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