04/12/2006 02:45 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB313 | |
| SB48 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 313 | TELECONFERENCED | |
| += | SB 48 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
April 12, 2006
2:41 p.m.
MEMBERS PRESENT3
Senator Fred Dyson, Chair
Senator Gary Wilken, Vice Chair
Senator Lyda Green
Senator Donny Olson
MEMBERS ABSENT
Senator Kim Elton
COMMITTEE CALENDAR
SENATE BILL NO. 313
"An Act relating to scheduling Salvia divinorum as a controlled
substance."
MOVED SB 313 OUT OF COMMITTEE
SENATE BILL NO. 48
"An Act relating to recommending or refusing psychotropic drugs
or certain types of evaluations or treatments for children."
MOVED CSSB 48(HES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 313
SHORT TITLE: SALVIA DIVINORUM AS CONTROLLED SUBSTANCE
SPONSOR(s): STATE AFFAIRS
04/05/06 (S) READ THE FIRST TIME - REFERRALS
04/05/06 (S) HES, JUD
04/12/06 (S) HES AT 2:45 PM BUTROVICH 205
BILL: SB 48
SHORT TITLE: PSYCH. EVALUATION/TREATMENT FOR STUDENTS
SPONSOR(s): SENATOR(s) DAVIS
01/12/05 (S) READ THE FIRST TIME - REFERRALS
01/12/05 (S) HES, JUD
04/05/06 (S) HES AT 1:30 PM BUTROVICH 205
04/05/06 (S) -- Meeting Canceled --
04/12/06 (S) HES AT 2:45 PM BUTROVICH 205
WITNESS REGISTER
Dave Stancliff
Staff to Senator Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 313.
Jack Degenstein
8180 Kronos Drive
Anchorage, AK 99502
POSITION STATEMENT: Testified in opposition to SB 313.
Senator Betty Davis
State Capitol Building
Juneau AK
POSITION STATEMENT: Sponsor of SB 48.
Richard Benavides
Staff to Senator Davis
State Capitol Bldg.
Juneau AK
POSITION STATEMENT: Commented on SB 48 for sponsor.
ACTION NARRATIVE
CHAIR FRED DYSON called the Senate Health, Education and Social
Services Standing Committee meeting to order at 2:41:54 PM.
Present were Senators Donny Olson, Lyda Green, Gary Wilken, and
Chair Dyson.
SB 313-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE
CHAIR DYSON announced SB 313 to be up for consideration.
DAVE STANCLIFF, staff to Senator Therriault, sponsor, said that
salvia divinorum (salvia) is the most potent natural
hallucinogenic substance known to exist on the planet. He said
that although the Mazatec Indians who originally used the drug
were able to keep it a secret until very recently, there are
currently over 10,000 web sites about the drug today. While the
drug is legal in all but two states, seven countries have placed
strict controls on it or banned it outright.
He said that only 200 micrograms of salvia can induce a
hallucinogenic state and 500 micrograms can induce a serious
loss of mental and physical capacity. He added that some
experienced users of salvia have testified to having horrible
experiences with the drug and have discouraged others from using
the drug to achieve their first hallucinogenic experience.
2:52:58 PM
CHAIR DYSON asked whether the Department of Health and Social
Services (DHSS) has commented on the bill.
MR. STANCLIFF replied that DHSS has not yet commented on this
bill.
2:55:02 PM
CHAIR DYSON said he would have to consult DHSS before acting on
the bill.
2:56:50 PM
SENATOR ELTON referenced a recent news article from the Delaware
News Journal claiming that research on salvia's effects on the
brain might help scientists to better understand Alzheimer's
disease and other forms of organic mental illness. He asked
whether criminalizing Salvia would interfere with that research.
MR. STANCLIFF replied that it would not.
SENATOR OLSON asked what the active ingredient in salvia is.
MR. STANCLIFF replied that it contains two active ingredients,
salvinorum A and salvinorum B. He added that the concentration
of the active ingredients could be increased by a factor of 20
to 40 by soaking the leaves in an alcohol bath.
