Legislature(2015 - 2016)BUTROVICH 205

03/30/2016 01:30 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 113 NEW DRUGS FOR THE TERMINALLY ILL TELECONFERENCED
Moved CSSB 113(HSS) Out of Committee
+= SB 156 INSURANCE COVERAGE FOR CONTRACEPTIVES TELECONFERENCED
Moved CSSB 156(HSS) Out of Committee
*+ SB 179 BAN LATE TERM ABORTION; CHILD SURRENDER TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                    
                         March 30, 2016                                                                                         
                           1:32 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bert Stedman, Chair                                                                                                     
Senator Bill Stoltze                                                                                                            
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                              
Senator Pete Kelly                                                                                                              
Senator Cathy Giessel, Vice Chair                                                                                               
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 113                                                                                                             
"An Act  relating to  prescribing, dispensing,  and administering                                                               
an  investigational  drug,  biological   product,  or  device  by                                                               
physicians  for patients  who are  terminally ill;  and providing                                                               
immunity  for persons  manufacturing, distributing,  or providing                                                               
investigational drugs, biological products, or devices."                                                                        
                                                                                                                                
     - MOVED CSSB 113(HSS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 156                                                                                                             
"An  Act relating  to insurance  coverage for  contraceptives and                                                               
related  services; relating  to medical  assistance coverage  for                                                               
contraceptives  and  related  services;   and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSSB 156(HSS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 179                                                                                                             
"An Act  prohibiting abortions  when the  unborn child  is viable                                                               
outside  the  pregnant  woman's  womb  with  certain  exceptions;                                                               
providing that  an infant  removed from  a pregnant  woman's womb                                                               
alive after  an abortion  may be  surrendered and  found to  be a                                                               
child  in  need  of  aid; and  repealing  a  prohibition  against                                                               
partial-birth abortions."                                                                                                       
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 113                                                                                                                  
SHORT TITLE: NEW DRUGS FOR THE TERMINALLY ILL                                                                                   
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
04/17/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/17/15       (S)       HSS, JUD                                                                                               
02/24/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/24/16       (S)       Heard & Held                                                                                           
02/24/16       (S)       MINUTE(HSS)                                                                                            
03/30/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 156                                                                                                                  
SHORT TITLE: INSURANCE COVERAGE FOR CONTRACEPTIVES                                                                              
SPONSOR(s): SENATOR(s) GARDNER                                                                                                  
                                                                                                                                
01/22/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/16       (S)       HSS, L&C                                                                                               
02/24/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/24/16       (S)       Heard & Held                                                                                           
02/24/16       (S)       MINUTE(HSS)                                                                                            
03/30/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 179                                                                                                                  
SHORT TITLE: BAN LATE TERM ABORTION; CHILD SURRENDER                                                                            
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/12/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/16       (S)       HSS, JUD                                                                                               
03/30/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR BILL WIELECHOWSKI                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: As sponsor, introduced SB 113.                                                                            
                                                                                                                                
SENATOR BERTA GARDNER                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 156.                                                                                        
                                                                                                                                
KATIE BRUGGEMAN, Staff                                                                                                          
Senator Berta Gardner                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented changes  made in  version N  of SB                                                             
156.                                                                                                                            
                                                                                                                                
SENATOR JOHN COGHILL                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: As sponsor, introduced SB 179.                                                                            
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented information on  SB 179 on behalf of                                                             
the sponsor.                                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:55 PM                                                                                                                  
CHAIR BERT STEDMAN  called the Senate Health  and Social Services                                                             
Standing Committee meeting  to order at 1:32 p.m.  Present at the                                                               
call to order were Senators  Ellis, Stoltz, and Chair Stedman. He                                                               
noted three  bills before the committee,  SB 113, SB 156,  and SB                                                               
179.                                                                                                                            
                                                                                                                                
            SB 113-NEW DRUGS FOR THE TERMINALLY ILL                                                                         
                                                                                                                                
1:33:42 PM                                                                                                                    
CHAIR STEDMAN announced the consideration of SB 113.                                                                            
                                                                                                                                
