Legislature(1999 - 2000)

04/28/1999 01:36 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                                                                  
                          April 28, 1999                                                                                        
                             1:36 p.m.                                                                                          
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                              
Senator Mike Miller, Chairman                                                                                                   
Senator Pete Kelly, Vice-Chairman                                                                                               
Senator Gary Wilken                                                                                                             
Senator Drue Pearce                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                              
MEMBERS ABSENT                                                                                                                
                                                                                                                              
All members were present                                                                                                        
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
Confirmation of Appointments to the University Board of Regents                                                                 
Confirmation of Appointments to the Board of Education                                                                          
                                                                                                                              
Board of Dental Examiners                                                                                                     
                                                                                                                                
Mr. Kenneth L. Crooks, D.D.S., Dillingham                                                                                       
                                                                                                                                
Board of Marital and Family Therapy                                                                                           
                                                                                                                                
Ms. Sandra M. Samaniego, Fairbanks                                                                                              
                                                                                                                                
State Medical Board                                                                                                           
                                                                                                                                
Mr. Keith M. Brownsberger, M.D., Anchorage                                                                                      
Ms. Sheila Means, Juneau                                                                                                        
                                                                                                                                
Alaska Mental Health Trust Authority Board                                                                                    
  of Trustees                                                                                                                 
                                                                                                                                
Mr. Nelson G. Page, Esq., Anchorage                                                                                             
                                                                                                                                
Board of Certified Direct-Entry Midwives                                                                                      
                                                                                                                                
Ms. Marilyn Holmes, Juneau                                                                                                      
                                                                                                                                
Board of Nursing                                                                                                              
                                                                                                                                
Ms. Barbara Berner, ANP, Ed D, Anchorage                                                                                        
                                                                                                                                
Board of Examiners in Optometry                                                                                               
Mr. Thomas N. Carter, Fairbanks                                                                                                 
Mr. Erik D. Christianson, O.D., Ketchikan                                                                                       
Mr. John C. Cobbett, O.D., North Pole                                                                                           
                                                                                                                                
Board of Pharmacy                                                                                                             
                                                                                                                                
Ms. Margaret D. Soden, R.Ph., Fairbanks                                                                                         
                                                                                                                                
State Physical Therapy and Occupational Therapy Board                                                                         
                                                                                                                                
Ms. Joanne Bell-Graves, Juneau                                                                                                  
Ms. Leslie F. Schwartz, Petersburg                                                                                              
                                                                                                                                
Board of Professional Counselors                                                                                              
                                                                                                                                
Ms. Toni Chrestman, Nome                                                                                                        
Ms. Anne L. Henry, Juneau                                                                                                       
Mr. David F. Leonard, Esq., Fairbanks                                                                                           
Mr. Allan A. Morotti, PhD., Fairbanks                                                                                           
Mr. Robert L. Pound, Anchorage                                                                                                  
                                                                                                                                
Professional Teaching Practices Commission                                                                                    
                                                                                                                                
Mr. Steven Beardsley, Anchorage                                                                                                 
Mr. Bruce F. Johnson, Sitka                                                                                                     
Mr. Vickie L. McCubbin, Anchorage                                                                                               
                                                                                                                                
Board of Psychologist and Psychological                                                                                       
  Associate Examiners                                                                                                         
                                                                                                                                
Mr. Paul Craig, Anchorage                                                                                                       
                                                                                                                              
Board of Social Work Examiners                                                                                                
                                                                                                                                
Mr. Denny Patella, Anchorage                                                                                                  
                                                                                                                              
                                                                                                                              
SENATE BILL NO. 112                                                                                                             
"An Act relating to a program of postsecondary education for high                                                               
school students."                                                                                                               
     -MOVED CSSB 112(HES)OUT OF COMMITTEE                                                                                       
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94                                                                                       
"An Act relating to the medical use of marijuana; and providing for                                                             
an effective date."                                                                                                             
     -HEARD AND HELD                                                                                                            
                                                                                                                              
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                              
SB 112 - See HESS Committee minutes dated 4/19/99 and 4/26/99                                                                   
SB 94 -  See HESS Committee minutes dated 3/24/99                                                                               
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                              
University of Alaska Board of Regents                                                                                         
                                                                                                                                
Mr. Brian Rogers, Fairbanks                                                                                                     
Ms. Frances H. Rose, Anchorage                                                                                                  
Mr. Robert A. Malone, Anchorage                                                                                                 
Mr. Joseph E. Usibelli, Jr., Healy                                                                                              
                                                                                                                                
Board of Education                                                                                                            
                                                                                                                                
Ms. Paula R. Pawlowski, Anchorage                                                                                               
Ms. Susan A. Stitham, Fairbanks                                                                                                 
Mr. Roy Nageak, Sr., Barrow                                                                                                     
                                                                                                                                
Mr. Harry Rogers                                                                                                                
PO Box 398                                                                                                                      
Valdez, AK  99686                                                                                                               
POSITION STATEMENT:  Commented on SB 112                                                                                        
                                                                                                                                
Mr. Duane Udland, Chief of Police                                                                                               
Anchorage Police Department                                                                                                     
POSITION STATEMENT:  Commented on SSSB 94                                                                                       
                                                                                                                                
Mr. James "Scooter" Welch, Deputy Chief                                                                                         
Fairbanks Police Department                                                                                                     
656 7th Avenue                                                                                                                  
Fairbanks, AK  99701                                                                                                            
POSITION STATEMENT:  Commented on SSSB 94                                                                                       
                                                                                                                                
Mr. Dean Guaneli, Chief Assistant                                                                                               
  Attorney General                                                                                                              
Criminal Division, Department of Law                                                                                            
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Supported SSSB 94                                                                                          
                                                                                                                                
Mr. Del Smith, Deputy Commissioner                                                                                              
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, AK  99811-1200                                                                                                          
POSITION STATEMENT:  Commented on SSSB 94                                                                                       
                                                                                                                                
Mr. Elmer Lindstrom, Special Assistant                                                                                          
Department of Health & Social Services                                                                                          
PO Box 110601                                                                                                                   
Juneau, AK  99811-0601                                                                                                          
POSITION STATEMENT:  Commented on SSSB 94                                                                                       
                                                                                                                                
Mr. Matthew Fagnani, President                                                                                                  
Worksafe, Inc.; President-Elect                                                                                                 
Alaska Support Industry Alliance                                                                                                
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Supported SSSB 94                                                                                          
                                                                                                                                
