Legislature(2017 - 2018)BUTROVICH 205
03/14/2018 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB138 | |
| SB81 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 138 | TELECONFERENCED | |
| += | SB 81 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 14, 2018
1:31 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Natasha von Imhof, Vice Chair
Senator Peter Micciche
Senator Tom Begich
MEMBERS ABSENT
Senator Cathy Giessel
COMMITTEE CALENDAR
HOUSE BILL NO. 138
"An Act establishing the month of March as Sobriety Awareness
Month."
- MOVED HB 138 OUT OF COMMITTEE
SENATE BILL NO. 81
"An Act relating to criminal and civil history requirements and
a registry regarding certain licenses, certifications, appeals,
and authorizations by the Department of Health and Social
Services; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 138
SHORT TITLE: MARCH: SOBRIETY AWARENESS MONTH
SPONSOR(s): REPRESENTATIVE(s) SPOHNHOLZ
02/22/17 (H) READ THE FIRST TIME - REFERRALS
02/22/17 (H) HSS, CRA
03/07/17 (H) HSS AT 3:00 PM CAPITOL 106
03/07/17 (H) Heard & Held
03/07/17 (H) MINUTE(HSS)
03/23/17 (H) HSS AT 3:00 PM CAPITOL 106
03/23/17 (H) Moved HB 138 Out of Committee
03/23/17 (H) MINUTE(HSS)
03/24/17 (H) HSS RPT 6DP 1NR
03/24/17 (H) DP: JOHNSTON, TARR, EDGMON, SULLIVAN-
LEONARD, KITO, SPOHNHOLZ
03/24/17 (H) NR: EASTMAN
04/04/17 (H) CRA AT 8:00 AM BARNES 124
04/04/17 (H) Moved HB 138 Out of Committee
04/04/17 (H) MINUTE(CRA)
04/05/17 (H) CRA RPT 5DP
04/05/17 (H) DP: WESTLAKE, SADDLER, TALERICO,
DRUMMOND, FANSLER
04/07/17 (H) TRANSMITTED TO (S)
04/07/17 (H) VERSION: HB 138
04/10/17 (S) READ THE FIRST TIME - REFERRALS
04/10/17 (S) HSS, STA
02/12/18 (S) RETURNED TO HOUSE PER REQUEST
02/14/18 (H) BILL RECEIVED IN HOUSE
02/14/18 (H) BILL REPRINTED 2/14/18
02/14/18 (H) RETURNED TO SENATE
03/14/18 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 81
SHORT TITLE: DHSS CENT. REGISTRY; LICENSE; BACKGROUND CHECK
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/08/17 (S) READ THE FIRST TIME - REFERRALS
03/08/17 (S) HSS, JUD
02/02/18 (S) HSS AT 1:30 PM BUTROVICH 205
02/02/18 (S) Heard & Held
02/02/18 (S) MINUTE(HSS)
02/05/18 (S) HSS AT 1:30 PM BUTROVICH 205
02/05/18 (S) -- MEETING CANCELED --
03/14/18 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE IVY SPOHNHOLTZ
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor HB 138.
TASHA ELEZARDE, Intern
Representative Ivy Spohnholz
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 138
on behalf of the sponsor.
TIFFANY HALL, Executive Director
Recover Alaska
Anchorage, Alaska
POSITION STATEMENT: Supported HB 138.
CATHERINE MCGLASHAN, Representing Self
Anchorage, Alaska
POSITION STATEMENT: Supported HB 138.
GREGORY NOTHSTINE, President
Sobermiut: Reviving Our Spirit
Anchorage, Alaska
POSITION STATEMENT: Supported HB 138.
CARRIE AMOTT, Representing Self
Juneau, Alaska
POSITION STATEMENT: Supported HB 138.
STACIE KRALY, Chief Assistant Attorney General
Civil Division
Human Services Section
Department of Law
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 81.
KATE BURKHART, Ombudsman
Alaska Office of the Ombudsman
Legislative Agencies and Offices
Juneau, Alaska
POSITION STATEMENT: Testified on SB 81.
ACTION NARRATIVE
1:31:00 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1:31 p.m. Present at the
call to order were Senators von Imhoff, Micciche, Begich and
Chair Wilson.
HB 138-MARCH: SOBRIETY AWARENESS MONTH
1:31:36 PM
CHAIR WILSON announced the consideration of HB 138.