1:34:33 PM                                                                                                                    
SENATOR BILL WIELECHOWSKI, Alaska  State Legislature, as sponsor,                                                               
introduced SB 113.  He termed SB 113 the "Right  to Try" bill. It                                                               
would create  a legal  climate in  which terminally  ill patients                                                               
who have  exhausted all FDA-approved  treatment options  may work                                                               
with   their   doctors   and   drug   manufacturers   to   access                                                               
investigational treatments  that have passed  Phase I of  the FDA                                                               
approval  process but  are not  yet widely  available. A  similar                                                               
bill has  been passed in 25  states. It is estimated  that over a                                                               
million  Americans die  from  terminal  illness. Currently,  only                                                               
about  3  percent are  accepted  into  clinical trials  and  have                                                               
access to these drugs.                                                                                                          
                                                                                                                                
SENATOR  STOLTZE  thanked  the  sponsor  for  answering  all  his                                                               
questions.                                                                                                                      
                                                                                                                                
1:36:07 PM                                                                                                                    
SENATOR  ELLIS  moved  to report  SB  113,  labeled  29-LS0783\H,                                                               
from committee with individual  recommendations and attached zero                                                               
fiscal note. There being no objection, the motion carried.                                                                      
                                                                                                                                
          SB 156-INSURANCE COVERAGE FOR CONTRACEPTIVES                                                                      
                                                                                                                                
1:36:26 PM                                                                                                                    
CHAIR STEDMAN announced the consideration of SB 156.                                                                            
                                                                                                                                
1:36:56 PM                                                                                                                    
SENATOR ELLIS moved to adopt CSSB 156, labeled 29-LS1144\N.                                                                     
                                                                                                                                
CHAIR STEDMAN objected for discussion.                                                                                          
                                                                                                                                
1:37:13 PM                                                                                                                    
SENATOR BERTA  GARDNER, Alaska State  Legislature, sponsor  of SB                                                               
156.                                                                                                                            
                                                                                                                                
KATIE  BRUGGEMAN,  Staff,  Senator Berta  Gardner,  Alaska  State                                                               
Legislature,  presented changes  made  in version  N  of SB  156,                                                               
noting there  were several  errors in  the previous  version. The                                                               
wording "over  the counter contraception" was  removed throughout                                                               
the bill,  which resulted  in the  removal of  a fiscal  note for                                                               
$1.3  million  from  Department of  Health  and  Social  Services                                                               
(DHSS).                                                                                                                         
                                                                                                                                
1:38:19 PM                                                                                                                    
CHAIR STEDMAN removed his objection.                                                                                            
                                                                                                                                
1:38:33 PM                                                                                                                    
MS. BRUGGEMAN  explained that  the bill  is an  insurance mandate                                                               
that  would offer  the option  of  providing 12  months of  self-                                                               
administered  hormonal  contraception.  It  would  allow  Alaskan                                                               
women   the   opportunity  to   receive   a   larger  supply   of                                                               
contraceptives  should  their life-style  require  it.  It is  an                                                               
option for women.                                                                                                               
                                                                                                                                
She pointed  out that there  is currently a negative  fiscal note                                                               
from DHSS of  $1.2 million in FY  17. It is a  federal savings of                                                               
$1 million and  $230,000 in GF savings via  the Medicaid program.                                                               
She  explained that  there are  many reasons  women use  hormonal                                                               
contraceptives,  not just  to  prevent  pregnancy. She  concluded                                                               
that the bill  is great policy for Alaska because  it helps women                                                               
achieve  their  education  and  career  goals  through  strategic                                                               
family planning and is a  positive economic step for families. It                                                               
fosters a woman's right to privacy and aids in convenience.                                                                     
                                                                                                                                
1:41:04 PM                                                                                                                    
SENATOR  GARDNER  noted this  is  not  a new  insurance  coverage                                                               
benefit.  It provides  that after  a three-month  period for  the                                                               
first dispensing, if a doctor  deems it satisfactory to continue,                                                               
a women can request a  12-month supply of contraceptives, if they                                                               
choose. They  would have to  pay insurance co-pays, but  may save                                                               
money by buying in bulk.                                                                                                        
                                                                                                                                
