02/27/2001 03:03 PM House HES
| Audio | Topic |
|---|
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
February 27, 2001
3:03 p.m.
MEMBERS PRESENT
Representative Fred Dyson, Chair
Representative Peggy Wilson, Vice Chair
Representative John Coghill
Representative Vic Kohring
Representative Sharon Cissna
Representative Reggie Joule
MEMBERS ABSENT
Representative Gary Stevens
COMMITTEE CALENDAR
HOUSE CONCURRENT RESOLUTION NO. 6
Requesting the Governor to declare March 18 - 24, 2001, to be
Inhalants and Poisons Awareness Week.
- MOVED CSHCR 6(HES) OUT OF COMMITTEE
HOUSE BILL NO. 114
"An Act relating to abuse of inhalants."
- HEARD AND HELD
SENATE BILL NO. 21
"An Act increasing the maximum civil fine that may be imposed by
the State Medical Board as a disciplinary sanction."
- MOVED SB 21 OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HCR 6
SHORT TITLE:INHALANTS AND POISONS AWARENESS WEEK
SPONSOR(S): REPRESENTATIVE(S)KAPSNER
Jrn-Date Jrn-Page Action
02/23/01 0409 (H) READ THE FIRST TIME -
REFERRALS
02/23/01 0409 (H) HES
02/27/01 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 114
SHORT TITLE: INHALANT ABUSE
SPONSOR(S): REPRESENTATIVE(S)KAPSNER
Jrn-Date Jrn-Page Action
02/07/01 0263 (H) READ THE FIRST TIME -
REFERRALS
02/07/01 0263 (H) HES, JUD, FIN
02/07/01 0263 (H) REFERRED TO HES
02/21/01 0392 (H) COSPONSOR(S): STEVENS
02/27/01 (H) HES AT 3:00 PM CAPITOL 106
BILL: SB 21
SHORT TITLE: FINES BY THE STATE MEDICAL BOARD
SPONSOR(S): SENATOR(S) OLSON
Jrn-Date Jrn-Page Action
01/10/01 0037 (S) READ THE FIRST TIME -
REFERRALS
01/10/01 0038 (S) JUD, FIN
01/23/01 0144 (S) JUD RPT 4DP
01/23/01 0144 (S) DP: TAYLOR, ELLIS, COWDERY,
THERRIAULT
01/23/01 0144 (S) FN1: ZERO(CED)
02/13/01 0353 (S) FIN RPT 9DP
02/13/01 0353 (S) LETTER OF INTENT WITH FIN
REPORT
02/13/01 0353 (S) DP: DONLEY, KELLY, GREEN,
AUSTERMAN,
02/13/01 0353 (S) HOFFMAN, OLSON, WILKEN,
LEMAN, WARD
02/13/01 0353 (S) FN1: ZERO(CED)
02/16/01 0405 (S) RULES TO CALENDAR 1OR 2/16/01
02/16/01 0409 (S) READ THE SECOND TIME
02/16/01 0410 (S) ADVANCED TO THIRD READING
UNAN CONSENT
02/16/01 0410 (S) READ THE THIRD TIME SB 21
02/16/01 0410 (S) ADOPTED FIN LETTER OF INTENT
02/16/01 0410 (S) PASSED Y15 N- E5
02/16/01 0413 (S) SB 21 TRANSMITTED TO (H)
02/19/01 0363 (H) READ THE FIRST TIME -
REFERRALS
02/19/01 0363 (H) HES, JUD
02/27/01 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE MARY KAPSNER
Alaska State Legislature
Capitol Building, Room 424
Juneau, Alaska 99801
POSITION STATEMENT: Sponsor for HCR 6 and HB 114.
BARBARA BRINK, Director
Public Defender Agency
Department of Administration
900 West 5th Avenue
Anchorage, Alaska 99501
POSITION STATEMENT: Testified on HB 114.
ALVIA ("STEVE") DUNNAGAN, Lieutenant
Department of Public Safety
5700 East Tudor Road
Anchorage, Alaska 99507
POSITION STATEMENT: Testified in support of HB 114.
SANDRA KLEVEN, Clinical Social Worker
Coordinator of the Rural Human Services Program
Yukon-Kuskokwim Health Corporation
P.O. Box 2423
Bethel, Alaska 99559
POSITION STATEMENT: Testified on HB 114.
