Legislature(2005 - 2006)BUTROVICH 205
05/05/2006 02:00 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HJR36 | |
| HB467 | |
| HB482 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 36 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 467 | ||
| = | HB 482 | ||
ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
May 5, 2006
2:02 p.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Gary Wilken, Vice Chair
Senator Lyda Green
Senator Kim Elton
Senator Donny Olson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
Overview Presentation: U.S. Ambassador to Mongolia, Pamela J.
Slutz - "A Broader Partnership with Mongolia"
See 1:33 p.m. joint Senate Community and Regional Affairs
Standing Committee and Senate Health, Education and Social
Services Standing Committee minutes for this date
CS FOR HOUSE JOINT RESOLUTION NO. 36(HES)
Urging the United States Congress to support the granting of
official Observer Status to the Republic of China at the World
Health Assembly Annual Conference to be held at Geneva,
Switzerland, in May 2006.
MOVED CSHJR 36(HES) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 467(HES) am
"An Act relating to the administration of prescribed remedies
and dietary supplements by a nurse."
MOVED CSHB 467(HES) am OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 482(JUD)
"An Act relating to harassment, intimidation, and bullying in
schools."
MOVED CSHB 482(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 36
SHORT TITLE: TAIWAN: WORLD HEALTH ASSEMBLY
SPONSOR(s): HEALTH, EDUCATION & SOCIAL SERVICES
04/10/06 (H) READ THE FIRST TIME - REFERRALS
04/10/06 (H) HES
04/20/06 (H) HES AT 3:00 PM CAPITOL 106
04/20/06 (H) Moved CSHJR 36(HES) Out of Committee
04/20/06 (H) MINUTE(HES)
04/21/06 (H) HES RPT CS(HES) 5DP
04/21/06 (H) DP: CISSNA, GARDNER, KOHRING, GATTO,
WILSON
04/26/06 (H) TRANSMITTED TO (S)
04/26/06 (H) VERSION: CSHJR 36(HES)
04/27/06 (S) READ THE FIRST TIME - REFERRALS
04/27/06 (S) HES
05/05/06 (S) HES AT 1:30 PM BUTROVICH 205
BILL: HB 467
SHORT TITLE: ADMINISTRATION OF MEDICATION BY A NURSE
SPONSOR(s): REPRESENTATIVE(s) KELLY
02/13/06 (H) READ THE FIRST TIME - REFERRALS
02/13/06 (H) HES, FIN
03/28/06 (H) HES AT 3:00 PM CAPITOL 106
03/28/06 (H) <Bill Hearing Postponed to 03/30/06>
03/30/06 (H) HES AT 3:00 PM CAPITOL 106
03/30/06 (H) -- Meeting Canceled --
04/04/06 (H) HES AT 3:00 PM CAPITOL 106
04/04/06 (H) <Bill Hearing Postponed to 04/06/06>
04/06/06 (H) HES AT 3:00 PM CAPITOL 106
04/06/06 (H) -- Rescheduled from 04/04/06 --
04/11/06 (H) HES AT 3:00 PM CAPITOL 106
04/11/06 (H) Moved CSHB 467(HES) Out of Committee
04/11/06 (H) MINUTE(HES)
04/12/06 (H) HES RPT CS(HES) 1DP 2DNP 2AM
04/12/06 (H) DP: ANDERSON;
04/12/06 (H) DNP: GARDNER, GATTO;
04/12/06 (H) AM: CISSNA, WILSON
04/13/06 (H) FIN REFERRAL WAIVED
04/24/06 (H) BEFORE THE HOUSE
04/24/06 (H) TRANSMITTED TO (S)
04/24/06 (H) VERSION: CSHB 467(HES) AM
04/25/06 (S) READ THE FIRST TIME - REFERRALS
04/25/06 (S) HES
05/01/06 (S) HES AT 1:30 PM BUTROVICH 205
05/01/06 (S) Heard & Held
05/01/06 (S) MINUTE(HES)
05/05/06 (S) HES AT 1:30 PM BUTROVICH 205