1:41:49 PM                                                                                                                    
SENATOR  ELLIS  moved  to  report   CSSB  156(HSS),  labeled  29-                                                               
LS1144\N,  from  committee  with individual  recommendations  and                                                               
attached  fiscal  note.  There  being no  objection,  the  motion                                                               
carried.                                                                                                                        
                                                                                                                                
         SB 179-BAN LATE TERM ABORTION; CHILD SURRENDER                                                                     
                                                                                                                                
1:42:32 PM                                                                                                                    
CHAIR STEDMAN announced the consideration of SB 179.                                                                            
                                                                                                                                
1:42:53 PM                                                                                                                    
SENATOR  JOHN  COGHILL,  Alaska State  Legislature,  as  sponsor,                                                               
introduced SB 179. He explained that  the bill provides that if a                                                               
baby is  found to  be viable  under a  doctor's judgement,  and a                                                               
mother  requests an  abortion, the  baby would  be delivered  and                                                               
given up as a child in need  of aid. He noted that "viability" is                                                               
a  new  concept  in  law.  The  bill  repeals  the  partial-birth                                                               
abortion ban that has been found unconstitutional.                                                                              
                                                                                                                                
He  referred  to  a  booklet that  contains  several  studies  on                                                               
abortion. It shows  which states and countries  have various bans                                                               
on abortions. The U.S. is only  one of seven countries out of 198                                                               
that permit  elective abortions  past 20 weeks.  The U.S  fits in                                                               
between allowing  bans between 20  to 22 weeks. He  discussed the                                                               
survival  rate at  various weeks.  He referred  to a  Gallop Poll                                                               
that  found  that  80  percent  say during  the  last  months  of                                                               
pregnancy, the fetus should be treated as viable.                                                                               
                                                                                                                                
1:47:05 PM                                                                                                                    
He discussed  Roe v.  Wade and said  the Supreme  Court maintains                                                               
that states  have an interest in  protecting the life of  a fetus                                                               
after viability  - the  point at  which the  fetus is  capable of                                                               
living outside the womb. He read  that the compelling point is at                                                               
viability and the state may go  as far as prohibiting abortion at                                                               
that period, except to preserve the life of the mother.                                                                         
                                                                                                                                
He stated that Planned Parenthood  v. Central Missouri upheld the                                                               
viability   clause,   as   did   Planned   Parenthood   v.   S.E.                                                               
Pennsylvania. The  bill tries to  protect the life of  the mother                                                               
and fetus, and allows the  doctor to determine viability. He used                                                               
another example  of Gonzales v.  Carhart to make his  point about                                                               
the viability clause.                                                                                                           
                                                                                                                                
1:50:00 PM                                                                                                                    
SENATOR  COGHILL  concluded  that  he has  tried  to  maintain  a                                                               
women's right, as well as  viability. He concluded that viability                                                               
is  the big  question  when  determining the  value  of life.  He                                                               
referred to  wording on page  2, lines  11 - 13,  which addresses                                                               
the  clinical judgment  of a  doctor to  determine viability.  He                                                               
highlighted  Section   1  regarding  when  an   abortion  may  be                                                               
performed. He  discussed DHSS's  involvement regarding  CINA when                                                               
the state takes custody of the child.                                                                                           
                                                                                                                                
1:52:21 PM                                                                                                                    
SENATOR  ELLIS asked  about the  phrase "meaningful  life" as  it                                                               
applies to viability.                                                                                                           
                                                                                                                                
SENATOR COGHILL  said that  is his  own term.  The legal  term is                                                               
viability and there is a definition  of viability in the bill and                                                               
it is dependent on a doctor's integrity.                                                                                        
                                                                                                                                
CHAIR STEDMAN asked whether Legislative  Legal has concerns about                                                               
SB 179.                                                                                                                         
                                                                                                                                
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature, presented  information on  SB 179  on behalf  of the                                                               
sponsor.  She said  Legislative  Legal has  no  legal opinion  of                                                               
version W.                                                                                                                      
                                                                                                                                