Dr. Andrew Embick                                                                                                               
PO Box 1899                                                                                                                     
Valdez, AK 99686                                                                                                                
POSITION STATEMENT:  Opposed SSSB 94                                                                                            
                                                                                                                                
Mr. David Finkelstein                                                                                                           
Alaskans for Medical Rights                                                                                                     
POSITION STATEMENT:  Opposed SSSB 94                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 99-21, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN  MILLER  called the  Senate  Health, Education  and  Social                                                            
Services  (HESS) Committee  to order  at 1:36 p.m.  and took  up the                                                            
confirmation  of appointments to the  University of Alaska  Board of                                                            
Regents  and the  Board of Education.    He said the  report to  the                                                            
Senate President  from the  committee recommending  confirmation  of                                                            
appointments to 13 boards  would be forwarded to a joint session for                                                            
confirmation.                                                                                                                   
                                                                                                                                
MR. BRIAN  ROGERS briefly  stated  he has been  associated with  the                                                            
University  of Alaska  in  various capacities  since  1970, and  the                                                            
University is important  to him as a small business owner who relies                                                            
on trained people.                                                                                                              
                                                                                                                                
SENATOR  WILKEN  asked Mr.  Rogers  how he  would  characterize  the                                                            
"cocktail  conversations"  he's  heard about  the University.    MR.                                                            
ROGERS responded  that the anecdotes in 1980-81 related  to problems                                                            
with transferal  of credits, but with  changes, it's no longer  much                                                            
of a problem  although the  stories continue.   Some of the  stories                                                            
about poor  customer service are true,  with students being  put "on                                                            
hold"  or misdirected.   With  President Hamilton's  initiatives  to                                                            
work with staff  to improve customer service, he said  this won't be                                                            
a problem in a year or two.                                                                                                     
                                                                                                                                
SENATOR  WILKEN  encouraged  Mr. Rogers  to  bring concerns  to  the                                                            
legislature   in  the   future,  and   congratulated   him  on   his                                                            
appointment.                                                                                                                    
                                                                                                                                
SENATOR  ELTON  congratulated  Mr. Rogers,  and  asked  if he  views                                                            
campuses other  than UAF as auxiliary campuses.  MR.  ROGERS replied                                                            
his position  has always  been that  it is  a statewide university.                                                             
People  everywhere need  higher education,  and  there are  multiple                                                            
missions  that can't be dealt  with in a  single location  including                                                            
the  traditional 4-year  baccalaureate  mission,  community  college                                                            
mission and research mission.                                                                                                   
                                                                                                                                
Number 116                                                                                                                      
                                                                                                                                
SENATOR PEARCE asked several  questions, leading with whether the 8-                                                            
year term is  the right length of  time.  MR. ROGERS said  the board                                                            
changes  slowly  and  it's  a  complex  institution   with  multiple                                                            
missions  and constituencies.   As  a board member  it could  easily                                                            
take three years to get up to speed on the policy issues.                                                                       
                                                                                                                                
SENATOR PEARCE asked his vision for the University in 2007.                                                                     
                                                                                                                                
MR. ROGERS said its history  has included necessary reallocations in                                                            
the  early 1990s  with focus  on trimming  back  the administrative                                                             
structure,  and   more  recently,  the  faculty.    The   retirement                                                            
incentive  program has achieved  the objective  of saving money  but                                                            
the University  is letting too much of its intellectual  capital out                                                            
the door without replacing  it.  He would want to see the University                                                            
with  a   stable,  sustainable   fiscal  future,   relying   on  the                                                            
legislature to solve the  fiscal realities.  The traditional role of                                                            
a land grant university  is to support the economy of the state, and                                                            
he hopes it  will recognize and meet  that challenge by the  time he                                                            
leaves the board.                                                                                                               
                                                                                                                                
SENATOR  PEARCE  countered  it  is  not a  question  of  people  not                                                            
understanding  the University's role, but the stark  reality of a $1                                                            
billion fiscal gap, and  how the state can continue to use shrinking                                                            
general fund revenues for  the multitude of services provided to the                                                            
public.     She  asked  what  alternate   financial  resources   the                                                            
University should look at tapping.                                                                                              
                                                                                                                                
MR.  ROGERS  said  tuition  revenues  have  been pushed  as  far  as                                                            
possible  without losing  students at  the base  levels of  tuition.                                                            
There  might  be  specialized  tuitions  corresponding  to  economic                                                            
opportunities  created for students,  or extra charges for  delivery                                                            
systems making classes  easier and lowering costs for students, such                                                            
as distance  delivery or  intensive courses  lasting a week  or two.                                                            
Federal and other  external research funds have grown  significantly                                                            
and  without   more  core  state   support,  there  won't   be  much                                                            
opportunity  to drive that.  Revenues  could be generated  from non-                                                            
academic activities,  but he's seen problems with  the University in                                                            
competition with the private  sector, and has concerns about getting                                                            
too far outside  the core of teaching, research and  public service.                                                            
The University  has grown its land  revenues from the existing  land                                                            
base, largely  due to timber harvesting.   He didn't think  the same                                                            
proportion  of revenue  would be seen  from the  existing land,  but                                                            
continuing  to look for  revenue opportunities  and building  a land                                                            
grant trust  fund and endowment fund  will create a revenue  stream.                                                            
MR. ROGERS said  private giving will become more significant  in the                                                            
University's  revenues  as his generation  ages and  wishes to  give                                                            
back to society what it has been given.                                                                                         
                                                                                                                                
SENATOR  PEARCE asked  if he  would support  the concept  of a  bill                                                            
asking  all of  the communities  with local  campuses  to return  to                                                            
local contributions to  support the community college mission of the                                                            
University.   MR. ROGERS responded  the concept of local  support is                                                            
embodied  in the  concept  of  community  colleges, and  several  do                                                            
contribute today,  though not every community is positioned  to make                                                            
as significant  a contribution as  Valdez makes.  Provisions  within                                                            
University  policy today give  more local  control to the  community                                                            
college if  the community contributes.   It may be difficult  to get                                                            
some communities to agree to this right now.                                                                                    
                                                                                                                                
SENATOR PEARCE asked if  it is a fair expectation of the legislature                                                            
that the  University attract  the "best and  brightest" students  at                                                            
the  same  time  it  has  an  open enrollment   policy  and  expends                                                            
tremendous resources  on the part-time, non-traditional,  non-degree                                                            
student.  MR. ROGERS  said it is  the University's  mission and  not                                                            
unreasonable to  ask that it meet the postsecondary  education needs                                                            
of Alaskans.    Needs and  talents vary  widely in  the segments  of                                                            
Alaskan  society.    It's  a  big  job,  but  not  an  unreasonable                                                             
expectation.                                                                                                                    
                                                                                                                                
