, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 136.                                                                            
                                                                                                                                
VICKY HOFF                                                                                                                      
Alaska Dental Hygiene Association                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 136.                                                                            
                                                                                                                                
JENNIFER MCELROY, Dental Hygienist                                                                                              
Kenai Peninsula Dental Hygiene Association                                                                                      
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 136.                                                                            
                                                                                                                                
GAIL WALDEN, Dental Hygienist                                                                                                   
Member, Alaska Dental Hygienist Association                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 136.                                                                            
                                                                                                                                
DAVID LOGAN, Doctor of Dentistry                                                                                                
Chairman, Alaska Dental Society                                                                                                 
POSITION STATEMENT:  Testified in opposition to HB 136.                                                                         
                                                                                                                                
REPRESENTATIVE CARL GATTO                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 159, as prime sponsor.                                                                        
                                                                                                                                
SANDRA WILSON, Staff                                                                                                            
to Representative Carl Gatto                                                                                                    
Alaska State Legislature                                                                                                        
POSITION STATEMENT:  Responded to questions on HB 159.                                                                          
                                                                                                                                
PHILLIP MITCHELL, Section Chief                                                                                                 
Bureau of Vital Statistics (BVS)                                                                                                
Department of Health & Social Services (DHSS)                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 159.                                                                            
                                                                                                                                
DARRELL LOGULLO, Volunteer                                                                                                      
Mothers in Sympathy & Support (MISS) Foundation                                                                                 
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified in support of HB 159.                                                                            
                                                                                                                                
RICHARD OLSEN, Founder                                                                                                          
National Stillbirth Association                                                                                                 
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified in support of HB 159.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR PEGGY WILSON called the  House Health, Education and Social                                                             
Services  Standing  Committee meeting  to  order  at 3:02:38  PM.                                                             
Representatives  Roses, Seaton,  and Fairclough  were present  at                                                               
the call  to order.   Representatives Cissna and  Gardner arrived                                                               
as the meeting was in progress.                                                                                                 
                                                                                                                                
HB 148-SENIOR CARE                                                                                                            
                                                                                                                                
3:03:13 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
HOUSE BILL NO. 148, "An Act  relating to the senior care program;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
3:03:42 PM                                                                                                                    
                                                                                                                                
KARLEEN  JACKSON, Commissioner,  Department  of  Health &  Social                                                               
Services (DHSS),  presented HB 148, paraphrasing  from a prepared                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
     The  SeniorCare  program  helps low-income  seniors  in                                                                    
     Alaska by providing cash assistance  of $120 a month or                                                                    
     a prescription drug  subsidy for Medicare Part  D.  The                                                                    
     SeniorCare program  is due  to sunset  June 30  of this                                                                    
     year.                                                                                                                      
                                                                                                                                
     More than 7,000 seniors use the program                                                                                    
     15 percent of the state's senior population                                                                                
     demonstrating  that it  is needed  and  used by  Alaska                                                                    
     seniors.                                                                                                                   
                                                                                                                                
     Governor  Palin   is  proposing  this   legislation  to                                                                    
     improve the  program and extend SeniorCare  for another                                                                    
     five years.                                                                                                                
                                                                                                                                
     Changes to  SeniorCare will help keep  it effective and                                                                    
     simplify the administration of the program                                                                                 
     includes updating the income  limit for eligibility and                                                                    
     eliminating the prescription drug assistance program.                                                                      
                                                                                                                                
     The  current SeniorCare  income eligibility  threshold,                                                                    
     frozen  at  135 percent  of  the  2005 federal  poverty                                                                    
     limit, does  not reflect the  reality of  rising costs.                                                                    
     The  current, annually  adjusted federal  poverty level                                                                    
     for Alaska  must be used  to keep pace with  the rising                                                                    
     cost  of   living,  which  is  what   this  legislation                                                                    
     proposes.                                                                                                                  
                                                                                                                                
     By  tying  SeniorCare  eligibility to  current  federal                                                                    
     poverty  rates,  updated  each  year,  modest  cost-of-                                                                    
     living adjustments  to seniors' income, such  as Social                                                                    
     Security,  will not  nudge them  over the  income limit                                                                    
     for eligibility.                                                                                                           
                                                                                                                                
     The   change  would   raise  eligibility   levels  only                                                                    
     modestly:   at the  2007 poverty level,  the SeniorCare                                                                    
     income limit would rise to  $17,240 for a single person                                                                    
     and   $23,112   for   a  couple   (Current   SeniorCare                                                                    
     eligibility:  $16,133/Single,   $17,240/couple).    The                                                                    
     liquid assets  these seniors would  be allowed  to hold                                                                    
     would stay the same                         vidual and                                                                     
     $9,000 for a couple.                                                                                                       
                                                                                                                                
     There  is low  demand for  the SeniorCare  prescription                                                                    
     drug subsidy                                                                                                               
     that  assistance.    A   statewide  survey  found  many                                                                    
     seniors   have  access   to  insurance   which  covered                                                                    
     premiums and deductibles, or they qualified for other                                                                      
    assistance,   which   is   why    we   had   such   low                                                                     
     participation.                                                                                                             
                                                                                                                                
         Therefore we are eliminating this benefit, and                                                                         
        simplifying the administration of the SeniorCare                                                                        
     program.                                                                                                                   
                                                                                                                                
3:07:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to  the  annual federal  poverty                                                               
guidelines, stipulated on page 2, line  7, and asked if these are                                                               
published, and available for implementation,  when a senior makes                                                               
application to  the program,  or if application  is based  on the                                                               
previous year's poverty guidelines.                                                                                             
                                                                                                                                
3:07:52 PM                                                                                                                    
                                                                                                                                
ELLIE   FITZJARRALD,   Acting   Director,  Division   of   Public                                                               
Assistance (DPA), Department of  Health & Social Services (DHSS),                                                               
responded  that  the  annual,  federal,  poverty  guidelines  are                                                               
published   at  the   beginning  of   each  calendar   year,  and                                                               
implemented immediately by the state.                                                                                           
                                                                                                                                
3:08:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  clarified  that   a  senior  applying  at                                                               
anytime,  during  the  year,  would  have  a  possibility  to  be                                                               
eligible for the program.                                                                                                       
                                                                                                                                