1:32:02 PM
REPRESENTATIVE IVY SPOHNHOLTZ, Alaska State Legislature, sponsor
of HB 138 presented HB 138. She said alcohol and substance abuse
in the state of Alaska has dramatic impacts. Alaska is at the
top in the nation for addiction to drugs and alcohol. The
McDowell report estimates the cost of drug and alcohol abuse was
$3 billion in 2015. Sobriety is a constructive solution to the
problems that the state faces. HB 138 permanently designates
March as Sobriety Awareness Month. It recognizes and celebrates
Alaskans who choose to live a sober lifestyle by providing
opportunities for Alaskans to promote sobriety through
activities and celebrations throughout the state. Sobriety
Awareness Month has a long history in Alaska. It is an Alaska-
only solution. It is not recognized in any other state because
it comes from the AFN (Alaska Federation of Natives). The Alaska
Native community, AFN in particular, led the creation of
Sobriety Awareness Month as part of its sobriety movement to
celebrate sobriety as a healthy choice for Alaska Natives.
She related that in 1992, Mike Williams, a musher from Akiak and
sobriety activist, ran the Iditarod carrying signatures from
individuals throughout the state who had pledged sobriety. March
was chosen as Sobriety Awareness Month to recognize the
Iditapledge event. In 1995 the legislature designated the first
sobriety month. Every year between 1995 and 2006, the governor
issued a declaration declaring March Sobriety Awareness Month.
In 1996 the Alaska Legislature unanimously passed House Bill 523
to amend the Uniform Alcoholism and Treatment Act to add that it
is the policy of the state to recognize, appreciate, and
reinforce the examples set by its citizens who lead, believe in,
and support a life of sobriety. That set the tone for how the
state approaches addiction treatment. Sobriety Awareness Month
fits the purpose of this amendment while continuing to focus on
sobriety as a positive solution to the problem of substance
abuse.
REPRESENTATIVE SPOHNHOLZ added that HB 138 acknowledges sobriety
as a healthy life style choice. She shared that she has been in
recovery for about 15 years. Those who have chosen sobriety as a
lifestyle should stand up proudly as a way of setting a positive
example for the state's children and others in the community who
may continue to struggle with addiction.
1:36:05 PM
TASHA ELEZARDE, Intern, Representative Ivy Spohnholz, Alaska
State Legislature, presented the following sectional for HB 138
on behalf of the sponsor:
Section 1. Uncodified Law. states that the State of
Alaska recognizes the importance of sobriety in
Alaskan lives.
Section 2. AS 44.12.150. adds a new section of statute
designating March of every year as Sobriety Awareness
Month, where schools, community groups, public and
private agencies, and individuals can celebrate with
activities related to sobriety.
SENATOR MICCICHE asked Ms. Elezarde how she envisions getting
the message about the importance of sobriety out to young people
in schools and communities around Alaska.
MS. ELEZARDE said the sponsor's office is communicating with
many organizations as they are working on passing the bill. They
received a letter of support from the student government of
Soldotna High School. They are reaching out to Recover Alaska.
They are reaching out to tribal organizations because this bill
and this month are founded in the Alaska Federation of Natives
sobriety awareness movement. They will continue to reach out and
she expects that Representative Spohnholz has more ideas for the
future of Sobriety Awareness Month if the bill passes the
legislature.
SENATOR BEGICH referenced the Healthy Alaskans 2020 health
assessment and asked how outcomes associated with sobriety can
be measured.
REPRESENTATIVE SPOHNHOLZ said there is no good measure of
sobriety in Alaska. The state has not tried to measure it. They
would need to intentionally add a question to some of the polls
being done. The state asks high school students whether they
have consumed alcohol recently. The state has seen a promising
downward trend for that.
1:40:23 PM
SENATOR BEGICH said he likes the bill because it offers the
potential to measure good behavior instead of negative outcomes.
REPRESENTATIVE SPOHNHOLZ said the behavioral health research
study shows that the vast majority of young people who were
measured do not consume alcohol of drugs. Some positive
messaging is starting to come about celebrating sobriety,
particularly by Recover Alaska. Students compare themselves to
what they think their peers are doing. They hear about negative
things and think the vast majority of their peers are doing
those things. That isn't necessarily the case and when that is
celebrated, more people see that as the norm. It's called
positive social norming.
SENATOR MICCICHE observed that the McDowell Group report does
not address the causes of alcohol and substance abuse. He said
the state sometimes gets the message out that sobriety is the
right path, but more Alaskans than anywhere else choose a less
positive path. He wonders how they determine the causes and
frontload a solution as opposed to always dealing with an
existing problem.
