Legislature(2017 - 2018)CAPITOL 106

03/06/2018 03:00 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 351 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 290 CRIMINAL JUSTICE COMMISSION: MEMBERSHIP TELECONFERENCED
Moved HB 290 Out of Committee
+= HB 268 OPIOID PRESCRIPTION INFORMATION TELECONFERENCED
Moved CSSSHB 268(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                         March 6, 2018                                                                                          
                           3:09 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bryce Edgmon, Vice Chair                                                                                         
Representative Sam Kito                                                                                                         
Representative Geran Tarr                                                                                                       
Representative David Eastman                                                                                                    
Representative Jennifer Johnston                                                                                                
Representative Matt Claman (alternate)                                                                                          
Representative Dan Saddler (alternate)                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ivy Spohnholz, Chair                                                                                             
Representative Colleen Sullivan-Leonard                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 351                                                                                                              
"An Act  relating to care  of juveniles and to  juvenile justice;                                                               
relating  to employment  of juvenile  probation  officers by  the                                                               
Department of Health and Social  Services; relating to terms used                                                               
in  juvenile justice;  relating to  mandatory reporters  of child                                                               
abuse or  neglect; relating to adjudication  of minor delinquency                                                               
and   the  deoxyribonucleic   acid  identification   registration                                                               
system; relating to sexual assault  in the third degree; relating                                                               
to sexual assault  in the fourth degree;  repealing a requirement                                                               
for  administrative revocation  of  a  minor's driver's  license,                                                               
permit, privilege to drive, or  privilege to obtain a license for                                                               
consumption or possession of alcohol  or drugs; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 290                                                                                                              
"An  Act  relating  to  the membership  of  the  Alaska  Criminal                                                               
Justice Commission; and providing for an effective date."                                                                       
                                                                                                                                
     - MOVED HB 290 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 268                                                                                       
"An Act relating to the  prescription of opioids; relating to the                                                               
Department  of  Health  and  Social  Services;  relating  to  the                                                               
practice  of dentistry;  relating  to the  practice of  medicine;                                                               
relating to  the practice of  podiatry; relating to  the practice                                                               
of osteopathy; relating to the  practice of nursing; and relating                                                               
to the practice of optometry."                                                                                                  
                                                                                                                                
     - MOVED CSSSHB 268(HSS) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 351                                                                                                                  
SHORT TITLE: JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                             
SPONSOR(s): REPRESENTATIVE(s) SPOHNHOLZ                                                                                         
                                                                                                                                
02/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/16/18       (H)       HSS, JUD                                                                                               
03/06/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 290                                                                                                                  
SHORT TITLE: CRIMINAL JUSTICE COMMISSION: MEMBERSHIP                                                                            
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/19/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/18       (H)       HSS, JUD                                                                                               
03/01/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/01/18       (H)       Heard & Held                                                                                           
03/01/18       (H)       MINUTE(HSS)                                                                                            
03/06/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 268                                                                                                                  
SHORT TITLE: OPIOID PRESCRIPTION INFORMATION                                                                                    
SPONSOR(s): GARA                                                                                                                
                                                                                                                                
01/12/18       (H)       PREFILE RELEASED 1/12/18                                                                               
01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (H)       HSS, L&C                                                                                               
01/22/18       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
01/22/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/18       (H)       HSS, FIN                                                                                               
01/30/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
01/30/18       (H)       Heard & Held                                                                                           
01/30/18       (H)       MINUTE(HSS)                                                                                            
02/15/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
02/15/18       (H)       -- MEETING CANCELED --                                                                                 
02/22/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
02/22/18       (H)       Heard & Held                                                                                           
02/22/18       (H)       MINUTE(HSS)                                                                                            
02/27/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
02/27/18       (H)       Scheduled but Not Heard                                                                                
03/06/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JUDY JESSEN, Staff                                                                                                              
Representative Ivy Spohnholz                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 351 on behalf of the bill                                                                   
sponsor, Representative Spohnholz.                                                                                              
                                                                                                                                
MATT DAVIDSON, Social Services Program Officer                                                                                  
Division of Juvenile Justice                                                                                                    
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and answered questions during                                                                  
discussion of HB 351.                                                                                                           
                                                                                                                                
VALERIE DAVIDSON, Commissioner                                                                                                  
Office of the Commissioner                                                                                                      
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and answered questions during                                                                  
discussion of HB 290.                                                                                                           
                                                                                                                                
CLAIRE GROSS, Staff                                                                                                             
Representative Les Gara                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 268 on behalf of the bill                                                                   
sponsor, Representative Gara.                                                                                                   
                                                                                                                                
CLAIRE RADFORD, Attorney                                                                                                        
Legislative Legal Counsel                                                                                                       
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during discussion of HB                                                               
268.                                                                                                                            
                                                                                                                                
SARA CHAMBERS, Deputy Director                                                                                                  
Juneau Office                                                                                                                   
Division of Corporations, Business, and Professional Licensing                                                                  
Department of Commerce, Community & Economic Development                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions during  discussion of HB                                                             
268.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:09:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  called the House Health  and Social Services                                                             
Standing   Committee    meeting   to    order   at    3:09   p.m.                                                               
Representatives Tarr,  Edgmon, Kito, Claman  (alternate), Saddler                                                               
(alternate), Johnston,  and Eastman were  present at the  call to                                                               
order.   [Representative  Tarr was  the acting  chair during  the                                                               
absence of Chair Spohnholz]                                                                                                     
                                                                                                                                
         HB 351-JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                      
                                                                                                                                
3:10:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  announced that  the first order  of business                                                               
would  be  HOUSE BILL  NO.  351,  "An  Act  relating to  care  of                                                               
juveniles  and to  juvenile justice;  relating  to employment  of                                                               
juvenile  probation  officers by  the  Department  of Health  and                                                               
Social  Services; relating  to terms  used  in juvenile  justice;                                                               
relating  to  mandatory  reporters  of child  abuse  or  neglect;                                                               
relating   to  adjudication   of   minor   delinquency  and   the                                                               
deoxyribonucleic   acid   identification   registration   system;                                                               
relating  to sexual  assault  in the  third  degree; relating  to                                                               
sexual assault in the fourth  degree; repealing a requirement for                                                               
administrative revocation of a  minor's driver's license, permit,                                                               
privilege  to  drive,  or  privilege  to  obtain  a  license  for                                                               
consumption or possession of alcohol  or drugs; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
3:11:22 PM                                                                                                                    
                                                                                                                                
JUDY JESSEN,  Staff, Representative  Ivy Spohnholz,  Alaska State                                                               
Legislature, paraphrased from the  Sponsor Statement [Included in                                                               
members' packets], which read:                                                                                                  
                                                                                                                                
     HB 351  is a statutory  cleanup bill which  updates the                                                                    
     terms used  to describe the facilities  operated by the                                                                    
     Division  of  Juvenile  Justice  and  provides  updated                                                                    
     definitions for  those terms. Current  statutes contain                                                                    
     references to  facilities which  DJJ does  not operate,                                                                    
     and  facilities  that do  not  exist  in the  state  of                                                                    
     Alaska.  The  bill  also   makes  a  clear  distinction                                                                    
     between  the role  of juvenile  probation officers  and                                                                    
     adult   probation   officers   in  places   where   the                                                                    
     difference is  unclear. HB 351  also requires  staff of                                                                    
     juvenile justice to  be added to the  list of mandatory                                                                    
     reporters  of child  abuse and  neglect. These  updates                                                                    
     are necessary  to provide  statutory clarity  to ensure                                                                    
     the  Division  can  manage its  facilities  effectively                                                                    
     throughout the state.                                                                                                      
                                                                                                                                
     Currently, Alaska  Statutes reference places  like work                                                                    
     camps  and  juvenile  detention homes,  which  are  not                                                                    
     recognized or operating in the  state of Alaska. HB 351                                                                    
     adds  juvenile treatment  facility, juvenile  detention                                                                    
     facility,  and temporary  secure juvenile  holding area                                                                    
     as facilities currently being  operated by the division                                                                    
     and  provides  clear  definitions  for  each  of  these                                                                    
     terms. Because references to  these facilities occur in                                                                    
     many  places in  statute, this  bill also  touches upon                                                                    
     many sections  of statute. These changes  are necessary                                                                    
     to provide  the clearest regulation over  facilities in                                                                    
     existence and operated by the DJJ.                                                                                         
                                                                                                                                
3:13:16 PM                                                                                                                    
                                                                                                                                
HB  351  also  clarifies  the role  of  juvenile  and  adult                                                                    
probation officers, first  by distinguishing clearly between                                                                    
the two, and second by  providing a clear definition for the                                                                    
term  juvenile  probation   officer.  These  are  meaningful                                                                    
changes to provide the best  protection for juveniles in the                                                                    
custody of the Division of Juvenile Justice.                                                                                    
                                                                                                                                
     Lastly, HB 351 adds DJJ  staff to the list of mandatory                                                                    
     reporters. It is the Division's  objective to engage in                                                                    
     the  rehabilitation of  juvenile offenders.  Adding DJJ                                                                    
     staff to  the list of mandatory  reporters provides the                                                                    
     best guarantee  that when DJJ  staff discover  cases of                                                                    
     child  abuse and  neglect,  those  cases are  reported,                                                                    
     investigated,  and resolved  for the  best interest  of                                                                    
     the child.                                                                                                                 
                                                                                                                                