PAM WATTS, Executive Director
Governor's Advisory Board on Alcoholism and Drug Abuse
Office of the Commissioner
Department of Health & Social Services
P.O. Box 110608
Juneau, Alaska 99801
POSITION STATEMENT: Testified on HB 114.
MARIE LAVIGNE, Executive Director
National Association of Social Workers
Alaska Chapter
4220 Resurrection Drive
Anchorage, Alaska 99504
POSITION STATEMENT: Testified in support of HB 114.
ROBERT BUTTCANE, Legislative & Administrative Liaison
Division of Juvenile Justice
Department of Health & Social Services
P.O. Box 110635
Juneau, Alaska 99811
POSITION STATEMENT: Testified on HB 114.
SENATOR DONALD OLSON
Alaska State Legislature
Capitol Building, Room 510
Juneau, Alaska 99801
POSITION STATEMENT: Sponsor of SB 21.
CATHERINE REARDON, Director
Division of Occupational Licensing
Department of Community & Economic Development
P.O. Box 34159
Juneau, Alaska 99803
POSITION STATEMENT: Testified on SB 21.
ACTION NARRATIVE
TAPE 01-20, SIDE A
Number 0001
CHAIR FRED DYSON called the House Health, Education and Social
Services Standing Committee meeting to order at 3:03 p.m.
Members present at the call to order were Representatives Dyson,
Coghill, Cissna, and Joule. Representatives Wilson and Kohring
joined the meeting as it was in progress.
HCR 6-INHALANTS AND POISONS AWARENESS WEEK
CHAIR DYSON announced the committee would hear testimony on
HOUSE CONCURRENT RESOLUTION NO. 6, Requesting the Governor to
declare March 18 - 24, 2001, to be Inhalants and Poisons
Awareness Week.
Number 0149
REPRESENTATIVE MARY KAPSNER, Alaska State Legislature, came
forth as sponsor of HCR 6. She explained that the third week of
March is nationally recognized as inhalant abuse awareness week.
She expressed her desire for Alaska to join in the effort in
recognizing the detrimental effects of inhalant abuse, which is
what HCR 6 requests.
CHAIR DYSON asked Representative Kapsner to explain the problem,
what it does to people, and how big a problem it is in Alaska.
REPRESENTATIVE KAPSNER said, from her understanding, inhalant
abuse has had serious, far-reaching effects all over the nation
as well as in Alaska, including rural Alaska. She stated that
inhalants affect all of the major organs, especially the brain.
A first-time user could die, and repeated users become retarded.
She added that inhalants could also affect the reproductive
organs. She remarked that this isn't like FAS (fetal alcohol
syndrome), where a woman has to worry about drinking for just
nine months of her pregnancy. If an eight- or ten-year- old is
involved in inhalants, there could be repercussions for
generations to come.
Number 0314
REPRESENTATIVE KAPSNER remarked that part of the problem is that
this activity is not illegal, and a lot of the older kids know
that. There's nothing VPSOs (village public safety officers)
and clinicians can do to persuade older kids from using
inhalants. Inhalant use is very addictive. Because the
inhalant is "huffed" it goes into the system quickly and gives
the users an immediate rush, sense of power, and euphoria.
CHAIR DYSON asked Representative Kapsner to list commercial
products that are easily available in homes and stores that kids
could use.
REPRESENTATIVE KAPSNER answered that any type of aerosol, glue,
gasoline, and something known as whip-its from whipped cream can
be inhaled. She added that part of her reluctance in listing
all the products is that she doesn't want to give any young
listeners ideas as to things that can get them high. She
continued saying that treatment facilities have been known to
lock up markers, whiteout, and any kind of aerosol. Locks have
to be put on gas tanks because people who go into treatment are
often found wandering in the parking lot huffing out of the gas
tanks. She stated that the hard thing is that none of these
things are contraband, but are easily accessible and deadly.
REPRESENTATIVE CISSNA stated that the really tough thing about
inhalant abuse is that it is not just what happens when a person
inhales; the substances that are used are dangerous as well. She
shared that when her foster daughter was in her early teens, she
accepted a jar of gasoline to inhale, and it caught on fire and
"melted" half of her face.
