Legislature(2005 - 2006)BUTROVICH 205

02/27/2006 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 251 POSTSEC. STUDENT MENINGITIS IMMUNIZATION TELECONFERENCED
Moved SB 251 Out of Committee
+ SB 244 NO DISCRIMINATION AGAINST ACUPUNCTURIST TELECONFERENCED
Heard & Held
*+ SJR 19 TASK FORCE ON HOSPITAL INFECTIONS TELECONFERENCED
Moved SJR 19 Out of Committee
*+ SB 242 STATUTORY REFERENCES TO DISABILITIES TELECONFERENCED
Heard & Held
+ HB 357 STATUTORY REFERENCES TO DISABILITIES TELECONFERENCED
Moved CSHB 357(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                       February 27, 2006                                                                                        
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Fred Dyson, Chair                                                                                                       
Senator Gary Wilken, Vice Chair                                                                                                 
Senator Kim Elton                                                                                                               
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyda Green                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 251                                                                                                             
"An Act relating to immunization  for meningitis of postsecondary                                                               
students residing on campus."                                                                                                   
     MOVED SB 251 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 244                                                                                                             
"An   Act   prohibiting    unfair   discrimination   against   an                                                               
acupuncturist;  amending  the  definition  of  'provider'  as  it                                                               
relates  to  authorized  collective  negotiations  by  physicians                                                               
affecting  the rights  of providers  under health  benefit plans;                                                               
and providing for an effective date."                                                                                           
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 19                                                                                                  
Relating to  creating the Task  Force to Assess  Public Reporting                                                               
of Health Care Associated Infections.                                                                                           
     MOVED SJR 19 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 242                                                                                                             
"An Act  updating the  terminology in  statutes for  persons with                                                               
disabilities; and providing for an effective date."                                                                             
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 357(FIN)                                                                                                  
"An Act  updating the  terminology in  statutes for  persons with                                                               
disabilities; and providing for an effective date."                                                                             
     MOVED CSHB 357(FIN) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 251                                                                                                                  
SHORT TITLE: POSTSEC. STUDENT MENINGITIS IMMUNIZATION                                                                           
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
01/30/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        

01/30/06 (S) HES 02/08/06 (S) HES AT 1:30 PM BUTROVICH 205 02/08/06 (S) Scheduled But Not Heard 02/27/06 (S) HES AT 1:30 PM BUTROVICH 205 BILL: SB 244 SHORT TITLE: NO DISCRIMINATION AGAINST ACUPUNCTURIST SPONSOR(s): SENATOR(s) WAGONER

01/19/06 (S) READ THE FIRST TIME - REFERRALS

01/19/06 (S) L&C, HES 02/07/06 (S) L&C AT 1:30 PM BELTZ 211 02/07/06 (S) Heard & Held 02/07/06 (S) MINUTE(L&C) 02/14/06 (S) L&C AT 1:30 PM BELTZ 211 02/14/06 (S) Moved SB 244 Out of Committee 02/14/06 (S) MINUTE(L&C) 02/15/06 (S) L&C RPT 3DP 2NR 02/15/06 (S) DP: BUNDE, ELLIS, STEVENS B 02/15/06 (S) NR: DAVIS, SEEKINS 02/27/06 (S) HES AT 1:30 PM BUTROVICH 205 BILL: SJR 19 SHORT TITLE: TASK FORCE ON HOSPITAL INFECTIONS SPONSOR(s): SENATOR(s) STEVENS G 02/14/06 (S) READ THE FIRST TIME - REFERRALS 02/14/06 (S) HES, FIN 02/27/06 (S) HES AT 1:30 PM BUTROVICH 205 BILL: SB 242 SHORT TITLE: STATUTORY REFERENCES TO DISABILITIES SPONSOR(s): SENATOR(s) FRENCH

01/18/06 (S) READ THE FIRST TIME - REFERRALS

01/18/06 (S) HES 02/27/06 (S) HES AT 1:30 PM BUTROVICH 205 BILL: HB 357 SHORT TITLE: STATUTORY REFERENCES TO DISABILITIES SPONSOR(s): REPRESENTATIVE(s) WILSON

01/11/06 (H) READ THE FIRST TIME - REFERRALS

01/11/06 (H) HES, FIN

01/24/06 (H) HES AT 3:00 PM CAPITOL 106

01/24/06 (H) Heard & Held

01/24/06 (H) MINUTE(HES)