     While  these  technical  language  updates  touch  many                                                                    
     sections  of statute,  these  language  changes do  not                                                                    
     significantly alter the authority  of the Division over                                                                    
     juveniles in  its care.  Rather, these  updates protect                                                                    
     juveniles  by making  it clear  where juveniles  can be                                                                    
     placed and  clearly defining the authority  of DJJ, its                                                                    
     staff,  and  facilities   using  current  and  relevant                                                                    
     language.                                                                                                                  
                                                                                                                                
3:14:25 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  paraphrased from the  Sectional Analysis,  which read                                                               
[Included in members' packets] [original punctuation provided]:                                                                 
                                                                                                                                
     Section  1 AS  09.65.255(b):  Deals  with indemnity  of                                                                    
     civil  liability for  the actions  of  minors in  state                                                                    
     custody  Adds  foster  home, definition  reference  for                                                                    
     foster  home, juvenile  treatment facilities,  juvenile                                                                    
     detention  facility,  and treatment  institution.  Adds                                                                    
     references  for the  definitions of  juvenile treatment                                                                    
     facility and treatment institutions                                                                                        
                                                                                                                                
     Section  2   AS  11.41.425(b)(1):  Deals   with  sexual                                                                    
     assault  in the  third degree  Adds staff  who work  in                                                                    
     juvenile  detention facilities  and juvenile  treatment                                                                    
     facilities  to  definition  of sexual  assault  in  the                                                                    
     third degree                                                                                                               
                                                                                                                                
     Section  3   AS  11.41.425(b)(2):  Deals   with  sexual                                                                    
     assault in  the third degree Updates  the definition of                                                                    
     juvenile probation officer.                                                                                                
                                                                                                                                
3:15:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked  in what way Section 2  added to the                                                               
definition of  sexual assault in  the third degree, and  what was                                                               
attempted to be accomplished.                                                                                                   
                                                                                                                                
3:15:49 PM                                                                                                                    
                                                                                                                                
MATT  DAVIDSON,  Social  Services Program  Officer,  Division  of                                                               
Juvenile  Justice,  Department  of Health  and  Social  Services,                                                               
explained that, in  these sections referring to  the sexual abuse                                                               
of a minor and the sexual  assault crimes addressed in AS 11, the                                                               
terms  describing  the  juvenile  staff  and  facilities  already                                                               
existed, and  these were  just conforming  changes.   These staff                                                               
were not  being added and were  being provided as a  reference to                                                               
the  earlier  new  definition.    He  emphasized  that,  for  the                                                               
purposes of sexual assault in the  third or fourth degree, it was                                                               
a  special crime  for staff  of  a juvenile  justice facility  to                                                               
engage in sexual behavior with kids in their care.                                                                              
                                                                                                                                
3:16:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  directed  attention to  Section  24  and                                                               
asked  about  the changes  to  juvenile  probation officers  that                                                               
necessitated these conforming changes.                                                                                          
                                                                                                                                
MR.  DAVIDSON explained  that the  actual definition  of juvenile                                                               
probation  officers was  in  Section 24,  and  that the  existing                                                               
statute, AS  47.12.270, referred to youth  counselors, an earlier                                                               
term for  facility staff  which described  the work  of probation                                                               
officers.    He added  that  this  reference and  definition  had                                                               
existed for decades.  He pointed  out that there was only a minor                                                               
update for the actual work of probation officers in Section 24.                                                                 
                                                                                                                                
3:18:08 PM                                                                                                                    
                                                                                                                                
MS. JESSEN continued her paraphrase  from the Sectional Analysis,                                                               
which read:                                                                                                                     
                                                                                                                                
        Section 4 AS 11.41.427(b)(2): Deals with sexual                                                                         
        assault in the 4th degree. Updates definition of                                                                        
     juvenile probation officer                                                                                                 
                                                                                                                                
3:18:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  if  the new  definition  for  the                                                               
juvenile  probation  officer  position  required  any  additional                                                               
certification, training, or credentials.                                                                                        
                                                                                                                                
MR.  DAVIDSON   explained  that   the  probation   officers  were                                                               
considered  peace officers,  although they  were not  an official                                                               
part  of the  peace officer  corps  and were  not sworn  officers                                                               
similar to  adult probation  officers or  police officers.   They                                                               
did   attend  divisional   training   and  they   did  meet   the                                                               
requirements to fulfill the role.                                                                                               
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  if  the proposed  bill  made  any                                                               
change to adult probation officers.                                                                                             
                                                                                                                                
MR. DAVIDSON  replied that adult probation  officers were already                                                               
cited in statute,  and that the proposed  bill delineated between                                                               
adult  and  juvenile  probation officers  in  the  sections  that                                                               
referenced probation officers, to provide clarity.                                                                              
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether,  if  juvenile  probation                                                               
officer  was  not  specifically   delineated,  this  would  be  a                                                               
reference to adult probation officers.                                                                                          
                                                                                                                                
MR. DAVIDSON replied that this  had been the attempt, although it                                                               
was possible that some references had been missed.                                                                              
                                                                                                                                
3:20:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN offered  his belief  that the  definition                                                               
for  juvenile  probation  officer  was  specifically  asking  the                                                               
department to title these individuals as such.                                                                                  
                                                                                                                                
MR. DAVIDSON stated that the  title of juvenile probation officer                                                               
was  for   personnel  reasons  and   was  attached  to   the  job                                                               
description in AS 47.12.270.                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  about  the substantive  difference                                                               
between  a  juvenile probation  officer  and  a juvenile  justice                                                               
officer.                                                                                                                        
                                                                                                                                
MR.   DAVIDSON  explained   that   the  two   had  separate   job                                                               
descriptions,  duties, and  roles within  the department.   There                                                               
was  also  a  pay  differential,  as well  as  a  difference  for                                                               
experience  and requirements,  and  educational  background.   He                                                               
declared that these were different  positions and did not replace                                                               
each other  in terms  of the  roles in  the Division  of Juvenile                                                               
Justice.  He listed some of the duties of a probation officer.                                                                  
                                                                                                                                
3:23:31 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  continued to paraphrase  from the  sectional analysis                                                               
Section 5,  Section 6, Section  7, Section 8, Section  9, Section                                                               
10, and Section 11, which read:                                                                                                 
                                                                                                                                
                                                                                                                                
     Section 5  AS 11.41.470(3): Deals with  crimes by legal                                                                    
     guardians   Adds   employees  of   juvenile   treatment                                                                    
     institutions and juvenile  and adult probation officers                                                                    
     to list of legal guardians                                                                                                 
                                                                                                                                
     Section 6  AS 11.41.470(5):  Deals with  crimes against                                                                    
     persons  committed  by  a  person   in  a  position  of                                                                    
     authority   Adds    correctional   employee,   juvenile                                                                    
     facility   staff,  and   staff   members  of   juvenile                                                                    
     treatment  institutions  as   people  in  positions  of                                                                    
     authority                                                                                                                  
                                                                                                                                
     Section  7  AS  11.41.470: Deals  with  crimes  against                                                                    
     persons  committed  by  a  person   in  a  position  of                                                                    
     authority Adds definitions  for juvenile facility staff                                                                    
     and treatment institutions                                                                                                 
                                                                                                                                
     Section 8 AS 11.56.760(a):  Deals with orders to submit                                                                    
     to  DNA  testing Clarifies  that  those  who have  been                                                                    
     "adjudicated  delinquent"   may  have  to   submit  DNA                                                                    
     samples                                                                                                                    
                                                                                                                                
     Section 9 AS 11.61.123(e):  Deals with Indecent Viewing                                                                    
     or   Photography   Adds  treatment   institutions   and                                                                    
     juvenile  treatment  facilities  to  list  of  included                                                                    
     facilities.  Provides  references   to  definitions  of                                                                    
     those terms                                                                                                                
                                                                                                                                
     Section  10  AS   14.07.020(a):  deals  with  providing                                                                    
     public education  services Includes  juvenile detention                                                                    
     facilities and juvenile  treatment facilities as places                                                                    
     where  public  education  must  be  provided.  Provides                                                                    
     references to definitions of those terms                                                                                   
                                                                                                                                
     Section  11  AS   14.30.186(a):  Deals  with  providing                                                                    
     special  education   Includes  treatment  institutions,                                                                    
     juvenile  detention facilities,  or juvenile  treatment                                                                    
     facilities as  places where  special education  must be                                                                    
     provided.  Adds  references  to definitions  for  those                                                                    
     terms                                                                                                                      
                                                                                                                                
3:25:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  asked   for  an   explanation  to   the                                                               
functional effect of  the expansion of the  definition in Section                                                               
10, page 4, line 27 for juvenile education services.                                                                            
                                                                                                                                
MR. DAVIDSON  explained that this  section related to  the duties                                                               
of the Department  of Education and Early  Development to provide                                                               
education services  to youth  in the custody  of the  Division of                                                               
Juvenile  Justice in  their facilities.   He  said that  this was                                                               
updating the  references to those  facilities, and it was  not an                                                               
expansion.  He noted that  all the facilities had school district                                                               
operated schools and  he pointed to AS 47.12 for  a definition of                                                               
those facilities.   He stated that  the intent was to  update the                                                               
references  and  ensure  they  were  being  uniformly  referenced                                                               
across  the statute.    He  said that  each  of these  conforming                                                               
changes had  individually been discussed  with the  Department of                                                               
Education and  Early Development.   He added that there  had been                                                               
discussions  regarding  special  education  with  the  Governor's                                                               
Council  on Special  Education and  Disabilities  to ensure  they                                                               
were "hitting our references correctly."                                                                                        
                                                                                                                                
