03/05/2012 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB202 | |
| SB151 | |
| Presentation: Governor's Council on Disabilities & Special Education | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 202 | TELECONFERENCED | |
| *+ | SB 151 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 5, 2012
1:33 p.m.
MEMBERS PRESENT
Senator Bettye Davis, Chair
Senator Dennis Egan
Senator Kevin Meyer
Senator Fred Dyson
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
PRESENTATION: GOVERNOR'S COUNCIL ON DISABILITIES & SPECIAL
EDUCATION
- HEARD
SENATE BILL NO. 202
"An Act relating to resuscitation protocol documents that may be
adopted by reference in regulations."
- MOVED SB 202 OUT OF COMMITTEE
SENATE BILL NO. 151
"An Act relating to mitigation at sentencing in a criminal case
for a defendant found by the court to have been affected by a
fetal alcohol spectrum disorder."
- MOVED CSSB 151(HSS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 202
SHORT TITLE: RESUSCITATION PROTOCOL DOCUMENTS
SPONSOR(s): SENATOR(s) EGAN
02/17/12 (S) READ THE FIRST TIME - REFERRALS
02/17/12 (S) HSS
03/05/12 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 151
SHORT TITLE: FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR
SPONSOR(s): SENATOR(s) MEYER
01/17/12 (S) PREFILE RELEASED 1/13/12
01/17/12 (S) READ THE FIRST TIME - REFERRALS
01/17/12 (S) HSS, JUD
03/05/12 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
RICHARD ETHERIDGE, Chief
Juneau Fire Department
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 202.
DAVID HULL, Chief
Alaska Council On Emergency Medical Services (ACEMS)
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of SB 202.
DR. WARD HURLBURT, Chief Medical Officer
Division of Public Health
Department of Health and Social Services
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 202.
KATE BURKHART, Executive Director
Advisory Board on Alcoholism and Drug Abuse
Division of Behavior Health
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 151.
MARIE OLSON, Representing Herself
Juneau, Alaska
POSITION STATEMENT: Spoke in support of SB 151.
MARGARET VROLYK, Parent Navigator
FASD Diagnostic Clinic
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 151.
RIC IANNOLINO, Representing Himself
Juneau, Alaska
POSITION STATEMENT: Spoke in support of SB 151.
LORETTA (BETTY) MARVIN, Representing Herself
Juneau, Alaska
POSITION STATEMENT: Spoke in support of SB 151.
MICHAEL JEFFREY, Superior Court Judge
Barrow, Alaska
POSITION STATEMENT: Testified in support of SB 151.
DEB EVENSON, Director
Fetal Alcohol Consultation and Training Services (FACTS)
Homer, Alaska
POSITION STATEMENT: Spoke in favor of SB 151.
JEANNE GERHARDT-CYRUS, Representing Herself
Kaina, Alaska
POSITION STATEMENT: Testified in support of SB 151.
MONICA CHARLES-LEINBERGER, Member
Alaska FASD Partnership
Bethel, Alaska
POSITION STATEMENT: Testified in support of SB 151.
DAVE FLEURANT, Attorney
Disability Law Center of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
MILLIE RYAN, Executive Director
Governor's Council on Disabilities and Special Education (GCDSE)
Anchorage, Alaska
POSITION STATEMENT: Provided information related to GCDSE.
ERIC GEBHART, Chair
Governor's Council on Disabilities and Special Education (GCDSE)
Anchorage, Alaska
POSITION STATEMENT: Presented information related to GCDSE.
ACTION NARRATIVE
1:33:26 PM
CHAIR BETTYE DAVIS called the Senate Health and Social Services
Standing Committee meeting to order at 1:33 p.m. Present at the
call to order were Senators Meyer, Egan, Dyson, and Chair Davis.
SB 202-RESUSCITATION PROTOCOL DOCUMENTS
CHAIR DAVIS announced the consideration of SB 202.
1:34:11 PM
SENATOR DENNIS EGAN, sponsor of SB 202, introduced the bill. He
read from the following sponsor statement:
Cardiopulmonary Resuscitation (CPR) standards are
updated regularly based on new research.
