03/19/2007 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SCR4 | |
| SB100 | |
| SB38 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SCR 4 | TELECONFERENCED | |
| *+ | SB 38 | TELECONFERENCED | |
| *+ | SB 100 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
March 19, 2007
1:34 p.m.
MEMBERS PRESENT
Senator Bettye Davis, Chair
Senator Joe Thomas, Vice Chair
Senator John Cowdery
Senator Kim Elton
Senator Fred Dyson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 4
Relating to public health and a health compact.
MOVED CSSCR 4 (HES) OUT OF COMMITTEE
SENATE BILL NO. 38
"An Act relating to scheduling Salvia divinorum and Salvinorin A
as controlled substances."
MOVED SB 38 OUT OF COMMITTEE
SENATE BILL NO. 100
"An Act relating to substance abuse and mental health disorder
prevention and treatment programs; and relating to long-term
secure treatment programs for persons with substance abuse or
co-occurring substance abuse and mental health disorders."
MOVED SB 100 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SCR 4
SHORT TITLE: PUBLIC HEALTH AND HEALTH COMPACT
SPONSOR(s): HEALTH, EDUCATION & SOCIAL SERVICES
02/21/07 (S) READ THE FIRST TIME - REFERRALS
02/21/07 (S) HES
BILL: SB 38
SHORT TITLE: SALVIA DIVINORUM AS CONTROLLED SUBSTANCE
SPONSOR(s): SENATOR(s) THERRIAULT
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) HES, JUD, FIN
BILL: SB 100
SHORT TITLE: SUBSTANCE ABUSE/MENTAL HEALTH PROGRAMS
SPONSOR(s): SENATOR(s) ELLIS
02/28/07 (S) READ THE FIRST TIME - REFERRALS
02/28/07 (S) HES, STA, FIN
WITNESS REGISTER
Richard Benavides
Staff to Chair Davis
Juneau, AK
POSITION STATEMENT: Presented SCR 4
Representative Cissna
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HCR 1, companion bill to SCR 4.
Liz Clement
Staff to Representative Cissna
Juneau, AK
POSITION STATEMENT: Testified on SCR 4
Karleen Jackson, Commissioner
Department of Health and Social Services (DHSS)
Juneau, AK
POSITION STATEMENT: Testified on SCR 4
Diane Casto, Manager
Prevention and Early Intervention Services
Division of Behavioral Health
Department of Health and Social Services (DHSS)
Juneau, AK
POSITION STATEMENT: Testified on SCR 4
Senator Johnny Ellis
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 100
Kate Herring
Aide to Senator Ellis
Juneau, AK
POSITION STATEMENT: Testified on SB 100 for the sponsor
Sonia Subani
AARP Alaska
Anchorage, AK
POSITION STATEMENT: In support of SB 100
Nathan Johnson, Division Manager
Anchorage Municipal Department of Health and Social Services
Anchorage, AK
POSITION STATEMENT: In support of SB 100
Mike Ford
Alaska Native Health Board
Anchorage, AK
POSITION STATEMENT: In support of SB 100
Lonnie Walters, Chair
Advisory Board on Alcohol and Drug Abuse
Prince of Wales Island
POSITION STATEMENT: In support of SB 100
Margaret Lowe
Alaska Mental Health Trust Authority (AMHTA)
Anchorage, AK
POSITION STATEMENT: In support of SB 100
Jeff Jesse, Chief Executive Officer
AMHTA
Anchorage, AK
POSITION STATEMENT: In support of SB 100
Matt Felix
National Council on Alcoholism and Drug Dependence
Juneau, AK
POSITION STATEMENT: In support of SB 100
Dave Stancliff
Staff to Senator Therriault
Juneau, AK
POSITION STATEMENT: Presented SB 38
Jack Hurd
Alaska Scientific Crime Detection Laboratory
Anchorage, AK
POSITION STATEMENT: Testified on SB 38
Jack Degenstein
Alaskan Libertarian Party
Juneau, AK
POSITION STATEMENT: Against SB 38
ACTION NARRATIVE
CHAIR BETTYE DAVIS called the Senate Health, Education and
Social Services Standing Committee meeting to order at 1:34:05
PM. Present at the call to order were Senators Thomas, Elton,
Dyson, Cowdery, and Chair Davis.