Number 294                                                                                                                      
                                                                                                                                
MS. FRAN ROSE,  Anchorage, stated she was employed  as an instructor                                                            
and program  coordinator at the Anchorage  Community College  for 13                                                            
years. In 1975  she received a Master's in Education  from UAA.  She                                                            
currently owns an investment business.                                                                                          
                                                                                                                                
SENATOR PEARCE  asked her  vision for the  University in 2007.   MS.                                                            
ROSE answered  that it should be world-class in some  area, and that                                                            
arctic research  has enormous potential for attracting  students and                                                            
business.   She  would like  to see  the University  become a  well-                                                            
grounded  liberal arts school  that functions  throughout the  state                                                            
electronically with distance  delivery. Its vocational programs will                                                            
add to the economics of  the state by preparing students for various                                                            
businesses.                                                                                                                     
                                                                                                                                
SENATOR PEARCE  replied that  it would seem  we're trying to  be all                                                            
things  to all  people at  a time  when there  is  a billion  dollar                                                            
fiscal  gap.   She  asked what  alternate  financial  resources  the                                                            
University  could tap.  MS. ROSE said  the University has  the least                                                            
amount of  land of any  land grant university.   Private  donations,                                                            
particularly  from successful  graduates,  and  grants and  research                                                            
would help.  A  portion of the earnings of the Permanent  Fund would                                                            
establish  an endowment and  provide a continual  steady income  for                                                            
the University.                                                                                                                 
                                                                                                                                
SENATOR PEARCE  responded that with  the $1 billion fiscal  gap that                                                            
higher oil prices won't  plug because of falling oil production, the                                                            
legislature could  use every dollar of the PF earnings  just to plug                                                            
that  gap and  not  have the  funding  to  set up  another  separate                                                            
endowment for  the University.  She asked if Ms. Rose  would support                                                            
asking  all the local  communities  to contribute  to the  community                                                            
college mission at some  equitable level from campus to campus.  MS.                                                            
ROSE said she  would, but with lowered state revenue  sharing "there                                                            
might be a lot  of hollering and screaming about that."   She didn't                                                            
know how it could be worked out to be equitable.                                                                                
                                                                                                                                
SENATOR  PEARCE   asked  if  she   thought  the  University   has  a                                                            
responsibility  to provide university courses in every  community in                                                            
the state.  MS. ROSE said  not in every community, but courses could                                                            
be provided electronically.                                                                                                     
                                                                                                                                
SENATOR WILKEN  pointed out  that at Chukchi  campus for the  school                                                            
year ending  May 1998, seven students  were graduated, four  of whom                                                            
were 2-year  degrees  and one,  a GED.   It cost  $900,000.  At  the                                                            
Northwest College,  nine students were graduated,  five of whom were                                                            
2-year degrees,  and two, GEDs.  It cost $1.3 million.   That's $2.2                                                            
million for 16  students, half of whom were 2-year  graduates.  When                                                            
the Senator brought that  to President Hamilton's attention, he said                                                            
there's more  to that outreach  than just  degrees.  SENATOR  WILKEN                                                            
said a lot of  the legislators question whether the  state can spend                                                            
that kind of money for  so few students unless it is understood what                                                            
else is being  provided in outreach  other than graduating  students                                                            
with degrees in higher learning.  He asked Ms. Rose to comment.                                                                 
                                                                                                                                
MS. ROSE  said it does concern  her, but she  doesn't know  yet what                                                            
goes on  at all the campuses.   It probably  shouldn't cost  so much                                                            
for so few students, but  she didn't know the enrollment.  There may                                                            
be  short-term training  for  jobs  that doesn't  show  up in  these                                                            
figures.   SENATOR WILKEN  asked Ms. Rose to  keep her eye  on those                                                            
numbers  and take  it on  as a mission  to educate  the legislature                                                             
about the  outreach campuses  so it  can better  decide how  to fund                                                            
them.                                                                                                                           
                                                                                                                                
Number 442                                                                                                                      
                                                                                                                                
MR. BOB MALONE, Anchorage,  stated he is a 6-year resident of Alaska                                                            
employed by  Alyeska Pipeline Service  Company, with  experience  in                                                            
the mining industry  and more recently, the oil industry.   He has a                                                            
diverse  business  background,   and  has  been  involved  with  the                                                            
Children's Trust and the University system.                                                                                     
                                                                                                                                
SENATOR  ELTON congratulated  Mr.  Malone  on his  appointment,  and                                                            
asked if  he would expect  to be in Alaska  for the full 8  years of                                                            
the term of his appointment  as a Regent.  MR. MALONE replied it was                                                            
a topic when he  received a call from the Governor,  and he told Mr.                                                            
Knowles  he could  not  guarantee he'd  be in  Alaska  for 8  years.                                                            
However, he  felt certain he could  at least make a contribution  in                                                            
the short term.                                                                                                                 
                                                                                                                                
SENATOR PEARCE  asked about his vision  for the University  in 2007.                                                            
                                                                                                                                
MR. MALONE  said the most important  goal would be enhanced,  strong                                                            
credentials   for  the   University  itself,   followed  by   fiscal                                                            
stability.  His   son  went  to  the  Lower  48  for   a  mechanical                                                            
engineering  degree.   Part  of  his focus  will  be on  making  the                                                            
University an  attractive educational alternative  for our children,                                                            
capitalizing on  the unique geographical location  and opportunities                                                            
in the natural  resource areas of   mining or petroleum engineering                                                             
or forestry.  He'd also  like to see the University attracting a lot                                                            
more external research dollars in the new millennium.                                                                           
                                                                                                                                
SENATOR  PEARCE   asked  what  alternate  financial   resources  the                                                            
University should  tap.  MR. MALONE said he's not  familiar with the                                                            
budget, but he  believes where communities can contribute,  it helps                                                            
with  the ownership  of  the system.   It  worries  him whether  the                                                            
communities  can fund  their  necessary services  and  also add  the                                                            
University system.                                                                                                              
                                                                                                                                
SENATOR PEARCE  brought up  an example of  Senator Halford  taking a                                                            
welding  class at  UAS for  which he  paid $300  and calculated  the                                                            
total cost  of providing the  class at $600.   It was a non-degree,                                                             
non-job  training  continuing  education  class  for  which  Senator                                                            
Pearce felt  Senator Halford  should pay over  50% of the cost.  MR.                                                            
MALONE said Alyeska  pays the full cost of training  their people at                                                            
the community college and University.                                                                                           
                                                                                                                                