2:58:08 PM
SENATOR OLSON asked whether metabolites or other chemical
compounds would be affected by this legislation.
MR. STANCLIFF replied no. This drug does not seem to affect the
metabolism the same way as mescaline and LSD. It interferes with
different receptors that affect in the way the brain operates.
SENATOR OLSON asked whether this legislation would increase the
burden on the medical community by affecting similar legitimate
drugs.
2:59:33 PM
JACK DEGENSTEIN, Anchorage resident read a statement saying that
making savlia divinorum an illegal substance is not warranted.
It is not a threat to Alaskan society. However, this bill, if
passed into law, would be a threat to the freedoms of American
citizens.
He related how un-factual media articles and rumors have lead
uninformed people to believe that salvia divinorum is a
dangerous plant and might cause someone to commit suicide or
become depressed. A report by a Dr. Hains indicated that a 26-
year-old woman found relief from depression only by taking self-
medicated does of salvia divinorum.
He said further that Senator Therriault is quoted as saying that
salvia divinorum is believed to cause schizophrenia, but that is
absurd because its cause is not known and is linked to a genetic
brain deformity that develops from birth. It is possible that
the intensity of the experience of salvia divinorum could
trigger it, but no more than any intense emotional or stressful
experience.
3:04:11 PM
MR. DEGENSTEIN said that no long-term affects are known to be
caused by salvia divinorum. Its toxicity level is very low or
possibly even non-existent and the body easily metabolizes it.
A survey of 500 random participants who use the plant found that
the average age of the users was 23.4 years old and the average
use within a 30-day period was 1.5 times. This information
demonstrates that there is a much wider user base than just
youth and that it is not a substance that is used over and over
for recreation such as other things like alcohol and marijuana.
It also doesn't taste good.
3:07:43PM
MR. DEGENSTEIN remarked that while the bill may reduce the use
of salvia within the youth community, it would infringe upon the
liberty of older, more responsible users. There are other, less
intrusive ways of reducing recreational use of the drug such as
banning the sale it or the sale of its extract.
CHAIR DYSON asked him to describe non-recreational uses of the
drug.
MR. DEGENSTEIN replied that some use it for spiritual purposes.
CHAIR DYSON asked him if he has information from medical
professionals to support the claim that this drug is not
dangerous to the general population.
MR. DEGENSTEIN replied that he included three references in his
written statement and added that much of the aforementioned
information is available on the web at Pubmed's central website
and at Sage Wisdome.org.
SENATOR WILKEN asked him if he had read page 3 of the Wikipedia
article in the background information that accompanied the bill.
MR. DEGENSTEIN replied that he had read it.
SENATOR WILKEN asked whether anything would prevent someone
under its influence from attempting to drive a car.
MR. DEGENSTEIN replied that while there is nothing that would
prevent someone from attempting to operate a car, the drug is
unlike alcohol in that it does not remove inhibitions. People
under the influence of salvia divinorum know that they are
unable to safely operate a vehicle.
SENATOR WILKEN said according to the entry, low doses of the
drug could cause spontaneous laughter, closed eye visuals, and a
heightened sense of color and texture. Moderate doses cause a
sense of time distortion, open eye visuals, sensations of
falling, fully formed visions of other places, people and
events, and confusion. High doses can cause out of body
experiences, gravitational distortion, vertigo, and audio
hallucinations. So, he was particularly concerned when he read
that a person will not realize that they have used the drug and
asked whether it is unreasonable to place restrictions on a drug
with such affects.
MR. DEGENSTEIN responded:
It is true that at higher doses the user does forget
that they have taken the drug, but also forget that
they are a person and wouldn't be able to comprehend
things such as driving a car. That is part of the
primary effect, the amnesia. They wear off in five to
seven minutes and then you know what is going on, so
the amnesia is very short-term.
3:14:04 PM
SENATOR WILKEN said that he finds the drug to be rather scary.
CHAIR DYSON said that he would like to hear the opinion of DHSS
on this legislation.