SCR 4-PUBLIC HEALTH AND HEALTH COMPACT
1:35:39 PM
CHAIR BETTYE DAVIS announced SCR 4 to be up for consideration.
RICHARD BENAVIDES, aide to Senator Davis, sponsor of SCR 4, said
that the resolution is a compact examining the multi-layered
health crisis in Alaska. Medical costs rise while the physician
population shrinks; while the legislature will work to improve
this, individual Alaskans must also try to minimize their impact
on the health care system. The compact will encourage Alaskans
to make healthy choices and share their experiences and ideas
with one another.
REPRESENTATIVE CISSNA, sponsor of HCR 1, companion bill to SCR
4, said that the resolution deals with the problem of health
care, and the choices that Alaskans make for their own health.
She explained how health habits are important to a person's
well-being, and the legislature must help Alaskans change the
way they care for their health. With this resolution the
governor can make an invitation to the population to inform
itself on its health and share information and stories; SCR 4
will start a statewide conversation on healthy living.
LIZ CLEMENT, aide to Representative Cissna, said that the House
Finance subcommittee recently passed out recommendations for a
$2 billion dollar health budget for the next fiscal year; the
resolution won't cost a cent, but provides a new approach to
health education.
REPRESENTATIVE CISSNA said that SCR 4 asks the state department
to look for a different way of communicating with the people of
Alaska.
CHAIR DAVIS commented that she and Representative Cissna had
discussed the SCR with the governor, and that all three had
talked about options for early intervention and public
involvement.
1:42:45 PM
KARLEEN JACKSON, Commissioner for the Department of Health and
Social Services (DHSS), said that many people have been working
on ways to get Alaskans to act together on health care.
1:43:58 PM
DIANA KASTO, manager of Prevention and Early Intervention
Services with the Division of Behavioral Health (DBH) in the
Department of Health and Social Services (DHSS), said that she's
worked with Representative Cissna over the years, and the DBH
wants to see people promoting healthy communities; the
resolution speaks to this. In order for the state to be healthy,
individuals must be healthy as well. As a state we must begin
focusing on health issues, physically and behaviorally. The
department looks forward to working to promote this.
1:46:24 PM
SENATOR COWDERY moved to adopt the proposed committee substitute
to CSR 4, labeled 25-LS0627/K, Version K, as the working
document of the committee. There being no objection, the motion
carried.
1:46:51 PM
SENATOR ELTON said that the committee substitute changes the way
of communication proposed in the original, and asked if there is
a central way for getting the message of the SCR to the people
of Alaska.
1:48:52 PM
REPRESENTATIVE CISSNA said that the language was changed because
of concerns about the interpretation of the language. The core
of the initiative is that it's voluntary; it's an invitation to
change the way people think. People shouldn't expect more than
the resolution actually contains, and the wrong wording would
change the aim of the SCR.
1:51:11 PM
SENATOR ELTON said that the core of the compact seems to be
ballooning, and that it may be difficult to share opinions about
the resolution with the changed wording.
MS. JACKSON said that the real goal of the SCR is dinner-table
conversations and person-to-person change; what the resolution
addresses is supporting existing efforts rather than creating a
new program.
SENATOR ELTON said that he doesn't mean to suggest the goal is
faulty; if a compact is created to encourage healthy choices,
there should simply be follow-up.
MS. JACKSON concurred.
1:54:33 PM
SENATOR DYSON said that he agreed with Senator Elton, and that
somehow a tracking method should be created as well as an outlet
for people's success stories and comments. He added that he
hopes that this will be done even if it's not included in the
language of the SCR.
CHAIR DAVIS said that the issue is important, and perhaps the
committee could add text to the SCR encouraging such
developments.
SENATOR ELTON said that in the CS there is a component that
points to the sharing of experiences. He emphasized that
community involvement is important for personal success, and
that maybe the existing language should be improved.