3:27:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked for examples of  juvenile treatment                                                               
facilities.                                                                                                                     
                                                                                                                                
MR. DAVIDSON  explained that, for  the purposes of the  bill, the                                                               
definition of  juvenile treatment  facility was referenced  in AS                                                               
47.12,  and  included  the  four  Division  of  Juvenile  Justice                                                               
institutional treatment  facilities:  McLaughlin Youth  Center in                                                               
Anchorage, the  Bethel Youth Facility,  the Johnson  Youth Center                                                               
in  Juneau, and  the Fairbanks  Youth Facility.   He  pointed out                                                               
that previously some  of the terms had not been  well defined and                                                               
there were not any references provided throughout the statute.                                                                  
                                                                                                                                
3:28:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN,  referring to page  4, line 27,  asked if                                                               
there was a definition of detention.                                                                                            
                                                                                                                                
MR.  DAVIDSON  explained  that the  facilities  operated  by  the                                                               
Division of Juvenile Justice were  referred to as detention homes                                                               
in the  earlier statute,  and these terms  had been  deleted from                                                               
statute.  He  stated that this proposed statute did  not use this                                                               
term, as it was a less specific term.                                                                                           
                                                                                                                                
REPRESENTATIVE  EASTMAN   asked  if  there  were   any  detention                                                               
facilities that were not included  in the definition for juvenile                                                               
detention facility or juvenile treatment  facility.  He asked if,                                                               
during  this transition,  there was  any chance  for someone  "to                                                               
fall through the cracks."                                                                                                       
                                                                                                                                
MR. DAVIDSON explained  that, as the Department  of Education and                                                               
Early  Development was  required to  provide education  services,                                                               
there  was not  a  chance.   He reported  that  a definition  for                                                               
temporary  juvenile holding  areas  was  being added,  explaining                                                               
that  these  were  areas  where  a youth,  who  had  committed  a                                                               
criminal offense  and needed  to be  detained, was  held securely                                                               
while  awaiting transport  to a  juvenile justice  facility.   He                                                               
clarified  that there  was not  an  expectation that  educational                                                               
services  would be  provided at  these facilities,  as they  were                                                               
most often  a "less than six  hour hold and were  waiting for the                                                               
trooper to come and transport that youth... "                                                                                   
                                                                                                                                
MR. DAVIDSON,  in response  to Representative  Eastman, explained                                                               
that  the  Department  of Education  and  Early  Development  did                                                               
provide education  services for youthful offenders  who were held                                                               
in Department of  Corrections facilities, as they  had been tried                                                               
as adults.   He  pointed out  that this  section of  the proposed                                                               
bill   was  addressing   education  in   coordination  with   the                                                               
Department  of  Health and  Social  Services,  and not  with  the                                                               
Department of Corrections.                                                                                                      
                                                                                                                                
3:32:22 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  paraphrased from the  sectional analysis  Section 12,                                                               
Section 13, Section 14, and Section 15, which read:                                                                             
                                                                                                                                
                                                                                                                                
     Section   12  AS   17.37.070(6):  Deals   with  medical                                                                    
     marijuana  Includes  juvenile treatment  facilities  as                                                                    
     facilities  operated   by  the  state  which   are  not                                                                    
     required to provide medical marijuana                                                                                      
                                                                                                                                
     Section  13 AS  18.20.499(2): Deals  with overtime  for                                                                    
     nurses   Adds  "juvenile"   treatment  facilities   and                                                                    
     treatment institutions to  describe facilities operated                                                                    
     by Division of Juvenile Justice                                                                                            
                                                                                                                                
     Section  14 AS  47.10.141(c): Deals  with Runaways  and                                                                    
     Missing Minors Updates terms  used to describe juvenile                                                                    
     detention  facilities  operated   by  the  Division  of                                                                    
     Juvenile Justice and  inappropriate emergency placement                                                                    
     for minors.                                                                                                                
                                                                                                                                
     Section  15 AS  47.10.141(j): Deals  with Runaways  and                                                                    
     Missing  Minors Creates  new definition  for "temporary                                                                    
     secure juvenile  holding area" where  delinquent minors                                                                    
     may  be   kept  while  awaiting  transportation   to  a                                                                    
     juvenile detention  facility or  pending a  court order                                                                    
     in AS 47.10.990                                                                                                            
                                                                                                                                
REPRESENTATIVE TARR offered her belief  that Section 15 offered a                                                               
new definition for "temporary secure holding area."                                                                             
                                                                                                                                
3:33:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked for  clarification that  Section 13                                                               
defined  a  juvenile  treatment  facility as  an  area  in  which                                                               
overtime for nurses was prohibited.                                                                                             
                                                                                                                                
MR. DAVIDSON replied, "That's my understanding."                                                                                
                                                                                                                                
REPRESENTATIVE TARR asked if these  were salaried state employees                                                               
that would not otherwise be eligible for overtime.                                                                              
                                                                                                                                
MR.  DAVIDSON  replied  that  some of  the  salaried  staff  were                                                               
overtime eligible.                                                                                                              
                                                                                                                                
REPRESENTATIVE   SADDLER   referenced   AS   18.24.400,   listing                                                               
facilities which,  under this  amendment, would  include juvenile                                                               
treatment facilities and that "a  nurse in a health care facility                                                               
may not be required or coerced to work overtime."                                                                               
                                                                                                                                
3:34:49 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  paraphrased from the  sectional analysis  Section 16,                                                               
Section 17, Section 18, and Section 19, which read:                                                                             
                                                                                                                                
                                                                                                                                
     Section 16  AS 47.10.990(20):  Deals with  Runaways and                                                                    
     Missing Minors Updates the  definition used to describe                                                                    
     facilities  operated   by  the  Division   of  Juvenile                                                                    
     justice for the temporary secure detention of minors.                                                                      
                                                                                                                                
     Section  17  AS   47.12.025(c):  Arrest  procedure  for                                                                    
     juveniles Clarifies that the  described duties apply to                                                                    
     juvenile  probation   officers,  not   adult  probation                                                                    
     officer.  Updates language  used  to describe  juvenile                                                                    
     facilities and  other areas where delinquent  minor may                                                                    
     be held.                                                                                                                   
                                                                                                                                
     Section 18  AS 47.12.120(b):  Deals with  the placement                                                                    
     of  minors  who have  an  adjudication  order under  AS                                                                    
     47.12.120(b)(1)  Updates  terms   of  facilities  where                                                                    
     minors can be placed                                                                                                       
                                                                                                                                
     Section 19 AS 47.12.120:  Deals with DNA submission for                                                                    
     minors Adds a new subsection  to clarify that minors 16                                                                    
     or  older may  be ordered  to  submit a  DNA sample  if                                                                    
     adjudicated for certain crimes                                                                                             
                                                                                                                                
3:35:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSTON  asked if "16  or older" [in  Section 19]                                                               
was new language, and if so, why was this being added.                                                                          
                                                                                                                                
MR. DAVIDSON explained that the  underlying statute requiring DNA                                                               
submission for adjudicated  delinquents 16 years of  age or older                                                               
already existed  in AS 44,  and this referred to  the delinquency                                                               
statute to bring "that all together."                                                                                           
                                                                                                                                
REPRESENTATIVE SADDLER  asked if there  was a category  of crimes                                                               
committed by a  juvenile that was not already  considered a crime                                                               
committed by an adult.                                                                                                          
                                                                                                                                
MR. DAVIDSON  explained that this was  "kind of a term  of art we                                                               
use which is  the youth that are referred to  the division commit                                                               
delinquent acts  that would  have been  a crime  if they  were an                                                               
adult,  but they  are  delinquents rather  than  criminals."   He                                                               
stated that  the crimes  requiring DNA samples  were crimes  of a                                                               
sexual nature.                                                                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN asked about  the penalty for a 16-year-old                                                               
not submitting to a DNA test.                                                                                                   
                                                                                                                                
MR. DAVIDSON replied that this was  a misdemeanor, as it was part                                                               
of an  adjudication order  and the court  sentence, and  he would                                                               
research the exact crime.                                                                                                       
                                                                                                                                
3:38:32 PM                                                                                                                    
                                                                                                                                
MS.  JESSEN paraphrased  from the  sectional analysis  Section 20                                                               
and Section 21, which read:                                                                                                     
                                                                                                                                
                                                                                                                                
     Section  20 AS  47.12.240(a): Deals  with placement  of                                                                    
     minors  after court  commits them  and before  they are                                                                    
     convicted  Makes conforming  and clarifying  amendments                                                                    
     to the conditions under which a  minor may be held in a                                                                    
     facility housing adult prisoners  and the language used                                                                    
     to  describe facilities  operated  by  the Division  of                                                                    
     Juvenile Justice                                                                                                           
                                                                                                                                
     Section  21  AS   47.12.240(b):  Deals  with  temporary                                                                    
     holding  of  minors  while awaiting  transport  Updates                                                                    
     language  used to  describe  conditions  under which  a                                                                    
     minor  may   be  held  in  a   facility  housing  adult                                                                    
     prisoners and the language  used to describe facilities                                                                    
     operated by the Division of Juvenile Justice                                                                               
                                                                                                                                
REPRESENTATIVE TARR addressed an  amendment [Included in members'                                                               
packets] which would amend Section 21.                                                                                          
                                                                                                                                
3:39:58 PM                                                                                                                    
                                                                                                                                
MS.  JESSEN paraphrased  from Section  22 and  Section 23,  which                                                               
read:                                                                                                                           
                                                                                                                                