BILL: HB 482
SHORT TITLE: SCHOOL:BULLYING/HARASSMENT/INTIMIDATION
SPONSOR(s): REPRESENTATIVE(s) ANDERSON
02/13/06 (H) READ THE FIRST TIME - REFERRALS
02/13/06 (H) EDU, HES, JUD
03/16/06 (H) EDU AT 11:00 AM CAPITOL 106
03/16/06 (H) Moved CSHB 482(EDU) Out of Committee
03/16/06 (H) MINUTE(EDU)
03/20/06 (H) EDU RPT CS(EDU) 1DNP 3NR 1AM
03/20/06 (H) DNP: LYNN;
03/20/06 (H) NR: GARA, THOMAS, NEUMAN;
03/20/06 (H) AM: GATTO
04/03/06 (H) FIN REFERRAL ADDED AFTER JUD
04/04/06 (H) HES AT 3:00 PM CAPITOL 106
04/04/06 (H) <Bill Hearing Postponed to 04/06/06>
04/06/06 (H) HES AT 3:00 PM CAPITOL 106
04/06/06 (H) -- Rescheduled from 04/04/06 --
04/10/06 (H) JUD AT 1:00 PM CAPITOL 120
04/10/06 (H) <Bill Hearing Postponed to 04/12/06>
04/11/06 (H) HES AT 3:00 PM CAPITOL 106
04/11/06 (H) Moved CSHB 482(HES) Out of Committee
04/11/06 (H) MINUTE(HES)
04/12/06 (H) HES RPT CS(HES) 4DP 1DNP 1AM
04/12/06 (H) DP: CISSNA, GARDNER, ANDERSON, SEATON;
04/12/06 (H) DNP: GATTO;
04/12/06 (H) AM: WILSON
04/12/06 (H) JUD AT 1:00 PM CAPITOL 120
04/12/06 (H) Moved CSHB 482(JUD) Out of Committee
04/12/06 (H) MINUTE(JUD)
04/14/06 (H) JUD RPT CS(JUD) 5DP 1NR
04/14/06 (H) DP: GARA, KOTT, WILSON, ANDERSON,
MCGUIRE;
04/14/06 (H) NR: COGHILL
04/21/06 (H) FIN REFERRAL WAIVED
04/24/06 (H) TRANSMITTED TO (S)
04/24/06 (H) VERSION: CSHB 482(JUD)
04/24/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/24/06 (H) <Bill Hearing Canceled>
04/25/06 (S) READ THE FIRST TIME - REFERRALS
04/25/06 (S) HES, JUD
05/01/06 (S) HES AT 1:30 PM BUTROVICH 205
05/01/06 (S) Scheduled But Not Heard
05/05/06 (S) HES AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE PEGGY WILSON
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HJR 36.
AARON DANIELSON, Intern
Representative Peggy Wilson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented HJR 36 on behalf of the sponsor.
DEREK MILLER, Staff
Representative Mike Kelly
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Responded to questions on HB 467 on behalf
of the sponsor.
PATRICIA SENNER, Chair
Alaska Nurses Association
Anchorage, AK
POSITION STATEMENT: Opposed HB 467.
MARY WEYMILLER, LPN
Board of Nursing
Fairbanks, AK
POSITION STATEMENT: Opposed HB 467.
SCOTT LUPER, Naturopathic Physician
Fairbanks, AK
POSITION STATEMENT: Supported HB 467.
GENA EDMISTON, Registered Nurse and Associate Administrator
Denali Long-term Care Center
Fairbanks, AK
POSITION STATEMENT: Supported HB 467.
RICK SCHIKORA
Fairbanks, AK
POSITION STATEMENT: Supported HB 467.
VIRGINIA SMILEY, Director
Division of Pioneer Homes
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Supported HB 467.
MERRITT ANDRUSS, APN
Juneau, AK
POSITION STATEMENT: Strongly supported HB 467.
CRYSTAL NOVOTNEY, Staff
Representative Tom Anderson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented HB 482 on behalf of the sponsor.
KATIE SINGLETON
Bye-Bye Bullies
Anchorage, AK
POSITION STATEMENT: Supported HB 482.
DENNIS MALONEY, Attorney
Anchorage, AK
POSITION STATEMENT: Supported HB 482.
MARGIE KURZBARD
Fairbanks, AK
POSITION STATEMENT: Supported HB 482.