He then moved to adopt a conceptual amendment to SCR 4.
SENATOR DYSON suggested talking to other people about the change
in languages before amending the resolution.
CHAIR DAVIS suggested deciding to accept the amendment
immediately.
SENATOR DYSON said that perhaps the authors of SCR 4 would have
the best suggestions.
REPRESENTATIVE CISSNA said that the language won't be as
important as the intention.
There being no objection, the motion carried.
2:00:39 PM
SENATOR ELTON moved to report CSSCR 4(HES) from committee with
individual recommendations and accompanying fiscal notes. There
being no objection, the motion carried.
SB 100-SUBSTANCE ABUSE/MENTAL HEALTH PROGRAMS
2:01:42 PM
CHAIR BETTYE DAVIS announced SB 100 to be up for consideration.
SENATOR ELLIS, sponsor of SB 100, cited statistics regarding
alcohol abuse in Alaska, and said that it's no revelation that
the issue is huge, tragic and expensive. The bill is long
overdue, and the state of Washington (WA) has set an example for
what SB 100 could do in Alaska. There is growing recognition of
the link between substance abuse and mental illness. As
resources allow, these would be the priorities outlined in the
bill: treatment for incarcerated sufferers, children, and
certain populations. The bill also mandates priority treatments
for pregnant women in in-state programs, and provides a non-
discrimination clause for effective faith-based programs, which
have shown to be very helpful in prisons and other public
institutions when state services are lacking.
He continued to explain that section eight of the bill would
create a facility for involuntary commitments. The state of WA
has shown that it's an effective solution for many people; it
would not be for street inebriates, but rather people who are
severe substance abusers who are dangerous to themselves and
others. This bill would simply expand the existing program,
which is currently underused; it proposes a small number of beds
and a secure facility. People often walk out of detoxification
facilities and return to the same abusive lifestyles; the
population of these repeat offenders is around 40 in anchorage.
A University of Alaska Anchorage study recommended that forced
interventions towards these users could be effective. These
high-end users constantly cycle through the system at great cost
to the state.
He said that the bill could be a vehicle for working together to
find a better approach to treating this issue.
2:12:32 PM
SENATOR DYSON asked which part of the bill addresses the faith-
based-initiative funding.
SENATOR ELLIS replied that the provision is in line 30 of the
bill.
SENATOR DYSON commented that faith-based programs are very
effective, and asked if that provision of the bill might be
challenged in any way.
SENATOR ELLIS said that he'll have the Department of Law look at
the language of the bill.
SENATOR DYSON commented on a program in Anchorage that's
currently underused because it's faith-based.
SENATOR ELLIS said that the bill has a fiscal note of $1.9
million for the secure-bed facility, and that it would make
sense to have the beds co-located with a detoxification program.
2:16:07 PM
SENATOR COWDERY asked when the pilot program in WA state will be
completed.
KATE HERRING, aide to Senator Ellis, said that the WA program is
just now getting underway and will be completed in 2 years. WA
has had the facilities for years now, and the new program is
just for a secure facility.
SENATOR COWDERY asked how SB 100 differs from the WA bill.
MS. HERRING said that the language in Alaska's bill is less
colloquial, and that the one main difference is that Alaska only
sets up one pilot program versus WA's two.
2:18:30 PM
SENATOR DYSON said that some people in Juneau who have been
using an involuntary commitment program are claiming significant
success.
SENATOR ELLIS said that he would look for data on this.
2:19:42 PM
SONIA SUBANI, with AARP Alaska, asked if the committee received
her letter of support.
CHAIR DAVIS replied that they had.
MS. SUBANI said that substance abuse is prevalent in Alaska,
particularly among older citizens. Currently there's only one
treatment center for older Alaskans in Anchorage; often abuse
problems are confusing to a lot of people and are misdiagnosed
by those treating them. The AARP is also concerned with how
abuse affects grandchildren of its members, who often live with
the grandparents because of their own parents' problems.
