Legislature(2021 - 2022)BUTROVICH 205
04/20/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB67 | |
| SB78 | |
| SB80 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 67 | TELECONFERENCED | |
| += | SB 78 | TELECONFERENCED | |
| += | SB 80 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
April 20, 2021
1:32 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Shelley Hughes, Vice Chair
Senator Mia Costello
Senator Lora Reinbold
Senator Tom Begich
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 67
"An Act relating to the licensure of nursing professionals;
relating to a multistate nurse licensure compact; and providing
for an effective date."
- FAILED TO MOVE OUT OF COMMITTEE
SENATE BILL NO. 78
"An Act relating to telehealth."
- MOVED CSSB 78(HSS) OUT OF COMMITTEE
SENATE BILL NO. 80
"An Act relating to mental health education."
- MOVED CSSB 80(HSS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 67
SHORT TITLE: NURSING: LICENSURE; MULTISTATE COMPACT
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/03/21 (S) READ THE FIRST TIME - REFERRALS
02/03/21 (S) HSS, L&C
02/23/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/23/21 (S) Heard & Held
02/23/21 (S) MINUTE(HSS)
02/25/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/25/21 (S) -- Public Testimony --
04/15/21 (S) HSS AT 1:30 PM BUTROVICH 205
04/15/21 (S) Heard & Held
04/15/21 (S) MINUTE(HSS)
04/20/21 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 78
SHORT TITLE: HEALTH CARE SERVICES BY TELEHEALTH
SPONSOR(s): LABOR & COMMERCE
02/10/21 (S) READ THE FIRST TIME - REFERRALS
02/10/21 (S) HSS, L&C
03/02/21 (S) HSS AT 1:30 PM BUTROVICH 205
03/02/21 (S) Heard & Held
03/02/21 (S) MINUTE(HSS)
04/09/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/09/21 (S) -- MEETING CANCELED --
04/15/21 (S) HSS AT 1:30 PM BUTROVICH 205
04/15/21 (S) Scheduled but Not Heard
04/20/21 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 80
SHORT TITLE: PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION
SPONSOR(s): GRAY-JACKSON
02/12/21 (S) READ THE FIRST TIME - REFERRALS
02/12/21 (S) EDC, HSS, FIN
03/10/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/10/21 (S) Heard & Held
03/10/21 (S) MINUTE(EDC)
03/19/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/19/21 (S) -- Invited & Public Testimony --
03/22/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/22/21 (S) Moved CSSB 80(EDC) Out of Committee
03/22/21 (S) MINUTE(EDC)
03/24/21 (S) EDC RPT CS 1DP 2NR SAME TITLE
03/24/21 (S) NR: HOLLAND, HUGHES
03/24/21 (S) DP: BEGICH
04/06/21 (S) HSS AT 1:30 PM BUTROVICH 205
04/06/21 (S) Heard & Held
04/06/21 (S) MINUTE(HSS)
04/15/21 (S) HSS AT 1:30 PM BUTROVICH 205
04/15/21 (S) Scheduled but Not Heard
04/20/21 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
SARA CHAMBERS, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions on SB 67.
REBECCA Fotsch, Director
State Advocacy and Legislative Affairs
National Council of State Boards of Nursing
Chicago, Illinois
POSITION STATEMENT: Answered questions on SB 67.
DANETTE SCHLOEDER, Chair
Alaska Board of Nursing
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 67.
KATIE MCCALL, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented and overview of SB 78.
SENATOR ELVI GRAY-JACKSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 80.
ACTION NARRATIVE
1:32:36 PM
CHAIR DAVID WILSON 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 Costello, Reinbold, Begich, Hughes,
and Chair Wilson.
SB 67-NURSING: LICENSURE; MULTISTATE COMPACT
1:33:18 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 67
"An Act relating to the licensure of nursing professionals;
relating to a multistate nurse licensure compact; and providing
for an effective date."
He noted the committee heard an overview of the bill and a
sectional analysis and took public testimony at previous
hearings.
CHAIR WILSON recalled the committee began the amendment process
on April 15. There was a motion pending to adopt Amendment 4 and
an objection for the purpose of discussion. He asked Senator
Begich to refresh the committee's memories about the amendment.
1:34:30 PM
SENATOR BEGICH stated Amendment 4, under AS 08.68.330, adds the
requirement that multistate licensed nurses successfully
complete two hours of board approved Alaska Native cultures
training. He noted that Alaska is unique, as twenty-one percent
of its population is comprised of indigenous peoples.