REPRESENTATIVE SPOHNHOLZ said the McDowell Group report was
designed to measure the economic impacts, not to understand the
causation of addiction. She shared that she took over as bill
sponsor because positive social norming helps reduce alcohol and
drug abuse and because it is more than a one-time thing. The
bill establishes March Sobriety Awareness Month as a permanent
event, so activists can focus on making change in communities
throughout the state.
CHAIR WILSON said he recently came from an agency with a
substance abuse treatment facility and his wife manages a
substance abuse treatment program in Anchorage. He opined that
this is an important thing for Alaska.
1:45:54 PM
TIFFANY HALL, Executive Director, Recover Alaska, supported HB
138. She said Recover Alaska is a multisector action group
working to reduce excessive alcohol use and its harms statewide.
Recover Alaska partners include the Rasmuson Foundation, the
Alaska Mental Health Trust Authority, the Mat-Su Health
Foundation, Providence Health and Services, the Southcentral
Foundation, State of Alaska Department of Health and Social
Services and a dozen other partners across the state who all
support the bill. The vision of Recover Alaska is for Alaskans
to live free from the consequences of alcohol misuse so that all
are empowered to achieve their full potential. Their work
requires individual, social, and systemic change, which they do
by making connections, raising awareness of the impacts of
alcohol misuse, advocating for policy change to create a safer
environment, and by shifting perceptions.
Recover Alaska wants to make it more normal and comfortable to
talk about substance use disorder. They want to correct the
falsehood that addiction is a moral failing and recognize it as
the chronic disease that it is. They know that treatment works,
and that recovery is possible. They are not an abstinence-only
initiative. They promote healthy drinking, at whatever level
that might be. She shared that she has been sober for 8.5 years.
Her experience has been that talking about alcoholism makes
people very uncomfortable. For some, there is stigma associated
with sobriety so anything to reduce the stigma of sobriety is a
positive thing.
When she disclosed her substance use disorder early on in her
recovery to her doctor, her doctor advised her not to tell other
medical professionals about her disease. This was a slap in the
face just as she was coming to terms with the devastating shame
of her substance use disorder. Her doctor advised her not to
share her health history because insurance parity doesn't exist
and because so many people would view her differently. This was
a setback to her self-worth, but she's stronger for it and has
found her voice.
MS. HALL said she owes her life to recovery. She is humbled and
proud to share her story, but she is even more honored to stand
for the hundreds of people across the state who live in
recovery. Designating March as Sobriety Awareness Month gives
everyone the opportunity to step away from the shroud that
alcohol places over Alaska and to be proud of their choices to
take back their lives. Whatever the reason for sobriety,
everyone should celebrate that choice. Alcohol is related to so
many negative consequences that choosing to abstain has a
positive effect, not just on the individual but the entire
community. Representative Spohnholz already mentioned the $3
billion cost every year. Alaska's mortality rate is over twice
as high as the rest of nation.
1:50:58 PM
She said by encouraging, celebrating, and supporting sobriety,
Alaska can improve its fiscal climate as well as helping human
lives. Recovery Alaska focuses on the full spectrum from
prevention, to treatment, to recovery. People so often want to
see metrics that it is easy for recovery to be pushed to the
back burner. It is difficult to track people's success when they
stop showing up in the emergency department or stop getting
arrested. It is really difficult to highlight all the positives
things that come from that, especially because the negative
associations with substance use disorders make people want to
hide that part of themselves. There aren't many studies that
track people once they get sober. Additionally, relapses are a
common part of recovery. It takes most people about seven times
before they maintain long-term recovery, but it's so easy for
people to see that as a failure. They do have some quantitative
feedback. Recovery Alaska shares stories through their Day One
video series.
MS. HALL said many people have shared and liked them and written
their own stories on Facebook. People are hungry for this
conversation. Designating a full month to call attention to the
benefits of sobriety justify her organization's efforts in doing
things like making sure there are nonalcoholic drink options at
every restaurant and bar in the state and that they are
highlighted for throwing sober dance parties. They always hear
thank you and please keep doing this when they have sobriety
events. Designating Sobriety Awareness Month is a wonderful way
of showcasing sobriety stories. It is also an important way to
get sobriety stories in the media. It validates the choice those
in recovery have made. They fight for their lives every single
day, knowing they can't do it alone.