Unfortunately, due to the slow process of changing
agency regulations, current state regulations
reference outdated and incorrect CPR standards.
For example, when the current resuscitation
regulations were adopted in 2002, the gold standard
for adult CPR was 15 chest compressions for every two
breaths administered. Today, the American Heart
Association recommends for trained rescuers two
breaths for every 30 compressions, and compressions
only for an average bystander. Pediatric standards
have also changed significantly since the time current
CPR regulations were established.
The International Liaison Committee on Resuscitation
(ILCOR) is an international group of scientists that
reviews studies, makes treatment recommendations, and
publishes its findings. The addition of the ILCOR
findings to AS 47.05.012 would allow Emergency Medical
Services offices and instructors to teach the most
current and appropriate resuscitation standards
without having to go through the lengthy process of
revising agency regulations. This bill is necessary to
maintain a high standard of emergency medical care in
Alaska.
CHAIR DAVIS requested a motion to bring SB 202 before the
committee.
SENATOR EGAN moved to adopt SB 202, labeled 27-LS 1381\M, as the
bill before the committee.
CHAIR DAVIS objected for discussion purposes.
1:37:30 PM
RICHARD ETHERIDGE, Chief, Juneau Fire Department, testified in
support of SB 202, which would streamline the process for
updating current regulations for CPR. He noted how much CPR has
changed over the years. People around the world have studied the
most effective delivery of CPR and the bill would bring Alaska
up to date on these procedures.
SENATOR EGAN thanked Chief Etheridge for his testimony.
1:39:27 PM
DAVID HULL, Chief, Alaska Council On Emergency Medical Services
(ACEMS), testified in support of SB 202. He said that ACEMS
supports the use of the best methods of instructing CPR. Current
state regulations have outdated standards for CPR. He stressed
the importance of the life-saving qualities of CPR. He concluded
that the bill would help support high standards of emergency
care in Alaska.
1:42:13 PM
DR. WARD HURLBURT, Chief Medical Officer, Division of Public
Health, Department of Health and Social Services, testified in
support of SB 202, which would permit the use of contemporary
recommendations in determining the best methods for CPR
training.
CHAIR DAVIS closed public testimony.
SENATOR EGAN thanked the testifiers.
SENATOR DAVIS spoke in support of the bill. She removed her
objection.
SENATOR MEYER moved to report SB 202 out of committee with
individual recommendations and the accompanying zero fiscal
note. There being no objection, SB 202 moved from the Senate
Health and Social Services Standing Committee.
At ease from 1:44 p.m. to 1:46 p.m.
SB 151-FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR
CHAIR DAVIS announced the consideration of SB 151.
1:46:32 PM
SENATOR KEVIN MEYER, sponsor of SB 151, explained that the bill
would include Fetal Alcohol Spectrum Disorders (FASD) and
Traumatic and Acquired Brain Injury (A/TBI) as "impaired brain
function" under the state's existing definition of "mental
disease or defect" and as mitigating factors in sentencing.
Currently, under state law FASD and A/TBI are not included under
those definitions. He cautioned that the bill is not a "get out
of jail free" card. The intent is to have more appropriate
sentencing for people who suffer from these disabilities. The
hope is that those people receive the treatment they need.
SENATOR MEYER referred to a recent presentation by Chief Justice
Carpeneti who requested that judges have more flexibility in
issuing sentences. Senator Meyer spoke of his efforts to correct
an inequity. Alaska has the highest rate of FASD in the nation.
According to the experts at the Alaska FASD Partnership, people
with FASD are disproportionately represented within the criminal
justice system.
CHAIR DAVIS asked if version X was before the committee.
SENATOR MEYER said that was correct. [There was no objection,
and the assumption was that version X, 27-LS1132\X, was the
working document of the committee.]
1:49:31 PM
KATE BURKHART, Executive Director, Alaska Mental Health Board,
Advisory Board on Alcoholism and Drug Abuse, testified in
support of SB 151. She recalled the history of this legislation,
which is a grass roots effort led by the families of individuals
with FASD and FASD individuals themselves. The FASD Partnership
steering committee drafted a specific recommendation for the
legislation.