MS.  FITZJARRALD explained  that  a senior's  renewal process  is                                                               
based on their  income on the date of the  application.  This can                                                               
change any  given month, based  on the fluctuation of  a senior's                                                               
monthly income; however, she noted  that most of the seniors have                                                               
static incomes.   To a follow-up question, she stated  that, if a                                                               
senior's application  is denied based on  the poverty guidelines,                                                               
the senior is counseled to reapply.                                                                                             
                                                                                                                                
3:11:14 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON established  that  the state's  fiscal year  begins                                                               
                     st                                                                                                         
annually  on  July  1,   and  asked how  the  federal  guidelines                                                               
interface with Alaska's budgeting process.                                                                                      
                                                                                                                                
MS.  FITZJARRALD answered  that  the division  uses a  historical                                                               
average for budget requests.                                                                                                    
                                                                                                                                
3:12:04 PM                                                                                                                    
                                                                                                                                
MICHAEL FORD, Alaska  Native Health Board, stated  support for HB
148, and  said that it  represents an  important aspect of  a low                                                               
income  senior's   monthly  income.    He   recommended  that  an                                                               
amendment be considered to remove the sunset date.                                                                              
                                                                                                                                
3:13:31 PM                                                                                                                    
                                                                                                                                
HERB SIMON, stated support for HB  148, and asked how the poverty                                                               
level is determined.                                                                                                            
                                                                                                                                
CHAIR WILSON responded that it  is a federally established level,                                                               
and the state  department decides "what percentage  of that we're                                                               
going to accept."                                                                                                               
                                                                                                                                
MR. SIMON pointed  out that the federal employees draw  a cost of                                                               
living allowance (COLA), and suggested  that the federal standard                                                               
may be skewed with what the actual living costs are in Alaska.                                                                  
                                                                                                                                
CHAIR WILSON agreed, and observed  this as the reason that Alaska                                                               
uses 135  percent of the  federal poverty level vs.  100 percent,                                                               
when determining eligibility for this benefit.                                                                                  
                                                                                                                                
MR.  SIMON  inquired  how this  contrasts  with  previous  senior                                                               
benefit levels.                                                                                                                 
                                                                                                                                
CHAIR  WILSON speculated  that  a set  amount  was utilized,  and                                                               
offered to have this clarified by the department.                                                                               
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  offered  that  the  amount  had  been                                                               
frozen,  using the  2005 poverty  level,  but that  has now  been                                                               
released to  allow the benefit to  keep pace with cost  of living                                                               
increases.                                                                                                                      
                                                                                                                                
CHAIR  WILSON  opined  that   this  modification  should  protect                                                               
seniors  from  being  denied benefits,  if  they  are  borderline                                                               
eligible, as happened in the past year.                                                                                         
                                                                                                                                
MR. SIMON commented that a "one  size fits all" approach does not                                                               
always work  in Alaska, with  the wide variation of  living costs                                                               
between the  urban and  remote areas.   He  urged passage  of the                                                               
bill.                                                                                                                           
                                                                                                                                
3:17:38 PM                                                                                                                    
                                                                                                                                
PAT  LUBY, Advocacy  Director,  American  Association of  Retired                                                               
Persons (AARP), stated support for  HB 148, citing the importance                                                               
of  the governor's  proposal to  include annual  indexing of  the                                                               
program based on  the federal poverty level.   He suggested three                                                               
areas that  require additional consideration by  the legislature:                                                               
the  assets test  limiting  the savings  of  elders; raising  the                                                               
monthly stipend  from $120 to  possibly $150; and the  gap, which                                                               
140  seniors  experienced,  due  to  the  federal  poverty  level                                                               
adjustment.                                                                                                                     
                                                                                                                                
3:20:02 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
3:20:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON referred to the  fiscal note, and asked why                                                               
the yearly total  for FY 2013 indicates a $7  million increase to                                                               
$12  million; the  previous 5  year totals  are approximately  $5                                                               
million.                                                                                                                        
                                                                                                                                
3:20:48 PM                                                                                                                    
                                                                                                                                
JANET  CLARKE, Assistant  Commissioner,  Department  of Health  &                                                               
Social  Services  (DHSS), explained  how  the  FY 2013  total  is                                                               
effected by  the five year  sunset clause,  requiring legislative                                                               
action for  reauthorization.   She described  the fiscal  note in                                                               
further detail.                                                                                                                 
                                                                                                                                
3:24:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  stated that  the fiscal note  is confusing,                                                               
particularly  because  it  is  projected  for  a  future  budget.                                                               
Further,  he  attempted to  establish  how  the Alaska  Longevity                                                               
Bonus  (ALB)  projections  and  the  Senior  Care  Program  costs                                                               
interface in the fiscal note analysis.                                                                                          
                                                                                                                                
MS. CLARKE directed the committee's  attention to the second page                                                               
of the fiscal  note, labeled Assumptions, and  explained that the                                                             
fiscal note is consistent with the established assumptions.                                                                     
                                                                                                                                
[Further committee  discussion ensued to clarify  the fiscal note                                                               
assumptions in conjunction with the two senior programs.]                                                                       
                                                                                                                                
3:28:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON requested  that the  committee receive  an                                                               
analysis for  HB 148, without  the complication of  other issues,                                                               
or  a contingency  based  on the  passage of  another  bill.   He                                                               
referred to page  2, line 4, and asked if  the age 65 requirement                                                               
should state "must be Medicare  eligible," to correspond with any                                                               
federal changes that may occur.                                                                                                 
                                                                                                                                
MS. CLARKE responded, "This is  a state funded program; the state                                                               
can set the rules.   The current rules are 65."   She pointed out                                                               
that this is a cash benefit,  which sets it apart from a Medicare                                                               
health benefit.                                                                                                                 
                                                                                                                                
3:36:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   moved  to  report  HB   148  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
amended  fiscal notes.   There  being  no objection,  HB 148  was                                                               
reported out of  the House Health, Education  and Social Services                                                               
Standing Committee.                                                                                                             
                                                                                                                                
HB 136-DENTAL HYGIENISTS                                                                                                      
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL NO. 136, "An Act relating to dental hygienists."                                                                     
                                                                                                                                