01/31/06 (H) HES AT 3:00 PM CAPITOL 106

01/31/06 (H) Moved CSHB 357(HES) Out of Committee

01/31/06 (H) MINUTE(HES) 02/01/06 (H) HES RPT CS(HES) 4DP 1NR 02/01/06 (H) DP: CISSNA, GARDNER, SEATON, WILSON; 02/01/06 (H) NR: KOHRING 02/13/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519 02/13/06 (H) Moved CSHB 357(FIN) Out of Committee 02/13/06 (H) MINUTE(FIN) 02/17/06 (H) FIN RPT CS(FIN) 5DP 2NR 1AM 02/17/06 (H) DP: STOLTZE, KERTTULA, HAWKER, FOSTER, MEYER; 02/17/06 (H) NR: HOLM, KELLY; 02/17/06 (H) AM: WEYHRAUCH 02/17/06 (H) LETTER OF INTENT WITH FIN REPORT 02/22/06 (H) TRANSMITTED TO (S) 02/22/06 (H) VERSION: CSHB 357(FIN) 02/23/06 (S) READ THE FIRST TIME - REFERRALS 02/23/06 (S) HES, FIN 02/27/06 (S) HES AT 1:30 PM BUTROVICH 205 WITNESS REGISTER Scott Thorson, CEO Network Business Systems Anchorage, AK POSITION STATEMENT: Supported SB 251. Jay Butler, Acting Chief, Epidemiology Section Division of Public Health Department of Health & Social Services PO Box 110601 Juneau, AK 99801-0601 POSITION STATEMENT: Supported SB 251 and SJR 19. Amy Seitz, Legislative Aide Staff to Senator Wagoner Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Introduced SB 244. Melanie Millhorn, Director Division of Retirement & Benefits Department of Administration PO Box 110200 Juneau, AK 99811-0200 POSITION STATEMENT: Provided information related to SB 244. Freda Miller, Health Benefits Manager Division of Retirement & Benefits Department of Administration PO Box 110200 Juneau, AK 99811-0200 POSITION STATEMENT: Provided information related to SB 244. Valerie DeLaune, Licensed Acupuncturist Juneau, AK POSITION STATEMENT: Supported of SB 244. Senator Gary Stevens Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Sponsor of SJR 19. Rod Betit, President Alaska State Hospital Nursing Home Association 426 Main Street Juneau, AK 99801 POSITION STATEMENT: Supported SJR 19. Lori Herman Providence Hospital Anchorage, AK POSITION STATEMENT: Supported of SJR 19. Senator Hollis French Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Supported SB 242. Representative Peggy Wilson Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Sponsor of HB 357. Kevin Gadsey, Representative Southeast Alaska Independent Living (SAIL) POSITION STATEMENT: Supported SB 242 and HB 357. Faith Myers Mental Health Advocate Anchorage, AK POSITION STATEMENT: Supported SB 242 and HB 357. Dorrance Collins Mental Health Advocate Anchorage, AK POSITION STATEMENT: Supported SB 242 and HB 357. Aaron Danielson, Legislative aide Intern to Representative Wilson Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Available for questions related to HB 357. ACTION NARRATIVE CHAIR FRED DYSON called the Senate Health, Education and Social Services Standing Committee meeting to order at 1:33:40 PM. Present were Senators Gary Wilken, Kim Elton, Donny Olson, and Chair Fred Dyson. SB 251-POSTSEC. STUDENT MENINGITIS IMMUNIZATION CHAIR FRED DYSON announced SB 251 to be up for consideration. 1:34:43 PM SENATOR CON BUNDE, sponsor of SB 251, explained that the bill that passed last year relating to postsecondary schools and meningitis was too broad because it included postsecondary schools without dormitories. The new requirement is burdensome to schools and an invasion of student privacy for little purpose. SB 251 would exempt postsecondary educational institutions without dormitory facilities from the requirement of information distribution about meningitis. The sponsor of the previous bill agreed that this adjustment is appropriate. 1:37:24 PM SENATOR KIM ELTON questioned why the phrase "intends to reside" is used rather than "will reside." SENATOR BUNDE answered that it was the drafter's language. SENATOR ELTON said he would follow up with the drafter. SENATOR OLSON asked how many institutions this would apply to. JANE ALBERTS, Staff to Senator Con Bunde, said that data was difficult to find. CHAIR DYSON opened public testimony. 1:39:38 PM SCOTT THORSON, CEO, Network Business Systems, testified in support of SB 251. He said the current situation doesn't work for distance learning for a number of reasons for the following reasons. Students have to sign documents that appear to invade their privacy. Second, it increases the cost of education. Third the regulations require the state to keep records, but it is not clear how this benefits the state. Fourth, the current requirements don't do anything to reduce the potential of meningitis. Fifth, the original wording pertained to postsecondary institutions with dormitories, but there are 136 postsecondary institutions without dormitories that will be affected. 