     Section 22 AS 47.12.245(b):  Deals with parole officers                                                                    
     arresting  minors  Clarifies   that  the  authority  to                                                                    
     arrest  a   minor  rests  with  juvenile,   not  adult,                                                                    
     probation officers.                                                                                                        
                                                                                                                                
     Section  23  AS   47.12.250(a):  Deals  with  temporary                                                                    
     detention/  detention   hearings  Clarifies   that  the                                                                    
     authority to detain a minor  rests with "juvenile," not                                                                    
     adult,  probations  offices.   Adds  "temporary  secure                                                                    
     juvenile holding areas" to the  list of approved placed                                                                    
     to hold juveniles                                                                                                          
                                                                                                                                
3:40:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER shared  testimony from  another committee                                                               
which reported that  a Village Public Safety  Officer (VPSO) must                                                               
restrain a  person after an arrest.   He asked if  the VPSO could                                                               
secure a juvenile  in a place not described as  a secure juvenile                                                               
holding  area, such  as the  VPSOs home  or office,  and, if  so,                                                               
would this practice come into conflict with Section 23.                                                                         
                                                                                                                                
MR. DAVIDSON  explained that the temporary  juvenile holding area                                                               
was  in  compliance with  the  federal  Juvenile Delinquency  and                                                               
Prevention  Act.   He  reported  that  the Division  of  Juvenile                                                               
Justice had agreements  with dozens of these  temporary areas and                                                               
these  were  monitored  and  inspected  every  third  year.    He                                                               
acknowledged that,  upon occasion,  it was necessary  to restrain                                                               
adults  and  juveniles  in  areas  that  were  not  part  of  the                                                               
definition.                                                                                                                     
                                                                                                                                
3:42:07 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  paraphrased from the  sectional analysis  Section 24,                                                               
which read:                                                                                                                     
                                                                                                                                
     Section 24 AS 47.12.270:  Deals with juvenile probation                                                                    
     officers  Updates  the  title and  duties  of  juvenile                                                                    
     probation officers.                                                                                                        
                                                                                                                                
3:42:18 PM                                                                                                                    
REPRESENTATIVE  EASTMAN asked  in which  situations the  juvenile                                                               
probation officer  would need to  exercise the powers of  a peace                                                               
officer with respect to the service of process.                                                                                 
                                                                                                                                
MR.  DAVIDSON replied  that he  was not  sure of  the role  for a                                                               
peace  officer, although  they  did have  the  ability to  arrest                                                               
minors if they  had failed to meet conditions  of conduct imposed                                                               
by the court.                                                                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN  directed attention  to [page 14]  line 19                                                               
and asked whether the addition  for "service of process" had been                                                               
"copied over from  another pre-existing statute" or was  it now a                                                               
power  of a  peace officer  being given  to a  juvenile probation                                                               
officer.                                                                                                                        
                                                                                                                                
MR. DAVIDSON  deferred to the  experts within the division  for a                                                               
more thorough  answer to the powers  and the intent.   He offered                                                               
his belief  that it was  being held  over from the  section which                                                               
was being repealed and re-enacted.                                                                                              
                                                                                                                                
3:44:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  directed attention  to page 13  [line 25]                                                               
which specified  that a juvenile  probation officer may  arrest a                                                               
minor  under  certain  conditions,  and  he  asked  if  an  adult                                                               
probation   officer  could   arrest   a   juvenile  under   these                                                               
conditions.                                                                                                                     
                                                                                                                                
MR.  DAVIDSON opined  that, for  the purpose  of the  delinquency                                                               
statute,  this  was  being  specific to  the  roles  of  juvenile                                                               
probation officers.  He pointed  to the citizen arrest provision,                                                               
which  allowed that  any peace  officer or  citizen witnessing  a                                                               
crime had  that power.   He  noted that this  was in  a different                                                               
statute  and was  not being  addressed  here.   He reported  that                                                               
these  sections  in  AS  47.12  referred to  the  powers  of  the                                                               
juvenile probation officers employed  by the Division of Juvenile                                                               
Justice and was not intended to preclude other powers.                                                                          
                                                                                                                                
REPRESENTATIVE SADDLER  stated that he  wanted to make  sure that                                                               
something   necessary  was   not  being   excluded  during   this                                                               
clarification process.   He asked  if an adult  probation officer                                                               
could  only have  the authority  to arrest  a juvenile  under the                                                               
citizen  arrest  basis.    He declared  that  the  proposed  bill                                                               
specified that only  a juvenile probation officer  could make the                                                               
arrest.                                                                                                                         
                                                                                                                                
MR. DAVIDSON  opined that, as  it was generally outside  the role                                                               
of an  adult probation  officer to  monitor the  conditions under                                                               
which a juvenile had been  released from the Division of Juvenile                                                               
Justice, they would not be  privy to the information necessary to                                                               
conduct an arrest.                                                                                                              
                                                                                                                                
3:47:29 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  paraphrased from the  sectional analysis  Section 25,                                                               
which read:                                                                                                                     
                                                                                                                                
     Section  25  AS   47.12.310(d):  Deals  with  notifying                                                                    
     victims of  crimes Clarifies that the  department has a                                                                    
     duty to  notify victims when  a minor is  released from                                                                    
     any court ordered placement under AS 47.12.120(b)(1)                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN  asked if this expanded  or maintained the                                                               
status quo.                                                                                                                     
                                                                                                                                
MR.  DAVIDSON  replied   that  this  was  an   expansion  of  the                                                               
notification  as youth  were placed  in secured  places in  other                                                               
non-Division of Juvenile Justice on rare occasions.                                                                             
                                                                                                                                
3:48:26 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  paraphrased from the  sectional analysis  Section 26,                                                               
Section 27, Section  28, Section 29, Section 30,  and Section 31,                                                               
which read:                                                                                                                     
                                                                                                                                
     Section  26  AS   47.12.315(c):  Public  disclosure  of                                                                    
     information in  department records relating  to certain                                                                    
     minors Corrects language  authorizing the department to                                                                    
     disclose  confidential   information  related   to  the                                                                    
     offense  when a  minor  has  received an  adjudication,                                                                    
     rather  than the  offense the  minor  "alleged to  have                                                                    
     committed."                                                                                                                
                                                                                                                                
     Section 27 AS 47.12.990(7):  Deals with definitions and                                                                    
     institutions   Amends   the  definition   of   juvenile                                                                    
     detention facility                                                                                                         
                                                                                                                                
     Section  28 AS  47.12.990(12):  Deals with  definitions                                                                    
     and institutions Amends the definition of minor                                                                            
                                                                                                                                
     Section  29 AS  47.12.990:  Deals  with definitions  of                                                                    
     institutions  Creates  new   definitions  for  juvenile                                                                    
     probation   officer,   juvenile   treatment   facility,                                                                    
     residential  child  care   facility,  temporary  secure                                                                    
     juvenile holding area                                                                                                      
                                                                                                                                
     Section 30 AS 47.14.010: Deals  with the powers of DHSS                                                                    
     over   DJJ  Updates   language  to   describe  juvenile                                                                    
     facilities operated by the department                                                                                      
                                                                                                                                
     Section 31 As  47.14.020: Deals with the  duties of the                                                                    
     department  related to  the custody  of minors  Updates                                                                    
     the  language  used  to  describe  juvenile  facilities                                                                    
     operated by the department                                                                                                 
                                                                                                                                
REPRESENTATIVE TARR asked if [Sections  30 and 31] just addressed                                                               
deletion of  the homes and  the juvenile work camps,  and updated                                                               
the language.                                                                                                                   
                                                                                                                                
MS. JESSEN expressed her agreement.                                                                                             
                                                                                                                                
3:49:55 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  paraphrased from the  sectional analysis  Section 32,                                                               
which read:                                                                                                                     
                                                                                                                                
     Section 32  AS 47.14.040:  Deals with the  authority to                                                                    
     maintain  and operate  facilities Updates  the language                                                                    
     used  to describe  places  the  department can  operate                                                                    
     juvenile  facilities   to  reflect  the   diversity  of                                                                    
     Alaskan communities and entities,  such as the need for                                                                    
     airports  that   operate  "temporary   secure  juvenile                                                                    
     holding areas."                                                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER asked if this  was an appropriate place to                                                               
insert  a provision  for  the  unorthodox restraining  techniques                                                               
which were occasionally used.                                                                                                   
                                                                                                                                
MR. DAVIDSON  asked about the unauthorized  restraint techniques.                                                               
He said that he was not aware  that this was an issue in statute.                                                               
He  offered  his belief  that  the  addition of  this  definition                                                               
served to  define these areas as  having a duty to  provide sight                                                               
and sound separation and move them on in six hours or less.                                                                     
                                                                                                                                
REPRESENTATIVE SADDLER said  that, as this was the  vehicle for a                                                               
lot of  changes, he  would ask  the people  in the  Department of                                                               
Public Safety.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  EASTMAN  referred to  Section  26,  page 15,  and                                                               
asked if  there was now  anything in  the provision to  limit the                                                               
type of information available to a parent or guardian.                                                                          
                                                                                                                                
MR.  DAVIDSON  stated  that the  disclosure  statutes  were  very                                                               
robust  and  included  someone  with  a  legitimate  interest  in                                                               
receiving the information.   He said that this  section amended a                                                               
bill passed in 2012, as it  was an "alignment issue" for "alleged                                                               
to have" to now become "adjudicated delinquent."                                                                                
                                                                                                                                
3:53:18 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  paraphrased from the  sectional analysis  Section 33,                                                               
Section 34, Section 35, Section 36, and Section 37, which read:                                                                 
                                                                                                                                
