Legislature(2001 - 2002)

02/27/2002 01:40 PM HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
      SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE                                                                    
                        February 27, 2002                                                                                       
                            1:40 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyda Green, Chair                                                                                                       
Senator Loren Leman, Vice Chair                                                                                                 
Senator Gary Wilken                                                                                                             
Senator Bettye Davis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Jerry Ward                                                                                                              
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION BY SUSAN  SCLAFANI, COUNSELOR TO THE  US SECRETARY OF                                                              
EDUCATION                                                                                                                       
                                                                                                                                
SENATE BILL NO. 283                                                                                                             
"An Act relating to temporary permits  and licenses by endorsement                                                              
issued by the Board of Nursing; and  relating to the delegation of                                                              
nursing duties."                                                                                                                
     MOVED SB 283 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 325                                                                                                             
"An  Act relating  to  civil liability  for  use  of an  automated                                                              
external defibrillator; and providing for an effective date."                                                                   
     MOVED SB 325 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 293                                                                                                             
"An  Act relating  to  diversion  payments, wage  subsidies,  cash                                                              
assistance,  and  self-sufficiency  services  provided  under  the                                                              
Alaska temporary  assistance program;  relating to the  food stamp                                                              
program; relating to child support  cases that include persons who                                                              
receive  cash assistance  or self-sufficiency  services under  the                                                              
Alaska  temporary   assistance  program;  and  providing   for  an                                                              
effective date."                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                                
SB 283 - No previous action to record.                                                                                          
                                                                                                                                
SB 325 - No previous action to record.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Dr. Ed McLain                                                                                                                   
Deputy Commissioner                                                                                                             
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT:  Responded to questions about the No Child                                                                
Left Behind Act.                                                                                                                
                                                                                                                                
Senator Gary Wilken                                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of SB 283                                                                                        
                                                                                                                                
Ms. Lynn Hartz                                                                                                                  
Board of Nursing                                                                                                                
3104 Brookside Dr.                                                                                                              
Anchorage, AK  99517                                                                                                            
POSITION STATEMENT:  Supports SB 283                                                                                          
                                                                                                                                
Ms. Pat Senner                                                                                                                  
Alaska Nurses Association                                                                                                       
PO Box 102264                                                                                                                   
Anchorage, AK  99510                                                                                                            
POSITION STATEMENT:  Supports SB 283                                                                                          
                                                                                                                                
Ms. Nancy Sanders                                                                                                               
Board of Nursing                                                                                                                
4830 Kalenka Ct.                                                                                                                
Anchorage, AK  99502                                                                                                            
POSITION STATEMENT:  Supports SB 283                                                                                          
                                                                                                                                
Ms. Dorothy Fulton                                                                                                              
Board of Nursing                                                                                                                
3601 C St.                                                                                                                      
Anchorage, AK  99503                                                                                                            
POSITION STATEMENT:  Supports SB 283                                                                                          
                                                                                                                                
Ms. Mary Weymiller                                                                                                              
Board of Nursing                                                                                                                
      th                                                                                                                        
666 11 Ave.                                                                                                                     
Fairbanks, AK  99701                                                                                                            
POSITION STATEMENT:  Supports SB 283                                                                                          
                                                                                                                                
Ms. Katherine Reardon, Director                                                                                                 
Division of Occupational Licensing                                                                                              
Department of Community and Economic Development                                                                                
PO Box 110800                                                                                                                   
Juneau, AK  99811-0800                                                                                                          
POSITION STATEMENT:  Supports SB 283                                                                                          
                                                                                                                                
Ms. Wilda Rodman                                                                                                                
Staff to Senator Therriault                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of SB 325                                                                      
                                                                                                                                
Ms. Kathy McLaren                                                                                                               
Emergency Medical Services                                                                                                      
Department of Health &                                                                                                          
  Social Services                                                                                                               
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Supports SB 325                                                                                          
                                                                                                                                
Mr. Tim Begaine                                                                                                                 
FNSB Emergency Operations                                                                                                       
PO Box 55274                                                                                                                    
North Pole, AK  99715                                                                                                           
POSITION STATEMENT:  Supports SB 325                                                                                          
                                                                                                                                
Ms. Pam Beale                                                                                                                   
Alaska Hospital Association                                                                                                     
6704 Notting Hill                                                                                                               
Anchorage, AK  99504                                                                                                            
POSITION STATEMENT:  Supports SB 325                                                                                          
                                                                                                                                
F.X. Nolan                                                                                                                      
Municipality of Anchorage                                                                                                       
1833 Cindylee Lane                                                                                                              
Anchorage, AK  99507                                                                                                            
POSITION STATEMENT:  Supports SB 325                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-13, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRWOMAN  LYDA  GREEN  called the  Senate  Health,  Education  &                                                            
Social Services Committee  meeting to order at  1:40 p.m. Senators                                                              
Wilken, Davis and  Green were present. Chairwoman  Green asked Dr.                                                              
Sclafani to present to the committee.                                                                                           
                                                                                                                                
DR. SUSAN SCLAFANI, Counselor to  the U.S. Secretary of Education,                                                              
informed members that  this visit to Alaska is her  first, and she                                                              
has realized  that Alaska  faces some  similar and very  different                                                              
challenges to  other states.   However, she believes  all involved                                                              
will find a consistent and coherent  message in the "No Child Left                                                              
Behind   Act,"  organized   around   the   following  four   major                                                              
principles.                                                                                                                     
                                                                                                                                
1.   Accountability for results.                                                                                              
                                                                                                                                
The  new act  goes beyond  the 1994  reauthorization by  requiring                                                              
states  to:  set rigorous  content  standards;  establish  student                                                              
achievement standards;  and develop  assessments aligned  to those                                                              
standards  and available  to students  in grades  3-8 in  reading,                                                              
language  arts, and mathematics.  Beginning  in 2005, states  must                                                              
create standards  in science and  have an assessment  by 2007-2008                                                              
linked to those  standards that would be given  once in elementary                                                              
school, once  in middle school and  once in high school.  The goal                                                              
is to  address those  areas critical  to national  security.   The                                                              
government and private  sector are finding that  K-12 students are                                                              
not going into  higher education or careers in the  fields of math                                                              
and science.   That problem  has been  solved short term  with H1B                                                              
visas, but that is not a long term solution.                                                                                    
                                                                                                                                
Accountability includes  making public reports to  communities and                                                              
parents to  inform them of the  progress of students  and schools,                                                              
and  enabling  them  to  evaluate the  quality  of  schools  their                                                              
children attend,  as well  as the  qualifications of teachers.  In                                                              
addition,  states  will create  a  public  report card  that  will                                                              
evaluate schools  and how  students are  doing in a  disaggregated                                                              
format. Categories have been established  for all major ethnic and                                                              
racial groups, by gender, by migrant  status, by special needs, by                                                              
children  who  are not  yet  proficient  in  English, as  well  as                                                              
economically disadvantaged students.   The purpose of establishing                                                              
those  categories is  to  ensure  that no  child  is left  behind.                                                              
Schools will  be accountable for  the performance of  all students                                                              
and, within  12 years,  all students who  are tested  should reach                                                              
proficiency levels as  defined by the state. It will  be up to the                                                              
state to create the accountability  system that defines the levels                                                              
at which students  and schools need to achieve at  each year along                                                              
the way.   While the initial level  must be set for 2005,  the bar                                                              
must be raised again in two years  and again in three years to get                                                              
to the proficiency in 12 years.                                                                                                 
                                                                                                                                