Number 554                                                                                                                      
                                                                                                                                
SENATOR WILKEN  asked Mr. Malone to  become familiar with  the rural                                                            
campus mission  and efficiency  in delivery  of education,  and help                                                            
the legislature understand its needs.                                                                                           
                                                                                                                                
SENATOR  KELLY said he  doesn't know  if the benefits  of the  rural                                                            
campuses outweigh their  costs, but University people tell him there                                                            
is more  value than  meets the eye.   He would  like the Regents  to                                                            
begin thinking about mission misalignment and social needs.                                                                     
                                                                                                                                
MR. MALONE said he would commit to do that.                                                                                     
                                                                                                                                
SENATOR ELTON  commented in regard to costs and investments  that he                                                            
hoped for  recognition of  the benefits that  will be reaped  in the                                                            
future.    There are  divergent  views  among  legislators  and  the                                                            
Regents about the University's role in the rural campuses.                                                                      
                                                                                                                                
TAPE 99-21, SIDE B                                                                                                            
Number 586                                                                                                                      
                                                                                                                                
SENATOR  PEARCE said  that many  legislators  do not  feel that  all                                                            
undergraduate  degrees  should be offered  at all  of the  campuses,                                                            
despite the fact that students  leave Alaska for their postsecondary                                                            
education.  The only way  to get quality  is to  choose a campus  to                                                            
specialize in specific  programs.  She would not argue over the best                                                            
engineering  programs being  in Fairbanks,  the original land  grant                                                            
campus,  while  Anchorage   has  a better   setup  for  the  nursing                                                            
programs.                                                                                                                       
                                                                                                                                
CHAIRMAN MILLER  announced that Mr. Joe Usibelli,  Jr. is out of the                                                            
country  and cannot  be contacted.   The three  Fairbanks'  senators                                                            
would vouch  for him as a strong advocate  of the University  system                                                            
and CHAIRMAN MILLER stated  he personally felt Mr. Usibelli would be                                                            
a good appointee to the Board of Regents.                                                                                       
                                                                                                                                
CHAIRMAN MILLER  brought up the Board of Education  appointments and                                                            
announced that  Mr. Roy Nageak from Barrow is out  whale hunting and                                                            
the first whale of the season had been struck.                                                                                  
                                                                                                                                
Number 545                                                                                                                      
                                                                                                                                
MS. PAULA PAWLOWSKI  from Anchorage  described her background  of 25                                                            
years in public service  in education, and through the military, her                                                            
knowledge of different  educational systems in several  states.  Ms.                                                            
Pawlowski was appointed last August.                                                                                            
                                                                                                                                
SENATOR  PEARCE  asked  if the  Board  adopted  a standard  for  the                                                            
Practice Exams  for teachers that  the legislature passed  a bill to                                                            
require.  She replied that  was correct.  She asked her if the level                                                            
of the  exam itself was  changed last November  before any  of those                                                            
exams had been administered to teachers.                                                                                        
                                                                                                                                
MS. PAWLOWSKI  answered the State  Board was considering  one set of                                                            
scores when the  test score was set for the Practice  Exam. When the                                                            
committee went  through the tests, it recommended  to the Board that                                                            
the score  be lowered by  less than 10 points.   The Board  took the                                                            
committee's recommendation as a compromise.                                                                                     
                                                                                                                                
MS. PAWLOWSKI  said the committee  was comprised of teachers  around                                                            
the state.                                                                                                                      
                                                                                                                                
SENATOR  PEARCE   asked  why  the   Board  would  ever  lessen   the                                                            
requirements  for  teacher  standards,  particularly   without  even                                                            
administering  the tests to see if  there is a problem.   The intent                                                            
in passing the  law was to have the strictest standards  possible to                                                            
ensure  having the best  teachers.   She didn't  understand why  the                                                            
Board would  allow any group, even  legislators, to advise  lowering                                                            
the standards and make such a move.                                                                                             
                                                                                                                                
MS. PAWLOWSKI  replied the Board did  not set the scores  before the                                                            
committee began  to work.  Alaska  is in the top five states  in its                                                            
requirements.   She  did not believe  that negotiating  a  ten-point                                                            
spread was a step backward,  but a step in alignment with what other                                                            
states have  required.  The  Board wants teachers  to come  from all                                                            
states  and pass  those  scores.   There  was a  lot  of debate  and                                                            
research  into what  other  states  have done,  and  the Board  will                                                            
review how it  went a year from last November.  The  exam is for the                                                            
teacher  attending a  teacher preparation  course,  a basic test  of                                                            
skills and  a tool for the  teachers who did  not pass the  standard                                                            
test during  their  sophomore year  of college.   It  is not a  high                                                            
standards test, but a qualifying exit exam.                                                                                     
                                                                                                                                
SENATOR PEARCE  questioned why we'd want that person  to stay in the                                                            
degree program or to lower  that standard if it truly is that basic.                                                            
                                                                                                                                
MS. PAWLOWSKI  repeated the  Board did not  lower it, but put  it in                                                            
alignment with other states.   She assured the Senator that the test                                                            
scores will be reviewed next November.                                                                                          
                                                                                                                                
Number 467                                                                                                                      
                                                                                                                                
SENATOR ELTON  asked if the test scores or "Pass/Fail"  are released                                                            
to schools who are hiring  teachers. MS. PAWLOWSKI said teachers can                                                            
take it more than  once in order to pass all of it.  She didn't know                                                            
if  the  scores are  released.  SENATOR  ELTON  commented  that  his                                                            
concern  would  be mitigated  if  districts  know whether  they  are                                                            
hiring a teacher in the top or bottom ten percentile.                                                                           
                                                                                                                                
MS. PAWLOWSKI  said the Board wants a teacher to pass  the exam with                                                            
much higher than  the minimum requirement, and would  keep an eye on                                                            
it.                                                                                                                             
                                                                                                                                
CHAIRMAN MILLER said that  after hearing the final Board appointment                                                            
his intent was  to take up SB 112, followed by the  agencies invited                                                            
to speak on SB 94.  The  committee would go until 3:30 if necessary.                                                            
                                                                                                                                
Number 438                                                                                                                      
                                                                                                                                
MS. SUSAN  STITHAM  of Fairbanks  stated  she has  been involved  in                                                            
education  in Alaska for 20  or 25 years.   The Board is a  cohesive                                                            
group with commitment to  quality education and has made progress in                                                            
terms of  standards, and  she's pleased to  have the opportunity  to                                                            
continue serving on it.                                                                                                         
                                                                                                                                