                                                                                                                                
     Section 33  AS 47.14.050(a):  Deals with  the operation                                                                    
     of  homes  and  facilities Repealed  and  reenacted  to                                                                    
     update   the  language   used   to  describe   juvenile                                                                    
     facilities                                                                                                                 
                                                                                                                                
     Section 34  AS 47.14.050(b):  Deals with  the operation                                                                    
     of  homes and  facilities Updates  language to  reflect                                                                    
     the  diversity  of  Alaska   communities  that  may  be                                                                    
     authorized to operate juvenile detention facilities                                                                        
                                                                                                                                
     Section  35   AS  47.14.990(7):  Social   Services  and                                                                    
     Institutions  Definitions  Updates  the  definition  of                                                                    
     juvenile detention facilities                                                                                              
                                                                                                                                
     Section   36  AS   47.14.990(14):  Deals   with  Social                                                                    
     Services  Institutions  and   Definitions  Updates  the                                                                    
     definition of minor                                                                                                        
                                                                                                                                
     Section  37 AS  47.14.990: Deals  with Social  Services                                                                    
     Institutions and  Definitions Adds new  definitions for                                                                    
     juvenile   probation    officer,   juvenile   treatment                                                                    
     facility, and temporary secure juvenile holding area                                                                       
                                                                                                                                
                                                                                                                                
3:54:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  directed attention  to Section 34  of the                                                               
proposed bill  [page 18,  line 2], and  asked if  this prohibited                                                               
the  department  from entering  into  a  contract with  a  tribal                                                               
organization.                                                                                                                   
                                                                                                                                
MR. DAVIDSON  explained that  the intent was  to update  the term                                                               
"cities," which was not inclusive  of the types of communities in                                                               
Alaska that may want to seek a contract with the department.                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  if the  department was  opposed to                                                               
adding   language  to   permit  tribal   organizations  alongside                                                               
municipalities.                                                                                                                 
                                                                                                                                
MR.  DAVIDSON directed  attention  to  page 17,  line  21 of  the                                                               
proposed bill,  and explained that  the intention was  to include                                                               
the range of organizations.                                                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN asked if the language limited this.                                                                      
                                                                                                                                
MR. DAVIDSON replied that it would be an unintended limitation.                                                                 
                                                                                                                                
REPRESENTATIVE  SADDLER  said  that many  non-profits  associated                                                               
with  Native   Corporations  had   contracted  to   provide  VPSO                                                               
services,  although he  was unsure  if these  would qualify.   He                                                               
stated that  he did  not know  if a tribe  would be  considered a                                                               
non-profit and  asked if it  would be appropriate to  expand this                                                               
section to include tribal authorities.                                                                                          
                                                                                                                                
3:57:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KITO pointed  out  that  the regional  non-profit                                                               
corporations were distinct entities  and were not affiliated with                                                               
the regional for-profit corporations,  even though they may share                                                               
some regional boundaries.                                                                                                       
                                                                                                                                
REPRESENTATIVE   SADDLER  asked   whether  the   tribal  entities                                                               
operated under non-profit corporation status.                                                                                   
                                                                                                                                
REPRESENTATIVE  KITO stated  that  there were  tribes which  were                                                               
established as  non-profit organizations, although he  was unsure                                                               
whether this was universal.                                                                                                     
                                                                                                                                
3:58:04 PM                                                                                                                    
                                                                                                                                
MS.  JESSEN paraphrased  from the  sectional analysis  Section 38                                                               
and Section 39, which read:                                                                                                     
                                                                                                                                
     Section  38  AS   47.14.020(a):  Deals  with  mandatory                                                                    
     reporting  of child  abuse  and  neglect Adds  juvenile                                                                    
     probation officer, office staff,  and staff of juvenile                                                                    
     facilities to the list of mandatory reporters                                                                              
                                                                                                                                
     Section   39   AS   47.28.15.176:   Repealers   Repeals                                                                    
     revocation  of juvenile  driver  licenses for  offenses                                                                    
     involving  a  controlled  substance that  were  handled                                                                    
     informally  by the  division.  Repeals definitions  for                                                                    
     the terms "juvenile detention  home" and "juvenile work                                                                    
     camp" and "treatment facility"                                                                                             
                                                                                                                                
REPRESENTATIVE  SADDLER  directed  attention to  Section  38  and                                                               
asked  if the  practical impact  of the  change to  the mandatory                                                               
reporter status might mean to juvenile correctional facilities.                                                                 
                                                                                                                                
MR. DAVIDSON replied  that this impact had  been considered, and,                                                               
by policy, the staff were  mandatory reporters.  They did receive                                                               
admissions about  abuse and neglect  from the youth and  they did                                                               
make those reports.   This change would recognize  the duties and                                                               
important role played by the staff.                                                                                             
                                                                                                                                
REPRESENTATIVE  SADDLER asked  if it  was good  policy for  every                                                               
person speaking with the juveniles to be a mandatory reporter.                                                                  
                                                                                                                                
MR. DAVIDSON  replied that facility staff  and probation officers                                                               
often had strong  relationships with the youth,  built upon trust                                                               
and sharing.  He said that  the youth in the treatment facilities                                                               
were required to  assess their criminal offenses  and the factors                                                               
leading up  to these  offenses.  He  stated that,  although these                                                               
assessments  could include  abuse  and neglect,  every time  they                                                               
were brought  up did not  necessitate a  new report.   He allowed                                                               
that with  those youth "further  deeper in the system"  who "have                                                               
been  adjudicated  delinquent  and   are  working  through  their                                                               
process,"   there  was   a  different   relationship  and   these                                                               
admissions and discussions were much more confidential.                                                                         
                                                                                                                                
4:01:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   asked  whether,  as  some   youth  were                                                               
notorious for making false reports,  this provision which removed                                                               
the staff discretion necessitated the reporting as legitimate.                                                                  
                                                                                                                                
MS. JESSEN said that, as  many of the juvenile probation officers                                                               
had   professional  certifications   which  carried   an  ethical                                                               
requirement  to  report  these types  of  infractions,  the  real                                                               
amount  of discretion  was very  limited.   She pointed  out that                                                               
every report would go through  an investigation process and there                                                               
was not  an automatic  condemnation of  the person  receiving the                                                               
allegation.                                                                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN  pointed out that there  was a consequence                                                               
for  having  to  go  through   an  investigation,  and  sometimes                                                               
multiple investigations.                                                                                                        
                                                                                                                                
MS. JESSEN, in response to  Representative Eastman, declared that                                                               
all  staff as  mandated reporters  would be  obligated to  report                                                               
every allegation.                                                                                                               
                                                                                                                                
MR.  DAVIDSON  pointed  out  that  the  staff,  by  policy,  were                                                               
mandatory  reporters,  although   the  relationships  with  youth                                                               
allowed for modulation  of those known to  be multiple reporters.                                                               
He pointed  out that  once something was  reported, they  did not                                                               
keep reporting  it.   He reported that  the Office  of Children's                                                               
Services  was   the  arbitrator   of  the  investigations.     He                                                               
reiterated that the  proposed bill did not  change the discretion                                                               
currently allowed by staff.                                                                                                     
                                                                                                                                
4:05:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  pointed out  that, although there  were more                                                               
than 15,000 reports  of harm each year, only a  few thousand were                                                               
screened  in for  an actual  investigation, others  were screened                                                               
out, and false reporting takes place.                                                                                           
                                                                                                                                
4:06:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked if  there was  an obligation  for a                                                               
mandatory reporter  to report suspected child  abuse inflicted by                                                               
the minor in custody.                                                                                                           
                                                                                                                                
MR. DAVIDSON said "yes."                                                                                                        
                                                                                                                                
4:05:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER directed  attention to page 19,  line 9 of                                                               
the  proposed bill,  and asked  whether someone  was no  longer a                                                               
mandatory reporter if  they volunteered for less  than four hours                                                               
each week.                                                                                                                      
                                                                                                                                
REPRESENTATIVE TARR explained  that this was the minimum  to be a                                                               
mandatory reporter.                                                                                                             
                                                                                                                                
REPRESENTATIVE SADDLER mused that this  did not apply to juvenile                                                               
corrections or treatment.                                                                                                       
                                                                                                                                
4:07:27 PM                                                                                                                    
                                                                                                                                
MS. JESSEN  paraphrased from the  sectional analysis  Section 40,                                                               
Section 41, and Section 42, which read:                                                                                         
                                                                                                                                
      Section 40 AS 11.41.425(b)(1) Applicability section                                                                       
      Applies to sections of the bill related to criminal                                                                       
     offenses                                                                                                                   
                                                                                                                                
         Section 41 Authorizes the department to adopt                                                                          
    regulations   to   implement   the   changes   of   the                                                                     
     legislation                                                                                                                
                                                                                                                                
    Section    42   Effective    date   for    regulations.                                                                     
     Immediately, allows DJJ to begin making changes                                                                            
                                                                                                                                
4:07:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR referenced  the  questions  on the  proposed                                                               
bill  for  follow  up,  which   included  a  question  about  the                                                               
temporary, secure juvenile holding  area, the inclusion of tribal                                                               
entities, and  some additional questions regarding  Section 34 of                                                               
the proposed bill.                                                                                                              
                                                                                                                                
MS.  JESSEN  acknowledged these  questions  and  stated that  she                                                               
would have the answers as soon as the next committee meeting.                                                                   
                                                                                                                                