2.   State and local flexibility and local control.                                                                           
                                                                                                                                
The  Bush Administration  believes  strongly that  it  is not  the                                                              
federal  government's role  to tell  states how  to achieve  these                                                              
standards and what programs they  should put in place. The funding                                                              
mechanism  provides  the area of greatest flexibility.  States can                                                              
take up  to 50 percent  of any one of  the titles of  the funding,                                                              
except for Title  1, and apply that to any purpose  for which ESEA                                                              
funds are  allowed. That  means if safe  and drug free  schools is                                                              
not an  issue in  a community,  that district  can  take up  to 50                                                              
percent  of  those  dollars  and  apply  them  to  technology  for                                                              
distance learning  or another  program. In  addition, some  of the                                                              
funding streams  have been consolidated  so that states  don't get                                                              
small amounts  of money for specific  programs but instead  have a                                                              
block grant  to use as states  see fit.  The  class-size reduction                                                              
dollars were fine for states and  districts that were able to find                                                              
additional  highly qualified  teachers and  had the facilities  to                                                              
reduce class  size, but  many districts were  unable to  use those                                                              
funds.                                                                                                                          
                                                                                                                                
The  U.S. Department  of  Education wants  to  recognize that  the                                                              
improvement of the quality of education  for students is primarily                                                              
a factor  of the quality  of teachers. It  is up to each  state to                                                              
determine how  to improve that  quality. The block  grant included                                                              
not  just class  size  reduction  funds  but also  the  Eisenhower                                                              
program  funds, which  was initially  focused  on mathematics  and                                                              
science  exclusively.  The  Eisenhower   fund  program  was  later                                                              
broadened to include other subject  areas. Congress is hoping that                                                              
school districts  will  continue to focus  dollars on  mathematics                                                              
and  science because  Congress sees  this as  a national  security                                                              
issue, but no one will prescribe  what proportion of those dollars                                                              
must be spent on science and mathematics.                                                                                       
                                                                                                                                
Additional funds were added to make  a block grant of $2.8 billion                                                              
available to spread among states  so that they could determine how                                                              
to best  improve the quality  of their teachers.   It is  clear to                                                              
the U.S.  Department of Education,  from the studies done  by Bill                                                              
Sanders in Tennessee, that teacher  quality is the critical issue.                                                              
Mr. Sanders'  value-added  studies have  a very rich  longitudinal                                                              
database  because  he was  able  to  look  at the  performance  of                                                              
students  over   time.  He  found   that  students   with  similar                                                              
circumstances who  had exemplary teachers  over a three  year time                                                              
period  were 50 to  70 percentile  points ahead  of students  with                                                              
mediocre  teachers. Research  on  teacher  quality concludes  that                                                              
teachers must be  well prepared in their content  area and able to                                                              
work  with  resources that  enable  them  to  reach all  of  their                                                              
students -  a national  problem that is  exacerbated in  remote or                                                              
rural areas.   Title  2 dollars  can be  used to create  selection                                                              
criteria,  recruitment  and  retention   programs,  and  to  train                                                              
teachers and  principals. Title  2 funds require  states to  use a                                                              
definition   of   "highly  qualified   teachers"   that   includes                                                              
certification  in  their  subject  areas  and  to  define  "highly                                                              
qualified paraprofessionals"  as being those people  with either a                                                              
two-year  associate degree  or the  equivalent as  measured by  an                                                              
assessment.  Congress has been very  concerned over the last seven                                                              
years about the  use of paraprofessionals to  deliver instruction,                                                              
particularly to Title 1 children who are already behind.                                                                        
                                                                                                                                
3.   Do  what works  -  focusing  research on  proven  educational                                                            
methodology.                                                                                                                  
                                                                                                                                
A lot of research on the teaching  of reading has shown what works                                                              
and what  does not, and  has gotten away  from the  whole language                                                              
versus phonics  battle, where  practice was  based more  on belief                                                              
systems rather than  research and evidence on  how children learn.                                                              
The U.S.  Department of  Education is declaring  that war  over as                                                              
the research  is clear.  Congress has  appropriated an  additional                                                              
$900 million this year and $1 billion  each of the next four years                                                              
for reading  first, ensuring that  K-3 teachers are  well prepared                                                              
to teach  scientifically  based methodology  in reading.  The U.S.                                                              
Department of Education is looking  for research based practice in                                                              
all  areas so  that as  teacher-training  programs are  developed,                                                              
research on  effective practices is  built into the  programs. She                                                              
commended legislators  for joining  the state education  and early                                                              
learning  programs because  early  childhood programs  need to  be                                                              
linked to  what children  will learn when  they arrive  at school.                                                              
The phrase  "scientific  research based  practice" appears  in the                                                              
Act  111 times.   That  practice  means that  rather than  picking                                                              
ideas out of  the hat as to  how to move forward,  movement should                                                              
be based  on research that  shows what has  worked before.   If no                                                              
research exists  in a particular  area, states should look  at the                                                              
evidence from successful schools in one's own state.                                                                            
                                                                                                                                
CHAIRWOMAN  GREEN  asked  Dr.  Sclafani  if she  is  referring  to                                                              
curriculum selection.                                                                                                           
                                                                                                                                
DR.  SCLAFANI  said  she is  referring  to  curriculum  selection,                                                              
training  and  professional  development,  reading  programs,  and                                                              
creating options for  supplemental services for students.   All of                                                              
these  programs  should  be based  on  scientific  research  based                                                              
practices that show proven success.                                                                                             
                                                                                                                                
SENATOR LEMAN said  he hopes the U.S. Department  of Education has                                                              
more success with  that term than some committee  members did last                                                              
year. They were loudly criticized  for suggesting that some of the                                                              
changes should  be based  on science and  medicine. He  added that                                                              
last year  the legislature passed  legislation that  allows people                                                              
who are not certified  but have subject matter  expertise to teach                                                              
in a  school district if  they work on  certification at  the same                                                              
time. He asked if those people will  fit within the new definition                                                              
in the federal act.                                                                                                             
                                                                                                                                
DR.  SCLAFANI  said  it  does not.  She  said  the  Department  of                                                              
Education  was   arguing  that  "highly  qualified"   not  include                                                              
certification,  but Congress  insisted.  She said  the state  will                                                              
have to  define alternative certification  programs that  they can                                                              
participate  in. Some states  have provided  local permits,  which                                                              
are  state  approved  permits  for  highly  qualified  uncertified                                                              
individuals.   The permit allows  the individual to teach  only in                                                              
that district.  She advised  the state will  have to come  up with                                                              
structures that enable those individuals to become certified.                                                                   
                                                                                                                                