ACTION NARRATIVE
CHAIR FRED DYSON called the Senate Health, Education and Social
Services Standing Committee meeting to order at 2:02:02 PM.
Present at the call to order were Senators Lyda Green, Kim Elton
and Chair Fred Dyson; Senator Donny Olson arrived shortly
thereafter. Senator Gary Wilken joined the meeting in progress.
CSHJR 36(HES)-TAIWAN: WORLD HEALTH ASSEMBLY
CHAIR FRED DYSON announced HJR 36 to be up for consideration.
Before the committee was CSHJR 36(HES).
2:02:16 PM
REPRESENTATIVE PEGGY WILSON, sponsor of HJR 36, introduced her
staff member, Aaron Danielson.
AARON DANIELSON, Intern to Representative Peggy Wilson,
presented the resolution on behalf of the sponsor. He explained
that HJR 36 urges Congress to support Taiwan in its effort to
become an observer at the World Health Assembly. Taiwan has a
population of 23 million and becoming a member would facilitate
access to beneficial information networks.
MR. DANIELSON emphasized the importance of networking when he
related that China did not allow officials from the World Health
Organization (WHO) to enter Taiwan during the SARS outbreak.
That really put Taiwan "out of the loop" with regard to world
health issues, he said. Noting that avian influenza is a main
focus in that region of the world this year, he said Taiwan
wants to be involved in furthering information, identification,
and prevention of such pandemic diseases.
SENATOR OLSON arrived at 2:03:21 PM.
MR. DANIELSON said the U.S. has traditionally been supportive of
Taiwan becoming an observer even though it does not recognize
Taiwan as a separate country. Observer status does not include
the right to voice opinions or vote on issues; it would allow
involvement in health networks as well as the opportunity to
listen and gather information for distribution.
2:04:46 PM
CHAIR DYSON recalled that the legislature had passed similar
resolutions several times before and that the effort had been
ongoing for 15 or 20 years.
MR. DANIELSON said the effort to become an observer has been
ongoing since the mid-1990s. Prior to that Taiwan wanted to
become a member, but China is adamantly opposed to that.
SENATOR KIM ELTON noted the date today and asked how long the
May 2006 conference would last.
MR. DANIELSON replied the Geneva meeting starts on May 14 or 15
and lasts about a week.
2:05:28 PM
SENATOR GREEN moved to report HJR 36 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, CSHJR 36(HES) was reported from the Senate
Health, Education and Social Services Standing Committee.
CSHB 467(HES) am -ADMINISTRATION OF MEDICATION BY A NURSE
2:05:46 PM
CHAIR FRED DYSON announced HB 467 to be up for consideration.
Before the committee was CSHB 467(HES) am.
DEREK MILLER, Staff to Representative Mike Kelly, said he
presented HB 467 at the previous hearing and now he would answer
questions.
CHAIR DYSON reminded Mr. Miller that he was asked to get more
information at the previous hearing and questioned whether he
had been successful.
MR. MILLER reported that Senator Olson was given the information
he requested and the State Medical Board was asked to issue a
formal letter or opinion on the bill. Board members were polled
and made the decision to maintain a neutral position on the
bill.
SENATOR DONNY OLSON said he assumes that was the chair, Dr.
Head.
MR. MILLER replied he wasn't sure; he contacted the legislative
liaison with the Department of Commerce, Community & Economic
Development.
CHAIR DYSON opened public testimony.
2:08:12 PM
PATRICIA SENNER, Chair, Alaska Nurses Association (ANA),
Fairbanks, said HB 467 brings up two issues that require
discussion. The first, which is the basis for the ANA
opposition, relates to whether or not policies set by the Board
of Nursing can be overruled by legislative process. The second
issue relates to the safety of administering herbal remedies.
She advised that the ANA Professional Practices Committee
researched the issue and would present its recommendations to
the Board of Nursing during the June 2006 meeting. She clarified
she was not speaking to those findings today.
MS. SENNER said the grounds for ANA opposition to the bill
relate to the issue of how decisions are made about providing
health care and the best practices for providing health care.