REPRESENTATIVE  SADDLER asked  Ms. Jessen  if there  was anything                                                               
else that should be addressed.                                                                                                  
                                                                                                                                
MS.  JESSEN offered  her belief  that the  regulations should  be                                                               
regularly reviewed and updated with the current best practices.                                                                 
                                                                                                                                
MR.  DAVIDSON  added  that, as  bills  which  addressed  juvenile                                                               
justice and  delinquency were  rare, this  was an  opportunity to                                                               
fix several "tweaks" which had been pending for many years.                                                                     
                                                                                                                                
4:10:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR said that HB 351 would be held over.                                                                        
                                                                                                                                
         HB 290-CRIMINAL JUSTICE COMMISSION: MEMBERSHIP                                                                     
                                                                                                                                
4:11:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR announced  that the  next order  of business                                                               
would be HOUSE  BILL NO. 290, "An Act relating  to the membership                                                               
of the Alaska  Criminal Justice Commission; and  providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
4:11:51 PM                                                                                                                    
                                                                                                                                
VALERIE  DAVIDSON,  Commissioner,  Office  of  the  Commissioner,                                                               
Department  of Health  and Social  Services  (DHSS), stated  that                                                               
favorable   consideration  for   the  proposed   bill  would   be                                                               
appreciated.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR noted  that  an additional  fiscal note  had                                                               
been received from the Alaska Judicial Council.                                                                                 
                                                                                                                                
4:12:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked Commissioner Davidson how  her role                                                               
on  the advisory  committee  would  be enhanced  by  status as  a                                                               
voting member as opposed to that as an advisory member.                                                                         
                                                                                                                                
COMMISSIONER  DAVIDSON  stated  that a  voting  membership  would                                                               
allow the  Department of Health  and Social Services to  weigh in                                                               
on   policy  decisions   considered  by   the  Criminal   Justice                                                               
Commission.     Although  both  voting  and   non-voting  members                                                               
participated in the  deliberations of the meetings,  those with a                                                               
vote have a  greater opportunity to influence the  outcome of the                                                               
policy decisions.                                                                                                               
                                                                                                                                
4:14:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to  adopt Amendment 1,  labeled 30-                                                               
GH2586\A.2, Radford, 3/2/18, which read:                                                                                        
                                                                                                                                
     Page 2, line 15:                                                                                                           
          Delete "nonvoting member, serving ex officio, who                                                                     
     is a"                                                                                                                      
          Insert "[NONVOTING MEMBER, SERVING EX OFFICIO,                                                                        
     WHO IS A]"                                                                                                                 
                                                                                                                                
     Page 2, line 17:                                                                                                           
          Delete "nonvoting member, serving ex officio, who                                                                     
     is a"                                                                                                                      
          Insert "[NONVOTING MEMBER, SERVING EX OFFICIO,                                                                        
     WHO IS A]"                                                                                                                 
                                                                                                                                
REPRESENTATIVE TARR objected for discussion.                                                                                    
                                                                                                                                
4:14:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  stated that  the proposed bill  would add                                                               
two  more  voting  members  appointed  by  the  governor  to  the                                                               
commission.   He  offered his  belief that  the Criminal  Justice                                                               
Commission  would  become more  a  reflection  of the  governor's                                                               
cabinet, pointing out that the  majority of the 13 voting members                                                               
of  the board  were  appointed  and served  at  the  will of  the                                                               
governor.   He  opined that  the  purpose of  the commission  was                                                               
larger than passing on the agenda  of the governor.  He suggested                                                               
that,  as the  reasons  offered by  Commissioner  Davidson for  a                                                               
voting  membership   were  in  line   with  the   two  non-voting                                                               
legislative members,  it would be  "only proper that we  also add                                                               
these two legislative members to  the voting category."  He added                                                               
that  it would  preserve the  larger role  of the  commission for                                                               
making   recommendations   inclusive   of  the   judiciary,   the                                                               
executive, and the legislative branches.                                                                                        
                                                                                                                                
4:16:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSTON asked  about  the  voting membership  of                                                               
other   boards  and   commissions  with   legislative  ex-officio                                                               
members.                                                                                                                        
                                                                                                                                
4:17:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   directed  attention  to  a   memo  from                                                               
Legislative  Legal  Services and  stated  that  it would  not  be                                                               
improper  for  the Criminal  Justice  Commission  to have  voting                                                               
members from  all three  branches of government.   He  offered an                                                               
example of another commission which  had voting members from both                                                               
the House and the Senate.                                                                                                       
                                                                                                                                
REPRESENTATIVE JOHNSTON emphasized that  these were very distinct                                                               
commissions with  very different  missions and asked  for another                                                               
example.   She asked if  there were any state  policy commissions                                                               
on which the legislature had voting members.                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN said that he  would also like to have that                                                               
information.   He  suggested that  there were  very few,  if any,                                                               
similar  commissions which,  by  design, were  reflective of  all                                                               
three   branches   of   government   and  had   more   than   one                                                               
representative from each.                                                                                                       
                                                                                                                                
4:19:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER stated  that it  would take  a systematic                                                               
review  to  recognize which  commissions  and  boards had  voting                                                               
legislative members.   He stated  that, although  this commission                                                               
did  authorize  judiciary  votes,   it  denied  that  legislative                                                               
members  have  the   right  to  vote,  which  he   deemed  to  be                                                               
inconsistent.     He  declared  his  support   for  the  proposed                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
4:19:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KITO shared  that  he had  been  appointed, as  a                                                               
voting  member, to  an advisory  committee to  the Department  of                                                               
Education and Early Development  for bond reimbursement and grant                                                               
review.   He  reported  that this  position  was identified  very                                                               
specifically  in  statute.    He offered  his  belief  that  this                                                               
commission  was "a  little  bit  broader" and  that  it became  a                                                               
legislative  policy call.    He  allowed that  there  could be  a                                                               
concern if  there were recommendations from  the Criminal Justice                                                               
Commission  to the  Legislature while  there were  legislators on                                                               
the commission  who had  already voted,  and the  Legislature was                                                               
aware of  the direction of  those votes.   He offered  his belief                                                               
that  there could  be  a conflict  if  legislators were  offering                                                               
recommendations and having  a vote on those  recommendations.  He                                                               
stated  that he  could  see  reasons for  both  allowing and  not                                                               
allowing members to have voting rights  and that it was up to the                                                               
committee members to determine whether it was appropriate.                                                                      
                                                                                                                                
4:21:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN offered his belief  that it was a conscious                                                               
choice by the  commission to not have legislators  vote, as these                                                               
were policy recommendations to the  legislature.  The expectation                                                               
was that  legislators would make their  vote in the Capitol.   He                                                               
offered   his  belief   that  the   commission  appreciated   the                                                               
perspective from legislators for how  things would be received in                                                               
the Capitol,  and that  a vote by  legislators on  the commission                                                               
"would probably unduly impact the  commission deliberations."  He                                                               
declared that he did not support the proposed amendment.                                                                        
                                                                                                                                
REPRESENTATIVE EASTMAN  expressed his  agreement that this  was a                                                               
policy call,  and that the  proposed policy  would be to  add two                                                               
more voting  members to the  commission.  He suggested  that this                                                               
would  offer the  opportunity for  the commission  to have  joint                                                               
representation from all three branches of government.                                                                           
                                                                                                                                
4:23:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR offered  her belief  that her  service on  a                                                               
council as a  non-voting member and a  citizen legislator allowed                                                               
the  council to  more  easily reach  a quorum  when  she was  not                                                               
present.   She expressed concern  that legislative  members could                                                               
limit or  discourage conversation regarding proposals  related to                                                               
funding as it may be unpopular.                                                                                                 
                                                                                                                                
REPRESENTATIVE SADDLER pointed out  that the original premise for                                                               
the Criminal Justice Commission  did not include the Commissioner                                                               
of the Department  of Health and Social Services.   He mused that                                                               
the premise for  much of the state criminal policy  was that much                                                               
of the  criminogenic process  was based on  behavior.   He stated                                                               
that, to  the extent  that behavioral  health was  increasingly a                                                               
factor  in state  correctional policy,  the  Commissioner of  the                                                               
Department of  Health and Social Services  already had tremendous                                                               
influence on the dialogue and  the policies that were pursued had                                                               
far more  impact than an advisory  position.  He added  that many                                                               
commissioners  had   multiple  responsibilities  on   boards  and                                                               
commissions,  and that  the designee  often  represented them  at                                                               
board meetings.                                                                                                                 
                                                                                                                                
4:28:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSTON asked  what the  legislators brought  to                                                               
the table at the commission in order to be voters.                                                                              
                                                                                                                                
REPRESENTATIVE EASTMAN  stated that the question  for legislators                                                               
interested in service on the  Criminal Justice Commission was for                                                               
how active they should be, similar  to the question for the level                                                               
of  activity for  the Commissioner  of Department  of Health  and                                                               
Social Services.   He shared  that his  desire to serve  would be                                                               
prioritized differently,  dependent on  the role  as a  voting or                                                               
non-voting member.   He  declared that the  message he  wanted to                                                               
send  was for  the  "legislators  to be  just  as  active as  our                                                               
Commissioner."  He acknowledged  that, although legislators could                                                               
quash  discussion   based  on  funding  concerns   as  non-voting                                                               
members, giving  legislators the  vote "tells them  its important                                                               
and  that  it  also  encourages the  Commission  as  their  going                                                               
forward and making decisions to fully include the legislators."                                                                 
                                                                                                                                