SENATOR  LEMAN asked  if  Alaska's  law allows  an  18 month  time                                                              
period to get certified.                                                                                                        
                                                                                                                                
DR. ED MCLAIN, Deputy Commissioner  of the Department of Education                                                              
and  Early Development,  said  that  those individuals  receive  a                                                              
temporary certificate  that is good for 18 months  while they work                                                              
to obtain a permanent certificate.                                                                                              
                                                                                                                                
DR. SCLAFANI  pointed out the federal  law is very specific  as it                                                              
requires full certification. She  noted it was influenced strongly                                                              
by people who feel strongly that  certification is the only way to                                                              
go. She  said there are no  immediate consequences to  employing a                                                              
teacher who  is not  fully certified  as long as  the state  has a                                                              
plan to get them certified and Alaska's system does that.                                                                       
                                                                                                                                
CHAIRWOMAN GREEN  asked Dr. McLain if  he is making a list  of the                                                              
changes in the  federal law that will require  changes in Alaska's                                                              
statutes.                                                                                                                       
                                                                                                                                
DR. MCLAIN  said DOEED  is not only  talking about what  statutory                                                              
changes  may be  necessary, but  also what  regulatory and  record                                                              
keeping changes might be necessary too.                                                                                         
                                                                                                                                
CHAIRWOMAN GREEN  asked if any statutory  changes will have  to be                                                              
made during this session.                                                                                                       
                                                                                                                                
DR. MCLAIN  said SB  250, which  changes the  date for the  school                                                              
designators, has already passed out  of the Senate HESS Committee.                                                              
That bill  will allow DOEED to  meld the two systems  [federal and                                                              
state] into one.                                                                                                                
                                                                                                                                
CHAIRWOMAN GREEN  asked if the other  changes can wait  until next                                                              
year.                                                                                                                           
                                                                                                                                
DR.  MCLAIN said  that DOEED  might need  to take  on some  issues                                                              
related  to assessment  systems.   He  noted he  has raised  those                                                              
issues  with the  U.S. Department  of  Education and  he does  not                                                              
believe they will require statutory changes.                                                                                    
                                                                                                                                
DR. SCLAFANI  said she believes most  of the changes that  need to                                                              
be done  immediately are actions  and decisions that must  be made                                                              
by  DOEED  by  next  fall.   They  will  not  require  legislative                                                              
changes.                                                                                                                        
                                                                                                                                
DR. SCLAFANI continued her presentation.                                                                                        
                                                                                                                                
4.   Parental Choice.                                                                                                         
                                                                                                                                
"Parental choice"  has been construed to mean  that parents should                                                              
have some say in the school their  child attends if that school is                                                              
low performing.   Parents of children  who attend Title  1 schools                                                              
will be  offered the  option of  public school  choice within  the                                                              
district  if the school  has been  low performing  for two  years,                                                              
upon  the parents'  request.   There are  funding requirements  to                                                              
cover  this cost  that  are taken  out of  federal  funds, but  20                                                              
percent  of the  Title  1 allocation  must  be  reserved for  this                                                              
purpose.  Not only must a district  provide parents with a choice,                                                              
it must also provide transportation.                                                                                            
                                                                                                                                
2:03 p.m.                                                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN expressed  concern  about the  size of  Alaska's                                                              
districts and asked if that is a  point of discussion Dr. Sclafani                                                              
will address.                                                                                                                   
                                                                                                                                
DR. SCLAFANI said she plans to take  that issue to the legal staff                                                              
of the U.S. Department of Education  for an interpretation because                                                              
although the  act says  transportation must  be provided  within a                                                              
district, it doesn't make sense if  a school is 172 miles away and                                                              
each flight costs $1,000.  She confirmed  that the U.S. Department                                                              
of  Education would  provide  Alaska with  some  guidance on  that                                                              
issue.                                                                                                                          
                                                                                                                                
DR. SCLAFANI  explained that  if the low  performing school  is in                                                              
year two  of school improvement,  the parent who leaves  the child                                                              
at  that school  is eligible  for supplemental  services for  that                                                              
child, which means they receive the  Title 1 funds to get tutoring                                                              
services.   The tutoring  services can  be provided by  community-                                                              
based  organizations,  private entities,  community  institutions,                                                              
on-line learning or  by the school district if no  other entity is                                                              
available. It is up to the parent  to say, "I'm willing to keep my                                                              
child here but  knowing the criticality of continuing  to mount up                                                              
deficiencies if  the school is not  doing what it needs  to do for                                                              
my child,  I should  have some  opportunity to  get my child  that                                                              
additional assistance."                                                                                                         
                                                                                                                                
DR. SCLAFANI asserted  that it is clear to the  U.S. Department of                                                              
Education that  the focus of the  act is on the children.  For the                                                              
first time, the  nation is holding itself to the  highest standard                                                              
it has  ever had.  In the  past, some  children were written  off.                                                              
This time,  the act requires that  95 percent of students  in each                                                              
subpopulation must be assessed. Each  subpopulation will have some                                                              
with  cognitive disabilities  that may  not enable  them to  reach                                                              
proficiency but that  should not amount to more than  5 percent of                                                              
any group.  The rest have the  capacity to succeed with  the right                                                              
strategies. She  pointed out that  the new act has  an interesting                                                              
mix  of  dollars.   Some  are  simply  categorical   and  will  be                                                              
distributed on a formula basis; and  some are categorical but will                                                              
be awarded  on a  competitive grant  basis -  states will  have to                                                              
present a  viable proposal before  funding is awarded. It  will be                                                              
up  to  states  to  distribute  funds   in  a  similar  manner  to                                                              
districts,  recognizing  that the  dollars  need  to be  targeted.                                                              
This act tries to focus the dollars  on the children most in need.                                                              
                                                                                                                                
CHAIRWOMAN GREEN asked about Reading First.                                                                                     
                                                                                                                                
DR. SCLAFANI explained that Reading  First is a separate component                                                              
of  the act  that has  set aside  $900  million this  year and  $1                                                              
billion for the  next four years for the training  of K-3 teachers                                                              
in scientifically  based methodologies  for teaching  reading. The                                                              
training will be  done within school districts. States  can keep a                                                              
percentage  of  the  dollars  at  the state  level  to  develop  a                                                              
statewide  program. School  districts  can then  use  some of  the                                                              
funding to  pay teachers to attend  the training. The  bottom line                                                              
is that  all teachers  are trained  in good  practice so  they can                                                              
help children succeed.                                                                                                          
                                                                                                                                
CHAIRWOMAN  GREEN  asked  if  districts  with  schools  that  need                                                              
improvement would oversee training programs.                                                                                    
                                                                                                                                
DR.  MCLAIN  said   that  is  one  of  the  issues   for  which  a                                                              
determination  needs to  be made.  He and Dr.  Sclafani have  been                                                              
discussing  that  exact  question  and are  considering  the  most                                                              
appropriate  thing to  do in  that  situation. Alaska  could do  a                                                              
statewide  model  with specific  conditions  and  parameters or  a                                                              
regional plan could be designed.                                                                                                
                                                                                                                                