REPRESENTATIVE KAPSNER informed the committee that 1,400
products are considered to be inhalants.
CHAIR DYSON reiterated the intent of HCR 6. He expressed the
hope that people would understand the problem.
Number 0620
REPRESENTATIVE JOULE asked if the governor's proclamation will
reach all the communities and how.
REPRESENTATIVE KAPSNER answered that it may be possible to
attach intent language to the resolution.
REPRESENTATIVE JOULE remarked that he thinks it would be
beneficial to enlist the help of school districts in order to
get this information to all of the schools.
REPRESENTATIVE KAPSNER noted that she had spoken with the person
in charge of the Head Start programs in Bethel and asked her if
she could do some education at that level, when younger users
are starting to get involved with inhalants. She added that it
definitely should be discussed at the elementary level.
Number 0800
CHAIR DYSON proposed a conceptual amendment: on page 2, line
17, change the period to a comma and insert, "using every means
they can to inform Alaskan children and families about the
dangers of inhalants."[No objection was stated.]
Number 0832
REPRESENTATIVE JOULE made a motion to move HCR 6 as amended out
of committee with individual recommendations and the attached
zero fiscal note. There being no objection, CSHCR 6(HES) moved
from the House Health, Education and Social Services Standing
Committee.
HB 114-INHALANT ABUSE
CHAIR DYSON announced the committee would hear testimony on
HOUSE BILL NO. 114, "An Act relating to abuse of inhalants."
Number 0884
REPRESENTATIVE MARY KAPSNER, Alaska State Legislature, came
forth as sponsor of HB 114. She stated that HB 114 provides
public safety officials, medical personnel, and the courts
leverage to place individuals who use and abuse inhalants into
rehabilitation. She mentioned that in 1999 she went to Bethel
for the inhalant abuse conference held by YKHC (Yukon-Kuskokwim
Health Corporation). At the conference she realized that
because inhalant abuse is not illegal, village public safety
officers (VPSOs) and health aides have no leverage in convincing
kids not to [use inhalants].
Number 0942
REPRESENTATIVE KAPSNER stated that although inhalant abuse is
not a new problem, it is reaching "rampant proportions"
throughout Alaska and among youth across the nation. She noted
that as of January 1999, 24 other states had passed laws
addressing inhalant abuse, ranging from punishing people who
sell contrabanded items that were used for inhalants to
punishing people who abused inhalants. The laws vary greatly in
content, from sending individuals to treatment to criminalizing
their behavior. She remarked that one of the problems is the
lack of treatment facilities, which are very different from drug
and alcohol abuse facilities. She added that it could take 30
or 40 days just to "detox" people to the point that they can
accept treatment. For example, she said, sometimes the brain
retardation is so severe [from inhalant abuse] that patients
don't have any auditory memory and their only hope of treatment
is through art therapy.
REPRESENTATIVE KAPSNER stated that at one of the YKHC inhalant
abuse conferences, U.S. Senator Frank Murkowski received a very
heartfelt plea from one of the elders. He told Senator
Murkowski that his grandson was a victim of inhalant abuse and
asked how he [Senator Murkowski] could help. Senator Murkowski
was able to secure funding for construction and the first three
years of operation for a treatment facility in Bethel, to be
completed on October 31, 2001. She noted that there are
currently only two other treatment facilities [in the U.S.], in
South Dakota and Texas, and that Canada has around ten
facilities.
Number 1050
REPRESENTATIVE KAPSNER continued, stating that a 1998 survey by
YKHC found that during 1996 and 1997, 161 Alaskans sought
treatment for inhalant abuse at drug and alcohol programs.
During the same period 46 people with a history of inhalant
abuse died. A 1993 survey by the Indian Health Service in
Alaska looked at the cost to society of inhalant abusers if they
are left untreated. That study found that a 19-year-old with a
chronic history of inhalant abuse, and with significant brain or
organic damage, would cost society $1.4 million dollars over a
lifetime of treatment, medical care, social services, law
enforcement, and court costs.
Number 1108
REPRESENTATIVE COGHILL asked if there were facilities in the
rest of the state.