CHAIRMAN  MILLER returned  to Senator  Pearce's  question about  the                                                            
test scores,  and said  it sounded  like the exam  would be  in line                                                            
with other states but Alaska  wouldn't be at the top of the list for                                                            
having a tough  test.  If that perception  is accurate, it  concerns                                                            
him.                                                                                                                            
                                                                                                                                
MS. STITHAM replied that  she voted against that test score, and she                                                            
shares  the committee's  concerns  but understands  that the  advice                                                            
from the Educational  Testing Service  (ETS) was that the  score was                                                            
way  out of  line and  "too  high."   There  might have  been  legal                                                            
liabilities and  ETS made a recommendation for Alaska  based on work                                                            
they'd  done  here.   With  any  high  stakes  assessment  there  is                                                            
potential litigation:  if you don't pass this exam,  you don't get a                                                            
license.  The Board will  revisit this once the test results are in.                                                            
This test  measures  literacy and  numeracy, and  there should  be a                                                            
high  standard. She  expressed  frustration  that this  test  didn't                                                            
measure  what a person  doesn't know,  with a score  of 30 versus  a                                                            
score  of 25.  She  would like  to  see a  move  toward performance                                                             
assessments.                                                                                                                    
                                                                                                                                
SENATOR WILKEN  asked if she is near retirement and  thanked her for                                                            
her service to the kids at Lathrop High.                                                                                        
                                                                                                                                
CHAIRMAN  MILLER  asked for  an  all-inclusive  motion  to move  the                                                            
confirmation of appointments.                                                                                                   
                                                                                                                                
SENATOR ELTON moved that  the committee forward to the full body the                                                            
names of the appointments  to state boards in its three-page report.                                                            
Without objection, it was so ordered.                                                                                           
                                                                                                                                
Number 360                                                                                                                      
                                                                                                                                
SENATOR WILKEN  moved that the committee report out  the individuals                                                            
considered for the State  Board of Education.  Without objection, it                                                            
was so ordered.                                                                                                                 
                                                                                                                                
SENATOR  WILKEN  moved  that  the  committee  report  out  the  four                                                            
individuals  nominated  by the Governor  for the  Board of  Regents.                                                            
Without objection, it was so ordered.                                                                                           
                                                                                                                                
            SB 112-POSTSECONDARY CLASS FOR HIGH SCHOOL                                                                      
                                                                                                                                
CHAIRMAN  MILLER brought up  SB 112, and  explained the proposed  CS                                                            
addresses Senator  Pearce's concern by adding on page  2, line 3, "a                                                            
student in good standing."                                                                                                      
                                                                                                                                
SENATOR ELTON  said that in addition  to that language, the  CS also                                                            
states on  page 2, lines  11 and 12, that  "good standing"  shall be                                                            
determined  by the  governing  body of  the  district.   It will  be                                                            
defined by the individual districts, not in statute.                                                                            
                                                                                                                                
SENATOR PEARCE  moved to  adopt the Committee  Substitute.   Without                                                            
objection, it was adopted.                                                                                                      
                                                                                                                                
Number 331                                                                                                                      
                                                                                                                                
MR. HARRY ROGERS, Valdez  School District, stated his district has a                                                            
concern  that SB  112 may  have  a negative  effect  on its  current                                                            
program that successfully  blends high school and  college for those                                                            
going on to a  degree program or to a school-to-career  program.  He                                                            
described  the partnership  between parents,  PWS Community  College                                                            
and Valdez  High School.  Of the 229  high school students,  104 are                                                            
taking  college  credit.  If  this  bill  passes,  it  could  add  a                                                            
considerable  fiscal note  to the  school district  without  gaining                                                            
anything  beyond what  it's already  doing.  With  a fiscal  note of                                                            
$75,000 or  $80,000 the district will  have to reevaluate  what it's                                                            
doing.                                                                                                                          
                                                                                                                                
SENATOR  ELTON  commented  that  one  addition  to  the  bill  is  a                                                            
provision that  it will not preclude  other arrangements  that lower                                                            
tuition  and do some  of the things  Mr. Rogers'  district is  doing                                                            
with adjunct  professors.   He would  follow up  with a phone  call.                                                            
MR. ROGERS thanked the Senator.                                                                                                 
                                                                                                                                
SENATOR  ELTON moved  CSSB 112(HES)  Version I  from committee  with                                                            
individual recommendations.   Without objection, it  was so ordered.                                                            
                                                                                                                                
                  SB  94-MEDICAL USE OF MARIJUANA                                                                           
                                                                                                                              
                                                                                                                                
TAPE 99-21, SIDE B                                                                                                            
Number 280                                                                                                                      
                                                                                                                                
MR. MIKE PAULEY,  Staff Aide to Senator Leman, offered  to defer his                                                            
comments and requested  the Chairman accommodate the  people holding                                                            
on-line.                                                                                                                        
                                                                                                                                
MR. DUANE UDLAND, Anchorage  Chief of Police, called in from Chicago                                                            
and  said Senator  Leman  deserves  thanks  for bringing  this  bill                                                            
forward.  Two  issues are important to police chiefs:  (1) mandatory                                                            
registration  of  the  patient  and  the  primary  care  giver  with                                                            
restriction on how many  patients a primary care giver can serve, to                                                            
avoid becoming  a local dealer; and  (2) the definition  of how much                                                            
marijuana can  be possessed under  this law; two ounces or  6 plants                                                            
is too  broad  and needs  work.   The police  don't  want to  arrest                                                            
people who  have the medical marijuana  exception, or deal  with the                                                            
same problems that California has developed.                                                                                    
                                                                                                                                
MR.  "SCOOTER"  JAMES  WELCH,  Chief  Law  Enforcement  Officer  for                                                            
Fairbanks  Police  Department,  said  enforcement's  concern  is  to                                                            
strike a balance between  compassion and legitimizing a narrow field                                                            
of what  is an  illegal activity.  One plant  can yield  a pound  of                                                            
marijuana selling  for $4500, and  can be harvested 3 times  a year.                                                            
Six plants  could be  big business,  producing an  $80,000 per  year                                                            
income.   There  must be  some  way to  regulate,  and the  existing                                                            
legislation  is too  broad.   Similarly, pharmaceutical  cocaine  is                                                            
available  for legitimate  medical purposes  or you  can buy  street                                                            
cocaine,  with a  vast difference  between  the two  products.   Law                                                            
enforcement  doesn't want to overlook  the voters of the  state but,                                                            
MR. WELCH said, the legislation needs some changes.                                                                             
                                                                                                                                