MS. BURKHART addressed the fact that the legislation does not
create a "get out of jail free" card. It provides that judges
"may" impose a lesser sentence. The bill provides additional
discretion to judges to help ensure that defendants are treated
fairly according to their abilities.
1:54:13 PM
MARIE OLSON, representing herself, spoke in support of SB 151.
She recalled participating in conventions related to Fetal
Alcohol Spectrum Disorder (FASD). She shared her experience with
children who had FASD and the problems related to the disease.
She predicted that many are in jail because of the disease. She
said that in FASD individuals, part of the brain has not
developed and the person is not totally responsible for his or
her actions. The bill is a step forward in the right direction,
but does not address the whole problem. Limiting the jail time
is part of the answer. She said she was grateful for the bill.
1:59:12 PM
MARGARET VROLYK, Parent Navigator, FASD Diagnostic Clinic,
testified in support of SB 151. She shared her experience as a
parent of a son with FASD. She also voiced concern about two
areas of the bill.
SENATOR MEYER noted the removal of those two sections in version
X.
SENATOR EGAN moved to adopt the proposed CS for SB 151, labeled
27-LS1132\X, as the working document. There being no objection,
version X was before the committee.
2:03:09 PM
RIC IANNOLINO, representing himself, spoke in support of SB 151.
He related that he coordinates the FASD Diagnostic Clinic in
Juneau. He reported that Australia and other parts of the world
are also in favor of the bill. He called the legislation humane
and cost effective.
SENATOR MEYER the goal of the bill is to give a judge
flexibility to adjust sentencing because of an individual's
disability. He asked Mr. Iannolino if his clinic deals with
those who are sentenced to treatment instead of jail time.
MR. IANNOLINO said Juneau Alliance for Mental Health and
Gastineau Human Services both provide services to people who
need services outside of prison.
SENATOR MEYER asked why the clinic closed.
MR. IANNOLINO said he was retiring.
2:07:16 PM
LORETTA (BETTY) MARVIN, representing herself, spoke in support
of SB 151. She recalled her experiences working with FASD
children. She related that she has experienced calls from
parents requesting help for their children. She stated that FASD
prisoners are treated poorly in jail. She shared a story. She
agreed that a lesser sentence and some sort of help are answers
to this problem.
2:10:36 PM
MICHAEL JEFFREY, Superior Court Judge, Barrow, Alaska, testified
in support of SB 151. He said he has served on the statewide
FASD committee. He maintained that the problem is a legislative
issue. He said that brain injuries go beyond FASD, such as
returning military with brain trauma. He spoke of the range of
FASD disorders. He opined that there is a need for protection
for public safety, but also for sentencing that meets the needs
of this population. He agreed that the bill was cost effective.
SENATOR MEYER thanked Mr. Jeffrey for his testimony. He invited
him to participate in the Judiciary Committee hearing. He asked
what type of FASD individuals come before the court. He did not
think there were many violent cases.
MR. JEFFREY observed that the person that comes before the court
does not appear to be disabled. Most people affected with FASD
in rural Alaska are not diagnosed. He pointed out that there are
red flags to watch for. The classic charges fall into the
following categories: property crimes, minor assaults, and a
range of violations. He emphasized that the point is to have the
sentencing fit the crime and for other methods to be used rather
than jail time.
2:19:10 PM
DEB EVENSON, Director, Fetal Alcohol Consultation and Training
Services (FACTS), spoke in favor of SB 151. She shared her
extensive work with FASD. She quoted Stewart Whitley, Minister,
Health and Human Service, Yukon Territory, who said, "Think of
the unjustness of being visited by an affliction of appearing to
understand more than you do." She talked about how many fetal
brain cells are destroyed by alcohol. The brain works
differently with FASD, with the problem solving ability being
about half the person's chronological age.
She said this legislation is a giant step toward fair
sentencing. She shared a story from court in Whitehorse, Yukon
Territory, where a young man was given an alternative sentence
and has not re-offended.