3:37:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   BILL   STOLTZE,    Alaska   State   Legislature,                                                               
introduced  HB 136,  as prime  sponsor.   He explained  that this                                                               
bill serves two purposes:   allowing dental hygienists to perform                                                               
work,  which they  feel capable  of undertaking;  and creating  a                                                               
policy directive  that will allow  preventative oral  health care                                                               
in underserved areas of the state.                                                                                              
                                                                                                                                
CHAIR WILSON  stated her intention  to hear testimony on  HB 136,                                                               
and hold it in committee for further consideration.                                                                             
                                                                                                                                
3:40:22 PM                                                                                                                    
                                                                                                                                
BEN MULLIGAN, Staff to Representative  Bill Stoltze, Alaska State                                                               
Legislature,  presented  HB  136,  on  behalf  of  Representative                                                               
Stoltze, prime sponsor, paraphrasing  from the sponsor statement,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
      The provisions of House Bill 136 follow the expanded                                                                      
       functions of dental hygienists in other states to                                                                        
     improve  access  to   preventative  oral  health  care.                                                                    
     Specifically, HB 136:                                                                                                      
                                                                                                                                
     1.  Allows   a  licensed  dental  hygienist   to  place                                                                    
     "fillings"  into  a  cavity   prepared  by  a  licensed                                                                    
     dentist.                                                                                                                   
                                                                                                                                
     2.     Authorizes  a   licensed  dental   hygienist  to                                                                    
     administer  local anesthetic  agents under  the general                                                                    
     supervision of a licensed dentist.                                                                                         
                                                                                                                                
     3.  Permits  a licensed dental hygienist  to enter into                                                                    
     a collaborative  agreement with  a licensed  dentist in                                                                    
     which the  dentist authorizes  the dental  hygienist to                                                                    
     perform certain duties stipulated  under HB 136 without                                                                    
     the supervision of the dentist.                                                                                            
                                                                                                                                
MR.  MULLIGAN stated  that currently  a hygienist  is allowed  to                                                               
administer   local   anesthetic   agents   under   the   indirect                                                               
supervision   of   a   licensed   dentist.      Additionally,   a                                                               
collaborative agreement could be  entered into, which would allow                                                               
a hygienist to  perform the expanded functions, as  listed in the                                                               
bill.                                                                                                                           
                                                                                                                                
3:41:19 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  defined "direct supervision" as  having the dentist                                                               
in  the  same  room,  "indirect supervision"  requires  that  the                                                               
doctor be in the same  building, and "general supervision" allows                                                               
the  hygienist to  perform  procedures under  the  auspices of  a                                                               
dentist.                                                                                                                        
                                                                                                                                
REPRESENTATIVE STOLTZE  opined that HB 136  will sanction actions                                                               
that already occur, to some degree, in dental offices.                                                                          
                                                                                                                                
3:43:05 PM                                                                                                                    
                                                                                                                                
DELISA CULPEPPER,  Chief Operating Officer, Alaska  Mental Health                                                               
Trust   Authority,  Department  of  Revenue, stated  departmental                                                               
support for  HB 136, stating that  it will be "a  good move," and                                                               
will  support  efforts  to provide  dental  care  throughout  the                                                               
state.    Dental hygienists  were  licensed  to administer  local                                                               
anesthesia in  1976, she reported,  and have been  practicing the                                                               
procedures with no  adverse consequences.  Placing  fillings in a                                                               
prepared   [tooth]  is   something   that  "nation-wide,   dental                                                               
hygienists have done  for years, and [it  has] proven effective."                                                               
The collaborative agreement  will help to address  dental care in                                                               
rural Alaska and  the hub communities.  She also  pointed out the                                                               
significant support for this bill from various dental agencies.                                                                 
                                                                                                                                
3:44:57 PM                                                                                                                    
                                                                                                                                
SONIA   HANDFORTH-KOME,  Executive   Director,  Iliuliuk   Health                                                               
Clinic, stated support  for HB 136, and she  described the clinic                                                               
as a 501(c)(3) non-profit community  health center.  Prior to the                                                               
time when  the clinic employed  a fulltime dentist, the  area was                                                               
served by two dentists who traveled  to the clinic on a part-time                                                               
basis.   The hygienist lived in  the community but was  unable to                                                               
serve  the  "thousands"  of patients,  preventive  or  otherwise,                                                               
because  there  was  not  a  dentist in  town.    Inhibiting  the                                                               
hygienists from  providing continuous, preventive care,  does not                                                               
keep pace with  the mid-level provider concept that  is common in                                                               
the health care  profession.  She opined that  the practice makes                                                               
sense  for  non-profit,  as well  as  for-profit,  practitioners.                                                               
This is a  cost effective way to increase access  to dental care,                                                               
and to invoke a  habit in people to visit a  dental office.  With                                                               
regular  dental care,  diabetes and  other health  issues can  be                                                               
addressed.                                                                                                                      
                                                                                                                                
3:48:29 PM                                                                                                                    
                                                                                                                                
VICKY  HOFF, Alaska  Dental Hygiene  Association, stated  support                                                               
for HB 136, stressing the  importance of the potential impact for                                                               
increasing  the hygienist's  scope  of practice.   The  hygienist                                                               
will still be supervised by a  dentist, but will have the ability                                                               
to provide a local anesthetic and  perform involved work.  In the                                                               
villages,  she reported,  if  a deep  cleaning  requires a  local                                                               
anesthetic the hygienist is currently unable to be of service.                                                                  
                                                                                                                                
3:50:13 PM                                                                                                                    
                                                                                                                                
JENNIFER  MCELROY,  Dental   Hygienist,  Kenai  Peninsula  Dental                                                               
Hygiene  Association, stated  support for  HB 136,  and expressed                                                               
concern  particularly for  the senior  group, and  nursing homes.                                                               
She  reported  that  these  homes,   including  ones  located  in                                                               
community hubs,  are not  visited by  dentists, although  many of                                                               
these  seniors are  unable to  access  a dental  office.   Having                                                               
someone who can  visit the senior's in group or  nursing homes is                                                               
important,  and cost  effective,  she opined,  and stressed  that                                                               
oral health is important for total health.                                                                                      
                                                                                                                                