Number 180                                                                                                                      
                                                                                                                                
MR. DEAN GUANELI,  Chief Assistant Attorney General  in the Criminal                                                            
Division of Department  of Law, said the voters have  spoken for the                                                            
medical  use of marijuana.   The  administration  wants to make  the                                                            
initiative  work, but it  must be changed  because it has  technical                                                            
and serious substantive problems.                                                                                               
                                                                                                                                
The  initiative   allows  registered  patients   to  sell  to  other                                                            
registered  patients, or  to anyone  if it's not  known for  certain                                                            
that  the  person   is  not  entitled  to  use  marijuana.     After                                                            
California's  initiative passed,  marijuana  clubs with memberships                                                             
sprang up,  and open buying and smoking.   The club owners'  defense                                                            
was that  they were  the primary care  givers.   The profits  of the                                                            
largest club in  San Francisco were $1 million a month  until it was                                                            
shut down by the state.   The state was able to shut it down because                                                            
there  wasn't anything  specific  in  their law  allowing  marijuana                                                            
clubs. In Alaska, there  is something specific allowing a registered                                                            
patient to do that.                                                                                                             
                                                                                                                                
The initiative  states a registered  patient can't use marijuana  in                                                            
public but registration  is not required to use it, so if you're not                                                            
a registered  patient and  simply use it,  you can use marijuana  in                                                            
public.  This raises the question of constitutionality.                                                                         
                                                                                                                                
MR.  GUANELI  said it  creates  a strong  argument  that  it is  not                                                            
constitutional   in   treating   two   similarly   situated   people                                                            
differently  for no apparent  reason and it  is likely to be  struck                                                            
down.  Arguably, anyone can use medical marijuana in public.                                                                    
                                                                                                                                
A tricky provision  in the initiative  states that if a person  uses                                                            
marijuana for  medical purposes, it  is not a controlled  substance.                                                            
Almost all prescription  drugs are controlled substances  with state                                                            
and federal controls.   If a person uses medical marijuana  for pain                                                            
or  nausea and  gets  very  stoned and  drives  a car,  that's  okay                                                            
because the  driving while intoxicated  law states you're  guilty of                                                            
that crime if you're under  the influence of alcohol or a controlled                                                            
substance.   Medical marijuana  is not a  controlled substance,  and                                                            
therefore you  can't be punished for driving under  the influence. A                                                            
specific provision in the  initiative says the registration card can                                                            
be taken away  for one year.  Since you don't have  to be registered                                                            
to use marijuana, it has no effective penalty.                                                                                  
                                                                                                                                
There is a  problem with the amount  of marijuana that can  be used.                                                            
One ounce plus  six plants can be  a lot of marijuana.  The  average                                                            
amount  from a  mature  plant is  about 4  ounces  of usable,  dried                                                            
marijuana.   The  average  of usable  marijuana,  from seedlings  to                                                            
mature plants,  is about 1  ounce.  Mr. Guaneli  gave an example  of                                                            
how, under  the initiative, a person  could possess up to  one pound                                                            
of marijuana.  The initiative  goes further and allows using more if                                                            
you can prove that it's justified.                                                                                              
                                                                                                                                
The initiative  puts many restrictions on law enforcement  officials                                                            
in terms of search and  seizure and forfeiture, by placing marijuana                                                            
in a separate category  from other drugs or prescription drugs. When                                                            
police officers  take some of this  property, they have to  preserve                                                            
it and water the  plants.  If for some technical search  and seizure                                                            
reason the  case gets thrown out of  court, the police have  to give                                                            
the  property back.    It is  completely  different  from any  other                                                            
provision in law, and DOL believes it is not appropriate.                                                                       
                                                                                                                                
Senator Leman's bill corrects  a number of these problems.  It makes                                                            
registration  mandatory which  addresses the  practical problem  for                                                            
law enforcement officers  regarding arrest or release for legitimate                                                            
use.  It changes the law  so that marijuana, for medical purposes or                                                            
not, is  a controlled substance.  Finally,  it ensures there  is one                                                            
care  giver  for one  patient,  to  avoid the  problems  arising  in                                                            
California.                                                                                                                     
                                                                                                                                
Number 058                                                                                                                      
                                                                                                                                
CHAIRMAN  MILLER commented  that, as a business  owner, he  does not                                                            
allow cigarette  smoking in his store.  If the initiative  were left                                                            
intact, he asked  if someone smoking medical marijuana  in his store                                                            
could  be treated  differently  than  someone smoking  a  cigarette.                                                            
Could he  ask them  to leave his  store, or would  that violate  the                                                            
law?                                                                                                                            
                                                                                                                                
MR.  GUANELI  replied there  is  a  provision  that nothing  in  the                                                            
initiative  shall  require  the  accommodation  of  medical  use  of                                                            
marijuana in any  place of employment. Arguably, restrictions  could                                                            
be placed.                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER asked if  that applies to employees or to customers.                                                            
                                                                                                                                
MR.  GUANELI said  you could  restrict  customers  because it  would                                                            
bother  employees.   On  the other  hand,  with the  Americans  with                                                            
Disabilities Act, there  might be an argument that because state law                                                            
allows  a certain  substance  to  be used,  it might  be  a kind  of                                                            
discrimination  against someone  with a disability.   This  question                                                            
presents a potential problem.                                                                                                   
                                                                                                                                
MR. GUANELI said that Senator  Leman's Sponsor Substitute takes care                                                            
of a number  of the problems  he mentioned,  and there are  a number                                                            
that it  does not  address.  Amendments  have  been prepared  and he                                                            
offered to explain them.                                                                                                        
                                                                                                                                
CHAIRMAN  MILLER  asked  if  he  has  seen  Mr.  Luckhaupt's   draft                                                            
amendments  that  put  Mr.  Guaneli's  amendments  into legislative                                                             
language.  He replied that  he had, and they cover all of the topics                                                            
suggested by the  administration with the exception  of the last one                                                            
which is still being drafted.                                                                                                   
                                                                                                                                
TAPE 99-22, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN  MILLER stated his  intent to take  public testimony  today                                                            
and discuss the  Sponsor Substitute and the amendments  prepared for                                                            
it.                                                                                                                             
                                                                                                                                