She said as far as causes, they know that Adverse Childhood
Experiences (ACEs), intergenerational trauma, and the cycle of
abuse really play into this. Her opinion, supported by research,
is that isolation is one of worst things for people. This bill
champions connections for people who feel less than or not a
part of things. This is a good step toward allowing the state to
move toward sobriety and recovery.
1:55:04 PM
SENATOR BEGICH called her testimony compelling. He hoped that,
working together, they could find ways to measure and promote
positive outcomes instead of dwelling on the negative.
MS. HALL said 78 percent of youth are not currently drinking
alcohol. Positive social norms are absolutely the way to go.
They are working with the Alaska Wellness Coalition to do more
of this positive messaging, especially for youth.
1:56:17 PM
CATHERINE MCGLASHAN, Representing Self, said she is affiliated
with the Cook Inlet Tribal Council Inc. Recovery Services, and
the Alaska Therapeutic Court Alumni. She shared that she is in
long-term recovery; she has not used a mind-altering substance
since July 2012. Her story is similar to Ms. Hall's, but because
her story involves prescription abuse, she received 47 felony
counts of misconduct with a controlled substance. In 2012, she
was finally ready to give up after 20 years with drugs and
alcohol and incarceration.
She said that drugs and alcohol cause isolation for so many
people. They are at a point in the movement where they are
finally allowing people to talk about it and removing the
stigma, allowing people to be vulnerable and transparent about
what is going on in their lives or their families' lives. Naming
it Sobriety Awareness Month goes to another level. They need to
provide awareness, and providing awareness turns it into an
action plan. She is still in recovery and works in the recovery
field. The other day she heard someone say that when they start
to change the people they start to change the village. The
transparency effort and celebration of sobriety can change
Alaska, start changing the youth, and make this attractive to
people. They need dances and opportunities to socialize so they
can continue to live everyday lives in recovery.
MS. MCGLASHAN said she struggled her whole life with substance
use disorder. She went into her first treatment facility at age
13. A lot of it stems from insecurities, an inability to
socialize, and a lot of traumatic childhood events. Since she
has been in recovery, she has been able to change her family's
life--nieces, nephews, a ripple effect. She is 100 percent in
support of HB 138 to bring any awareness to what is going on in
the state, especially in some of the villages.
2:01:07 PM
GREGORY NOTHSTINE, President, Sobermiut: Reviving Our Spirit,
supported HB 138. He thanked the committee on behalf of all the
people who are testimony that life can be lived and enjoyed
without consuming mind-altering substances. When the legislature
amended the Uniform Alcoholism and Treatment Act in 1996, AS
47.37.010, he was the AFN sobriety coordinator. Since 2006 there
has been no champion to introduce the resolution about sobriety
awareness. He said the legislature has been proactive by
recognizing the merits of a positive lifestyle led by thousands
of Alaskans. They benefit Alaska by improving the quality of
life for themselves, their families, and communities, reducing
the incidence and social ills caused by alcohol and drug abuse,
and helping to reduce the burden on local, state, and federal
government in having to pay for all the social ills caused by
alcohol and drug abuse.
He recalled collecting 10,000 signatures for the AFN sobriety
movement and handed them to musher Mike Williams. It was a
symbolic gesture of how they need to start a discussion of how
to curb and mitigate the problems that many of their communities
were facing. He said perhaps everyone remembers the Pulitzer
Prize-winning series A People in Peril in the Anchorage Daily
News documenting the tragedy and trauma of alcohol and drug
abuse at that time. When the AFN sobriety movement started, the
chairman was the late General John Schaeffer who asked what they
will do differently because there are already so many prevention
programs.
MR. NOTHSTINE said members of the council said that no one talks
about Mr. and Mrs. Joe Smith who never drink who are being shut
out of all the important decisions. They wanted to support them,
which led to a grass roots sobriety movement. As time went on
people began to appreciate the idea of sobriety. It became okay
to talk about being in recovery, but after a while it subsided.
After 2006, the sobriety awareness month message lost focus and
championship. Then the heroin epidemic came. He emphasized that
a way must be found to acknowledge and support people living
sober lifestyles. They are a protective factor.
2:10:34 PM
CHAIR WILSON opened public testimony.