1:44:46 PM JAY BUTLER, Acting Chief, Epidemiology Section, Division of Public Health, Department of Health & Social Services (DHSS), supported SB 251. He said that various epidemiological studies suggest that the overall risk of meningococcal meningitis is relatively low, but risk is ten to twenty-five times higher among dorm residents. He added that the provisions in SB 251 also bring the law into line with recommendations from the Center for Disease Control's advisory committee on immunization practices and the recommendations of the American Academy of Pediatrics. SENATOR OLSON asked about the frequency of allergic reactions to immunizations. MR. BUTLER replied that they are quite uncommon. SENATOR OLSON asked whether there have been any other negative reactions or side affects associated with the vaccinations. MR. BUTLER replied that a small number of the recipients of the conjugate vaccine developed Guillian-Barre syndrome. He added that this occurred after upward of one million doses of the vaccine had been administered and follow-up on the incidents does not suggest a relationship between the vaccine and those events. SENATOR OLSON asked if any of the affected people died as a result of the syndrome. MR. BUTLER replied that all of them survived. SENATOR OLSON asked how much the conjugate vaccine and the regular vaccine cost. MR. BUTLER replied that for the public sector, the cost of the conjugate vaccine is about $60 and the cost of the regular vaccine is somewhat less. 1:49:23 PM SENATOR WILKEN moved to report SB 251 and attached fiscal notes from committee with individual recommendations. There being no objection, it was so ordered. 1:49:41 PM SB 244-NO DISCRIMINATION AGAINST ACUPUNCTURIST CHAIR FRED DYSON announced SB 244 to be up for consideration. 1:49:56 PM AMY SEITZ, Staff to Senator Wagoner, said that SB 244 adds acupuncturists to the list of licensed providers in the Unfair Discrimination Statute. This would prohibit insurance companies that offer group policies from unfairly discriminating against them. She added that the sponsor introduced the bill after reviewing the results of several studies that demonstrate the positive affects of acupuncture. She referenced a 1993 Swedish study on a group of recovering stroke patients that were treated with acupuncture. According to the study, the treatment of these patients cost $26,000 less than patients without acupuncture and required half the normal time for recovery. She referenced another study on knee surgery patients who underwent acupuncture therapy before surgery. According to the study, the treatment of these patients cost $9,000 less per patient than for patients without acupuncture. A Boston University researcher recently claimed that acupuncture treatment for stroke and Carpel Tunnel Syndrome could reduce the nation's medical bill by 11 million. She said, in addition to positive health benefits, acupuncture has an extremely low rate of malpractice associated with acupuncture. A bill was recently introduced at the federal level to include acupuncturists into the Federal Insurance Act. She continued to say that several insurance companies have volunteered to cover acupuncturists. 1:53:12 PM SENATOR OLSON asked how long the results of acupuncture treatment lasted for patients in the stroke study. MS. SEITZ believed that they were long-term results. SENATOR OLSON asked how often acupuncture treatment causes a major bleeding event. MS. SEITZ said all the information she has read shows that it happens very infrequently. SENATOR OLSON asked the amount of education required for a person to legally practice acupuncture. MS. SEITZ replied that it requires a three-year graduate degree. 1:56:50 PM MELANIE MILLHORN, Director, Division of Retirement and Benefits (DRB), Department of Administration (DOA), provided information on the state's health plans and discussed how SB 244 would affect them. She said the Division administers two health plans, one for the active population and one for the retired population. She said that the commissioner of The Department of Administration has the authority to make changes to the health plans. FREDA MILLER, Health Benefits Manager, DRB, DOA, reported that the health plans only cover acupuncture if a physician performs it in lieu of anesthetic during surgery. She said that passage of SB 244 would allow acupuncturists to bill for office visits related to the evaluation and management of a condition. Since SB 244 only expands coverage options, the bill is cost neutral. She remarked that acupuncture therapy itself would remain an uncovered benefit unless there is a signed plan change authorized by the commissioner of The Department of Administration. SENATOR ELTON asked if SB 244 would allow coverage for visits to an acupuncturist that are related to evaluation and management, but not to therapy. MS. MILLER replied that SB 244 confers recognized provider status upon acupuncturists thereby allowing them to bill for visits related to evaluation and management. She added that SB 244 would not change any existing