DR. SCLAFANI said  the continuum of state intervention  is another                                                              
issue that the  U.S. Department of Education is  looking at: where                                                              
does the  state take  a greater  role in  developing the  plan and                                                              
where does  it stand back? The  state must establish a  bar within                                                              
its accountability  system to delineate at what  level schools are                                                              
not performing  adequately. States can choose to  identify further                                                              
steps  for schools  that haven't  made adequate  progress for  two                                                              
years. If  after two years no  progress has been made,  states can                                                              
impose corrective action to develop  a plan that changes practice.                                                              
Those changes could  be to curriculum, staffing,  and/or training.                                                              
If that is  still not effective  after two years, which  means the                                                              
school has not  been making adequate progress over  six years, the                                                              
state steps  in to restructure and  has a much greater  say in how                                                              
dollars  are spent.  She pointed  out one question  that comes  up                                                              
with the  2005 requirements  is that  DOEED is  currently using  a                                                              
combination of  norm referenced and criterion  referenced testing.                                                              
Psychometricians  say  it  is difficult,  if  not  impossible,  to                                                              
establish an alignment of norm-referenced  tests to Alaska's state                                                              
standards. By their  very nature they are a consensus  document of                                                              
every states' standards so they do  not measure enough of Alaska's                                                              
standards to  be a  good alignment nor  do they  do it as  well as                                                              
they should.  DOEED needs  to decide  whether to  use some  of the                                                              
funds for test  development to develop criterion  referenced tests                                                              
for those grades that are not using them.                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN noted the  presence of  Senator Wilken  and then                                                              
asked  if   the  testing   will  also   help  identify   deficient                                                              
classrooms.                                                                                                                     
                                                                                                                                
DR.  SCLAFANI  said  they  will  and  with  a  good  student  data                                                              
information management  system, DOEED will not only  have the rich                                                              
data  from the  assessments  to look  at  districts, schools,  and                                                              
classrooms, but  also to  look at the  progress of the  individual                                                              
child.                                                                                                                          
                                                                                                                                
CHAIRWOMAN GREEN  asked if areas  that are not being  taught could                                                              
be identified.                                                                                                                  
                                                                                                                                
DR.  SCLAFANI said  yes -  it is  a  good way  to measure  teacher                                                              
quality because if you find, longitudinally,  children are missing                                                              
certain objectives  each and  every year, it  is probably  not the                                                              
children.  She  said the  U.S.  Department  of Education  will  be                                                              
looking   at  whether   Alaska's   current  criterion   referenced                                                              
assessments  are aligned  to the  curriculum.   DOEED  has done  a                                                              
study of that question,  which is under review at  this time.  She                                                              
added that  Alaska will  have to decide  whether to continue  with                                                              
norm-referenced tests or move into  criterion referenced tests for                                                              
grades 3-8.                                                                                                                     
                                                                                                                                
CHAIRWOMAN  GREEN  asked  if  the  State of  Alaska  could  use  a                                                              
criterion-referenced test used in another state.                                                                                
                                                                                                                                
DR.   SCLAFANI  said   the  U.S.   Department   of  Education   is                                                              
recommending  states  look at  other  states' standards  and  find                                                              
those  that are  similar.   The U.S.  Department  of Education  is                                                              
concerned about  the capacity of  the assessment industry  to come                                                              
up with  50 unique  tests.  Alaska  might be  able to use  another                                                              
state's test and add a supplement.                                                                                              
                                                                                                                                
CHAIRWOMAN  GREEN asked  if there  is a  way to  evaluate a  norm-                                                              
referenced test to determine which  portions could be converted to                                                              
a criterion referenced test.                                                                                                    
                                                                                                                                
DR. SCLAFANI said that can but done  but that would essentially be                                                              
building a  criterion referenced  test. She then  informed members                                                              
that one  of the challenges facing  Alaska is the  requirement for                                                              
assessment  in   Native  languages  because  of   the  variety  of                                                              
languages.  It is  a requirement  although  where it  is just  not                                                              
practicable, the U.S. Department  of Education is asking states to                                                              
come up with a plan to address the  problem. One solution might be                                                              
to start  English language  development  earlier so that  students                                                              
can  reasonably  demonstrate  their  knowledge and  skills  on  an                                                              
assessment in English by third grade.                                                                                           
                                                                                                                                
DR. SCLAFANI  said the next issue  that has already  been resolved                                                              
is  that many  states  had laws  that uniformly  exempted  limited                                                              
English proficient  (LEP) students from  testing for two  or three                                                              
years.  This act  requires  a tighter  reign  so  that no  blanket                                                              
exemptions  will  be  given.   One  issue  with  Alaska's  current                                                              
program is  that the U.S.  Department of Education  needs accurate                                                              
participation  rate  data for  all  students.   If  95 percent  of                                                              
students  are to  be assessed,  the U.S.  Department of  Education                                                              
will need participation rates for  all subpopulations.  She stated                                                              
that Alaska faces  a challenge when reporting its  data because of                                                              
the  number  of  small  schools for  two  reasons:  once  data  is                                                              
disaggregated by subpopulation,  the numbers will be  too small to                                                              
be statistically relevant or to meet  the Family Education Privacy                                                              
Act  (FERPA), which  prohibits publishing  information that  might                                                              
identify a child  or a group of children.  The  U.S. Department of                                                              
Education  has asked Alaska  to come  up with  a plan for  holding                                                              
those schools accountable for student performance.                                                                              
                                                                                                                                
CHAIRWOMAN  GREEN asked  if  the information,  after  it has  been                                                              
disaggregated,  can be  re-aggregated over  a larger  geographical                                                              
area.                                                                                                                           
                                                                                                                                
DR. SCLAFANI  said the  school district  report does exactly  that                                                              
with information from individual schools.                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN  noted  that  DOEED   was  unable  to  get  that                                                              
information from  districts as  well because of  FERPA.   She said                                                              
she is  trying to  figure out whether  data can  be released  on a                                                              
regional  basis because  otherwise there  will be  no way to  know                                                              
where the problems are.                                                                                                         
                                                                                                                                
DR.  SCLAFANI said  it  would be  up  to the  state  to create  an                                                              
additional  intermediate level to  aggregate the  data.   The plan                                                              
will have  to show  how that data  will be  used to determine  the                                                              
quality of education.                                                                                                           
                                                                                                                                
2:25 p.m.                                                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN asked  how legislators  will realize whether  or                                                              
not  a  particular  school  needs  help  if  it  cannot  have  the                                                              
information.                                                                                                                    
                                                                                                                                
DR. SCLAFANI explained that DOEED  can have the information but it                                                              
cannot be published.                                                                                                            
                                                                                                                                
CHAIRWOMAN  GREEN asked  if the  information can  be furnished  to                                                              
legislators.                                                                                                                    
                                                                                                                                
DR. SCLAFANI  said a part of DOEED's  plan will have to  be how to                                                              
identify to legislators  the schools that need  school improvement                                                              
without publishing the data.                                                                                                    
                                                                                                                                
CHAIRWOMAN GREEN acknowledged the presence of Senator Ward.                                                                     
                                                                                                                                