REPRESENTATIVE KAPSNER answered that to her understanding, all
abusers will be sent to this facility [in Bethel]. House Bill
114 will help medical personnel and law enforcement to make an
assessment of an individual. It will not send first-time
inhalant users who are six years old to the treatment facility,
but will only send the chronic users and abusers.
Number 1183
BARBARA BRINK, Director, Public Defender Agency. Department of
Administration, testified via teleconference. She said that the
Alaska Public Defender Agency agrees that inhalant abuse is a
very serious problem, not only in the rural locations but also
among Alaskan urban youth. She stated that the agency's main
concern with the bill is it seems to take an immediate approach
to criminalization. She stated that Sections 1 and 2 of the
bill make [abuse of inhalants] a class B misdemeanor defense,
and require that children who are huffing or using these
substances go through the adult district court process. She
stated that the agency's first concern with this is that the
district court process is antithetical to providing the kind of
care and treatment that kids need. She remarked that, for
example, last year Bethel handled over 982 misdemeanor cases,
while the juvenile court only handled about 57 cases. She added
that the criminal justice system doesn't work well with
addictive behaviors, but works really well at holding people
accountable and punishing them with jail time. The court system
itself is struggling to take new approaches, including a
therapeutic course. She stressed that [this bill] is jumping
the gun and leaping immediately to a criminalization process,
and she feels that the civil commitment idea is the best
approach.
Number 1261
MS. BRINK continued, stating that if there have already been 150
people or so requesting treatment, it appears that coercion is
not necessary. If this act were changed from a class B
misdemeanor to a violation, the danger that kids could be jailed
for this behavior would be reduced. She suggested there be a
less criminalizing approach first. She stated that the other
potential problem involves the fiscal note report. When an act
is considered a crime, prosecution and defense must be provided.
With a class B misdemeanor, a person is entitled to make a
request for appointed counsel and a jury trial. If this were a
simple violation, those things wouldn't take place.
MS. BRINK concluded that perhaps [Alaska] should look at other
states' prevention, treatment, and encouragement methods.
Number 1352
REPRESENTATIVE JOULE asked if it is a crime when minors consume
alcohol.
MS. BRINK replied that currently it is looked at as a violation;
however, since driver's licenses can be automatically revoked
through DMV (Department of Motor Vehicles), a level of due
process is required, including a request for appointed counsel
and a jury trial.
Number 1398
CHAIR DYSON asked, to clarify, if Ms. Brink was recommending
that this be dealt with as a violation in juvenile court and not
as a misdemeanor.
MS. BRINK answered yes.
CHAIR DYSON asked at what age she thinks it would be proper for
these violations to be heard in adult court.
MS. BRINK replied that in situations other than status offenses
when a person is using a substance that is causing damage only
to that person, her recommendation would be to leave it at [age]
18. She said that the juvenile court is set up much better to
take into account an individual juvenile offender's needs. She
added that included in the juvenile statute there is a section
that requires a division to develop the individual case plan for
each child.
Number 1463
REPRESENTATIVE JOULE asked if a bill had been passed in the last
few years concerning somebody who was hurting kids or taking
kids for the purpose of huffing. He added that if not, maybe
this is a point where somebody would be sent to the adult
courts.
MS. BRINK responded that she does not recall anything previously
done in that area. However, she said, Representative Joule's
question brings up a whole other arena of how to regulate this
behavior. She remarked that, as Representative Kapsner pointed
out, the whole trouble is that [inhalant products] are readily
available. She suggested taking a look at what is done in the
alcohol arena and regulating household goods to discourage
people from buying them in the grocery store.
Number 1553
ALVIA DUNNAGAN, Lieutenant, Department of Public Safety,
testified via teleconference. He stated that he deals with the
legislative information on bills that are proposed. He said the
Department of Public Safety supports this bill and does not
anticipate a fiscal impact.
CHAIR DYSON stated that he hoped Lieutenant Dunnagan would
remark on the magnitude of the problem in his jurisdiction.