coverage for therapy since that is determined by one's particular health plan. SENATOR OLSON asked whether SB 244 would change the impatient/outpatient status of acupuncture treatment. MS. MILLER replied it would not do so. SENATOR WILKEN asked whether the bill would open up a new level of service for plan members and create additional costs for the system. MS. MILLER replied that it only allows members to see an acupuncturist instead of a physician to evaluate and manage a condition. She stressed that it does not increase the level of coverage to which members are already entitled for evaluation and management. SENATOR WILKEN remarked that he would like Ms. Millhorn's reassurance that the legislation would indeed be cost-neutral. MS. MILLHORN said that according to Delloit Consulting, it costs less to visit an acupuncturist than a physician, and consequently, the cost-neutral designation is conservative. SENATOR WILKEN said he was concerned that the bill would generate additional costs because it would create coverage for the alternative treatment of conditions for which some would not otherwise see a physician. SENATOR OLSON said he was concerned about the possibility of additional costs from lawsuits arising from the inability of acupuncturists to evaluate and manage certain conditions. CHAIR DYSON asked Ms. DeLaune to explain how the bill would benefit the people of Alaska. VALERIE DeLAUNE, licensed acupuncturist, testified that she has personally saved the state and its residents a lot of money by providing an effective alternative to some conventional procedures. She remarked that coverage for acupuncture is the number one requested benefit among insurance consumers. She added that many insurance companies voluntarily cover acupuncture and suggested that they would not do so if it did not save them money. CHAIR DYSON said that he is struck by the fact that an acupuncturist can mitigate the pain of surgery, but cannot seek reimbursement for evaluating a condition. MS. DeLAUNE said, with regard to Senator Olson's concern about malpractice, that the incidence of malpractice among acupuncturists is very low. 2:21:03 PM SENATOR OLSON asked the number of licensed and unlicensed acupuncturists practice in the state. MS. DeLAUNE replied that about 65 acupuncturists are licensed in the state. MS. MILLER added it is illegal to practice acupuncture without a license in the state. SENATOR ELTON asked whether an acupuncture license could be revoked in the case of malpractice. MS. DeLAUNE replied that is correct, but the state has yet to revoke an acupuncture license. SENATOR OLSON asked how an acupuncturist is licensed. MS. DeLAUNE replied the state requires at least three years of graduate level education for licensure. SENATOR OLSON asked whether the state requires a written exam for licensure. MS. DeLAUNE replied the state requires that a prospective licensee take certain courses on AIDS, CPR, pass a written and practical exam, and complete 15 hours of continuing education every two years. SENATOR OLSON asked how this bill compares to similar bills in other states. MS. DeLAUNE replied the State of Washington has similar legislation. MS. SEITZ said that as of 1991, ten states covered acupuncture. SENATOR WILKEN asked whether acupuncture treatment would be covered for small businesses under this bill. MS. SEITZ replied that it would. SENATOR WILKEN asked if the legislation would require managers of private insurance plans to cover acupuncture treatments that they do not cover at the present time. MS. SEITZ replied that the bill does not affect the coverage plans of any insurance provider; it only allows members to choose acupuncture for services already provided under their plans. 2:39:25 PM SENATOR WILKEN asked if private plan managers would have to make a plan modification before covering acupuncturists for evaluation and management and therapy services. MS. MILLER answered that adding acupuncturists to the recognized provider list allows them to submit charges for evaluation and management for any plan that covers it. The managers would have to decide whether or not to cover acupuncture therapy in their benefit plans. SENATOR WILKEN cited Alaska Sales and Service as an example of a small private company and asked whether its plan covers acupuncturists for providing evaluation and management services. MS. DeLAUNE did not know. SENATOR WILKEN asked if the state and private providers would be able to decide whether or not to cover acupuncture therapy and evaluation and management services if the bill is passed. MS. MILLER replied that is the case and added it is important to remember that typically the evaluation and management services are already covered in all insurance plans. SENATOR WILKEN asked if conferring recognized provider status upon acupuncturists would allow