DR. SCLAFANI  indicated that  Alaska did  have an issue  regarding                                                              
not requiring all  Title 1 students to take the exit  exam but she                                                              
understands  that DOEED  has  new  rules so  that  issue has  been                                                              
resolved. She  pointed out that the  federal act does  not require                                                              
states to have  an exit exam with consequences  for students; that                                                              
is a  state decision.  She said  in her  opinion, putting  off the                                                              
test  until  2004 to  give  schools  more  time to  help  students                                                              
prepare is a good idea because if  children have not been prepared                                                              
with the skills  they need, they will be accountable  for the rest                                                              
of their lives.                                                                                                                 
                                                                                                                                
TAPE 02-13, SIDE B                                                                                                              
                                                                                                                                
DR. SCLAFANI  said, regarding  the school  designators, the  state                                                              
will have to decide what the bar  will be that all schools have to                                                              
meet, as  well as how to  define what constitutes  adequate yearly                                                              
progress.                                                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN asked if  that will  also be determined  through                                                              
the designator process.                                                                                                         
                                                                                                                                
DR. MCLAIN said DOEED is currently  trying to address the question                                                              
of  how to  incorporate adequate  yearly progress  - whether  that                                                              
will be  the sole measure  for designation  or whether  to include                                                              
other non-academic factors. He and  Dr. Sclafani have been talking                                                              
about proposals  to include factors  such as parent  and community                                                              
involvement.  The  question then  becomes  whether  a high  parent                                                              
involvement  score  could  offset   lower  achievement.    DOEED's                                                              
current proposal  is to report that  type of data but to  keep the                                                              
adequate progress focused on student achievement.                                                                               
                                                                                                                                
DR. SCLAFANI said the act does, in  fact, state that other factors                                                              
cannot override the academic performance  factor. She then offered                                                              
to respond to any questions members might have.                                                                                 
                                                                                                                                
SENATOR DAVIS asked,  regarding the Reading First  component, what                                                              
has  been  decided  in the  debate  about  whole  language  versus                                                              
phonics.                                                                                                                        
                                                                                                                                
DR. SCLAFANI  said that  a national  research panel has  published                                                              
the  research  on  what  strategies   are  effective  for  student                                                              
learning. It  includes phonemic  awareness, alphabetic  awareness,                                                              
orthographic awareness, fluency and comprehension.                                                                              
                                                                                                                                
SENATOR DAVIS asked for the name of the study.                                                                                  
                                                                                                                                
DR. SCLAFANI  said it was a  compilation of studies edited  as the                                                              
National Research Panel's Report on Reading.                                                                                    
                                                                                                                                
SENATOR DAVIS asked  about the teacher quality  study she referred                                                              
to.                                                                                                                             
                                                                                                                                
DR. SCLAFANI stated she was referring  to "The Value Added Studies                                                              
of Teacher Performance" by William Sanders.                                                                                     
                                                                                                                                
2:31 p.m.                                                                                                                       
                                                                                                                                
SENATOR WILKEN asked if the "No Child  Left Behind Act" is a major                                                              
event in K-12 education.                                                                                                        
                                                                                                                                
DR. SCLAFANI said it is; it is the  first time that our nation has                                                              
said it will  hold its schools responsible for  the performance of                                                              
all children.  That has never been  the case before. For the first                                                              
time,  Congress  has said  that  in  exchange for  federal  funds,                                                              
states are to establish an accountability  system for all schools.                                                              
It is also the first time that accountability  has been so clearly                                                              
laid out  in terms of establishing  levels of student  performance                                                              
that  are required  for each  state. The  focus is,  to a  greater                                                              
extent, on allowing  for local control and flexibility  in ways to                                                              
meet them. Once those standards are  set, the state is required to                                                              
do what it takes  to meet those standards. In  addition, this bill                                                              
contains more  funds in  recognition of the  high costs  of making                                                              
changes  in public  schools,  particularly  the  cost of  training                                                              
teachers. She noted  the states are on a continuum  from some that                                                              
had to enter  compliance agreements because they had  not begun to                                                              
comply  with the  1994 requirements  to states  that have  already                                                              
complied  with 90  percent of  the  requirements of  the new  act.                                                              
Only six to eight  states have the robust data  management systems                                                              
that  will enable  them  to use  the  data effectively.  The  U.S.                                                              
Department  of Education  is  trying to  bring  them together  and                                                              
elucidate what components states  need. Many states are willing to                                                              
share  their data  management systems.  She commented  that it  is                                                              
probably the  first time  that Congress  and the department  agree                                                              
that there can be no more time line  waivers because we are losing                                                              
a generation of children.                                                                                                       
                                                                                                                                
DR. SCLAFANI said Alaska is one of  the first states being visited                                                              
because DOEED  requested a visit.   In the past, she has  met with                                                              
chief  state school  officers, the  governors' education  liaison,                                                              
and  superintendents  of  the 100  largest  districts  across  the                                                              
country to make clear that there  will be no backing down and that                                                              
the U.S. Department of Education is here to help.                                                                               
                                                                                                                                
SENATOR  WILKEN asked  Dr. Sclafani  to  supply committee  members                                                              
with a list of states that are doing  the best job at implementing                                                              
the new law.                                                                                                                    
                                                                                                                                
DR. SCLAFANI agreed.                                                                                                            
                                                                                                                                
SENATOR WILKEN  asked if  the act contains  a time to  revisit the                                                              
legislation to review the effects upon the states.                                                                              
                                                                                                                                
DR. SCLAFANI said  a review will occur with  reauthorization every                                                              
five years.                                                                                                                     
                                                                                                                                
CHAIRWOMAN  GREEN stated  that she  is impressed  with the  direct                                                              
language in the act.                                                                                                            
                                                                                                                                
2:36 p.m.                                                                                                                       
                                                                                                                                
SENATOR LEMAN said,  from his perspective, parts of  the bill were                                                              
made "less good"  during the congressional process,  in particular                                                              
the sections that pertained to educational accountability.                                                                      
                                                                                                                                
DR. SCLAFANI commented  that one of the challenges  faced by every                                                              
state with the downturn of the economy  is funding.  This act does                                                              
contain significant  funding. Congress and the U.S.  Department of                                                              
Education have  been clear that the  new act supplements  and does                                                              
not  supplant funding  requirements.  States  must maintain  their                                                              
efforts  in education  and cannot  look  to the  federal funds  to                                                              
replace state funding.   She applauded the Alaska  legislature for                                                              
putting  significant  dollars  into Alaska's  reform  efforts  but                                                              
noted that continuing that effort is necessary.                                                                                 
                                                                                                                                
There  being no  other  questions,  CHAIRWOMAN GREEN  thanked  Dr.                                                              
Sclafani and then announced a brief recess.                                                                                     
                                                                                                                                
                  SB 283-REGULATION OF NURSING                                                                              
                                                                                                                                
CHAIRWOMAN GREEN asked Senator Wilken to present SB 283.                                                                        
                                                                                                                                
SENATOR  GARY  WILKEN,  sponsor  of SB  283,  read  the  following                                                              
sponsor statement.                                                                                                              
                                                                                                                                