CARRIE AMOTT, Representing Self, stated support for HB 138. She
said she helps run a recovery community organization and her job
is to organize sobriety events in the hopes of building a sober
community among Juneau residents. The idea is to form a network
of people to lift each other up and provide peer support. She is
in long-term recovery with three years of sobriety. She knows
how important it is to have community surrounding efforts to
stay sober and learn how to have a productive, healthy, and fun
lifestyle. A month to recognize sobriety brings it into public
view. Celebrating sobriety champions healthy lifestyles and
makes it cool. Recognizing sobriety provides a platform for all
community members to make positive choices.
2:14:14 PM
CHAIR WILSON closed public testimony.
SENATOR MICCICHE said people are focused on the opioid issue,
but a statement from the police yesterday was "alcohol, alcohol,
alcohol, and then alcohol," so they should not lose focus on
alcohol. Things have changed so that it seems almost cool to be
in recovery instead of hiding it. He referenced Protective
Factors for Youth Substance Abuse and Delinquency: The Role of
Afterschool Programs from the McDowell Group. He asked Ms. Hall
how to break the cycle for the next generation.
MS. HALL said there is a national shift about recovery in
general. More and more musicians and actors are coming out as
being in recovery. Recover Alaska has over 11,000 Facebook
followers. When they share recovery stories, especially of
famous people, people love them. Sober is sexy. Sobriety apparel
is available because they are saying they don't need drugs and
alcohol to be crazy and have a good time. Parents are telling
kids to expect lots of drinking in college and that it's a rite
of passage, but many youth are saying that is not what they want
to do. A lot of pushback they get about the 78 percent of youth
who do not drink are from adults saying that is not possible,
but the numbers show that underage drinking is going down. There
is hope for future generations, particularly with the
afterschool idea.
She said she went to Iceland last fall with a group. Iceland has
reduced underage drinking from nearly 40 percent to 5 percent in
the past 20 years. There were policy changes. The age of
adulthood changed from 16 to 18. They increased residential
treatment opportunities for youth, but primarily they hear from
people running afterschool programs. In partnership with the
Mat-Su Health Foundation and the Children's Trust, they are
applying for a grant from the Robert Wood Johnson Foundation for
more afterschool programs in the Mat-Su Valley. If it works,
they would seek to expand that to the rest of the state.
MS. HALL said the Alaska Resilience Initiative is doing a lot of
work around some of these causes and how to stop abuse before it
starts. What they hear from a lot from youth, especially in
rural Alaska, is they don't know what else to do because in some
of the really small villages, the majority of adults are
drinking in the afternoon when a shipment comes in and the youth
go to the free events because of the food. It's heartbreaking
and not what they want. They are trying to figure out how to
bring programs and services out there to show another way of
life. No one grows up saying, "I really want to be an
alcoholic."
2:20:05 PM
SENATOR MICCICHE noted Senator Giessel's bill on beefing up the
funding for substance programs for kids through afterschool
programs that the Alaska Children's Trust, Boys and Girls Club,
and other organizations will assist with that are very promising
at stopping those risks early.
MS. HALL said the biggest factor in the lives of youth are their
parents and other respected adults to be good models and have
conversations with their children or other young people who look
up to them. Talk about it early, talk about it often.
2:22:07 PM
CHAIR WILSON closed public testimony.
CHAIR WILSON entertained a motion to move the bill from
committee.
2:22:23 PM
SENATOR VON IMHOF moved to report HB 138 from committee with
individual recommendations and attached fiscal notes.
CHAIR WILSON found no objection and HB 138 moved from the Senate
Health and Social Services Standing Committee with the
understanding that Legislative Legal is authorized to make any
necessary technical or conforming adjustments.
SENATOR MICCICHE asked Chair Wilson to clarify that the fiscal
note is zero.
CHAIR WILSON clarified that the Division of Behavioral Health
submitted a zero fiscal note.
2:23:06 PM
At ease.
SB 81-DHSS CENT. REGISTRY; LICENSE; BACKGROUND CHECK
2:25:26 PM
CHAIR WILSON reconvened the meeting and announced the
consideration of SB 81. He reopened public testimony and noted
that the Department of Health and Social Services (DHSS) has
been working with the Department of Law and the Ombudsman's
Office to produce a committee substitute. He entertained a
motion to adopt the work draft.
2:26:03 PM
SENATOR VON IMHOF moved to adopt the work draft CS for SB 81,
labeled 30-GS1676\D, as the working document.
2:26:15 PM
CHAIR WILSON objected for purposes of discussion.