She said the nursing community works very hard and
conscientiously to base its practice on what has basis in
medical research. Therefore it is dismaying that research and
careful thought can be overruled by a legislative process that
doesn't appear to be based on research of any kind of medical
fact.
The big issue of the safety of dietary supplements is based on
quality control over production. As quality control improves the
issue will go away, but currently there is a question of whether
or not knowledgeable adults are making the decision to take
supplements. Also there is the question of contaminates and
whether the quantities on the label match the quantities in the
bottle. If a nurse is required to administer medication to a
patient it often means that the patient isn't capable of making
the decision of whether or not to take the risk of taking the
supplement.
SENATOR WILKEN arrived at 2:11:53 PM.
MS. SENNER expressed the hope that the committee would not pass
the bill such that the Board of Nursing would be allowed to
address the issue at its June meeting.
2:12:30 PM
CHAIR DYSON said the current version of HB 467 provides a
registered nurse with the option so he questioned whether she
was speaking to a different version.
MS. SENNER said no, but the difficulty arises for nurses working
inside facilities. In some instances, particularly at the
Pioneer Homes, nurses have been forced to quit because they did
not agree with agency policies.
CHAIR DYSON asked if it's fair to infer that the nurses cannot
trust the prescribing physician's judgment.
MS. SENNER responded, "the subscribing physician may write a
prescription for a certain dietary substance at a certain
quantity and he might do that in good faith. The nurse always
has the obligation to independently evaluate the safety of that
order." If the nurse is concerned about where the product came
from or whether it was safely produced, then the nurse ought to
have the right to raise the question.
2:14:42 PM
MARY WEYMILLER, Licensed Practical Nurse (LPN), Board of
Nursing, Fairbanks, said Ms. Senner did a good job of
articulating the nurses' concern. She noted that there has been
emphasis on the fact that the substances are being prescribed,
but she would add that there is no guarantee that the particular
substance is really safe. For that reason she said it doesn't
add a level of safety. Safety is not increased when a physician
prescribes an unknown and has a nurse administer that unknown.
She related a hypothetical situation that might occur during a
busy nurse's shift to demonstrate her point.
2:16:50 PM
SENATOR WILKEN asked if the proposed amendment would address the
concerns Ms. Weymiller articulated.
MR. MILLER responded the amendment has not been distributed.
CHAIR DYSON asked for confirmation that the amendment removes
the fiscal note.
MR. MILLER said that is correct.
CHAIR DYSON asked if that would take it to regulation instead of
policy.
MR. MILLER said the amendment removes the requirement for the
board to adopt regulations and inserts the permissive language
about administering a prescribed dietary supplement. It allows
the Board of Nursing to decide how to permit administration of
prescribed dietary supplements.
SENATOR WILKEN asked if the amendment is to address the issues
just articulated or is it for other reason.
MR. MILLER replied the amendment is for some other reason.
2:18:24 PM
SCOTT LUPER, Naturopathic Physician, Fairbanks, spoke in favor
of HB 467 because it adds a level of safety to the
administration of supplements. It is appropriate that a nurse is
able to administer supplements because it's better to have
another educated, health-care trained person involved. This
increases safety and convenience, he said.
SENATOR ELTON said he is assuming that he can prescribe.
DR. LUPER replied he cannot prescribe drugs, but he can
prescribe supplements.
SENATOR ELTON remarked the nurse could be the control point in
that he or she might be the only person who understands what
other medicines are being administered. Given that, it seems as
though the bar is being lowered for that medical professional,
he said.
DR. LUPER said the way the system should work is that the
physician elicits a medical history and takes that into
consideration before prescribing. If someone doesn't reveal that
they are using supplements, this legislation would increase
safety because another health-care practitioner would be
involved and could voice the concern to the physician.
2:22:04 PM
CHAIR DYSON asked if he listened to the earlier testimony.
DR. LUPER said yes.
CHAIR DYSON said it's clear that some nontraditional medicines
are of value, but it's also clear that some "hucksterism" has
been around as well. The nurses' concerns related to quality
control and whether the supplement that was supposed to be
administered actually was. He asked if quality control is a real
issue now in this country.
DR. LUPER said yes it is of concern, but generally speaking
quality is going up. There isn't a need to be overprotective, he
said. It's a balancing act, and in this situation the pros
outweigh the cons.