SENATOR ELTON  questioned Mr. Guaneli about his description  of "two                                                            
people similarly  situated," one under the authority  of a physician                                                            
who  can use  marijuana  in  public  and someone  like  himself  who                                                            
wouldn't be able to use  it publicly.  MR. GUANELI clarified that he                                                            
meant a registered  user with a physician's  recommendation,  and an                                                            
unregistered user  who has a physician's recommendation  but who has                                                            
chosen not to register, to use it and run the risk of arrest.                                                                   
                                                                                                                                
CHAIRMAN  MILLER  asked,  if  the  committee  moves  the  amendments                                                            
proposed by DOL  and Public Safety as the vehicle  and it passes the                                                            
legislature with no major  changes, would the administration support                                                            
these changes  to SB  94 and would  Mr. Guaneli  recommend that  the                                                            
Governor sign the bill.                                                                                                         
                                                                                                                                
MR. GUANELI  said the departments  are in  consensus that these  are                                                            
appropriate  amendments.     They  have  discussed   them  with  Pat                                                            
Pourchot, the  Governor's legislative  liaison, and are prepared  to                                                            
support this bill as amended.                                                                                                   
                                                                                                                                
Number 048                                                                                                                      
                                                                                                                                
MR.  DEL SMITH,  Deputy Commissioner  of  the Department  of  Public                                                            
Safety,  echoed the  comments of Chief  Udland and  Chief Welch  and                                                            
spoke for mandatory  registration.  The department's  concern is not                                                            
to  figure out  whether  people  ought to  have  marijuana,  because                                                            
obviously that's  the case.  He said  mandatory registration  with a                                                            
card, or computer  verification of  medical use with the  DHSS would                                                            
be preferable  to seizing  marijuana from  someone who later  turned                                                            
out to have  a doctor's note.  The  possession issue and  the amount                                                            
must be clearly delineated for the officer on the street.                                                                       
                                                                                                                                
Number 082                                                                                                                      
                                                                                                                                
MR.  ELMER LINDSTROM,  Special  Assistant  to  Commissioner  Perdue,                                                            
Department  of Health & Social Services,  said the department  has a                                                            
somewhat different  perspective.   Law enforcement notified  DHSS of                                                            
enforcement concerns  shortly after the initiative  passed, and DHSS                                                            
would defer to those concerns.   However, its difficulty is to craft                                                            
a  solution  that   doesn't  make  administration   of  the  program                                                            
impossible  or difficult,  or that is inappropriately  intrusive  of                                                            
the  patient/physician   relationship  and  violates   the  standard                                                            
practice of medicine in this state.                                                                                             
                                                                                                                                
With these  amendments, the department  would not be opposed  to the                                                            
legislation.   He pointed out the DHSS 4/27/99 fiscal  note totaling                                                            
$87,700.   DHSS had  an increment  in the House  and Senate  Finance                                                            
Committees  to operate its registry  under the initiative  as it was                                                            
passed, but unfortunately  it was not approved by  either committee.                                                            
Without the  resource and  despite the best  efforts to improve  the                                                            
legislation, the department  would not be able to get information to                                                            
law enforcement  in a timely manner.   Under the registry  system, a                                                            
patrolman could  call in from the street to the DHSS  dispatcher and                                                            
find out immediately if  a person was a patient or a registered care                                                            
giver.   If these  amendments were  approved by  the committee,  MR.                                                            
LINDSTROM said  the fiscal note would  be reduced by about  $30,000.                                                            
                                                                                                                                
MR. SMITH agreed with Mr.  Lindstrom that law enforcement would need                                                            
to know in the middle of  the night, not at 8:00 when personnel come                                                            
in to work.                                                                                                                     
                                                                                                                                
Number 120                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER said although  he did not support the initiative the                                                            
intent  of  the  committee  is  to  make  the  program  work.    The                                                            
initiative was  supported by the voters so the program  must be made                                                            
to  work  for  law enforcement   and the  folks  who  truly  have  a                                                            
legitimate  medical   need  for  the  substance.    He  thanked  the                                                            
departments  for their time  and effort.  He  said his intent  is to                                                            
bring  back  the  Committee   Substitute  on  Monday,   which  would                                                            
essentially be their amendments.                                                                                                
                                                                                                                                
Number 140                                                                                                                      
                                                                                                                                
MR. MATTHEW  FAGNANI stated he is  President of Work Safe  Inc., the                                                            
largest drug  and alcohol testing  business in the state,  providing                                                            
testing to 2500 private  businesses and public sector organizations.                                                            
Its objective  is to improve workplace safety and  reduce customers'                                                            
exposure to  liability from employees'  illegal drug use.   He spoke                                                            
to the  potential  workplace impacts  of the  marijuana initiative,                                                             
saying numerous  loopholes in the  language provide for ample  abuse                                                            
of the  law.  Senator  Leman has  corrected some  of these,  and Mr.                                                            
Fagnani  supported  the administration's  amendments  as  well.   He                                                            
supported further  revising the definition of "debilitating  medical                                                            
condition"  because the current broad  definition would potentially                                                             
enable persons  with certain conditions  to obtain a recommendation                                                             
for use  and be in the  workplace.  He  suggested incorporating  the                                                            
requirement  of a three-physician  panel to  review the decision  of                                                            
the physician  and ensure that other means of alleviating  pain have                                                            
been explored. Also of  concern is the loophole allowing patients of                                                            
primary care givers  to sell or distribute marijuana  to each other.                                                            
                                                                                                                                
He said marijuana  is especially dangerous in the  workplace because                                                            
it impairs  coordination and  judgment, making  it a major  cause of                                                            
accidents.   Use of  it off the  job causes residual  effects.   The                                                            
Alaska Human  Rights Commission has  informally indicated  they will                                                            
view  a  medical   recommendation  for  marijuana   the  same  as  a                                                            
legitimate  prescription for  other drugs.   Employers will  have to                                                            
make reasonable  accommodations  in  the workplace  even though  the                                                            
federal Americans  with Disabilities  Act does not recognize  use of                                                            
medical marijuana  as a  disability. Although  the statute  does not                                                            
require accommodation  in the workplace,  it also does not  prohibit                                                            
it.                                                                                                                             
                                                                                                                                
Number 244                                                                                                                      
                                                                                                                                
DR. ANDREW EMBICK, a physician  in private practice in Valdez, spoke                                                            
in  opposition  to SB  94.   He  said he  is  neither  an expert  on                                                            
marijuana  nor  on  the legal  system,  but  the  "replacement  bill                                                            
creates  an impossible  standard  which cannot  come  even close  to                                                            
being met by  physicians," because  it requires that marijuana  used                                                            
medically be the  only therapeutic modality in use,  rather than one                                                            
among  a  number  of  useful  treatments.     This  is  his  primary                                                            
objection.    If it is so dangerous,  he asked, why in twenty  years                                                            
has he never run into anyone with a medical problem from it?                                                                    
                                                                                                                                