CHAIR WILSON remarked that the purpose of the meeting is to
discuss whether the amendments will negatively impact the
nursing compact.
1:35:40 PM
SARA CHAMBERS, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development, Juneau, Alaska, stated a foundational
concept of the Nurse Licensure Compact (NLC) is that states
cannot impose additional preemployment restrictions on nurses.
Amendment 4 would be a restriction and kill the bill.
Previously, members inquired whether the training could be
required after a nurse is hired. She suggested Ms. Fotsch speak
to that consideration.
1:37:28 PM
REBECCA Fotsch, Director, State Advocacy and Legislative
Affairs, National Council of State Boards of Nursing, Chicago,
Illinois, commented that she could check with the attorney for
the Nurse Licensure Compact (NLC) to determine whether the
amendment would be considered a material deviation from the
agreement. The requirement is a problem because it would
decrease efficiency and fluid mobility. Nurses would need to
keep track of what each state requires.
SENATOR REINBOLD commented that Amendment 4 is respectful to
Alaska Natives and people living in remote areas, but she does
not like to yield authority to a compact she has not seen. She
asserted training could be accomplished during the nurse's
flight to Alaska. She does not like the compact's lack of
flexibility. She will vote for the amendment.
1:39:52 PM
SENATOR BEGICH stated that a state cedes its ability to regulate
nurses when it joins the compact. His goal is to protect the
state's interest. The state will not be able to make changes
unless every state in the compact accepts it. He is concerned
that the state would be surrendering sovereignty and expressed a
desire to have an attorney determine if Amendment 4 could be
accepted by the compact.
CHAIR WILSON noted nurses licensed in Alaska currently are not
required to take a course in Alaska Native cultures. He asked
Danette Schloeder to comment.
1:41:59 PM
DANETTE SCHLOEDER, Chair, Alaska Board of Nursing, Anchorage,
Alaska, replied correct; Amendment 4 would only apply to nurses
working under a multistate license and not nurses who chose to
have a single state license. She said the value of cultural
education would benefit all healthcare providers, not just
multistate licensed nurses.
SENATOR HUGHES expressed disappointment that the department had
not learned whether Amendment 4 would be a problem for the
compact. Many nurses in her district want a multistate license.
She agreed with Ms. Schloeder that cultural training for all
healthcare providers would be ideal, but it is not in the
committee's purview. She remarked that problems with SB 67 can
be addressed in the next committee of referral.
1:44:04 PM
CHAIR WILSON removed his objection; finding no further
objection, Amendment 4 passed.
He asked Ms. Chambers if she had any final comments.
MS. CHAMBERS replied that there are misunderstandings about SB
67. She clarified that the entire compact is included in the
bill. The bill document, SB 67, is the compact.
She continued that it is not true that entering the compact
causes the state to lose its ability to govern the practice of
nursing. The Alaska Board of Nursing governs the practice and
discipline of nursing in Alaska. The board can adopt regulations
to respond to needs in the practice of nursing.
Most of Alaska's nurses are from out of state. There are twenty
thousand nurses in the state of Alaska. They are not all
residents. Currently, the department does not require what the
members are concerned about. The multistate license provides a
faster way for nurses, who qualify at higher standards, to
practice in Alaska. That is all it does; the rest of the
jurisdiction stays with the Alaska Board of Nursing.
She would like to alleviate concerns, misunderstands or
questions the committee has. SB 67 gets highly qualified nurses
to Alaska practicing under the jurisdiction of the Alaska Board
of Nursing.
1:46:58 PM
SENATOR BEGICH challenged the claim that most of Alaska's nurses
are from outside the state and requested evidence. The committee
was informed that the state cannot amend the compact without
approval from all compact states. He contended that the compact
would disallow any regulatory changes that materially impact the
agreement and the legislature would not be able to amend
statutes without approval. He asked Ms. Chambers to explain if
he is wrong.
SENATOR REINBOLD agreed that testimony was conflicting. She will
vote no on SB 67 because it undermines legislative authority and
decreases state sovereignty. The Alaska Alliance on Retired
Americans, the American Federation of Labor and Congress of
Industrial Organizations (AFL-CIO) and the Alaska Nurses
Association provided solid reasons for voting no on SB 67.
CHAIR WILSON solicited a motion to move the bill from committee.
1:49:41 PM
SENATOR HUGHES moved to report SB 67, work order 32-GS1603\A as
amended, from committee with individual recommendations and
attached fiscal note(s).