2:24:13 PM
GENA EDMISTON, Registered Nurse (RN), Associate Administrator,
Denali Long-term Care Center, Fairbanks, stated support for HB
467. She said that although she has tremendous respect for the
Alaska Board of Nursing, she does not believe that HB 467
compromises the protection that the board works to ensure for
patients and nurses.
CHAIR DYSON said he assumes her belief is that nurses ought to
be able to trust the prescribing physician's judgment.
MS EDMISTON said she would not word in that way. She would agree
with the board and ANA that nurses have the responsibility to
make independent judgments regarding prescriptions for any
supplements or drugs. The benefit of that is tremendous,
especially in long-term-care setting where nurses are serving as
the "family" for residents.
CHAIR DYSON apologized that the committee is pressed for time.
MS. EDMISTON summarized she supports HB 467. At the Denali Long-
term Care Center, supplements come from the pharmacy and the
nurses retain the judgment to administer or not.
2:27:29 PM
RICK SCHIKORA reported that he sent a supporting statement to
Mr. Miller for distribution. HB 467 mandates that the Board of
Nursing adopt regulations such that nurses would not be required
to administer non-FDA approved, but prescribed, dietary
supplements. Although the board takes the position that patient
safety is paramount, the stance it has taken on this legislation
is contraindicative. He expressed the hope that the committee
pass HB 467 and that the board adopt meaningful regulations so
further legislative involvement is not necessary.
In conclusion he expressed the view that older residents need
nurses to administer these prescribed non-FDA-approved remedies.
He urged the committee to give the Board of Nursing the
opportunity to address the issue properly.
2:30:09 PM
VIRGINIA SMILEY, Director, Division of Pioneer Homes, Department
of Health and Social Services (DHSS), paraphrased from a written
statement outlining the division policy relating to RN
involvement in administering dietary supplements. [A copy may be
found in the bill file.]
MS. SMILEY described the process for administering supplements,
which includes a written order from the prescribing
practitioner. When the supplements are privately purchased, a
release form is signed and the Pioneer Home pharmacy is informed
so that residents' medication profiles can be monitored.
Additionally the division policy includes voluntary agreement by
an RN to administer supplements on a case-by-case basis. If a
nurse is unsure about an order, he or she has an obligation to
contact the prescribing physician. Nurses are expected to know
the residents and the risk/benefit of each medication that is
administered. The division expects nurses to treat supplements
in the same manner.
MS. SMILEY said if this legislation does not pass, Pioneer Home
residents will continue to take supplements in an unsupervised
manner. She emphasized that it is in the residents' best
interest to have RN involvement. She urged the committee to pass
HB 467.
2:33:54 PM
SENATOR ELTON asked if he could assume that no one with less
than RN training would distribute prescribed supplements.
MS. SMILEY replied some certified nursing assistants complete a
medication-administration training course so they are certified
to administer medications, including supplements, under RN
oversight.
SENATOR ELTON asked if supplements are held and stored like
other medications.
MS. SMILEY said yes.
2:34:52 PM
CHAIR DYSON said it sounds as though the process is responsible
and he appreciates that.
2:35:11 PM
MERRITT ANDRUSS, Gerontology Nurse Practitioner, Juneau, said
she strongly supports HB 467 for several reasons. First, she
emphasized, this legislation is about glucosamine, cranberry
chews, and viacitiv. These supplements are taken to address
arthritis pain, painful urinary tract infections, and
osteoporosis. Without these supplements older people would need
more and stronger FDA-approved drugs that their systems can't
always tolerate and expecting family members to visit and
administer these supplements several times a day is a hardship
and a burden.
Second, she said, nurses should advocate for patients. Just as
they must have some understanding of the drugs they administer,
they should have a similar understanding of the supplements they
are asked to administer. If a nurse doesn't know about a
supplement, information can be found in the natural medicines
comprehensive database found online or in hard copy.
In conclusion she said nurses owe it to their patients and their
patients' families to know the pros and cons of each supplement
they administer and for a nurse to rigidly refuse to administer
any supplement is wrong and irresponsible. She said she supports
the bill because it allows nurses who feel differently to simply
refrain from administering the supplement. The argument that
they will be fired for refusing is not correct because all
nurses have the ability to refuse to administer any treatment to
a patient that they believe is harmful.