4:31:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHNSTON  opined   that  the   commissioner  was                                                               
bringing  access  to the  department,  whereas  a legislator  was                                                               
bringing a political  agenda with the possibility to  act on that                                                               
agenda.   She acknowledged that this  could go "both ways."   She                                                               
pointed  out  that,  as  voting  members,  the  legislators  were                                                               
responsible  for taking  the policy  of the  commission to  their                                                               
respective bodies.   If  they were  non-voting members,  they did                                                               
not have to champion the policy.                                                                                                
                                                                                                                                
4:33:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  stated  that  it could  be  argued  that                                                               
legislators could  be some of  the most effective members  of the                                                               
Criminal Justice Commission, based  on their broad experience and                                                               
perspective   for   state   policy,   funding   constraints   and                                                               
opportunities, and the necessity  of coordinating different state                                                               
policy and law.  He pointed  out that legislators were a distinct                                                               
minority  on  the  commission,  and he  opined  that  two  voting                                                               
legislators would  not be  able to  drive the  agenda.   He added                                                               
that   the   commission   was    an   advisory   commission   for                                                               
recommendations.   He  noted that,  as the  judges would  also be                                                               
able to  take votes  on criminal justice  policy when  cases came                                                               
through  the  judicial system  they  would  also be  required  to                                                               
implement the same policies.                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  pointed out  that members of  the judicial                                                               
branch on  the Criminal Justice  Commission were  often declining                                                               
and recusing themselves from voting  because they believed it was                                                               
a  policy question  that they  may  be called  upon to  act in  a                                                               
judicial  capacity.   He stated  that the  judiciary viewed  that                                                               
these issues "could come before them  on the bench and they don't                                                               
want to have taken a position."                                                                                                 
                                                                                                                                
REPRESENTATIVE SADDLER  responded that this was  the practice and                                                               
not the policy, and that this supported his argument.                                                                           
                                                                                                                                
REPRESENTATIVE  JOHNSTON  asked   whether,  once  the  commission                                                               
adopted  a   policy,  a  legislator  would   be  responsible  for                                                               
championing this policy in the legislature.                                                                                     
                                                                                                                                
4:36:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN offered  his belief  that passage  of the                                                               
proposed Amendment  1 would still  allow that the now  two voting                                                               
legislators  would still  be "outnumbered  more than  two to  one                                                               
simply by the governor's cabinet."   He declared that it would be                                                               
na?ve  to assume  that  the  governor's cabinet  did  not have  a                                                               
political agenda.   He opined  that the commission  members would                                                               
be well qualified  and had a concern and passion  for the work of                                                               
the  commission.   He  stated  that this  was  an opportunity  to                                                               
encourage   that  commitment   and   passion   by  "making   [the                                                               
legislators] a  full voting member."   He stated that  having the                                                               
legislators as a lively part of  the discussion was a value to be                                                               
brought back to  the legislature after a  recommendation had been                                                               
made.  He  opined that no commission member  would feel obligated                                                               
to support  a recommendation from  the commission,  regardless of                                                               
their vote.                                                                                                                     
                                                                                                                                
4:39:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   TARR  maintained   her  objection   to  proposed                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
4:39:57 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Eastman and Saddler                                                               
(alternate)  voted  in favor  of  Amendment  1.   Representatives                                                               
Tarr,  Kito,  Claman  (alternate),  Johnston,  and  Edgmon  voted                                                               
against it.  Therefore, Amendment 1 failed  by a vote of 2 yeas -                                                               
5 nays.                                                                                                                         
                                                                                                                                
4:40:48 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:41:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR brought the committee back to order.                                                                        
                                                                                                                                
4:41:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  said  that  he  could  not  support  the                                                               
proposed bill.                                                                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN  said that  adding a  crime victim  to the                                                               
commission  as a  voting member  was good  and would  add to  the                                                               
diversity of  discussion, although he  was less convinced  to the                                                               
necessary addition  of the commissioner  of Department  of Health                                                               
and Social Services as a voting member.                                                                                         
                                                                                                                                
4:42:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  said  that,  as he  had  overlooked  the                                                               
addition of  a crime  victim as  a member  of the  commission, he                                                               
would revise his position on the bill.                                                                                          
                                                                                                                                
REPRESENTATIVE TARR pointed out that  it was usually necessary to                                                               
add two voting members to a  commission to maintain an odd number                                                               
of members.                                                                                                                     
                                                                                                                                
4:43:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  moved  to  report  HB  290,  Version  30-                                                               
GH2586\A, out  of committee  with individual  recommendations and                                                               
the accompanying fiscal notes.   There being no objection, HB 290                                                               
was  moved from  the House  Health and  Social Services  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
             HB 268-OPIOID PRESCRIPTION INFORMATION                                                                         
                                                                                                                                
4:44:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  announced that  the final order  of business                                                               
would  be SPONSOR  SUBSTITUTE FOR  HOUSE  BILL NO.  268, "An  Act                                                               
relating  to  the  prescription   of  opioids;  relating  to  the                                                               
Department  of  Health  and  Social  Services;  relating  to  the                                                               
practice  of dentistry;  relating  to the  practice of  medicine;                                                               
relating to  the practice of  podiatry; relating to  the practice                                                               
of osteopathy; relating to the  practice of nursing; and relating                                                               
to the practice of optometry."                                                                                                  
                                                                                                                                
4:44:51 PM                                                                                                                    
                                                                                                                                
CLAIRE  GROSS,  Staff,  Representative  Les  Gara,  Alaska  State                                                               
Legislature, declared that  Alaska was in the midst  of an opioid                                                               
crisis, as  three of  five drug overdoses  in the  state involved                                                               
opioids.   She reported that  Alaska had twice the  national rate                                                               
for prescription  opioid overdose deaths.   She stated  that many                                                               
people being  prescribed opioid drugs  were still unaware  of the                                                               
high potential for addiction or  the associated health risk.  The                                                               
proposed  bill, HB  268, was  a patient  information bill,  had a                                                               
narrow scope,  and put  little or no  new burden  on prescribers.                                                               
The  principal intent  was  to ensure  that  every patient  being                                                               
prescribed an  outpatient supply  of an opioid  be made  aware of                                                               
the associated  risk and be informed  about alternative treatment                                                               
options  if reasonable  options  existed.   She  stated that  the                                                               
guidelines from  the Centers for  Disease Control  and Prevention                                                               
(CDC) for  opioid prescribers asked  that they provide  this same                                                               
information when  they prescribed.   She noted that  the proposed                                                               
bill  would   have  medical  providers  with   the  authority  to                                                               
prescribe  opioids make  a  brief oral  statement,  in their  own                                                               
words, which stated  the reason for prescribing  the opioid, that                                                               
opioid  use can  lead to  addiction, that  the risk  of addiction                                                               
increased with  time, that opioid addiction  may pose potentially                                                               
life threatening health risks,  and offer reasonable alternatives                                                               
to opioid  medication therapy.   She added  that, along  with the                                                               
oral statement,  the prescriber  would give  the patient  a short                                                               
hand-out  prepared  by  the  Department   of  Health  and  Social                                                               
Services  that  provided  appropriate information  conveying  the                                                               
potential addictive and health risks  of opioids.  She noted that                                                               
this  hand-out  would  also  be  available  on  the  department's                                                               
website  and could  be printed  in  the provider's  office.   She                                                               
reported that  the addition  of the  term "outpatient  supply" to                                                               
refer to opioid prescriptions  would exempt emergency departments                                                               
and in-patient  facilities from the requirements  of the proposed                                                               
bill.   The  bill does  not apply  to patients  receiving hospice                                                               
care or substance abuse opioid  dependence treatment.  She stated                                                               
that  the  new  committee  substitute  removed  discussion  about                                                               
heroin use and  its relation to opioid abuse  from the provider's                                                               
oral  statement and  kept the  focus on  opioid medication.   She                                                               
listed the Department  of Health and Social  Services, the Alaska                                                               
Mental Health Board, and the  Alaska Dental Society as supporters                                                               
of the  proposed bill.   She read part of  a letter from  Dr. Ann                                                               
Zink [Included in members' packets]:                                                                                            
                                                                                                                                
     HB  268 appears  to  be legislating  something that  we                                                                    
     believe physicians should be  doing for their patients.                                                                    
     As   emergency   physicians   we  fully   embrace   the                                                                    
     importance of the  risk-benefit- alternative discussion                                                                    
     between  provider and  patient any  time a  potentially                                                                    
     hazardous test  or treatment  is being  considered. The                                                                    
     decision  to use  opioids or  not certainly  falls into                                                                    
     this category. Our hope is  that with all the attention                                                                    
     being paid  to opioids  by both  the house  of medicine                                                                    
     and  society   in  general,  these   conversations  are                                                                    
     already happening.                                                                                                         
                                                                                                                                
     HB 268 may help encourage  a conversation we believe in                                                                    
     and  is in  line with  many other  steps this  body and                                                                    
     others have taken end this epidemic.                                                                                       
                                                                                                                                
4:48:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked if  prescribing an outpatient supply                                                               
only dealt with the initial prescription for a new patient.                                                                     
                                                                                                                                
MS. GROSS  said that the  intent had  been for the  initial visit                                                               
and  prescription,  and  that an  amendment  could  clarify  this                                                               
ambiguity.                                                                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN asked about a conceptual amendment.                                                                      
                                                                                                                                
REPRESENTATIVE TARR  suggested to ask Legislative  Legal Services                                                               
to provide clarity.                                                                                                             
                                                                                                                                