them to receive coverage under the state plan since it currently covers evaluation and management services. MS. MILLER replied that is correct. SENATOR WILKEN asked if acupuncture therapy would not be covered under the state plan until the commissioner of administration amends the design of the benefit plan. MS. MILLER replied that is correct. SENATOR WILKEN asked if the commissioner or private plan managers could decide to cover acupuncture therapy without the passage of SB 244. MS. SEITZ replied that they could do so. SENATOR WILKEN asked why the bill is needed. MS. MILLER replied the bill would ensure that insurance companies could not refuse plan managers who decide to cover acupuncture. SENATOR ELTON said it is important to note that the bill only prevents insurance companies from discriminating against acupuncturists; it does not preclude them from charging for the added service. CHAIR DYSON remarked it is not a pro-choice bill, but an anti- discrimination bill for a profession that is widely recognized. SENATOR WILKEN expressed concern over costs that the bill would generate for both the state and private insurance companies. CHAIR DYSON asked Ms. Seitz if she heard anything from the insurance industry when the bill was heard in the Labor and Commerce Committee. MS. SEITZ said she has not heard any opposition from the insurance industry. She remarked that many insurance companies already voluntarily cover acupuncture. CHAIR DYSON asked whether insurance companies have been notified about the bill. MS. SEITZ said she has been trying to solicit comments from the insurance companies, but it doesn't seem to be a big issue for them. SENATOR WILKEN remarked that while no one wants to discriminate, the bill might be less benign than it seems. MS. SEITZ remarked that it might actually save money. Acupuncture is the only licensed profession in the state that is not on the recognized providers list. SENATOR ELTON said it would be important to determine whether the amount of money saved by visits to acupuncturists instead of physicians would offset the cost of visits to acupuncturists by people who would not otherwise see a physician. SENATOR OLSON said a study done five years ago showed that people saved money when they underwent effective acupuncture therapy as opposed to drug therapy because there are no side effects associated with acupuncture. 2:54:46 PM CHAIR DYSON held SB 244 in committee. SJR 19-TASK FORCE ON HOSPITAL INFECTIONS 2:55:15 PM CHAIR FRED DYSON announced SJR 19 to be up for consideration. SENATOR GARY STEVENS, Sponsor of Senate Joint Resolution (SJR) 19, said every year two million infections are acquired each year in hospitals. These infections cost between $4.5 billion and $11 billion and cause some 90,000 deaths each year. He added that hospital infection is the sixth leading cause of death in the country. It is important for consumers to know how medical facilities fare with infection rates. SJR 19 creates a task force to assess public reporting of health care associated infections. It will have 11 members who work during the interim to determine what experience hospitals across the nation have in the public reporting of hospital associated infections, develop a white paper to be used in future legislation and create legislation to assist in the collection of data from all hospitals across the state on their infection rates. 2:56:54 PM SENATOR ELTON expressed concern that public members would not receive reimbursement for travel and other expenses and that it would also create an unfair burden on rural members. SENATOR GARY STEVENS replied that the cost burden is not expected to be prohibitively high because the panel will only meet three or four times in Anchorage each year. SENATOR ELTON asked if a rural consumer lives in a remote town, like Dutch Harbor, he would incur significant expenses while traveling to the Anchorage meetings. SENATOR GARY STEVENS replied that since this is an appointed position, he could insure that the rural member lives close to Anchorage. CHAIR DYSON said he recently spoke to a public health doctor supported the resolution because it would be an important step towards establishing a comprehensive web-based list of all the providers around the state, their costs, and their track record. SENATOR WILKEN suggested that it would be most convenient to address Senator Elton's concern in the Finance Committee. 