3:53:15 PM                                                                                                                    
                                                                                                                                
GAIL WALDEN,  Dental Hygienist,  Member, Alaska  Dental Hygienist                                                               
Association,  stated  support  for   HB  136,  paraphrasing  from                                                               
prepared statement,  which read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     The needs of Alaskans are  not being met by the current                                                                    
     oral health care delivery system.                                                                                          
                                                                                                                                
     Current   statutes  and   regulations  prevent   dental                                                                    
     hygienists  from  providing  oral health  care  to  the                                                                    
     public in non-traditional settings.                                                                                        
                                                                                                                                
     Dental  hygienists receive  a comprehensive  education,                                                                    
     are  licensed,  and regulated  by  the  state, we  have                                                                    
     mandatory continuing education and CPR requirements.                                                                       
                                                                                                                                
     Ultimately, hygienists are not  being utilized to their                                                                    
     full potential.                                                                                                            
                                                                                                                                
     The Alaska  Board of  Dental Examiners,  which licenses                                                                    
     and regulates  dentists and  dental hygienists,  met in                                                                    
     February and voted  to support HB 136.   They concluded                                                                    
     that the  proposed statute changes are  consistent with                                                                    
     their vision  to ensure that  all Alaskans  receive the                                                                    
     best possible care.                                                                                                        
                                                                                                                                
     In addition to BODE, HB  136  has also received support                                                                    
     from  the Oral  Health Coalition,  Alaska Primary  Care                                                                    
     Association, and the AARP.                                                                                                 
                                                                                                                                
     Restorative Function License Endorsement                                                                                   
                                                                                                                                
     Creates an  efficient health care delivery  system that                                                                    
     increases the number of patients  that can be seen in a                                                                    
     limited amount of time.                                                                                                    
                                                                                                                                
     Procedures would  be done under the  direct supervision                                                                    
     of  a  licensed dentist,  and  by  hygienists that  are                                                                    
     educated  and  licensed  to  provide  these  additional                                                                    
     services.                                                                                                                  
                                                                                                                                
     The   curriculum,  examining,   and   licensing     for                                                                    
     restorative functions by  dental hygienists has already                                                                    
     been  established  in  such states  as  Washington-just                                                                    
     needs to be implemented in Alaska.                                                                                         
                                                                                                                                
     Local Anesthesia                                                                                                           
                                                                                                                                
     Statutes since 1981, there  has never been disciplinary                                                                    
     action  taken against  hygienist for  administration of                                                                    
     local anesthesia under the current statutes.                                                                               
                                                                                                                                
     Dental  Hygienists need  and  use  local anesthesia  to                                                                    
     reduce  stress   and  provide   pain  control   in  the                                                                    
     treatment of moderate to advanced gum disease.                                                                             
                                                                                                                                
     Under general  supervision a dentist is  still required                                                                    
     to  diagnose and  treatment plan  the patient's  needs:                                                                    
     and    whether or  not  a  hygienist administers  local                                                                    
     anesthesia without the dentist  in the practice remains                                                                    
     at the discretion of the supervising dentist.                                                                              
                                                                                                                                
     There are  40 states  where hygienists are  licensed to                                                                    
     administer local  anesthesia, 2 of those  states ID and                                                                    
     OR   can  deliver   local   anesthesia  under   general                                                                    
     supervision.                                                                                                               
                                                                                                                                
     Collaborative Agreement                                                                                                    
                                                                                                                                
     Has  the potential  to provide  the greatest  impact to                                                                    
     Alaskan communities.                                                                                                       
                                                                                                                                
     Allows  hygienists  with  experience to  enter  into  a                                                                    
     written agreement with a dentist  that must be approved                                                                    
     by the Board of Dental Examiners.                                                                                          
                                                                                                                                
     The hygienist would be able  to provide services listed                                                                    
     under the  agreement without supervision, and  prior to                                                                    
     the dentist seeing the patient.                                                                                            
                                                                                                                                
     Would  allow hygienists  access  to  nursing homes  and                                                                    
     hospital  facilities,  homebound individuals,  schools,                                                                    
     Head-Start  Programs, and  rural  areas where  dentists                                                                    
     are rarely available.                                                                                                      
                                                                                                                                
     Intended benefit  is to reach individuals  that are not                                                                    
     receiving  care and  provide  preventive services  that                                                                    
     not only  increase oral health  but general  health and                                                                    
     well being.                                                                                                                
                                                                                                                                
     In Conclusion                                                                                                              
                                                                                                                                
     All of  these dental hygiene statute  changes have been                                                                    
     implemented in other states and  have proven to be safe                                                                    
     and  effective.    All   statutes  show  our  continued                                                                    
     professional  commitment   to  working  collaboratively                                                                    
     with dentists  and providing services to  the public by                                                                    
     dental  professionals that  are  formally educated  and                                                                    
     licensed by the State of Alaska.                                                                                           
                                                                                                                                
     Dental  hygienists cannot  be self  employed therefore,                                                                    
     we cannot hold all liability.                                                                                              
                                                                                                                                
     Dental hygienists  can purchase liability,  $77/yr with                                                                    
     2million per incident, 4 million aggregate.                                                                                
                                                                                                                                
     Dentists   still  have   discretion   over  whether   a                                                                    
     hygienist  delivers  local   anesthesia  under  general                                                                    
     supervision-not  in  the  office,  do  not  schedule  a                                                                    
     procedure or person that requires LA.                                                                                      
                                                                                                                                
     With  a collaborative  agreement,  if  a dentist  isn't                                                                    
     comfortable with  taking on  the liability  of whatever                                                                    
     procedure then don't include it in the agreement.                                                                          
                                                                                                                                
3:57:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STOLTZE pointed out that these witnesses have                                                                    
offered supportive testimony, representing the various regions                                                                  
of the state.                                                                                                                   
                                                                                                                                
3:57:46 PM                                                                                                                    
                                                                                                                                
DAVID  LOGAN,  Doctor  of   Dentistry,  Chairman,  Alaska  Dental                                                               
Society (ADS), stated  opposition to HB 136,  paraphrasing from a                                                               
written statement,  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     If  the goal  is  to increase  services in  underserved                                                                    
     areas  HB  136,  as  currently written,  will  at  best                                                                    
     marginally  increase those  services.   The ADS  feels,                                                                    
     with  some modifications,  HB136 could  be enhanced  to                                                                    
     meet those goals, however.   I will address one part of                                                                    
     the  bill; also,  that we  feel should  be removed  for                                                                    
     public safety.                                                                                                             
                                                                                                                                