LIEUTENANT DUNNAGAN replied that there are many cases in rural
Alaska where young people and adolescents are abusing inhalants
to the point of (indisc.) and death. He said taking any
enforcement actions is tough, because [inhalant abuse] is not
against the law. He added that looking back in the past year,
there are only a handful of cases documented as actual abuse of
inhalant cases. The reason is that there's a myriad of things
abuse cases can be attributed to or classified, as such as
medical assists or suspicious circumstances. He remarked that
if VPSOs and troopers working in the villages in rural Alaska
had some kind of enforcement authority, more people would be
made aware of the fact that there needs to be some kind of
intervention before the problem gets too serious.
CHAIR DYSON reiterated that he had specifically asked if
Lieutenant Dunnagan had any information on how extensive the use
is in the urban areas.
LIEUTENANT DUNNAGAN replied that he does not know.
Number 1731
SANDRA KLEVEN, Clinical Social Worker and Coordinator of the
Rural Human Services Program, Yukon-Kuskokwim Health Corporation
(YKHC), came forth to testify on HB 114. She shared several
experiences and observations relating to inhalant abuse:
I admitted an 11-year-old boy to our short-term
residential facility that described a history of gas
sniffing. He was also recovering from third degree
burns to his arm and abdomen as a result of using a
lighter to illuminate the shed where he was sniffing.
Our team admitted a 10-year-old girl to "Charter" who
continued to experience hallucinations long after the
effects of gas sniffing should have cleared her
system. I assessed a 10-year-old who couldn't seem to
quit, and whose family was terrified but overcome by a
sense of helplessness trying to confine him to home,
but unable to watch him every minute. My experience
with this family gave me a sense of how addictive gas
sniffing could be. This boy wanted to quit but
couldn't quit.
MS. KLEVEN continued, stating:
I've also had experience with adult inhalant abusers.
Our clinical team meets every morning to review crisis
calls, and certain long-term clients surface again and
again needing shelter and care. These are men in
their 20s whose minds have been permanently impaired
from sniffing, who still cannot stop. They get in
trouble in their villages, create problems in their
families; they begin to be outcasts. They surface in
our emergency system lost, homeless, and in need of
assistance.
Number 1825
MS. KLEVEN continued, stating:
In most villages chronic gas sniffers are known to
public safety officials. The VPSOs have told me how
helpless they are to intervene, as there is no law
against using inhalants. They're helpless as they
watch young people destroy themselves and others.
Village counselors have tried to respond by passing
local ordinances, but there's no effective
enforcement.
MS. KLEVEN remarked that the most horrific impact she wanted to
share occurred almost two years ago at the start of Holy Week.
She remarked:
A man in his 20s, impaired from gas sniffing, shot and
killed his seven-month-old niece because her cries
bothered him. Her two-year-old brother witnessed the
shooting. The village was devastated [in] the
aftermath of this tragedy. Our behavioral health
program was asked to lend support and I flew in with
the Alaska State Troopers. As I climbed from the
plane, I could see clear plastic bags containing
tagged evidence ready to be loaded in the plane.
Included was the baby's walker the tray splattered
with blood. I visited the family's home and tried to
replay in my mind the events of the day before. The
village health aides who had responded to the call,
which knew this baby and this family, were in anguish,
and two have since resigned due to post-traumatic
stress, in spite of our efforts to meet their needs.
Number 1911
MS. KLEVEN concluded that in August 2001 when the treatment
facility will open in Bethel to serve young people throughout
the state, this bill could serve as an adjunct to treatment
services, lending authority to intervention efforts.
REPRESENTATIVE JOULE asked why people are [using inhalants].
MS. KLEVEN responded that it is impossible to know if it is a
habitual activity that moves from one child to another, or a
result of problems in the home where children are looking for an
odd type of self-medication to escape from troubles. She added
that maybe, in the course of doing treatment work with children,
more of the motivating and mitigating factors will be
discovered.
Number 1973
CHAIR DYSON asked if she has a sense that the kids are informed
of the danger and are doing it anyway.
MS. KLEVEN replied yes.
CHAIR DYSON asked if it is her sense that parents have been
actively warning [the children].
MS. KLEVEN answered yes, and said the parents are often moved to
the point of frustration and losing their temper with these
children. She remarked that this is where she gets the sense
that it is as addictive as for a late-stage alcoholic, the urge
to continue once it's become habitual.