1:49:50 PM
SENATOR REINBOLD objected.
1:50:16 PM
A roll call vote was taken. Senators Hughes and Wilson voted in
favor of the motion to move SB 67 as amended from committee and
Senators Costello, Reinbold, and Begich voted against it.
Therefore, the motion failed 2:3.
CHAIR WILSON announced that with a vote of 2 yeas and 3 nays, SB
67 failed to move from the Senate Health and Social Services
Committee.
SB 78-HEALTH CARE SERVICES BY TELEHEALTH
1:50:28 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 78
"An Act relating to telehealth."
SENATOR COSTELLO stated that Governor Dunleavy introduced
legislation extending the disaster declaration retroactively and
into the future. She opined that Alaskans are ready to move into
a recovery phase so it would be better to make laws that are
COVID aware. The Labor and Commerce Committee introduced a suite
of bills to determine whether practices, which began following
the disaster declaration, would be allowed to continue. SB 78 is
one of those bills.
1:52:38 PM
KATIE MCCALL, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, stated SB 78 was taken from Section
6 of the Governor's disaster declaration bill. It allows
licensed healthcare providers and nurses to provide services
through telehealth in their licensed field.
1:53:56 PM
CHAIR WILSON moved Amendment 1.
AMENDMENT 1
32-LS0532\A.1
Fisher
4/14/21
OFFERED IN THE SENATE BY SENATOR WILSON
TO: SB 78
Page 1, following line 2:
Insert new bill sections to read:
"* Section 1. AS 08.15 is amended by adding a new
section to read:
Sec. 08.15.045. Telehealth. (a) A person licensed
under this chapter may practice behavior analysis
through telehealth as defined in AS 47.05.270(e). A
person licensed to practice behavior analysis in
another jurisdiction may practice behavior analysis
through telehealth with a patient in this state if the
person's license is in good standing in that
jurisdiction.
(b) If a person licensed to practice behavior
analysis determines in the course of a telehealth
encounter with a patient that the encounter will
extend beyond the licensee's authorized scope of
practice, the licensee shall advise the patient that
the licensee is not authorized to provide the services
to the patient, recommend that the patient contact an
appropriate provider, and terminate the encounter. The
licensee may not charge for services provided during
an encounter described in this subsection.
(c) A fee for a service provided through
telehealth under this section must be reasonable and
consistent with the ordinary fee typically charged for
that service and may not be more than five percent
above the ordinary fee typically charged for that
service.
* Sec. 2. AS 08.29 is amended by adding a new
section to article 3 to read:
Sec. 08.29.240. Telehealth. (a) A person licensed
under this chapter may practice professional
counseling through telehealth as defined in
AS 47.05.270(e). A person licensed to practice
professional counseling in another jurisdiction may
practice professional counseling through telehealth
with a client in this state if the person's license is
in good standing in that jurisdiction.
(b) If a person licensed to practice
professional counseling determines in the course of a
telehealth encounter with a client that the encounter
will extend beyond the scope of practice or scope of
services permitted under (a) of this section, the
licensee shall advise the client that the licensee is
not authorized to provide the services to the client,
recommend that the client contact an appropriate
provider, and terminate the encounter. The licensee
may not charge for services provided during an
encounter described in this subsection.
(c) A fee for a service provided through
telehealth under this section must be reasonable and
consistent with the ordinary fee typically charged for
that service and may not be more than five percent
above the ordinary fee typically charged for that
service.
* Sec. 3. AS 08.63 is amended by adding a new
section to read:
Sec. 08.63.250. Telehealth. (a) A person licensed
under this chapter may practice marital and family
therapy through telehealth as defined in
AS 47.05.270(e). A person licensed to practice marital
and family therapy in another jurisdiction may
practice marital and family therapy through telehealth
with a client in this state if the person's license is
in good standing in that jurisdiction.
(b) If a person licensed to practice marital and
family therapy determines in the course of a
telehealth encounter with a client that the encounter
will extend beyond the scope of practice or scope of
services permitted under (a) of this section, the
licensee shall advise the client that the licensee is
not authorized to provide the services to the client,
recommend that the client contact an appropriate
provider, and terminate the encounter. The licensee
may not charge for services provided during an
encounter described in this subsection.
(c) A fee for a service provided through
telehealth under this section must be reasonable and
consistent with the ordinary fee typically charged for
that service and may not be more than five percent
above the ordinary fee typically charged for that
service."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 4"
Renumber the following bill sections accordingly.