CHAIR DYSON called an at-ease from 2:40:57 PM to 2:42:08 PM.
SENATOR LYDA GREEN referenced the amendment, which removes the
requirement that the board adopt regulations, and asked if
making regulations would default to the department.
MR. MILLER said the amendment removes the requirement that the
board adopt regulations because the sponsor doesn't feel that a
joint session of the medical, pharmaceutical, and nursing boards
is required and that requirement has a $30,000 fiscal note
attached to it. The sponsor believes it can be done with the ANA
providing recommendations and working collaboratively with the
Board of Nursing.
SENATOR ELTON said he is more comfortable zeroing the fiscal
note than removing the requirement. The amendment removes a
recipe for guidance and he would prefer the alternative of
zeroing the fiscal note.
MR. MILLER said he doesn't believe the sponsor would have a
problem with that.
2:44:16 PM
CHAIR DYSON questioned whether the work could be done without
some fiscal impact.
SENATOR ELTON said it sounds as though the work is already being
done.
MR. MILLER said HB 467, in combination with the collaborative
efforts of the ANA and BON, is the goal.
CHAIR DYSON asked whether the sponsor would prefer to zero the
fiscal note or adopt the amendment.
MR. MILLER expressed a preference for zeroing the fiscal note.
SENATOR ELTON moved to zero out the fiscal note. There being no
objection, it was so ordered.
2:47:17 PM
CHAIR DYSON announced that without objection CSHB 467(HES) am
moves from the Senate Health, Education and Social Services
Standing Committee.
HB 482-SCHOOL:BULLYING/HARASSMENT/INTIMIDATION
CHAIR FRED DYSON announced HB 482 to be up for consideration.
Before the committee was CSHB 482(JUD).
2:47:30 PM
CRYSTAL NOVOTNEY, Staff to Representative Tom Anderson,
paraphrased the following sponsor statement.
HB 482 addresses a growing problem in our schools that is
often overlooked by teachers and administrators. Bullying
has a truly negative effect on the social environment of
schools and on the emotional and mental well being of our
children, the students in these schools.
Recent studies suggest that bullying creates a climate of
fear among students, inhibits their ability to learn, and
leads to other anti-social behavior, such as vandalism,
shoplifting, skipping and dropping out of school, fighting,
and the use of drugs and alcohol. Sixty percent of the
males studied who were bullies in grades six through nine
were convicted of at least one crime as an adult. Thirty
five to forty percent of these former bullies had three or
more convictions by 24 years of age. Only 15 of the 53
school districts in Alaska have made an attempt to address
the bullying issue. With the increase in students in Alaska
today, there is a growing need to ensure the safety of our
children's learning environment.
HB 482 requires school districts, city and borough offices
of education, law enforcement agencies, and youth-serving
agencies to develop and implement interagency strategies on
bullying and harassment.
Currently 21 states have some sort of anti-bullying law,
and another 24 states are in the process of adopting
similar legislation.
You'll note in your packets endorsement letters by the
National Education Association (NEA), Alaska Network on
Domestic Violence & Sexual Assault, Boys and Girls Clubs,
and Allan Morotti, Department Chair of University of Alaska
Fairbanks School of Education.
Bullying is a problem everywhere, even in Alaska - and its
causes and effects cannot be overlooked. This bill gives
not only teachers and administration officials the tools to
deal with such a growing issue, but also allows for input
from parents, guardians, students and concerned members of
the community in the development of a comprehensive
bullying policy.
Successful programs to recognize, prevent, and effectively
intervene in bullying behavior have improved safety and
create a more inclusive learning environment. Some of the
possible programs may include in-service training programs
and other activities to improve school attendance and
reduce school crime and violence. HB 482 is targeted to
reduce vandalism, drug and alcohol abuse, gang membership,
gang violence, hate crimes, bullying, teen relationship
violence, and discrimination and all harassment, including
sexual harassment, in grades K-12.
Representative Anderson urges your support of this
important legislation.
2:51:32 PM
CHAIR DYSON asked whether it is the sponsor's and her position
that some or many school districts are not addressing this
issue.