2:26:27 PM
STACIE KRALY, Chief Assistant Attorney General, Civil Division,
Human Services Section, Department of Law, said SB 81 is a
technical bill to make corrections to the background check
process used by DHSS, as well as to make some small changes to
the licensing statutes found in AS 47.32. The background checks
statute has been on the books for 15 years and needs a few
technical adjustments. She reminded members that in the last
meeting DOL said it would meet with committee staff, staff from
the other body, and the Ombudsman's Office to develop a
committee substitute to address the concerns raised by the
Ombudsman's Office.
2:27:47 PM
MS. KRALY reviewed the following summary of changes in CSSB 81,
version D:
Section 1 contains the amendment requested by the
Department of Public Safety to ensure compliance with
federal laws relating to the sharing of criminal
history information with the Department of Health and
Social Services.
Section 2 contains a technical fix that removes the
word "registry" and instead refers to databases to
avoid the concern raised by the Ombudsman regarding
confusion over the term "registry."
Old Section 7 was deleted as it was determined in
consultation with legislative legal the section was
redundant. It was determined that keeping what is now
section 7 in the CS was sufficient to require relative
placement to have background checks.
Section 10 is re-written to address the concerns
raised by the Ombudsman's office. Specifically, the
rewrite:
• Removes the confusion caused by using the word
"registry." Similar to Sections 2, 8, 18, and 21,
the change redefines registry to "databases";
2:29:28 PM
SENATOR MICCICHE asked if this was an attempt to delete the word
"registry" from the legal definitions because certain groups
have decided they are sensitive to that term. He asked if it is
a registry or a database and if the term "registry" would ever
be used again.
MS. KRALY said registries still exist in state law and this bill
still has a registry. In this context, a registry was not
created. The reason for removing the word "registry" from the
bill is that it indicated that the state was creating a
registry, which is not the case. It was renamed a civil history
database check because it is a more accurate representation of
what is happening.
2:31:12 PM
MS. KRALY continued to review the changes to Section 10.
• Clarifies that the department is looking to
evaluate health, safety, and welfare issues when
reviewing databases related to licensed entities,
not technical violations that may lead to a
nonrenewal, suspension or revocation of a
license;
• Clarifies that the department is looking to
identify persons whose children are subjects of a
child in need of aid petition;
• ?Clarifies that the department is looking to
evaluate health, safety, and welfare issues when
reviewing databases related to licensed providers
(occupational licensing under AS 08), not
unrelated technical violations;
• Adds that a person who works for the state not
just the Department of Health and Social Services
is subject to a barring condition if they are
terminated from employment for a substantiated
allegation of assaultive, neglectful, or
exploitive behavior.
Section 12 is amended as requested by the Ombudsman's
Office to clarify persons who are seeking variances
have access to information they need to pursue a
variance.
Section 14 adds a new section to effectuate the access
of information under AS 47.10 for variance committees.
Section 17 (former Section 16) contains a technical
fix that remove the word "registry" that refer to
databases to avoid confusion as articulated by the
Ombudsman.
Section 19 (former Section 18) removes the qualifier
of "unsupervised" before "volunteer" as to persons who
can be investigated. The Department wants to be able
to investigate any volunteer unsupervised or
otherwise who has engaged in abusive, neglectful, or
exploitative behavior against a child or adult in
care.
Sections 20 is added to this CS to amend AS
47.32.140(d) to remove the word "registry" and instead
refer to databases to avoid the concern raised by the
Ombudsman regarding confusion over the term
"registry."
Section 22 (former Section 20) is amended to add a new
subsection to clarify that information can be shared
with law enforcement if that information is from a
concurrent investigation.
2:34:34 PM
CHAIR WILSON removed his objection. Finding no further
objection, CSSB 81, version D, was adopted.
2:35:17 PM
KATE BURKHART, Ombudsman, Alaska Office of the Ombudsman,
Legislative Agencies and Offices, said the committee substitute
addresses the concerns of the Office of the Ombudsman,
particularly around whether a substantiated report of harm was
sufficient cause for a 10-year barrier. She was duly convinced
of that many people involved in a substantiated claim would not
be part of a Child in Need of Aid action because they are not a
parent. They would want to sweep those up in the background
check program. The committee substitute strengthens the
background check program, which is a critical component to the
child protection system, as well as those professions that serve
vulnerable children and adults.
2:37:07 PM
CHAIR WILSON held SB 81 in committee.
2:37:42 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee at 2:37 p.m.