CHAIR DYSON asked if there is any knowledge about the success of
when a kid is detoxified and there hasn't been organic damage,
and he or she receives some kind of behavior modification
treatment.
Number 2044
MS. KLEVEN replied that there is not a lot of success to look
for. She added that as the Bethel program is being developed,
[YKHC] has been visiting the programs in Canada and the Lower
48, in order to reach all of the expertise available.
CHAIR DYSON suggested that gas tanks have locking gas caps and
parents have a locked box at home. He asked whether the amount
of inhalants is so pervasive that isolation of [the products] is
impractical.
MS. KLEVEN replied that she thinks it could help. In response
to an earlier point, she has heard that after some prevention
efforts in the schools, when the substances have been shown, the
level of [inhalant] use increased. As a result, there is
caution when showing pictures and examples. She added that all
of the products mentioned are used throughout the state, and
that in Bush Alaska gas is the primary choice.
Number 2134
PAM WATTS, Executive Director, Advisory Board on Alcoholism &
Drug Abuse, Office of the Commissioner, Department of Health &
Social Services, came forth in support of HB 114. She stated
that the advisory board worked with Representative Kapsner's
office last year helping to put this bill together. She
remarked that there is not an easy answer to this problem of
inhalant abuse. She stated that the advisory board supports
efforts to intervene early with inhalant abusers. She added
that it is not necessary for every person to go into residential
treatment; however, often that might be the case when
intervening with chronic users. Having the treatment facility
in the state will certainly be an asset.
Number 2199
MS. WATTS remarked that last year the advisory board supported
Representative Kapsner's efforts to modify the Title 47
involuntary commitment statute to be able to civilly commit
persons who are abusing inhalants. After working with some
legal support this year, [the Advisory Board on Alcoholism &
Drug Abuse] has some problems with [the involuntary commitment
statute], because inhalants are different than alcohol and other
drugs. However, the nature of the Title 47 involuntary
commitment statute is that there must be significant proof that
the individual is an alcoholic or is addicted to some drug. She
said that [the Advisory Board on Alcoholism & Drug Abuse] is
concerned that a lot of these people, particularly the young
folks, can't wait that long. As mentioned, there are some
concerns with making this a misdemeanor, but [the Advisory Board
on Alcoholism & Drug Abuse] has heard from some of the VPSOs
that this is the only way to intervene with some of these kids.
If [the VPOs] sees a young person huffing, there is no crime to
charge him or her with, because it isn't against the law.
Number 2232
MS. WATTS continued, stating that on the other hand, a person
may be taken in on a Title 47, 12-hour protective custody and
put in jail who has specific medical needs. There is a chance
those needs won't be met and that that person could die. She
clarified that with the Title 47 there is the protective
custody; there is also the involuntary commitment, initially for
up to 30 days, and then possible recommitment for 180 days.
Number 2271
MS. WATTS concluded that [the Advisory Board on Alcoholism &
Drug Abuse] would like to continue supporting Representative
Kapsner in forwarding legislation to protect these vulnerable
citizens. However, [the Advisory Board on Alcoholism & Drug
Abuse] does have some concerns about the way it is at present.
Number 2338
REPRESENTATIVE JOULE asked if the name of her board [Advisory
Board on Alcoholism & Drug Abuse] was expanded at one point to
include inhalants.
MS. WATTS replied that it wasn't.
REPRESENTATIVE JOULE remarked that at some point the issue of
inhalants was also tacked on to the duties of the Division of
Alcoholism & Drug Abuse.
MS. WATTS responded that she believes that is accurate,
statutorily; however, it is not in the title of the advisory
board. To clarify, she stated that the board certainly supports
inclusion of inhalants.
TAPE 01-20, SIDE B
Number 2378
MARIE LAVIGNE, Executive Director, National Association of
Social Workers (NASW), Alaska Chapter, came forth as
representative of over 500 professional social workers in
support of HB 114. She stated:
As you have heard, inhalant abuse is a serious problem
in Alaska, and it has reached epidemic proportions.
This is a public health emergency that we're facing
that warrants a comprehensive public health approach
to address inhalant abuse, including a comprehensive
range of prevention and intervention. House Bill 114,
in our opinion, is a significant contribution toward
addressing this problem. National Association of
Social Workers eagerly awaits the opening of the first
inhalant abuse treatment center in Alaska and
continued opportunities for comprehensive prevention.