3:02:52 PM ROD BETIT, President, Alaska State Hospital Nursing Home Association (ASHNA), testified in support of SJR 19. He said that the control of infections in a hospital environment is a complex, difficult task. SJR 19 would create valuable dialogue between the public, the legislature, and the medical community concerning the way that infection is reported. Hopefully this would lead to useful, collaborative conclusions regarding what the state should be doing to improve things. CHAIR DYSON asked the witness whether his organization had expressed support for the resolution. MR. BETIT answered he is confident that they will support it, but they have not yet had a chance to discuss it. SENATOR OLSON remarked that some of the statistics are startling and asked whether there has been a significant increase in infections in the recent past. MR. BETIT answered there has not been a significant increase in the recent past. The problem has never been addressed in a systemic way and the apparent urgency of the problem is due to the significant increase in effort in the last three years. SENATOR OLSON said most of the hospitals in which he has been granted privilege have had boards to address hospital infections. He asked whether the boards are effectively addressing the problem, and if not, whether their inefficiency is a reason for the resolution. MR. BETIT replied that they are not as effective as one would hope because there are so many different places in a hospital where measures must be implemented and monitored. He said that the establishment of a task force would augment their efficiency by consolidating data and comparing ideas. LORI HERMAN, Providence Hospital, testified in support of SJR 19. 3:09:01 PM JAY BUTLER, Acting Chief, Epidemiology Section, Division of Public Health Department of Health & Social Services, supported SJR 19. CHAIR DYSON asked Senator Elton if he would be comfortable addressing his aforementioned concern in the Senate Finance Committee. SENATOR ELTON replied that he would be comfortable with that. 3:09:30 PM SENATOR ELTON moved SJR 19 and attached fiscal notes from committee with individual recommendations. There being no objection it was so ordered. 3:10:02 PM SB 242-STATUTORY REFERENCES TO DISABILITIES CHAIR DYSON announced SB 242 to be up for consideration. SENATOR FRENCH, sponsor SB 242, said that SB 242 would update terminology in statutes for persons with disabilities. He said that HB 357 is a House bill that is very similar to SB 242 only more developed, and in the interest of efficiency he would like to have that bill discussed first. 3:10:14 PM CHAIR DYSON held SB 242 in committee. HB 357-STATUTORY REFERENCES TO DISABILITIES 3:11:04 PM CHAIR DYSON announced CSHB 357(FIN) to be up for consideration. REPRESENTATIVE PEGGY WILSON, Sponsor of HB 357, said the Department of Labor and Workforce Development and the Governor's Council on Disabilities requested the bill, which eliminates demeaning terminology pertaining to disabled persons that exists in Alaska statute. She read the following from the Southeast Alaska Independent Group (SAIL): American culture consistently redefines itself through language and subcultures also use language to redefine themselves. Negros became Blacks and then African Americans. Homosexuals choose the term 'gay' for themselves, and people with disabilities have done the same over the years, attempting to fight stereotypes and negative imagery. Representative Wilson said that the term 'handicapped' originated as a slur and a reference to begging and it is time for Alaska to make this change. 3:13:50 PM KEVIN GADSEY, SAIL representative, supported SB 242 and HB 357. He said that SB 357 eliminates the term 'handicapped' from statute and replaces instances of it with the term 'people with disabilities' which is the term adopted under the Americans with Disabilities Act (ADA). 3:15:49 PM KELLY DONNELLY, Partners in Policy Project, said that her organization supports SB 242 and HB 357 with some minor changes. She said in section 1, under AS.14.36.30B, item 1 should say "students who have been classified under Individualized Education Plans (IEPs)". The reason being that the term "mentally retarded" still appears in federal statute and the aforementioned change would reflect that while the state acknowledges the use of the term for classification, it does accept it as an appropriate term for general reference. 3:19:03 PM FAITH MYERS, Mental Health Advocate, supported SB 242 and HB 357. 3:20:40 PM DORRANCE COLLINS, Mental Health Advocate from Anchorage, testified in support of SB 242 and HB 357. CHAIR DYSON asked the sponsor about the aforementioned suggestion. REPRESENTATIVE WILSON said she didn't have a problem with it. AARON DANIELSON, Staff to Representative Wilson, said he would have to consult with Department of Education to determine how the amendment may impact the bill. 3:22:59 PM SENATOR WILKEN moved to report CSHB 357(FIN), the letter of intent, and attached fiscal notes from committee with individual recommendations. There was no objection, and it was so ordered. There being no further business to come before the committee, Chair Dyson adjourned the meeting at 3:23:25 PM.

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