Number 303                                                                                                                      
                                                                                                                                
MR. DAVID FINKELSTEIN of  Alaskans for Medical Rights (AMR) stated a                                                            
recent national  Gallup Poll indicated 73% of Americans  support the                                                            
medical use of marijuana  at this time. He thanked Senator Leman for                                                            
the improvements  in his Sponsor Substitute to SB  94 that addressed                                                            
his group's concerns.                                                                                                           
                                                                                                                                
He stated  the AMR believes  the legislation  is not necessary.  The                                                            
AMR doesn't  disagree with  the goals of  law enforcement,  and also                                                            
wants a law  that is easily enforced.   The interpretation  of minor                                                            
drafting errors  should be dealt with through regulations  or in the                                                            
Revisor's  Bill.  The standards  involved allow  for these  kinds of                                                            
regulations.  Regulations for  the registration  system won't  be in                                                            
place  until  this   summer.    He  said  he  doesn't   foresee  any                                                            
significant  problems  occurring  from the  implementation  of  this                                                            
bill, but if there are, these could be addressed next session.                                                                  
                                                                                                                                
Mr. Finkelstein would discuss  their major concerns with the Sponsor                                                            
Substitute that  fall into nine areas, and said he  wouldn't address                                                            
the amendments from the administration today.                                                                                   
                                                                                                                                
A concern  is the elimination  of protection  from arrest.   It's an                                                            
affirmative  defense and it's not  appropriate when a person  gets a                                                            
doctor's  recommendation,  applies to  the state  and meets all  the                                                            
other requirements.                                                                                                             
                                                                                                                                
Another concern  is access to the list by law enforcement  agencies.                                                            
The  SS  adds  "in  the  course  of  a  criminal  investigation   or                                                            
prosecution"  and  this  provision  will  significantly   discourage                                                            
people from signing up on the list.                                                                                             
                                                                                                                                
An additional  concern is mandatory registration.   To avoid arrest,                                                            
you must  be registered  with the  state. There  will be  situations                                                            
where people aren't registered  although they have complied with all                                                            
the  other  requirements,  and  they could  be  convicted.    Future                                                            
administrations may not support the registration system.                                                                        
                                                                                                                                
The letter  from  19 doctors  indicates no  additional requirements                                                             
are necessary.   Adding standards  for the doctor will make  it much                                                            
harder for  them to make  recommendations  for legitimate  patients.                                                            
Doctors must be allowed  to make their own judgments. He referred to                                                            
AS 08.64.101 which  allows for review of doctors,  various reprimand                                                            
levels or elimination of their license.                                                                                         
                                                                                                                                
The  provision in  AS 17.37.010  states  the recommendation  of  the                                                            
doctor  would specify  the nature  of the patient's  condition.   If                                                            
that is added,  MR. FINKELSTEIN said  he doubts many patients  would                                                            
ever register  with the state.  Records  including details  of their                                                            
medical  history is  completely inappropriate  and  would lead  to a                                                            
system unintended in the initiative.                                                                                            
                                                                                                                                
A concern is  the protection given  to doctors.  In the initiative,                                                             
doctors are  protected from prosecution  if making a recommendation                                                             
is based on a legitimate  doctor-patient relationship.  The language                                                            
in the SS gives  doctors legal protection when they  also base it on                                                            
other approved treatments.   That higher standard and the complexity                                                            
involved  is a discouraging  factor, because  it's unclear  that the                                                            
doctor  will  be protected  by  law if  he  is making  a  legitimate                                                            
attempt  to  address   the  medical  needs  of  the  patient.   This                                                            
protection shouldn't be conditional.                                                                                            
                                                                                                                                
SENATOR WILKEN asked if he is looking at Version I.                                                                             
                                                                                                                                
MR. FINKELSTEIN said yes, and referred to page 9, line 15.                                                                      
                                                                                                                                
SENATOR WILKEN asked him to repeat his testimony.                                                                               
                                                                                                                                
MR. FINKELSTEIN said that  subsection (A) is basic, that a physician                                                            
should  not be  penalized  for  making these  diagnoses  based  upon                                                            
assessment  of the patient's medical  history and condition,  and in                                                            
the  context  of a  bona  fide  patient-doctor  relationship.    The                                                            
Sponsor Substitute  adds that  the recommendation  is also  based on                                                            
other  approved  medications  and treatments.    While  that may  be                                                            
legitimate,   would  the   doctor  have  legal   protection   if  he                                                            
inaccurately  interpreted  or  applied  subsection  (B).   It  would                                                            
discourage  any  doctor  from  even touching  the  subject,  and  to                                                            
prosecute a  doctor for misinterpretation  of this section  would be                                                            
unfair.                                                                                                                         
                                                                                                                                
Another  concern  relates  to  one  patient  per care  giver.    The                                                            
concerns  expressed  by  law  enforcement  are  reasonable.    Draft                                                            
regulations  would  limit  one  person  per care  giver  except  for                                                            
Hospice  situations or  where people  apply to the  state.   The AMR                                                            
thinks there  are others such as family  members who should  also be                                                            
covered, which is partially  addressed in the Sponsor Substitute. He                                                            
said this kind of detail can be handled in the regulations.                                                                     
                                                                                                                                
An additional  concern  relates to  the approach  on excess  amount.                                                            
The way  the law is  written, if  you have more  than an ounce  or 6                                                            
plants,  3  of which  are  mature  plants, then  you're  subject  to                                                            
arrest.  There are cases  where patients legitimately need more than                                                            
an ounce and it's not easy to obtain it.                                                                                        
                                                                                                                                
MR. FINKELSTEIN  concluded  with a final  concern regarding  the way                                                            
doctors  are treated  and  the standards  for  what is  a bona  fide                                                            
doctor-patient relationship.                                                                                                    
                                                                                                                                
Number 492                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER  announced the committee would recess  and reconvene                                                            
at 6:00  p.m.  Depending  on how many people  want to testify  on SB
94,  a time  limit might  be  imposed on  each speaker  because  the                                                            
committee  could  meet  only  from  6:00 to  8:00.    The  committee                                                            
recessed at 3:45 p.m.                                                                                                           

Document Name Date/Time Subjects