MS. NOVOTNEY said yes, bullying is such an emotional and
disturbing act that students don't feel they have the power to
stand up unless they know for sure that they will be supported.
CHAIR DYSON restated his question.
MS. NOVOTNEY answered she believes the school districts are not
adequately addressing the issue.
CHAIR DYSON referenced page 3, and asked if immunity from
lawsuits is important.
MS. NOVOTNEY said yes. The 21 states that have passed anti-
bullying legislation have included a provision for immunity from
suit. It's necessary so that the people who have witnessed and
reported bullying will not be sued.
CHAIR DYSON questioned whether the Good Samaritan laws aren't
adequate.
MS. NOVOTNEY replied according to reading she has done, the Good
Samaritan law has not been applied.
2:54:52 PM
SENATOR DONNY OLSON mentioned the spectrum of pecking order and
bullying and asked if it isn't just a process of growing up.
MS. NOVOTNEY said certainly there is a pecking order, but
there's a difference between getting picked on and being
severely and pervasively bullied. It's a very different matter
when a child is scared to go to school because they're afraid
for their life.
2:56:58 PM
SENATOR OLSON said everyone is bullied at some time or another
and he doesn't necessarily believe that behavior problems in
later life are the result. He expressed the view that people
need to be able to cope with such problems.
MS. NOVOTNEY referenced the recent planned shooting at North
Pole. One of the students explained the behavior by saying that
students and teachers had picked on them. HB 482 is trying to
prevent students getting to the point that they take up weapons
as a way to retaliate.
SENATOR OLSON reiterated that everyone is picked on when they
are growing up.
2:58:59 PM
CHAIR DYSON noted that several school districts don't favor the
legislation, but don't want to testify. His sense is that
they're afraid of lawsuits if this were to be in statute. He
asked Ms. Novotney to comment.
MS. NOVOTNEY replied she understands the concern, but she hasn't
heard any forthright opposition. She noted that lawsuits have
been filed when schools didn't make an effort to stop bullying.
SENATOR GARY WILKEN mentioned the concept of local control and
said this type of legislation is disturbing because it presumes
that the legislature knows more than local school boards. This
is one-size-fits-all legislation designed to fix a problem that
may or may not exist in a particular school district. He
expressed the view that the bill is well intentioned, but it may
not do anything other than put in place an unwanted and
unnecessary bureaucracy. Even if the school district believes it
is necessary, it may want to address the issue in a different
manner.
3:02:38 PM
CHAIR DYSON opened public testimony.
3:02:49 PM
KATIE SINGLETON, Bye-Bye Bullies, Anchorage, said HB 482 is
important and should pass. The recent incident in North Pole
demonstrates that bullying exists even in very small schools.
She understands that the North Pole 7th graders who were
involved in the plot were "bully victims," which is a term for
victims who became bullies themselves because they had no other
coping skills. Experts on the issue have proven that children
who are taught to deal with bullying can change a school's
culture such that it is clear that bullying and harassment are
not tolerated. In addition the new skills can serve the children
well when they become adults. Just as Ms. Novotney said,
bullying is negative for everyone. That includes victims,
perpetrators, bystanders and teachers.
Schools should be held responsible for student safety, she said.
Although many schools have anti-bullying policies, poor policies
are useless to harmful if the victims are punished under the
zero tolerance policies.
MS. SINGLETON said bullies do turn on their schools using
vandalism and lethal violence, which is what happened in North
Pole, Bethel, and Columbine.
North Pole recently adopted a well-known research-based anti-
bullying program that appears to be working since it was a
student-bystander who alerted officials of the violent plot. It
has been proven that research-based programs do reduce school
violence and dropout rates, which can save money in the long
run. Teachers, students, and parents benefit in a culture that
is intolerant of bullying.
3:06:04 PM
DENNIS MALONEY, Attorney, Anchorage, described litigation he was
involved in regarding a bullying case in Anchorage. In that
instance a bright young man was repeatedly and severely bullied
up until he hanged himself. That is the end of the spectrum that
most people don't hear about, he said. Certainly there will
always be some teasing, but bullying is more than that. It's an
attempt to gain power and ego enrichment by belittling another
and it tends to spread. An Anchorage survey indicated that 10
percent of the middle school students are afraid to go to
school. Anti-bullying programs have been shown to reduce school
violence by 75 percent within three years of implementation, he
said.