     SB 283  is submitted at the  request of the  state board                                                                   
     of nursing.  It will reconcile  current nursing industry                                                                   
     standards with  Alaska state law and  maintain efficient                                                                   
     management of licensed nurses in our state.                                                                                
                                                                                                                                
     Specifically, it  does three things: 1) it  codifies the                                                                   
     authority of  licensed nurses to delegate  certain basic                                                                   
     tasks to  unlicensed assisted  personnel; 2) it  extends                                                                   
     the duration of a temporary  nursing license from 4 to 6                                                                   
     months;  and  3)  it  updates   the  statutory  language                                                                   
     authorizing the issuance of licenses by endorsement.                                                                       
                                                                                                                                
     These  statutory   adjustments  are  the  result   of  a                                                                   
     diligent  effort by the  state board  of nursing.   They                                                                   
     will  serve  to  tighten,  clarify   and  improve  their                                                                   
     ability to regulate and manage  the delivery of safe and                                                                   
     effective health care to the  citizens of Alaska.  There                                                                   
     is  no known  opposition  or  negative impact  of  these                                                                   
     adjustments.  Please support  the state board of nursing                                                                   
     by enacting this beneficial legislation.                                                                                   
                                                                                                                                
SENATOR  WILKEN  commented that  he  got  involved in  this  issue                                                              
through a friend  but he faced this  issue when he worked  on long                                                              
term care.   He  believes this  bill will  help to provide  better                                                              
service and  broaden the reach of  the nurses that  benefit Alaska                                                              
today.                                                                                                                          
                                                                                                                                
CHAIRWOMAN GREEN acknowledged that  she has one question that just                                                              
arose, that pertains to a decision  by the board of nursing or one                                                              
of its subcommittees  to not deliver over-the-counter  supplements                                                              
that are  prescribed by medical doctors.   She feels it  is ironic                                                              
to pass on  nursing duties to  other employees when nurses  do not                                                              
have to  adhere to  a physician's  decision.   She said  she would                                                              
like someone  to provide her with  the statute or  regulation that                                                              
provides that  written authority  before passing  the bill  out of                                                              
committee.                                                                                                                      
                                                                                                                                
SENATOR WILKEN named several people  who were available to testify                                                              
and who may be able to answer that question.                                                                                    
                                                                                                                                
MS. LYNN  HARTZ, member  of the Board  of Nursing, stated  support                                                              
for SB 283.   SB 283 is essentially a "clean up"  bill that brings                                                              
nursing  statutes up  to date  with current  nursing practice.  It                                                              
moves the licensing  by endorsement provision from  one section to                                                              
another, which  will correct  a loophole that  could allow  a non-                                                              
nurse to  apply for licensure.   SB 283 also increases  the length                                                              
of time for  a temporary nursing  license from four to  six months                                                              
to allow  extra time to get  the results of a  criminal background                                                              
check. It  also gives  licensed nurses  the authority to  delegate                                                              
nursing duties  to other  personnel and the  Board of  Nursing the                                                              
authority   to  write   regulations   outlining  safe   delegation                                                              
practices. Last  year, the Board  of Nursing was told  that nurses                                                              
do  not  have  statutory  authority  to  delegate  to  unlicensed,                                                              
assistive  personnel (UAP),  therefore the  board could not  write                                                              
regulations about  delegation. The  board had always  assumed that                                                              
nurses had the authority to delegate  to unlicensed assistants and                                                              
even published  a position  statement on the  subject in  1993. An                                                              
example of a duty  that a nurse might delegate to   a nurse's aide                                                              
is to run a  urine test on a patient. Nurses'  aides have no legal                                                              
scope of  practice since  they have  no license  to practice.  The                                                              
legal  source of  the authority  to do  the task  is the  licensed                                                              
nurse. Without  this legislation, UAPs  would have no  legal basis                                                              
to continue to perform nursing tasks for patients at hospitals.                                                                 
                                                                                                                                
2:55 p.m.                                                                                                                       
                                                                                                                                
CHAIRWOMAN GREEN  stated that about  three years ago,  nurses were                                                              
being required  to pass on  certain authorities to  assistants and                                                              
some nurses  chose not  to.   She asked  if SB  283 could  force a                                                              
nurse to assign  a duty to an  assistant that he or she  would not                                                              
otherwise choose to do.                                                                                                         
                                                                                                                                
MS. HARTZ said  it will not and,  in fact, SB 283  will strengthen                                                              
the nurses' ability to make those  judgments and not force them to                                                              
delegate an unsafe task.                                                                                                        
                                                                                                                                
CHAIRWOMAN GREEN asked  what provision in SB 283  will give nurses                                                              
that protection.                                                                                                                
                                                                                                                                
MS. HARTZ  said  that to delegate  a task  that a  nurse felt  was                                                              
unsafe would be considered unprofessional conduct by statute.                                                                   
                                                                                                                                
CHAIRWOMAN GREEN  said she just wanted  to be sure that  this bill                                                              
cannot  be construed  to mean  that  an employer  could require  a                                                              
nurse to delegate a task unwillingly.                                                                                           
                                                                                                                                
MS. HARTZ  said  she does not  believe  it could.   The bill  also                                                              
gives the  Board of  Nursing the  authority to write  regulations,                                                              
which they want to do to prevent that from happening.                                                                           
                                                                                                                                
CHAIRWOMAN GREEN  asked if it is  an assumption that the  Board of                                                              
Nursing will be  writing the regulations as she saw  no mention of                                                              
it in the bill.                                                                                                                 
                                                                                                                                
MS.  HARTZ referred  Chairwoman  Green  to Section  5  of SB  283,                                                              
specifically  the  phrase,  "under   regulations  adopted  by  the                                                              
board."                                                                                                                         
                                                                                                                                
MS.  PAT  SENNER,  President of  the  Alaska  Nurses  Association,                                                              
stated full  support for SB 283.  She noted in the past  10 years,                                                              
there has been an  explosion of the types of UAPs  that nurses are                                                              
being  asked  to  delegate  tasks to.  Because  these  people  are                                                              
unlicensed,  no  quality  assurance  exists  to  ensure  that  the                                                              
education UAPs  received is adequate  for the task they  are being                                                              
asked  to  do.  Employers  often  ask nurses  to  be  the  quality                                                              
assurance  component and  to make  sure that the  people they  are                                                              
asked to supervise  perform their tasks in an  adequate manner and                                                              
have been  trained properly.   She  pointed out  that often  tasks                                                              
would be assigned  to UAPs on a case-by-case basis,  only when the                                                              
supervising  nurse is  sure the UAP  is able  to provide  adequate                                                              
care.                                                                                                                           
                                                                                                                                
CHAIRWOMAN  GREEN asked  if a  nurse might  not dispense  medicine                                                              
prescribed by a doctor, including non-prescription drugs.                                                                       
                                                                                                                                