     We support  the addition  of restorative  functions but                                                                    
     feel  all qualified  auxiliaries  (both hygienists  and                                                                    
     assistants)   should  be   allowed  to   perform  those                                                                    
     functions.                                                                                                                 
                                                                                                                                
     We  would encourage  allowing the  board set  standards                                                                    
     under regulation  but do not  object to  requiring WREB                                                                    
     [Western   Regional    Examining   Board]   restorative                                                                    
     endorsement or equivalent.                                                                                                 
                                                                                                                                
     18  other  states  allow  all  auxiliaries  to  perform                                                                    
     restorative functions;  only one  state limits  this to                                                                    
     hygienists.                                                                                                                
                                                                                                                                
     We  support  coronal  polishing   and  scaling  by  all                                                                    
     auxiliaries  under  direct   or  indirect  supervision.                                                                    
     This is  not currently a  provision of HB136  and would                                                                    
     greatly  improve the  delivery  of  dental services  in                                                                    
     currently underserved areas.                                                                                               
                                                                                                                                
     We believe local anesthesia  should remain under direct                                                                    
     or indirect supervision                                                                                                    
     A provision  of the  medical and dental  professions is                                                                    
     "Primum  non nocere"  - first  do no  harm -  while the                                                                    
     goal of increased delivery is  laudable we are bound to                                                                    
     follow this dictum.                                                                                                        
                                                                                                                                
     The  level  of  training  of hygienists  is  less  than                                                                    
     dentists  for delivery  of  anesthetic, recognition  of                                                                    
     medical   complications  and   delivery  of   emergency                                                                    
     services.                                                                                                                  
                                                                                                                                
     If  the  goal  is  to  increase  usage  in  underserved                                                                    
     locations a caveat is these  areas will more often than                                                                    
     not  be  in  remote  locations and  the  farthest  from                                                                    
     medical help.                                                                                                              
                                                                                                                                
     To put  it bluntly  the procedures we  are recommending                                                                    
     be included  in this bill  are generally safe  and even                                                                    
     if performed  incorrectly are  easily remedied.   Local                                                                    
     anesthesia,  if performed  incorrectly, is  one of  the                                                                    
     few ways in dentistry you can kill a patient.                                                                              
                                                                                                                                
     Regarding the collaborative agreement                                                                                      
                                                                                                                                
     We  do   not  feel   development  of   a  collaborative                                                                    
     agreement, and  increasing a  level of  bureaucracy, is                                                                    
     necessary                                                                                                                  
                                                                                                                                
     We  feel all  qualified  auxiliaries, meeting  criteria                                                                    
     set  by  the  board,  should be  able  to  provide  the                                                                    
     following  in  underserved   areas  under  the  general                                                                    
     supervision of a dentist                                                                                                   
                                                                                                                                
          Coronal scaling and polishing                                                                                         
                                                                                                                                
          Placement of temporary restorations                                                                                   
                                                                                                                                
          Collection   of   records   for   diagnosing   and                                                                    
          treatment planning the patient                                                                                        
                                                                                                                                
          Application of topical preventative agents                                                                            
                                                                                                                                
     These  are  safe  procedures  that  do  not  require  a                                                                    
     dentist  to   render  a   diagnosis.     The  remaining                                                                    
     provisions,  removal of  overhangs, root  planning (non                                                                    
     surgical  therapy),  use   of  chemotherapeutic  agents                                                                    
     beyond topical  applications should be done  only after                                                                    
     a  dentist   has  accessed,  diagnosed   and  treatment                                                                    
     planned the patient.                                                                                                       
                                                                                                                                
     Having  care  delivered  under general  supervision  as                                                                    
     opposed  to  the   collaborative  agreement  will  help                                                                    
     insure continuation  of patient  care and  treatment of                                                                    
     the patient's greatest needs.                                                                                              
                                                                                                                                
     What  separates a  dentist from  the  remainder of  the                                                                    
     dental team  is the ability to  diagnosis and treatment                                                                    
     plan a patient.   Dental procedures can be  taught in a                                                                    
     piece  meal  fashion,  the  ability  to  diagnosis  and                                                                    
     treatment  plan,  however,   requires  the  ability  to                                                                    
     understand  the  entire  oral   structure  and  how  it                                                                    
     interrelates with  the rest of  the body.  This  is not                                                                    
     so easily taught  and one of the  reasons dental school                                                                    
     remains  a difficult  venture taking  twice as  long as                                                                    
     hygiene school and  the same length of  time as medical                                                                    
     school.                                                                                                                    
                                                                                                                                
     The  procedures  we  are recommending  be  included  in                                                                    
     HB136   should   be   in  place   for   all   qualified                                                                    
     auxiliaries.   This  will allow  increased delivery  of                                                                    
     dental services  in underserved areas.   The changes we                                                                    
     are recommending,  however, are  changes that  are safe                                                                    
     for  the  public,  procedures that  are  reversible  in                                                                    
     nature  and  will not  harm  the  patients.   For  that                                                                    
     reason we  would encourage  adopting those  changes but                                                                    
     removing the proposed change  to allow local anesthesia                                                                    
     under general supervision.                                                                                                 
                                                                                                                                
4:03:08 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON inquired  if  the  intent is  to  allow the  dental                                                               
assistant to perform the same procedures as the hygienist.                                                                      
                                                                                                                                
DR. LOGAN  explained that  the line of  demarcation is  whether a                                                               
procedure requires  work "above" or  "below" the gum line.   Work                                                               
above the  gum line is considered  a general skill in  the dental                                                               
field, and  easily taught.   However, to  perform work  below the                                                               
gum  line  requires  specialized  training.   In  response  to  a                                                               
question  he stated  that assistants  are taught  below gum  line                                                               
procedures by the dentist.                                                                                                      
                                                                                                                                
4:04:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH referring to  previous testimony of the                                                               
safe practice of  anesthetic delivery by hygienists  and asked if                                                               
he is aware of any case where a hygienist has caused harm.                                                                      
                                                                                                                                