MR. STANCLIFF replied that he would consult with DHSS.
SENATOR WILKEN moved to report SB 313 out of committee with
individual recommendations and attached fiscal notes.
SENATOR ELTON objected to relate a comment. He said he
understood Chair Dyson to say that the sponsor would report the
response of DHSS to the committee.
CHAIR DYSON replied that is correct and added that if DHSS does
not concur with the action of the sponsor, he would ask that the
bill be brought back to the committee.
SENATOR ELTON removed his objection.
There were no further objections and SB 313 was reported from
committee.
SB 48-PSYCH. EVALUATION/TREATMENT FOR STUDENTS
CHAIR DYSON announced SB 48 to be up for consideration. He
moved to adopt the version L as the committee's working
document. There were no objections and it was so ordered.
SENATOR BETTY DAVIS, sponsor of SB 48, deferred the introduction
of the bill to her aide Richard Benavides.
3:18:00 PM
RICHARD BENAVIDES, staff to Senator Davis, said that SB 48 would
ensure that a public school could not deny any student access to
programs or services simply because the parent of that student
has refused to place him on any kind of psychotropic medication
or get a psychiatric evaluation or seek a psychiatric or
psychological treatment for that student.
He said SB 48 also specifies who is qualified to perform
evaluations on students and it outlines protections parents have
against being reported to the Office of Child Services (OCS) for
refusal to put their children on psychotropic medication.
MR. BENAVIDES said the sponsor recognizes that often times
psychotropic medication is recommended and prescribed for
children with any kind of mental, behavioral, or emotional
symptoms when its potential benefits outweigh it potential
risks. The US Department of Education (USDOE) has made it clear
that while it recognizes that medical professionals are
responsible for prescribing medication, educators also play a
role in making any type of diagnosis by providing information
about a student's behavior.
MR. BENAVIDES said that in 2004 reauthorization of the IDAEA law
requires each state to prohibit any school district personal
from requiring a child to obtain a prescription for a substance
covered by the controlled substances act as a condition of
attending school, receiving services, or receiving an evaluation
for a disability.
He said that the bill incorporates the language from that law to
clarify that school personnel may share any kind of classroom
observations with parents or guardians regarding the student's
academic performance and behavior, but they may not compel any
specific action by the parent or require the student to take
medication.
MR. BENAVIDES said that the sponsor feels that any medical
decisions regarding student's needs should be a matter between
the student, the student's parents, and a competent health care
professional chosen by the parent. He added that nothing in the
bill precludes any school personal from using any other means of
dealing with behavioral problems.
3:20:00 PM
CHAIR DYSON remarked that there were some aspects of the L
version that caused him concern. He asked him Mr. Benavides to
describe some of the changes that were made since the last
version.
MR. BENAVIDES replied that the sponsor added the phrase "unless
authorized by law" after the phrase "school personnel may not"
on page 1, line 7. He added that this allows persons certified
by school districts to conduct psychological evaluations.
He said that the provision on the second page that prohibited
school personal from recommending a psychiatric evaluation was
dropped. He added that the phrase "except when refusal of
consent causes a child to suffer mental injury or neglect" was
added to line 4, page 2.
3:24:21 PM
CHAIR DYSON asked whether the purpose of this bill is to address
the common complaint that children are often inappropriately
medicated in response to their behavioral problems.
SENATOR DAVIS replied yes and added that it also defines what
teachers can and cannot do while addressing behavioral problems.
She said that she has heard several parents complain that they
felt they had to put their children on psychotropic drugs in
order to keep their children in school
3:27:21 PM
CHAIR DYSON remarked that due to tight scheduling, the committee
could not hear public testimony on the bill during the current
meeting. He added that the committee members would review the
written testimony of anyone who wised to testify on the bill.
SENATOR ELTON moved to report CSSB 48(HES) version out of
committee with individual recommendations and indeterminate
fiscal note. There were no objections and it was so ordered.
CHAIR DYSON adjourned the meeting at 3:30:25 PM.
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