2:23:10 PM
NATHAN JOHNSON, Division Manager for the Anchorage Municipal
Department of Health and Social Services (DHSS), said that the
department continually struggles with treating abuse and the
bill will help its efforts greatly. The Alaskan statistics for
alcohol and drug related issues are high, and treatment ability
is critical to reduce costs. The lifetime financial cost for a
baby with Fetal Alcohol Syndrome, for example, is almost $3
million. A limited number of people are responsible for the bulk
of drug and alcohol abuse incidents in Anchorage; they're a
major burden on tax dollars and a more comprehensive means of
treating them is necessary.
2:26:00 PM
MIKE FORD, with the Alaska Native Health Board, said that this
area of concern deserves a sharper focus, and the individuals
being discussed today are a major cost and should be targeted.
2:27:33 PM
LONNIE WALTERS, Chair of the Advisory Board on Alcohol and Drug
Abuse, related his history with involuntary commitment work, and
said that he has never seen more success than with such
programs. The system won't necessarily burden the court system,
because people can often be persuaded to enter on their own
recognizance. Cuts in treatment funding for involuntary
commitment have made the waiting list incredible long.
He concluded by saying that he wholeheartedly recommends the
program and its high success rate.
2:31:02 PM
SENATOR ELTON asked what the commitment process entails.
MR. WALTERS said that state laws need to be carefully consulted
before the involuntary commitment process is used, and the
Alaskan and Washingtonian laws are very similar. In his
experience, he would obtain letters of support from family and
friends of individuals.
SENATOR ELTON asked if Mr. Walters, in his past involuntary
commitment experience, had remained involved through the
patient's process and treatment.
MR. WALTERS said that he did not, and gave an example of how the
program worked in WA.
SENATOR ELTON asked how Mr. Walters felt about turning a patient
over to people unfamiliar with their particular case.
MR. WALTERS said that it's not a problem with a good counselor,
and that the counselors were provided with information
beforehand; such programs have the highest success rates he's
ever seen.
2:35:35 PM
MARGARET LOWE, with the Alaska Mental Health Trust Authority
(AMHTA), said that substance abuse is very often linked to child
abuse, and the state is in great need of more treatment options.
Far more money needs to be spent on treatment facilities and
personnel to make a difference in the future of the state.
JEFF JESSE, Chief Executive Officer for the AMHTA, said that
he's pleased with the bill and impressed with the grants for
evidence-based programs and the prioritization of pregnant
women; in the long run, there will be significant cost savings.
The pilot program is important because 20 percent of chronic
substance abusers cases incur 80 percent of the associated
costs; they need to be held accountable for their behavior.
2:40:20 PM
MATT FELIX, with the National Council on Alcoholism and Drug
Dependence, said that during the years when the Juneau Hospital
did involuntary commitments the program was very successful. The
most chronically addicted were committed, and many of them are
still sober today; they needed to be forced to turn their lives
around. Addiction isn't a choice, but a loss of control.
2:42:58 PM
SENATOR ELTON asked for the elements that lead to commitment.
MR. FELIX said that laws protect civil rights very well, so the
process before court is lengthy; loss of control must be proved,
as well as the chance of rehabilitation. The program was
successful in Juneau because it was a city program with access
to the city lawyers.
2:44:36 PM
SENATOR THOMAS said that hopefully the program will do some good
because the present situation needs to be changed; he asked what
the problem is with convincing people to agree to funding the
program, and what effort is needed to show that the program is
effective.
MR. FELIX said that per capita alcohol consumption has fallen to
under a gallon annually in Alaska, partially due to awareness of
abuse problems. He added that addiction is better understood
now, and treatment is getting to be more effective.
SENATOR THOMAS asked if alcohol abuse is being replaced by drug
abuse.
MR. FELIX said that alcohol is a drug of choice, and in Alaska
it's the major problem.
2:50:09 PM
SENATOR THOMAS moved to report SB 100 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
SB 38-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE
2:51:04 PM
CHAIR BETTYE DAVIS announced SB 38 to be up for consideration.
DAVE STANCLIFF, staff to Senator Therriault, sponsor of SB 38,
said that the bill would add Salvia divinorum to the state's
list of controlled substances. It's the most potent naturally
occurring hallucinogenic substance on the planet; there are
groups on both sides of the issue of classification, and Mr.