The experience of our members and social work practice
is Alaska has taught us that intervening at the
earliest possible opportunity is critical, as inhalant
abuse can kill its user on the first attempt. As
you've heard today, brain damage and significant
health concerns also result from inhalant use.
Number 2320
MS. LEVIGNE remarked that the NASW has two concerns with HB 114.
She stated:
National Association of Social Workers encourages you
to recognize that inhalant users are the very young,
adolescents, and adults. We have individuals seeking
help and mental health support services across Alaska
who are adults who are also abusing inhalants, and we
need to make sure that legislation includes services
and resources for both youth and adults. The NASW
also has concern with the stigma that may be attached
from criminalization of inhalant use, and we encourage
the sponsors to consider other alternatives. However,
we recognize, more importantly, there's an outcry from
our communities and from our members across Alaska
that we need resources to respond to this epidemic of
inhalant use and to offer our public health aids, our
VPSOs, and other law enforcement officers the
opportunity to respond and protect inhalant users.
Intervening at the earliest opportunity [is] critical
to prevent and treat those who are using inhalants,
and we encourage you to support HB 114.
Number 2220
ROBERT BUTTCANE, Legislative & Administrative Liaison, Division
of Juvenile Justice (DJJ), Department of Health & Social
Services (DHSS), came forth to comment on HB 114. He said that
in his experience in Juneau he has not encountered a bill that
has evoked such levels of discussion and consideration as HB
114. He said that he has learned more about inhalant abuse in
the past two weeks than he has known in his entire life.
Remarking on what others have said in previous testimony, Mr.
Buttcane stressed that [inhalant abuse] is a serious problem and
that it is not a new problem. He stated that it is something
people have turned a blind eye to, in part because it is very
easy to become overwhelmed with the magnitude of what might need
to be done in order to address or respond to this issue. To do
nothing could well cost people their lives; to do anything
almost makes a commitment to do everything, which would be an
incredible commitment of financial, personal, and medical
resources to address this problem.
Number 2106
MR. BUTTCANE stated that what he thinks HB 114 is trying to
accomplish is to identify those people who do abuse inhalants,
to find some way to formally and systematically separate out
those people who maybe are just starting to experiment, from
those who are addicted, and who have suffered physiological and
neurological damage, in order to respond appropriately.
Number 2085
MR. BUTTCANE stated that after identifying these kids, it is
necessary to assess, to educate, and to treat. He added that at
that point, fiscal ramifications and impacts need to be
addressed.
CHAIR DYSON asked if Mr. Buttcane's has experienced, in the
criminal justice system, kids who are "huffing" and who are also
doing other criminal activity.
MR. BUTTCANE responded that in the juvenile justice system there
is not a good understanding of the extent of this problem and
how it associates with other delinquent offenses. Based on the
discussion in the past couple of weeks, it is the DJJ's belief
that there are "huffers" in the youth facilities after they have
committed delinquent offenses. However, this issue has not been
assessed because it has not been part of the standard screening
process. He wondered, now, if some individuals who were thought
to have one issue have this issue as well [being inhalant
abusers].
Number 2010
REPRESENTATIVE JOULE commented that it has been the Division of
Alcoholism & Drug Abuse's responsibility, for some time, to deal
with inhalants. He asked, to be addressed at the next meeting,
whether there have been any efforts and requests from the
[Department of Health & Social Services] to the legislature to
do anything.
Number 1994
CHAIR DYSON stated that the committee is going to suspend the
hearing on HB 114. [HB 114 was held over.]
SB 21-FINES BY THE STATE MEDICAL BOARD
CHAIR DYSON announced the committee would hear testimony on
SENATE BILL NO. 21, "An Act increasing the maximum civil fine
that may be imposed by the State Medical Board as a disciplinary
sanction."
Number 1948
SENATOR DONALD OLSON, Alaska State Legislature, came forth as
sponsor of SB 21. He stated that he had introduced SB 21 in
order to increase the monetary sanctions that the State Medical
Board may impose on a licensee for professional or ethical
misconduct. This bill increases the maximum penalty from the
$10,000 limit that is currently in statute to $25,000.