1:54:24 PM                                                                                                                    
SENATOR  STOLTZE  asked whether  the  term  is "unborn  baby"  or                                                               
"fetus."                                                                                                                        
                                                                                                                                
SENATOR  COGHILL  said "fetus"  means  "baby"  and he  uses  them                                                               
interchangeably.                                                                                                                
                                                                                                                                
He  thanked the  committee for  hearing  the bill.  He noted  the                                                               
issue  has been  hotly debated.  It is  about a  baby that  could                                                               
survive  an  unwanted  pregnancy.  He said  an  abortion  can  be                                                               
performed and still  have a live birth and  viability becomes the                                                               
question. SB  179 is  important for Alaska  where "we  value life                                                               
very  highly." It  is a  move  in the  right direction  and is  a                                                               
matter that  must be argued  under the  auspices of the  law. The                                                               
bill has respect for  the life of a woman and  the child, who may                                                               
not be wanted.                                                                                                                  
                                                                                                                                
1:55:58 PM                                                                                                                    
SENATOR  ELLIS asked  who files  the CINA  petition and  what the                                                               
burden on the state is.                                                                                                         
                                                                                                                                
MS. MOSS explained  that if the child is  unwanted, the physician                                                               
or  health  practitioner  would   contact  Office  of  Children's                                                               
Services (OCS) who would take custody of the child.                                                                             
                                                                                                                                
SENATOR ELLIS asked if OCS would  designate that child as a child                                                               
in need of aid.                                                                                                                 
                                                                                                                                
MS. MOSS said yes.                                                                                                              
                                                                                                                                
1:57:16 PM                                                                                                                    
CHAIR STEDMAN held SB 179 in committee.                                                                                         
                                                                                                                                
1:57:22 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Stedman  adjourned the Senate Education  Standing Committee                                                               
at 1:57 p.m.                                                                                                                    

Document Name Date/Time Subjects
SB 156 - Updated Sectional for version N.PDF SHSS 3/30/2016 1:30:00 PM
SB 156
CSSB 156 version.N.PDF SHSS 3/30/2016 1:30:00 PM
SB 156
SB 156 - Letter of Support AK Pharmacists.PDF SHSS 3/30/2016 1:30:00 PM
SB 156
SB 156 - Letter in Support_Dr. Tina Tomsen, Anchorage Womens Clinic.pdf SHSS 3/30/2016 1:30:00 PM
SB 156
SB 156 - Letter of Support Barbara McDaniel.pdf SHSS 3/30/2016 1:30:00 PM
SB 156
SB 156 - Letter of Support Kachemak Bay Family Planning CLinic.pdf SHSS 3/30/2016 1:30:00 PM
SB 156
SB 156 - Letter of Support Pamela Jo Rahn.PDF SHSS 3/30/2016 1:30:00 PM
SB 156
SB 179 version W.PDF SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 - Sponsor Statement.PDF SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 - Ohio Senate.PDF SHSS 3/30/2016 1:30:00 PM
SB 179
SB 113 - Fiscal Note.PDF SHSS 3/30/2016 1:30:00 PM
SB 113
SB 156 Explination of Changes updated.PDF SHSS 3/30/2016 1:30:00 PM
SB 156
S B 179 - Leg. Legal opinion.pdf SHSS 3/30/2016 1:30:00 PM
SB 179 - Planned Parenthood memo.PDF SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 - Letter of Support.PDF SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 VIABLE CHILD PROTECTION ACT.pptx SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 American-Reports-Series-INTERNATIONAL-ABORTION-NORMS Feb 14.pdf SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 Guttmacher Institute_Overview of Abortion Laws.pdf SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 Guttmacher Institute_State Facts About Abortion.pdf SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 Premature Babies Survive at 22 weeks if Treated.pdf SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 Sectional for SB 179.pdf SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 Sponsor Statement.pdf SHSS 3/30/2016 1:30:00 PM
SB 179
Version W with Repealer Language.pdf SHSS 3/30/2016 1:30:00 PM
SB 179
SB 179 Letter of Opposition - Cyndy Cox.PDF SHSS 3/30/2016 1:30:00 PM
SB 179