Page 3, following line 31:
Insert a new bill section to read:
"* Sec. 8. AS 08.86 is amended by adding a new
section to article 6 to read:
Sec. 08.86.225. Telehealth. (a) A psychologist or
psychological associate licensed under this chapter
may practice psychology or provide psychological
services, as applicable, through telehealth as defined
in AS 47.05.270(e). A person licensed to practice
psychology or provide psychological services in
another jurisdiction may practice psychology or
provide psychological services through telehealth with
a client in this state if the person's license is in
good standing in that jurisdiction.
(b) If a person licensed to practice psychology
or provide psychological services determines in the
course of a telehealth encounter with a client that
the encounter will extend beyond the scope of practice
or scope of services permitted under (a) of this
section, the licensee shall advise the client that the
licensee is not authorized to provide the services to
the client, recommend that the client contact an
appropriate provider, and terminate the encounter. The
licensee may not charge for services provided during
an encounter described in this subsection.
(c) A fee for a service provided through
telehealth under this section must be reasonable and
consistent with the ordinary fee typically charged for
that service and may not be more than five percent
above the ordinary fee typically charged for that
service."
SENATOR HUGHES objected for purposes of discussion.
1:54:09 PM
CHAIR WILSON explained that SB 78 attempts to fix a parity in
Alaska's healthcare services by allowing behavioral healthcare
providers to participate in telehealth services. There is a need
to change the behavioral healthcare section of the Governor's
disaster declaration bill to codified law. He stated there is a
follow up amendment regarding behavioral healthcare providers
that removes the pay parity section.
1:55:11 PM
At ease
1:56:21 PM
CHAIR WILSON reconvened the meeting.
SENATOR REINBOLD stated she supports telehealth. She continues
to be a strong proponent of the established patient in-person
meeting requirement. She commented that if any members have
conflicts of interest, they need to be forthright and put it on
the record.
1:57:21 PM
SENATOR HUGHES withdrew her objection.
1:57:28 PM
CHAIR WILSON found no further objection and Amendment 1 passed.
1:57:38 PM
SENATOR HUGHES moved Amendment 2.
AMENDMENT 2
32-LS0532\A.2
Fisher
4/12/21
OFFERED IN THE SENATE BY SENATOR HUGHES
TO: SB 78
Page 2, lines 22 - 24:
Delete "consistent with the ordinary fees
typically charged for that service and may not be more
than five percent above the ordinary fees typically
charged for that service"
Insert "may not exceed the ordinary fees
typically charged for that service"
Page 3, lines 25 - 27:
Delete "consistent with the ordinary fees
typically charged for that service and may not be more
than five percent above the ordinary fees typically
charged for that service"
Insert "may not exceed the ordinary fees
typically charged for that service"
CHAIR WILSON objected for purposes of discussion.
1:57:52 PM
SENATOR HUGHES read Amendment 2 and stated there is no reason
for a telehealth provider's fee to be more than an in-office
visit. Telehealth is a savings to the provider, requires less
staff and appointments are typically shorter. The purpose of the
amendment is to remove the additional five percent fee allowance
because there is no justification for it.
SENATOR COSTELLO stated she supports Amendment 2. She asked if
Amendment 2 was written with contemplation of Amendment 1
passing so that language regarding the five percent fee was
consistent.
CHAIR WILSON replied that for the record Amendment 2 would cover
both the bill and Amendment 1. Drafters at Legislative Legal
Services will make the conforming changes.
2:00:00 PM
CHAIR WILSON withdrew his objection and asked if there was
further objection; finding none, Amendment 2 passed.
SENATOR REINBOLD stated she understands the need for the bill
but struggled with page 3 line 16-18 and line 12, which removes
the established provider requirement to meet in-person at least
once. She is unsure how she will vote on the floor but will not
hold up the bill.
SENATOR HUGHES asked if the Alaska Medical Association commented
on the removal of the established patient requirement of at
least one in-person visit. An in-person exam is foundational to
most medical care. She asked if there are restrictions in place
prohibiting telehealth providers from diagnosing and treating
conditions that should be done in-person.
2:02:20 PM
SENATOR COSTELLO responded that in context of last year's
disaster declaration, the state was allowed to waive every
regulation and law, which is why the environment of a disaster
should be seriously considered. She stated she spoke with the
Alaska Medical Association. SB 78 was drafted to address changes
brought about by the disaster declaration.