2:24:21 PM
JEANNE GERHARDT-CYRUS, Kaina, Alaska, testified on her own
behalf in support of SB 151. She spoke of her personal
experience with a child with FASD. She said if the goal is to
prevent recidivism and protect society, then FASD victims should
not be put in jail with others. They should receive structure
and support in other ways.
2:30:27 PM
MONICA CHARLES-LEINBERGER, Alaska FASD Partnership, Bethel,
Alaska, testified in support of SB 151. She listed her
involvement as a member of the local FASD diagnostic team and as
a FASD and Behavioral Specialist for the Lower Kuskokwim School
District. She voiced concern about FASD individuals that don't
learn from serving time. She spoke of her experience with FASD
children in Lower Kuskokwim School District and how intervention
plans are developed. She concluded that the bill will give the
judicial system a way to look at a person as an individual.
2:34:41 PM
DAVE FLEURANT, Disability Law Center of Alaska, testified in
support of SB 151. He spoke of a decision in Canadian Court by
Judge Barry Stewart who said, "It is manifestly unfair to make
an individual pay for their disability with their freedom."
CHAIR DAVIS noted the bill would move to the Judiciary Committee
next.
SENATOR DYSON moved to report CS for SB 151, version X, from
committee with individual recommendations and accompanying
fiscal notes. There being no objection, CSSB 151(HSS) was
reported from the Senate Health and Social Services Standing
Committee.
^Presentation: Governor's Council on Disabilities & Special
Education
Presentation: Governor's Council on Disabilities & Special
Education
CHAIR DAVIS announced the final order of business before the
committee was a presentation by the Governor's Council on
Disabilities and Special Education.
2:38:23 PM
MILLIE RYAN, Executive Director, Governor's Council on
Disabilities and Special Education (GCDSE), thanked the
committee for the chance to present and for their support over
the years.
ERIC GEBHART, Chair, Governor's Council on Disabilities and
Special Education, presented information related to GCDSE. He
shared the council's mission to create change that improves the
lives of people with disabilities. He explained that the council
does not provide direct service, but works by building capacity,
changing systems, and advocating for the systems that affect
those with disabilities.
He related that GCDSE is made up of 27 members appointed by the
governor. The members are individuals with disabilities, parents
or family members of people with disabilities, state agency
representatives, and other representatives designated in federal
law.
MS. RYAN added that the council is a "unique beast" because it
is located within state government. It works closely with boards
and commissions and with the Department of Health and Social
Services (DHSS).
MR. GEBHART explained that the council is different from most
boards and commissions because it has "freedom to act" as
designated by federal law.
MS. RYAN said the council is different from other states in that
the board is a working board with no granting authority.
2:43:53 PM
MS. RYAN discussed the funding sources: federal receipts, no
general fund receipts, inter-agency receipts, GF/Mental Health
funds, and Alaska Mental Health Trust Authority (MHTAAR) funds.
She said in FY 13 federal grants will be diminishing, with other
funding sources remaining the same; however, there will be an
increase in funds from MHTAAR in order to replicate a pilot
program.
MR. GEBHART addressed the council's responsibilities. He listed
the five committees/boards GCDSE is responsible for: State
Council on Developmental Disabilities, State Advisory Panel on
Special Education, State Interagency Council on Infants and
Toddlers with Disabilities, Governing Board of the Special
Education Service Agency (SESA), and Beneficiary Board of the
Alaska Mental Health Trust Authority.
SENATOR DYSON asked for clarification on how the organizational
chart works.
MR. GEBHART replied that the council members serve on those five
boards. He said there is no budget for serving on those boards.
2:49:11 PM
SENATOR DYSON asked if the council is the board for SESA.
MS. RYAN said yes. The council hires the executive director.
SENATOR DYSON asked which of the five boards CDGSE has executive
control over.
MR. GEBHART said only SESA.
MS. RYAN added that the council makes recommendations about
issues impacting students receiving special education.