DR. LOGAN said, "I do not specifically  know of a case.  No."  He                                                               
offered that  there are national  statistics that  report adverse                                                               
anesthetic delivery by both doctors and hygienists.                                                                             
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  inquired whose business  license would                                                               
"be on the  line if there was a  mishap" involving administration                                                               
of an anesthetic, given the collaborative agreement requirement.                                                                
                                                                                                                                
DR.  LOGAN   interpreted  the   legislation  to   indicate  joint                                                               
responsibility, and liability.   He clarified that  this would be                                                               
borne  by  the  professional  licenses of  the  dentist  and  the                                                               
hygienist.                                                                                                                      
                                                                                                                                
4:06:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  predicted   that  the  subject  would                                                               
become  mute,  if the  bill  requires  a collaborative  agreement                                                               
between  a  hygienist  and dentist,  and  the  dentists  maintain                                                               
opposition.                                                                                                                     
                                                                                                                                
DR.  LOGAN  stated hope  that  the  legislature would  alter  the                                                               
aspect of the  bill that requires a collaborative  agreement.  He                                                               
declined to speculate  on whether dentists would  choose to enter                                                               
into a collaborative agreement.                                                                                                 
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  pointed out that the  current language                                                               
would provide the  dentist a safeguard to  evaluate a hygienists'                                                               
abilities,  and make  a knowledgeable  decision whether  to enter                                                               
into a collaborative oversight agreement,  on an individual, case                                                               
by  case, basis.    She expressed  surprise  that dentists  would                                                               
oppose such legislation.                                                                                                        
                                                                                                                                
DR.  LOGAN stressed  that he  would not  personally enter  into a                                                               
collaborative  agreement with  anyone whom  he does  not directly                                                               
employ.                                                                                                                         
                                                                                                                                
4:08:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA summarized the  situation of dental care in                                                               
the  Bush.   Comparing  it  to the  level,  and availability,  of                                                               
general health  care provided by  public health nurses,  she said                                                               
that dental  care has  been non-existent.   It has  been reported                                                               
that  patients  have  required Medivac  service,  due  to  dental                                                               
neglect.   She opined that,  although dentists may be  opposed to                                                               
this  bill, a  moral  responsibility exists  for  the sharing  of                                                               
knowledge, and  professional assistance.  She  urged that perhaps                                                               
the  dental association  could offer  suggestions  to solve  this                                                               
"embarrassment to the state."                                                                                                   
                                                                                                                                
4:11:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  stated support  for HB 136,  indicating his                                                               
agreement  with Representative  Fairclough's  point  that, as  it                                                               
stands, the  language allows a  dentist the flexibility  to enter                                                               
into  an  agreement or  not.    Further,  he stated  accord  with                                                               
Representative Cissna's concern for  providing dental care to the                                                               
Bush communities.                                                                                                               
                                                                                                                                
4:12:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   moved  to  report  HB   136  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  There being no  objection, HB 136 was reported out                                                               
of  the  House Health,  Education  and  Social Services  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
HB 159-STILLBIRTH CERTIFICATE                                                                                                 
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
HOUSE  BILL NO.  159,  "An  Act relating  to  the  issuance of  a                                                               
certificate of birth resulting in a stillbirth."                                                                                
                                                                                                                                
4:13:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARL GATTO,  Alaska State  Legislature, presented                                                               
HB  159,  as  prime  sponsor, stating  that  there  are  national                                                               
organizations, which  have taken  up the matter  of acknowledging                                                               
stillbirths.   These  organizations  have formed  to address  the                                                               
situation referred to as Sudden  Antenatal Death Syndrome (SADS).                                                               
Directing attention  to the  committee packet,  he read  from "An                                                               
Open  Letter to  Members  of the  Alaska  Legislature," from  the                                                               
National   Stillbirth   Society,   Inc.  [not   dated;   original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     The  issuance of  a Certificate  of Birth  Resulting in                                                                    
     Stillbirth does not  impact in any way  a woman's right                                                                    
     to   choose  to   terminate   her   pregnancy.     Such                                                                    
     certificates are  issued only for  deliveries following                                                                    
     naturally occurring fetal deaths.   Women who choose an                                                                    
     elective termination  of their pregnancy  would neither                                                                    
     be required to obtain  a Certificate of Birth Resulting                                                                    
     in Stillbirth, nor would they  even be eligible for the                                                                    
     reason  elective  terminations  don't fall  within  the                                                                    
     definition of a "stillbirth".                                                                                              
                                                                                                                                
4:15:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO offered that  the society was established in                                                               
2001,  and the  founder is  available to  answer the  committee's                                                               
questions.   Recalling his experience  of assisting  with births,                                                               
he said  that a live birth  is "a joy," that  is equally balanced                                                               
by the  "shear devastation"  of a  stillbirth.   This legislation                                                               
asks  that  the  parent's  be  provided  with  a  certificate  to                                                               
acknowledge the birth, even though  it was a stillbirth, he said,                                                               
and noted that this action has no connection to Roe v. Wade.                                                                    
                                                                                                                                
4:18:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES established  that  the request  is for  the                                                               
issuance  of a  "certificate  of birth",  not  "live" birth,  and                                                               
suggested that  the issuance of  a Permanent Fund  Dividend (PFD)                                                               
check, could present a problem.   Also, an estate may stand to be                                                               
inherited by the first born grandchild.   If the grandchild has a                                                               
certificate  of birth,  but does  not  exist, the  intent of  the                                                               
inheritance may  be altered.   Offering support for the  bill, he                                                               
asked   whether  these   unintended  consequences   need  to   be                                                               
addressed.                                                                                                                      
                                                                                                                                
4:20:25 PM                                                                                                                    
                                                                                                                                
SANDRA WILSON,  Staff to Representative Carl  Gatto, Alaska State                                                               
Legislature clarified  that HB 159  would allow  vital statistics                                                               
to issue  a certificate  stipulating a birth  that resulted  in a                                                               
stillbirth.  Additionally,  it would state that the  child not be                                                               
counted, statistically, as a  live birth; effectively disallowing                                                               
them to  qualification for a PFD.   She opined that  the question                                                               
of inheritance could be addressed similarly.                                                                                    
                                                                                                                                
4:21:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  understanding  how the  certificate  would                                                               
read, retracted his concerns.                                                                                                   
                                                                                                                                