4:50:43 PM                                                                                                                    
                                                                                                                                
CLAIRE RADFORD, Attorney,  Legislative Legal Counsel, Legislative                                                               
Legal  Services, Legislative  Affairs  Agency, acknowledged  that                                                               
the proposed  bill was  not clear,  and that  she could  draft an                                                               
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE TARR  asked if  this was  preferable as  a drafted                                                               
amendment or as a conceptual amendment.                                                                                         
                                                                                                                                
MS. RADFORD  opined that the single  word would need to  be added                                                               
in the different sections.                                                                                                      
                                                                                                                                
REPRESENTATIVE TARR  directed attention  to page  4 [line  4] and                                                               
asked  if  this  could  read   "before  prescribing  the  initial                                                               
outpatient supply..."                                                                                                           
                                                                                                                                
REPRESENTATIVE  EASTMAN  suggested  that it  could  read  "before                                                               
initially prescribing an outpatient supply..."                                                                                  
                                                                                                                                
MS. RADFORD replied, "yes, that's correct."                                                                                     
                                                                                                                                
4:52:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN offered  conceptual  Amendment 1,  adding                                                               
the word  "initially" between the  words "before  prescribing" on                                                               
page 4, line 4.                                                                                                                 
                                                                                                                                
REPRESENTATIVE TARR  objected for discussion.   She said  that it                                                               
would also need to be added on page  6, line 31; page 8, line 29;                                                               
and page 11, line 1.                                                                                                            
                                                                                                                                
4:53:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR removed her objection.                                                                                      
                                                                                                                                
4:53:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN withdrew conceptual Amendment 1.                                                                         
                                                                                                                                
REPRESENTATIVE  EASTMAN  offered  conceptual Amendment  2,  which                                                               
would add the word "initially" [on  page 6, line 31; page 8, line                                                               
29;  and page  11,  line  1] and  would  allow Legislative  Legal                                                               
Services  the  latitude to  make  any  conforming amendments  for                                                               
consistency.                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR objected for discussion.                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   opined  that  this  was   a  reasonable                                                               
limitation, as  the warning would  be as effective given  once as                                                               
it would be given multiple times.                                                                                               
                                                                                                                                
4:54:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN stated  that his  intent with  conceptual                                                               
Amendment  2  was  to  ensure  that  this  was  for  the  initial                                                               
prescription to a particular patient.                                                                                           
                                                                                                                                
4:55:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR removed her  objection to proposed conceptual                                                               
Amendment  2.   There  being  no  further  objection, it  was  so                                                               
ordered.                                                                                                                        
                                                                                                                                
MS.  RADFORD  asked  if Legislative  Legal  Services  could  have                                                               
conforming authority to make those changes.                                                                                     
                                                                                                                                
REPRESENTATIVE TARR said "yes."                                                                                                 
                                                                                                                                
4:55:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   asked  if   there  were   current  laws                                                               
preventing  habitual,  without  good  cause,  overprescribing  of                                                               
opioids.                                                                                                                        
                                                                                                                                
MS. GROSS said that she would defer.                                                                                            
                                                                                                                                
4:56:54 PM                                                                                                                    
                                                                                                                                
SARA  CHAMBERS,  Deputy  Director,  Juneau  Office,  Division  of                                                               
Corporations,  Business, and  Professional Licensing,  Department                                                               
of  Commerce, Community  & Economic  Development, referenced  the                                                               
passage of  House Bill 159 in  2017, one of many  bills to combat                                                               
the  opioid  crisis, and  included  a  seven day  limitation  [to                                                               
opioid prescription]  which could  be overridden by  a prescriber                                                               
if  the prescriber  was documenting  the  rationale for  pursuing                                                               
greater than  a seven day supply.   She stated that  there was an                                                               
evolution for different tools to  combat this opioid crisis.  She                                                               
reported  that the  boards overseeing  the licensees  prescribing                                                               
had  codes  of ethics,  regulations,  and  other guidelines  that                                                               
indicate how patients  should be informed prior to  any course of                                                               
action.                                                                                                                         
                                                                                                                                
4:58:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN stated that  he was not enthusiastic about                                                               
the proposed bill, although he  acknowledged that the concern was                                                               
well placed because  opioid medications were not  measuring up to                                                               
the  expectations for  living better  lives.   He pointed  to the                                                               
requirements  on  page  4,  line  14, for  doctors  to  list  any                                                               
reasonable non-opioid alternative to  the prescription as well as                                                               
oral and  written information.  He  stated that he did  not think                                                               
"the  prescription  matches  the  problem."   He  suggested  that                                                               
"requiring every prescriber to be  listing out all the drugs that                                                               
they didn't prescribe and the  reasons maybe why they didn't" was                                                               
more paperwork and regulation and  not the solution to solve this                                                               
problem.                                                                                                                        
                                                                                                                                
5:00:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  expressed his  agreement that  opioid use                                                               
and addiction in  Alaska, as well as the rest  of the nation, was                                                               
"a real  problem."  He  declared that  the proposed bill  did not                                                               
deal with the prescription of opioids,  per se, as nothing in the                                                               
proposed bill changed the authority  for writing prescriptions by                                                               
doctors  and dentists.   He  referenced  House Bill  159 and  its                                                               
seven-day  limitations.     He  stated  that   there  were  other                                                               
restrictions,  as   physicians  may  prescribe  subject   to  the                                                               
constraints  of the  normal,  ethical,  professional practice  of                                                               
medicine, as  informed by  the Medical Board.   He  declared that                                                               
the proposed bill did not deal  with this.  He offered his belief                                                               
that  people already  realized that  opioid drugs  were addictive                                                               
and that  a doctor would  make some  offer of information  to the                                                               
patient.     He   shared  his   own  experience   upon  receiving                                                               
prescriptions from  doctors.   He stated  that the  proposed bill                                                               
was essentially a "placebo bill" as it "has no real effect."                                                                    
                                                                                                                                
5:02:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSTON stated that,  although she had originally                                                               
had concerns  with the proposed  bill, the sponsor  had addressed                                                               
those  concerns.    She  reported  that  several  physicians  had                                                               
visited her  office in the past  week and that they  had declared                                                               
support  for this  bill,  while pointing  out  that, even  though                                                               
there  was a  new emphasis  among doctors,  there was  not enough                                                               
being done.  These doctors stated  that there was not any harm in                                                               
the proposed  bill, and  that "there  could be  some good."   She                                                               
declared her support for the proposed bill.                                                                                     
                                                                                                                                
5:03:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON moved  to report  CSSSHB 268,  Version 30-                                                               
LS1081\R,  Radford, 2/9/18,  as  amended, out  of committee  with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
5:03:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
5:03:39 PM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Kito,  Edgmon,                                                               
Saddler  (alternate),  Johnston,  Claman  (alternate),  and  Tarr                                                               
voted  in  favor of  CSSSHB  268,  Version 30-LS1081\R,  Radford,                                                               
2/9/18,  as amended.   Representative  Eastman voted  against it.                                                               
Therefore, CSSSHB 268 (HSS) was  reported out of the House Health                                                               
and Social  Services Standing Committee by  a vote of 6  yeas - 1                                                               
nay.                                                                                                                            
                                                                                                                                
5:05:24 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Health  and  Social  Services   Standing  Committee  meeting  was                                                               
adjourned at 5:05 p.m.                                                                                                          

Document Name Date/Time Subjects
HB0290-1-2-011918-DHS-N.pdf HHSS 3/6/2018 3:00:00 PM
HB 290
HB290 Fiscal Note DHSS--DSS 2.28.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 290
HB 290 Sectional Analysis Ver A 01 22 18.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 290
HB 290 Transmittal Letter 01 22 18.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 290
HB 290 Supporting document - AK Crim Just Comm 2016 Report.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 290
HB 290 Supporting document - AK Crim Just Comm 2-2018 Recommendation.pdf HHSS 3/6/2018 3:00:00 PM
HB 290
HB290 draft proposed amendment A.2 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HB 290
HB290 Fiscal Note JUD--AJC 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HB 290
HB 351 Draft Proposed Amendment R.1 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351
HB351 Sectional Analysis 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351
HB351 Fiscal Note DHS--DJJ 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351
HB351 Sponsor Statement 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351
SSHB268 Sectional Analysis ver O 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Sponsor Statement 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-AK DHSS Opioid Addiction and Treatment Factsheet 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-AK DHSS Opioid Infographic 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-AK DHSS Heroin Use Infographic 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-AK DHSS Pain Treatment Handout 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-AMA Study 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-Article ADN AK Gov. Opioid Declaration 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-Article ADN AK Heroin Problem 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-Article Huffington Post 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-Article New Yorker 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-Article NIDA 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-Article The Star Press Opioids and Foster Care Indiana 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-Article VOX 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-CDC Checklist for Opioid Prescribers 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-New Jersey Legislature Relevant Opioid Statutes Doc 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-Report CDC Long Term Opioid Use 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document-STUFF Online Article on Alternative Pain Treatment in NZ 1.24.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB 268 Fiscal Note DCCED-CBPL 01.29.18.pdf HHSS 1/30/2018 3:00:00 PM
HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Draft Proposed Blank CS ver R 2.14.18.pdf HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Explanation of Changes (O-R).pdf HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document--Anne Zink Support Letter 2.21.18.pdf HHSS 2/22/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document--Memos from Leg Legal 2.21.18.pdf HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
SSHB268 Supporting Document--Support Letters 2.14.18.pdf HHSS 2/22/2018 3:00:00 PM
HHSS 2/27/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 268
HB351 Supporting Document -- Letter from DJJ.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351