Stancliff cited testimony from users. Alaska is considered to be
a "green-light" state for shipping of the substance, meaning it
can be easily obtained over the internet without legal
ramifications. It has gained popularity as a legal alternative
to marijuana, and many young people have access to it. Studies
indicate that the use of it is rising, while the internet is
making it very easy to find. The state crime lab is in the
process of creating a way to identify the presence of the drug
in a user's system. SB 38 will send a message to all using the
drug that it's a substance that is unpredictable, powerful, and
dangerous, while allowing it to remain prescribeable for medical
reasons. He added that the drug is currently available in Juneau
and online; he showed print-outs from the internet showing the
prevalence of Salvia divinorum information on the internet.
2:59:21 PM
SENATOR COWDERY asked if the drug is a plant.
MR. STANCLIFF said that it's a plant grown in Mexico, and a
member of the sage genus; there's no blood or breath test
available for the drug. The main purpose of the bill is to act
as a disincentive to people shipping it to Alaska.
SENATOR COWDERY asked about the effects of the drug.
MR. STANCLIFF said that according to online research, the drug
causes hallucinations and a state of uncontrolled delirium. It
would be dangerous to operate a motor vehicle under the
influence.
3:02:03 PM
JACK HURD, analyst for the Alaska Scientific Crime Detection
Laboratory, said that he was available for questions on the
bill.
SENATOR DYSON asked if people are victimized under the influence
of the drug.
MR. STANCLIFF said that that would be possible.
SENATOR DYSON asked how many other states have criminalized the
drug.
MR. STANCLIFF said that four states have banned it, and at least
seven countries have banned it or control it heavily.
3:03:25 PM
SENATOR ELTON asked if the state crime laboratory is currently
developing tests for identification in a person's body, and
asked if there are costs incurred by the process.
MR. HURD said that the costs would be negligible.
SENATOR ELTON asked if the drug is federally banned.
MR. STANCLIFF said that the DEA has not placed it on its
controlled substance list, although there have been several
measures before Congress to begin that action.
3:05:06 PM
JACK DEGENSTEIN, with the Alaskan Libertarian Party, said that
he's studied the plant for the last four years, and the
information in the sponsor statement is skewed. He said that
the news on the drug has changed to become more pejorative over
time, and that facts often cited about the case of a kid who
committed suicide under the influence were not clearly used.
He explained that Salvia divinorum is not a similar substance to
LSD or marijuana. The bill proposes to keep children from
accessing the plant, but since it's federally legal it can't
ever become totally illegal in Alaska. Other substances are
more dangerous than Salvia divinorum, which doesn't cause brain
damage. If Salvia is made illegal, it will simply be replaced by
something else. It will only make criminals out of law-abiding
citizens, and people using it irresponsibly will continue to do
so. Vendors have said that they will continue sending it to
Alaska despite a state ban, so the bill will be pointless.
He explained how the drug has been found to relieve depression
where other substances have failed. Recent studies have shown
that it relieves cocaine and opium addiction in rats; if the
plant is made illegal in the state, research possibilities will
be limited. The drug is non-toxic even with prolonged exposure,
and shows promise in addiction help; the bill would be harmful
to those wishing to cease their addictions. The bill could be
altered to allow for older individuals to receive the plant;
Maine is attempting to make it legal for those 18 and older, but
a felony for provision to underage kids. The people who want to
use the plant responsibly shouldn't be punished.
SENATOR COWDERY asked if the testifier had used the drug.
MR. DEGENSTEIN said that he had, 4 months previously.
SENATOR COWDERY asked how he found the plant.
MR. DEGENSTEIN replied that he ordered a live plant over the
internet.
DAVIS said that there were some concerns about the bill but she
thought it should be allowed to move through the system. She
then asked the will of the body.
SENATOR COWDERY moved to report SB 38 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
CHAIR DAVIS, seeing no further business before the committee,
adjourned the meeting at 3:16:47 PM.
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