4:22:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  maintained the concern that  an issued                                                               
certificate represents  a quantitative  factor, entered  into the                                                               
statistical   birth  records,   and  suggested   that  unintended                                                               
consequences may result.                                                                                                        
                                                                                                                                
4:23:01 PM                                                                                                                    
                                                                                                                                
PHILLIP  MITCHELL,  Section  Chief, Bureau  of  Vital  Statistics                                                               
(BVS),  Department of  Health &  Social  Services (DHSS),  stated                                                               
support for  HB 159, and  offered suggestions for amendment.   He                                                               
described  the current  practice of  issuing a  death certificate                                                               
when a child  is stillborn, following a gestation of  20 weeks or                                                               
more.   Current  statutes  provide  for the  issuance  of a  live                                                               
certificate of  birth, or a  death certificate only;  however, he                                                               
reported the  parents often  request an  official acknowledgement                                                               
of the  birth.  A statutory  provision to issue a  certificate of                                                               
birth would  help the  parents deal with  their loss,  he opined.                                                               
The information  needed to  provided a  certificate of  birth, is                                                               
already  available  to the  BVS,  contained  in the  fetal  death                                                               
certificate.  He directed the  committee's attention to a copy of                                                               
the  vital statistics  form titled  "Certificate of  Live Birth."                                                               
This form is  used to generate a certified copy  of birth, issued                                                               
to the  parents.  Directing  attention to the bureau  form titled                                                               
"Certificate of  Fetal Death," he  described it as  a combination                                                               
birth/death  certificate.    He recommended  that  an  additional                                                               
vital statistics  form would constitute a  duplication of effort,                                                               
but that  a stillbirth certificate  could be issued based  on the                                                               
information  gathered  on  the   birth/death  certificate.    The                                                               
ability to issue  a stillbirth certificate, he said,  is merely a                                                               
matter of authorization.                                                                                                        
                                                                                                                                
4:26:28 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  acknowledged the trauma  that a  parent experiences                                                               
with the  birth of a still  child, and stressed that  an official                                                               
certificate would be a supportive gesture.                                                                                      
                                                                                                                                
MR.  MITCHELL,  reiterated  that   a  stillbirth  certificate  is                                                               
currently  possible,  pending   legislative  authorization.    He                                                               
pointed out  that the participating states  issue a commemorative                                                               
certificate,  similar  to  Chair  Wilson's  description.    To  a                                                               
member's  question, he  restated that  creating, and  maintaining                                                               
files for, a  document titled "Certificate of  Birth Resulting in                                                               
Stillbirth," would be a duplication of effort.                                                                                  
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH stated, "I  support a separate piece of                                                               
paper that is indicating a life."                                                                                               
                                                                                                                                
4:31:09 PM                                                                                                                    
                                                                                                                                
MR. MITCHELL relayed  that subsection (g) refers  to the issuance                                                               
of a  "delayed" certificate   He suggested  that this  section be                                                               
reworded  to  allow a  parent  to  request  the  BVS to  issue  a                                                               
certificate of  stillbirth, without  regard to whether  the fetal                                                               
death occurred  on, before, or  after the effective date  of this                                                               
act.     Subsection  (g)   is  intended   to  allow   parents  to                                                               
retroactively request a stillbirth  certificate, and an amendment                                                               
to this subsection  would provide BVS clearer  authority to issue                                                               
a stillbirth certificate, regardless  of when the event occurred.                                                               
Responding to  a question,  he stated  that about  50 stillbirths                                                               
occur each year in Alaska.                                                                                                      
                                                                                                                                
4:32:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH offered  support for  an amendment  to                                                               
allow  retroactive  certificates,  and   asked  that  wording  be                                                               
provided, for a motion.                                                                                                         
                                                                                                                                
4:33:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER maintained a  concern for the legal issues                                                               
raised previously by Representative Roses.                                                                                      
                                                                                                                                
CHAIR WILSON speculated that legal concerns may exist.                                                                          
                                                                                                                                
4:34:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES asked if statute  requires the issuance of a                                                               
death certificate.                                                                                                              
                                                                                                                                
MR. MITCHELL  answered that a  death certificate is  required for                                                               
anyone who dies in the state.                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROSES   inquired  if   a  birth   certificate  is                                                               
required, regardless of whether "a parent requests one."                                                                        
                                                                                                                                
MR. MITCHELL  responded that the  bureau is required to  create a                                                               
birth record; however, a copy is only issued on request.                                                                        
                                                                                                                                
REPRESENTATIVE ROSES  compared the  information requested  on the                                                               
two certificates  currently issued  by the  BVS:   Certificate of                                                               
Fetal Death, and Certificate of Live Birth.                                                                                     
                                                                                                                                
MR. MITCHELL noted  that the Certificate of  Fetal Death requests                                                               
a "date  of delivery" vs. a  "date of birth" because  currently a                                                               
stillborn  infant  is not  recognized  as  being  born live.    A                                                               
stillbirth certificate would also reflect a date of delivery.                                                                   
                                                                                                                                
REPRESENTATIVE  ROSES  pursued  a   discussion  of  renaming  the                                                               
Certificate  of  Fetal Death,  to  include  "or Stillbirth,"  and                                                               
including appropriate information categories.                                                                                   
                                                                                                                                
4:38:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO stressed  that the purpose of HB  159 is not                                                               
to  do clerical  and accounting  work, or  to modify  the current                                                               
fetal death  certificate.  A  parent already has access  to these                                                               
records.   The intent  here is to  provide a  mother/parents with                                                               
something that  they don't have,  a tangible acknowledgment.   He                                                               
opined that the  legal issues can be addressed  to facilitate the                                                               
issuance of a certificate of stillbirth.                                                                                        
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  agreed that a grieving  family wants a                                                               
recognition  of the  birth of  a child,  that at  some point  was                                                               
viable.                                                                                                                         
                                                                                                                                
4:40:27 PM                                                                                                                    
                                                                                                                                
DARRELL  LOGULLO,  Volunteer,  Mother's  in  Sympathy  &  Support                                                               
(MISS) Foundation,  stated support for HB  159, paraphrasing from                                                               
a   prepared  statement,   which   read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Please create Alaska's "Certificate of Birth Resulting                                                                     
         In Stillbirth."  These six words are of vital                                                                        
     importance.  Here is why:                                                                                                  
                                                                                                                                