SENATOR DYSON asked who controls the funds that support the
smaller boards.
MS. RYAN explained the different funding sources for each board.
2:51:18 PM
SENATOR DYSON concluded that the $2 million is for supporting
all of the boards. He asked if the boards do hands-on work.
MS. RYAN clarified that the council makes up all of the boards.
She gave an example of funds received for special projects that
fit with the council's mission.
SENATOR DYSON understood that the council's work did not involve
providing services to individuals.
MS. RYAN said they supervise agencies that do provide the
services.
She continued that March is Developmental Disability Awareness
Month. She listed key facts about developmental disabilities,
which are severe, chronic disabilities that occur at birth or
before age 22 and are likely to continue indefinitely. They
result in substantial function limitations in three or more
areas of major life activity. They reflect an individual's need
for a combination and sequence of special, interdisciplinary or
generic assistance, support, or other services that are of
lifelong or extended duration and are individually planned and
coordinated. She gave examples of types of developmental
disabilities. She said that about 13,000 Alaskans have a
developmental disability.
MR. GEBHART explained ongoing challenges of the council. The
council is responsible for developing actions and policies that
will improve the lives of thousands of Alaskans with
disabilities. It is also responsible for equipping Alaskans with
disabilities with tools, skill, and opportunities they need to
successfully live the same everyday lives as Alaskans without
disabilities. The council is also working on Medicaid reform.
2:56:26 PM
MR. GEBHART shared the 5-year plan goal areas. He also listed
the tools used to achieve the council's mission.
MS. RYAN gave an example of the council in action. There was
considerable public testimony about barriers to employment such
as lack of policy that promotes work as an expectation, lack of
access to needed resources, and limited employment
opportunities.
She shared overall strategies of the council and some of the
outcomes to date.
3:01:36 PM
MS. RYAN concluded with data on the percent of those on SSI who
work, as compared to the national average, and the number in
integrated employment. The Alaska Mental Health Trust Authority
has done a survey to see how many people think people with
disabilities can hold down a job. The number rose from about 30
in 2002 to about 53 percent in 2010.
SENATOR DYSON asked if Carr's grocery store in Southcentral
Alaska receives financial incentives for employing disabled
workers.
MS. RYAN said that the Division of Vocational Rehabilitation
(DVR) can provide financial support in the form of tax credits
or job coaching.
SENATOR DYSON asked for information regarding GCDSE's $2 million
budget.
MS. RYAN clarified that the council has worked with Vocational
Rehabilitation on assessing abilities of disabled workers and
helps to influence the way services are provided.
SENATOR DYSON requested more information on one of the charts.
MS. RYAN explained that the chart referred to Division of Senior
and Disability Services statistics.
SENATOR DYSON asked if it was fair to infer that only another
400 individuals could qualify for jobs.
MS. RYAN said that 1,300 people could qualify for jobs.
SENATOR DYSON voiced appreciation for GCDSE.
CHAIR DAVIS thanked the presenters.
MR. GEBHART pointed out that GCDSE's office is in Anchorage.
3:09:38 PM
There being no further business to come before the committee,
Chair Davis adjourned the Senate Health and Social Services
Standing Committee at 3:09 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 151 Bill DRAFT Version X.pdf |
SHSS 3/5/2012 1:30:00 PM |
SB 151 |
| SB 151 Sponsor Statement.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151 Fiscal Note.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151 Fiscal Note2.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151 Fiscal Note 3.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151 Fiscal Note 4.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151-Fiscal Note 5.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB202 Sponsor Statement.pdf |
SHSS 3/5/2012 1:30:00 PM |
SB 202 |
| SB 151-Letter of Support-Trust.pdf |
SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB 151-Letter of Support-AMHB-ABADA.pdf |
SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB 151 Letter of Support FASD Partnership.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB 151 Letter of Support Disability Law Center.pdf |
SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB202 Bill.pdf |
SHSS 3/5/2012 1:30:00 PM |
SB 202 |
| SB202 Fiscal Note.pdf |
SHSS 3/5/2012 1:30:00 PM |
SB 202 |