MS. SENNER said the nurse always  has the responsibility to review                                                              
medication  orders  given  by  a  physician  for  safety  reasons.                                                              
Therefore, even  when a doctor  prescribes medication,  nurses are                                                              
responsible for  making sure it is  safe to give to  that patient.                                                              
Court  cases have  occurred around  the  nation in  which a  nurse                                                              
administered  an improper  medication prescribed  by a doctor  and                                                              
nurses have been charged with murder.   In one case, six different                                                              
errors were  made but the nurse  was held accountable for  the one                                                              
improper  medication error.   She  said  the issue  is not  really                                                              
over-the-counter  medicines, it is  with medications that  are not                                                              
FDA approved,  usually herbal medicines.  She recently  attended a                                                              
urology  conference where  this topic  and  the following  example                                                              
were discussed.  An herbal medicine containing estrogen  was given                                                              
to advanced cancer patients yet estrogen  can lead to blood clots.                                                              
The problem  with this and similar  scenarios is that  the nursing                                                              
profession  is dealing  with unregulated  herbal medications  that                                                              
often contain  more ingredients  than those  listed on  the label,                                                              
some of which could be harmful to the patient.                                                                                  
                                                                                                                                
MS. NANCY SANDERS,  a member of the Board of  Nursing, agreed with                                                              
Ms. Hartz's synopsis of the bill.                                                                                               
                                                                                                                                
CHAIRWOMAN  GREEN  asked  where  the  authority  to  not  dispense                                                              
something  prescribed   by  a  physician  exists   in  statute  or                                                              
regulation.                                                                                                                     
                                                                                                                                
MS. SANDERS cited  12 AAC 44.770, which relates  to unprofessional                                                              
conduct and  added that some  of the preparations  being discussed                                                              
are not  covered in  nursing education  programs because  they are                                                              
not drugs.                                                                                                                      
                                                                                                                                
MS. MARY  WEYMILLER, a licensed  practical nurse, said  that while                                                              
SB 283 is a cleanup bill, it is an  important one for the Board of                                                              
Nursing to develop  regulations for state nursing  practices.  She                                                              
urged members to support the measure.                                                                                           
                                                                                                                                
MS. CATHERINE  REARDON, Director  of the Division  of Occupational                                                              
Licensing,  Department  of  Community  and  Economic  Development,                                                              
stated support for SB 283.                                                                                                      
                                                                                                                                
SENATOR WARD  asked for  more information about  the 4 to  6 month                                                              
extension.                                                                                                                      
                                                                                                                                
MS.  REARDON said  the  Board  has adopted  regulations  requiring                                                              
criminal background checks for initial  licensure for a nurse or a                                                              
nurse  aide.   The  background  check   includes  state   and  FBI                                                              
fingerprint   checks.  The  turnaround   time,  particularly   for                                                              
fingerprint checks, is sometimes  unpredictable so the Board wants                                                              
to make sure  that temporary licenses do not expire  while waiting                                                              
for  results  to   come  back.  In  about  7   percent  of  cases,                                                              
fingerprints are not readable and must be redone.                                                                               
                                                                                                                                
SENATOR WARD  said he thought  the could  be done faster  with new                                                              
technology.                                                                                                                     
                                                                                                                                
MS. REARDON  said it  is an  anticipated problem  for nurses.  The                                                              
division  does fingerprint  checks for collection  agents  and has                                                              
had experiences  where people have  had to send in  fingerprints a                                                              
third time.  She noted  that usually  the FBI  turnaround time  is                                                              
very quick but  she suspects when they have other  priorities, the                                                              
process may be slower.  Sometimes  it takes several months for the                                                              
FBI to  send a response  saying the fingerprints  were unreadable.                                                              
The board's  intention is  to avoid a  situation in which  a nurse                                                              
can  no longer  go to  work through  no  fault of  the nurse.  She                                                              
hypothesized that the  technology may be better but  the volume of                                                              
requests for fingerprint checks has grown.                                                                                      
                                                                                                                                
There being no further questions  or testimony, SENATOR WARD moved                                                              
SB  283 from  committee with  individual  recommendations and  its                                                              
zero fiscal note.  There being no objection, the motion carried.                                                                
                                                                                                                                
The committee took up SB 325.                                                                                                   
                                                                                                                                
          SB 325-CIVIL LIABILITY FOR DEFIBRILLATOR USE                                                                      
                                                                                                                                
MS. WILDA RODMAN, staff to Senator Therriault, sponsor of SB 325,                                                               
read the following sponsor statement.                                                                                           
                                                                                                                                
     SB  325 is  intended  to save  lives  by increasing  the                                                                   
     availability   of  automated  external   defibrillators,                                                                   
     devices designed  to restore  a normal heartbeat  when a                                                                   
     person's heart suddenly stops.                                                                                             
                                                                                                                                
     Each year,  250,000 people  die in  the U.S. because  of                                                                   
     sudden  cardiac arrest.   The  most important  treatment                                                                   
     for more than half of these  patients is defibrillation,                                                                   
     an electrical  shock intended  to restore a  more normal                                                                   
     cardiac  rhythm.  For  each minute  a person remains  in                                                                   
     cardiac  arrest, their chances  of survival decrease  by                                                                   
     about 7  to 10 percent.   The increased availability  of                                                                   
     automated  external defibrillators,  or  AEDs, can  help                                                                   
     save lives by  allowing shocks to be delivered  prior to                                                                   
     the arrival  of the ambulance  crew.  AEDs  have evolved                                                                   
     significantly over  the past few years, and  the current                                                                   
     generation is safer, easier  to use and more maintenance                                                                   
     free than ever.                                                                                                            
                                                                                                                                
     Businesses and  municipalities are interested  in making                                                                   
     AEDs more  accessible in the  workplace and  where large                                                                   
     groups gather  so that trained staff and  laypersons can                                                                   
     access  the  device. Currently,  AS  09.65.090  provides                                                                   
     immunities from  civil liability to individuals  who use                                                                   
     the  device,  but  not  to those  who  make  the  device                                                                   
     accessible for use.  This has  limited the accessibility                                                                   
     of  AEDs   because  of   the  perception  of   excessive                                                                   
     liability  due  largely  to an  unfamiliarity  with  the                                                                   
     current ease  and safety of  the latest technology.   It                                                                   
     is literally  impossible to shock a person  who does not                                                                   
     require shocking with the current device.                                                                                  
                                                                                                                                
     SB 325  extends immunity from  civil liability  to those                                                                   
     who provide AEDs with important  prerequisites to ensure                                                                   
     their  safe  and  effective  use.  It  also  amends  the                                                                   
     section of  statute providing immunity to those  who use                                                                   
     AEDs in recognition  of how much easier it  is to safely                                                                   
     use the newest generation.                                                                                                 
                                                                                                                                
MS. RODMAN offered to answer questions.                                                                                         
                                                                                                                                
CHAIRWOMAN GREEN said the committee has heard similar legislation                                                               
that pertained to emergency medical technicians.  She then took                                                                 
public testimony.                                                                                                               
                                                                                                                                
MS.  KATHY  MCLAREN,  the  emergency   medical  services  training                                                              
coordinator for  DHSS, stated support  for SB 325 for many  of the                                                              
reasons presented already. She then  gave the following testimony.                                                              
                                                                                                                                