SENATOR OLSON remarked that he feels the need for SB 21 is
twofold. First, he said, he believes the maximum sanction of
$10,000 does not provide a sufficient monetary deterrent, given
the economic status of many licensees. Often the severity of
the penalty is not equivalent to the damage caused in extreme
cases of misconduct. Furthermore, the $10,0000 limit has not
changed since it was first enacted 14 years ago. Senator Olson
stated that a second reason for SB 21 is the increasing costs
that the board is experiencing in its caseload management of
misconduct allegations. It is not unusual for the cost of a
misconduct determination to exceed the $10,000 penalty limit.
Since the activities of the board are wholly supported by
licensure, fees, and fines, the increased cost of operations
usually translates into license fee increases. Therefore, SB 21
offers a second way to meet the increasing caseload costs by
expanding the board's cost recoverability through increased
fees. In practice, the financial burden for this regulatory
activity may be shifted more from the general membership to the
wrongdoers themselves.
Number 1853
SENATOR OLSON concluded, stating that currently the board has
188 cases that are open for potential investigation and
adjudication by the Division of Occupational Licensing. During
the calendar year 2000, 130 new cases were opened and 133
closed. This effort resulted in 35 disciplinary actions against
State Medical Board licensees. In fiscal year 2000, the cost of
pursuing misconduct charges exceeded $160,000.
REPRESENTATIVE JOULE asked why there is no effective date on the
bill.
Number 1811
CATHERINE REARDON, Director, Division of Occupational Licensing,
Department of Community & Economic Development, replied that the
bill does not need to have [an effective date]. Without [a
specified] effective date, the bill takes effect 90 days after
the governor signs it.
CHAIR DYSON asked if the fines being applied to the department
are mentioned in the code.
MS. REARDON replied that the Occupational Licensing Board, such
as the State Medical Board, are governed by AS 08.01.065 (c),
which states that the revenue generated from each profession has
to cover the costs of licensing and regulating that profession.
She explained that when the [Division of Occupational Licensing]
does the calculations to see if [the medical professionals] are
financially self-sufficient, [the Division of Occupational
Licensing] does credit that board or professional with the fine
money and license fee money that comes in.
CHAIR DYSON questioned that. He noted that it has been
important not to allow law enforcement to reap the rewards of
more fines.
Number 1723
REPRESENTATIVE COGHILL noted that on page 2, line 5, of the
bill, language [allows] a fine to be imposed. However, the body
of the bill includes intent language [that allows a sliding
scale]. Therefore, he asked if there are other discretionary
measures that allow for a sliding scale, other than that intent
language.
SENATOR OLSON replied that the intent of the bill wasn't so much
to do away with a sliding scale, but to make sure [that the
amount of the fee] is more in alignment with the egregious acts
that [the medical practitioners] have committed.
REPRESENTATIVE COGHILL clarified that he is wondering if the "of
not more than" language gives the latitude that is being sought.
He asked if it would be more appropriate to say, "up to but no
more than". He remarked that this certainly would be challenged
in court, and, therefore, he wondered whether the intent
language should be clearly stated in the statutory language.
SENATOR OLSON replied that he hadn't looked at it that way. He
explained that in creating the bill, it was necessary that the
fines stay in place; however, the maximum penalty was able to
reach a degree more indicative of the finding of misconduct.
REPRESENTATIVE COGHILL reiterated his aforementioned concerns.
Number 1597
CHAIR DYSON related his belief that SB 21 is simple, and that
all that is being done is changing the upper limit such that the
fine [more accurately] reflects the [violation]. He announced
his position that the House Health, Education and Social
Services Standing Committee would want all medical practitioners
to be as ethical as possible, and would want the occupational
licensing process to work at weeding out the "bad guys."
Number 1540
REPRESENTATIVE COGHILL made a motion to move SB 21 out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, SB 21 moved from
the House Health, Education and Social Services Standing
Committee.
Number 1531
CHAIR DYSON called an at-ease at 4:12 p.m. in order to hear the
Association of Alaska School Boards' overview. [The minutes for
the Association of Alaska School Boards' overview are in the
4:16 p.m. cover sheet for the same date.]
| Document Name | Date/Time | Subjects |
|---|