CHAIR DYSON asked him to address the way this bill will solve
the problem.
MR. MALONEY said HB 482 is the first step in assessing how much
bullying is going on. If administrators and others don't know
what is going on, there is no hope for preventative action.
CHAIR DYSON told Mr. Maloney that the committee is time limited
and he was preaching to the choir.
MR. MALONEY said that reporting and encouraging reporting would
put these issues on the table. It will allow people to identify
bullying behavior and give the community an understanding of
what bullying really is. This will help save the egos and lives
of many children.
3:10:59 PM
CHAIR DYSON mentioned the issue of reprisal and immunity and
asked if people aren't adequately covered under existing state
statute.
MR. MAHONEY said he didn't believe so. The Good Samaritan law
helps in instances of injury, but it doesn't provide immunity
from suits for slander, for instance.
3:12:53 PM
MARGIE KURZBARD, private citizen, Fairbanks, said she has been
working as a trainer in the Fairbanks North Star Borough schools
to help prevent bullying in schools. Currently 13 schools in the
district have undergone training and have dedicated resources to
make schools a safer place. However, a major problem, and the
reason she supports the legislation is that teachers and others
are afraid the administration won't be supportive. She described
it as a top down phenomena and said it won't work if teachers
don't have legal, social and administrative support.
MS. KURZBARD agreed with Senator Wilken that most schools are
addressing bullying in some way, but it has to be done
effectively. If the children who report and those who are
victimized aren't adequately supported and protected they will
stop reporting altogether. It's important that schools receive
adequate administrative, social and legislative support when
they address the issue of bullying so they can take good care of
the kids.
CHAIR DYSON asked Ms. Kurzbard to let him know if she ever
conducted training in Anchorage because he would like to attend.
3:15:58 PM
CHAIR DYSON closed the public hearing.
SENATOR KIM ELTON spoke in favor of the bill saying it offers
the opportunity to have a structured environment to deal with
bullying or harassment complaints. Last year he helped his
school deal with a difficult issue that was made more so because
people didn't know how to start. Although administrators and
teachers understood what was happening, a lot of time was wasted
in deciding how to deal with the problem. That would have been
avoided if there had been a structure, he said.
SENATOR ELTON suggested there's a larger problem here and one
that's harder to diagnose, so the reporting requirements in the
bill might be very helpful. Noting the high dropout rate in the
local high school, he said it's correlated to a certain socio-
economic strata and he would suspect that lots of students don't
go to school because of behaviors exhibited toward them. He
further speculated that a number of students are home schooled
because families don't know how to deal with the issue even
though they might not be the best type of family to provide home
schooling. The decision to home school may be made because of
fears the child has rather than for academic reasons.
Certainly this bill isn't the total solution, but it is a good
idea and it will help those who are bullied and those who are
bullies. To be pulled aside in a structured environment and
informed of the result of a destructive behavior strengthens the
culture of the school and makes it easier to educate children,
he said.
SENATOR GREEN expressed concern that the bill had no fiscal
note.
3:20:35 PM
MS. NOVATNEY explained that there was a fiscal note initially,
but the language in Section 14.33.200(c) was changed to be
permissive, which zeroed out the fiscal note. With regard to
reporting incidents, she said school districts are already
providing the information to the House and Senate.
SENATOR GREEN questioned why this is being put in statute.
MS. NOVATNEY explained that bullying is not specifically
included in the section that addresses procedures for dealing
with harassment or other events that result in suspension or
expulsion.
CHAIR DYSON stated that he believes bullying is a huge problem
and it seems as though something is going on in our culture that
is desensitizing people to brutality and the impact it has on
others.
3:22:46 PM
CHAIR DYSON asked whether there was any objection to moving the
bill. There was no objection stated and CSHB 482(JUD) was
reported from the Senate Health, Education and Social Services
Standing Committee.
CHAIR DYSON announced he was recessing the Senate Health,
Education and Social Services Standing Committee meeting to a
call of the chair.
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