     'Stillbirth  protocols',  and  the  medical  courtesies                                                                    
     given to mothers throughout  Alaskan hospitals (or lack                                                                    
     thereof)  dictate the  parents  may  be given  mementos                                                                    
     such  as the  baby's  "crib-card," the  wrist or  ankle                                                                    
     bands, or  the handprints associated with  the birth of                                                                    
     their baby.  Yet parents  of stillborn babies check out                                                                    
     of  the hospital  with empty  arms,  broken hearts  and                                                                    
     sent home  with deep wounds.   It's easy  to understand                                                                    
     that any  "tangible item"  from these  traumatic events                                                                    
     could  be  considered   essential  in  the  bereavement                                                                    
     process.                                                                                                                   
                                                                                                                                
     Under  this bill,  parents who  lose a  child after  20                                                                    
     weeks of  gestation would be  issued a  "Certificate of                                                                    
     Birth Resulting in Stillbirth."                                                                                            
                                                                                                                                
     As of this  letter, the State of South  Dakota has been                                                                    
            th                                                                                                                  
     the  15   state  in the  United  States  to adopt  such                                                                    
     meaningful  legislation.   Please support  the specific                                                                    
     wording,   "Certificate    of   Birth    Resulting   in                                                                    
     Stillbirth."   If  your colleagues  have concerns  over                                                                    
     pro-choice  issues,  consider following  Florida's  law                                                                    
        th                                                                                                                      
     (14    state),   and  adding   clear  language,   "This                                                                    
     Certificate  Is Not  Proof of  Live  Birth," to  squash                                                                    
     those concerns.                                                                                                            
                                                                                                                                
     Please do not  allow the wording to be  changed, or any                                                                  
     amendments offered  to dilute or diminish  the issue of                                                                    
     "birth."   Birth is  a process:   Life  or death  is an                                                                    
     outcome.  To  no fault of the parents,  their child was                                                                    
     born  dead.    Your  great   state  can  deem  it  very                                                                    
     appropriate  to acknowledge  all of  Alaska's stillborn                                                                    
     children.   The fact  is:  they  lived, they  died, and                                                                    
     that even in  their deaths, all of  these children very                                                                    
     much matter.                                                                                                               
                                                                                                                                
4:49:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked how the states, which have                                                                      
adopted this action, have addressed the legal aspects.                                                                          
                                                                                                                                
MR.  LOGULLO  stated that  primarily  states  have made  this  an                                                               
optional  document,   to  assist  families  in   the  bereavement                                                               
process,   not   a   political   mandate.      Inheritance,   and                                                               
transference,  concerns  have  been   addressed  by  including  a                                                               
disclaimer on  the document  stating that "this  is not  proof of                                                               
live  birth."   Additionally,  he  stressed the  need  to have  a                                                               
retroactive provision,  to provide the opportunity  for "healing,                                                               
hope,  and help"  to every  mother who  has previously  birthed a                                                               
stillborn.                                                                                                                      
                                                                                                                                
4:52:17 PM                                                                                                                    
                                                                                                                                
RICHARD OLSEN,  Founder, National Stillbirth  Association, stated                                                               
support for HB 159, and underscored  that this is not a political                                                               
question,  but  rather  a recognition  that  an  event  occurred.                                                               
Currently, if  twins are  birthed, one alive  and one  still, the                                                               
stillborn child  is not  certified.   He relayed  a story  of the                                                               
mother  who  formed  the  MISS foundation,  and  the  event  that                                                               
prompted her  to action.   Prior to  the passage of  these bills,                                                               
mothers  have not  been  able to  receive  acknowledgment that  a                                                               
child was  born, albeit still.   He  reported that 80  babies are                                                               
born dead, on  an average day in America; the  mother's have done                                                               
nothing wrong, and  the cause of death  is unknown.  It  is not a                                                               
life  style issue,  he stressed,  and to  get past  the "unknown"                                                               
cause  of death,  the acknowledgment,  and certification,  of the                                                               
birth is helpful.   The numbers of sudden infant  deaths, or crib                                                               
deaths,  are  fewer  than stillborn,  but  widely  discussed  and                                                               
acknowledged.  He  explained, that when his  child was stillborn,                                                               
and  there were  no  activist groups  available,  he founded  the                                                               
National  Stillbirth Association.    He estimated  that over  one                                                               
million  women in  the  United States  have had  to  deal with  a                                                               
stillbirth.                                                                                                                     
                                                                                                                                
4:58:32 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
4:58:50 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  suggested that the  birth certificate could  have a                                                               
section added to  indicate stillbirth, and stressed  the need for                                                               
the parents to  have a certificate made  available to acknowledge                                                               
the birth.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GATTO  directed attention to the  committee packet                                                               
and  the document  examples: "Certificate  of Birth  Resulting in                                                               
Stillbirth," Indiana; and "Certificate of Stillbirth," Iowa.                                                                    
                                                                                                                                
5:02:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES retracted his  previous concerns, and stated                                                               
that  based  on  testimony  heard,   and  the  inclusion  on  the                                                               
certificate that  it does not  prove live birth,  pledged support                                                               
for the bill.                                                                                                                   
                                                                                                                                
5:04:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   stated  that  HB  159   directs  the                                                               
administration  to   word  the  certificate   appropriately,  and                                                               
referring to  page 2, line  5, [subsection  (d)] she read:   "The                                                               
department shall prescribe the form  and content of a certificate                                                               
of  birth resulting  in  stillbirth ..."    Further, she  offered                                                               
Amendment 1, new item [subsection (j)] to read:                                                                                 
                                                                                                                                
     Any  parent may  request  that the  Bureau prepare  and                                                                    
     issue a  certificate of  birth resulting  in stillbirth                                                                    
     without regard to whether the  fetal death occurred on,                                                                    
     or before, or after the effective date of this act.                                                                        
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
5:05:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER requested  assurance that  the unintended                                                               
consequences regarding the question  of inheritance would receive                                                               
legal attention.                                                                                                                
                                                                                                                                
5:05:40 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that HB  159 would be held pending receipt                                                               
of a committee substitute.                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Health, Education and Social  Services Standing Committee meeting                                                               
was adjourned at 5:05 p.m.                                                                                                      

Document Name Date/Time Subjects