     67 percent of sudden cardiac  deaths in Alaska occur out                                                                   
     of  hospital  or patients  are  pronounced  dead at  the                                                                   
     emergency room. Increased availability  of the automated                                                                   
     external  defibrillator is the  only treatment  for many                                                                   
     of those  patients. The  American Heart Association  has                                                                   
     described  the  "chain  of survival"  as  early  access,                                                                   
     early  CPR,  early  defibrillation  and  early  advanced                                                                   
     care.    Each   link  in  this  chain  is   critical  to                                                                   
     increasing survival from sudden  cardiac events.  Alaska                                                                   
     has  moved from  manual  defibrillation  in hospital  by                                                                   
     advanced  life support personnel  to automated  external                                                                   
     defibrillation at  the basic EMT level.   Alaska was one                                                                   
     of the first  states to permit AED use at  a level below                                                                   
     that of an EMT.                                                                                                            
                                                                                                                                
     Currently, lay people are trained  in basic CPR and they                                                                   
     can  be  trained  to  apply and  operate  the  AED.  The                                                                   
     machine  is applied  -  a microprocessor  evaluates  the                                                                   
     rhythm,  determines  whether a  shock  is required.  The                                                                   
     operator can  then administer  the shock.  This  machine                                                                   
     is  only applied  to and used  on patients  who are  not                                                                   
     breathing and  who do not  show signs of circulation.  A                                                                   
     patient without a pulse or who  is not breathing is dead                                                                   
     or  dying.   Access  to AEDs  may  provide  a chance  of                                                                   
     increased survival.   SB 325, by reducing  the liability                                                                   
     for  the people  who  purchase  and make  these  devices                                                                   
     available,  will  likely  increase the  number  of  AEDs                                                                   
     available   in  this   state.  For   that  reason,   the                                                                   
     Department  of Health  and Social  Services supports  SB                                                                   
     325.                                                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN  asked  Ms.  McLaren   if  she  had  a  proposed                                                              
amendment.                                                                                                                      
                                                                                                                                
MS. MCLAREN said she did.                                                                                                       
                                                                                                                                
MS. RODMAN  said she saw the  proposed amendment right  before the                                                              
meeting and explained  that when the bill was  originally drafted,                                                              
it applied to a "person or entity."  The legal advisor recommended                                                              
dropping  the word  "entity" because  the definition  of a  person                                                              
includes an  entity. She  said the intent  of the amendment  is to                                                              
include  state  agencies  and  municipalities   and  that  Senator                                                              
Therriault is not opposed to the amendment.                                                                                     
                                                                                                                                
CHAIRWOMAN GREEN asked  if the DHSS legal advisor  recommended the                                                              
amendment.                                                                                                                      
                                                                                                                                
MS. MCLAREN said her understanding  is that some of the people who                                                              
initially  proposed  the  amendment are  from  municipalities  and                                                              
state  agencies.   They  were  concerned   that  language   in  AS                                                              
01.10.060, which  defines "person," was not sufficiently  clear to                                                              
provide protections for municipalities and state agencies.                                                                      
                                                                                                                                
MS. RODMAN read the applicable part  of the statute referred to by                                                              
Ms. McLaren as follows:                                                                                                         
                                                                                                                                
     In the laws  of the state, unless the  context otherwise                                                                   
     requires,  a  person includes  a  corporation,  company,                                                                   
     partnership,  firm, association, organization,  business                                                                   
     trust, or society, as well as a natural person.                                                                            
                                                                                                                                
SENATOR  WARD said  he believes  the  legislators' legal  advisors                                                              
were correct.                                                                                                                   
                                                                                                                                
CHAIRWOMAN  GREEN  said  the  definition   does  not  specifically                                                              
mention a municipality and asked if it mentions a state agency.                                                                 
                                                                                                                                
MS. RODMAN  said  it does not.   She  pointed out  that the  legal                                                              
drafter advised  her that  a person  encompasses entity,  and thus                                                              
encompasses municipality or state agency.                                                                                       
                                                                                                                                
CHAIRWOMAN GREEN  suggested addressing  the proposed  amendment in                                                              
the Senate Judiciary Committee.                                                                                                 
                                                                                                                                
MR.  TIM  BEGAINE,  Director  of   Emergency  Operations  for  the                                                              
Fairbanks North Star Borough, stated  full support of SB 325.  The                                                              
borough  encountered  businesses   and  municipalities  late  last                                                              
summer  that   were  interested   in  making  automatic   external                                                              
defibrillators  more accessible  in  the workplace  and in  places                                                              
where recreational  activities take place.  The  borough looked at                                                              
applicable  federal and  state laws,  and found  that the  borough                                                              
would  assume liability  for providing  public access  to an  AED.                                                              
Existing   Alaska   statute   provides   immunities   from   civil                                                              
liabilities  to those who  use the  device, but  not to  those who                                                              
install the device.  SB 325 will  correct that deficiency and will                                                              
assist in the promotion of this life saving device in Alaska.                                                                   
                                                                                                                                
MS.  PAM BEALE,  Emergency  Cardiovascular  Care  Manager for  the                                                              
American Heart Association, expressed  the following concerns with                                                              
SB 325.   A provision  requiring that  EMS workers be  notified of                                                              
the number  and locations  of AEDs  was removed  but she  believes                                                              
notification  would  be  a  great service  to  the  community.  In                                                              
addition, she would like to add municipalities  and state agencies                                                              
to the definition for the purpose of clarification.                                                                             
                                                                                                                                
MR.  F.X. NOLAN,  Chief of  EMS Training  for  the Anchorage  Fire                                                              
Department and  the Municipality  of Anchorage AED,  Public Access                                                              
Defibrillation  Coordinator   and  the  Anchorage   Chair  of  the                                                              
Northwest  Region of  the American  Heart Association's  Operation                                                              
Heartbeat Initiative, informed members  that Alaska's share of the                                                              
250,000 people who  succumb to sudden cardiac death  every year is                                                              
slightly  under  400.   Some  of  those  people   die  in  medical                                                              
facilities,  but  in Anchorage  every  year,  between 90  and  100                                                              
sudden cardiac deaths  occur outside of a hospital.  Last year, of                                                              
the  90+ people,  43 were  defibrillated  with AEDs  prior to  the                                                              
arrival  of paramedics  -  by  firefighters, police  officers,  or                                                              
others.  Out of  those 43, 12 went to a hospital  with a pulse. He                                                              
very much supports SB 325. He sees  a proliferation of AEDs in the                                                              
future; SB 325  will remove the perception of  liability when used                                                              
by a member of the public. He agrees  with the amendments proposed                                                              
by the previous  speaker as he believes it is  desirable for local                                                              
EMS agencies to know where AEDs are located.                                                                                    
                                                                                                                                
There  being no  further testimony  or  questions, SENATOR  WILKEN                                                              
moved  SB   325  with   its  zero   fiscal  note  and   individual                                                              
recommendations.  There being no objection, the motion carried.                                                                 
                                                                                                                                
There  being no  further business  to come  before the  committee,                                                              
CHAIRWOMAN GREEN adjourned the meeting at 3:25 p.m.                                                                             

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