Changes to Alaska hire was one of those concerns. She opined
that she did not necessarily want people to get care from
doctors who are not licensed in Alaska. In her initial
discussion with the state administration, she was told some
Alaskans were established patients of out of state doctors. Due
to the COVID environment, they could not fly outside of the
state to receive care. Instead, they received care through
telemedicine. In-person visits are also valued. She does want
Alaskans to see Alaska licensed doctors. SB 78 will go to the
Labor and Commerce Committee next. It is her intent to place a
sunset date on the bill. She stated she will work with Senator
Begich's office on language related to Alaska hire.
She commented that the telehealth measures that were passed were
of value during the COVID time period because they allowed the
elderly and fragile to continue receiving care. Many Alaskans
like receiving mental health treatments online. Telehealth is
something to appreciate. SB 78 tries to bridge the gap of what
was done under the pandemic environment and how we move forward
without a disaster declaration. She stated she will consider the
points made and intents to make improvements to the bill before
it goes to the floor.
2:05:42 PM
SENATOR REINBOLD shared that she is not in favor of the bill
because the Alaska State Medical Association is not. She opined
that the disaster declaration by the Governor should not have
lasted more than 30 days and might have been an abuse of power.
Waiving statutes and regulations should be done through the
administrative regulation review committee with legislature
approval.
SENATOR BEGICH asked for the word jurisdiction to be defined in
Section 2 line 11 and Section 4 line 13 14. He will vote to
move SB 78.
2:08:21 PM
SENATOR HUGHES stated she will support SB 78. She stated there
is a wide range of services providers can offer; not all of them
are appropriate without an in-person physical examination. She
respects the Alaska Medical Association and opined that this is
a concern for them. She asked that a providers scope of
practice be limited to only services that do not require a
physical exam.
CHAIR WILSON noted that Labor and Commerce is the next committee
of referral, and the intent is to move the bill so that
committees can continue refining it.
2:10:29 PM
CHAIR WILSON solicited a motion to move the bill from committee.
2:10:41 PM
SENATOR HUGHES moved SB 78, work order 32-LS0532\A as amended,
from committee with individual recommendations and attached
fiscal notes (s).
2:10:48 PM
SENATOR REINBOLD objected.
2:10:52 PM
CHAIR WILSON called for a roll call vote.
A roll call vote was taken. Senators Begich, Hughes, Costello,
and Wilson voted in favor of reporting SB 78 as amended from
committee and Senator Reinbold voted against it. Therefore, the
motion passed by a 4:1 vote.
CHAIR WILSON announced that with 4 yeas and 1 nay, CSSB 78(HSS)
moved from the Senate Health and Social Services Standing
Committee.
2:11:33 PM
At ease
SB 80-PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION
2:14:28 PM
CHAIR WILSON reconvened the meeting and announced the
consideration SENATE BILL NO. 80
"An Act relating to mental health education."
An overview of the bill, sectional analysis and public testimony
were heard on April 6.
SENATOR ELVI GRAY-JACKSON, Alaska State Legislature, Juneau,
Alaska, read her sponsor statement:
SB 80 amends the existing health education curriculum
statute to include mental health curriculum in all K-
12 health classrooms to adequately educate students on
vital information pertaining to mental health
symptoms, resources, and treatment. Currently, the
health curriculum guidelines include prevention and
treatment of diseases; learning about "good" health
practices including diet, exercise, and personal
hygiene; and "bad" health habits such as substance
abuse, alcoholism, and patterns of physical abuse. But
the guidelines do not address mental health. Following
passage of SB80, the Alaska State Board of Education
and Early Development and the Alaska Department of
Education and Early Development (DEED) will develop
guidelines for instruction in mental health in
consultation with the Alaska Department of Health and
Social Services (DHSS) and representatives of
national, state, and tribal mental health
organizations. Such organizations include, but are not
limited to, the National Council for Behavioral
Health, Providence Health and Services Alaska,
Southcentral Foundation, Anchorage Community Mental
Health Services, Inc., North Star Behavioral Health
System, and the National Alliance on Mental Health
Illness Alaska. The standards will be developed in
consultation with counselors, educators, students,
administrators, and other mental health organizations
to form effective guidelines for school boards,
teachers, and students. After standards have been
developed, the Alaska State Board of Education and
Early Development and DEED will be responsible for
implementation throughout the Alaska school system. As
with existing health education curriculum, the DEED,
the DHSS, and the Council on Domestic Violence and
Sexual Assault will provide technical assistance to
school districts in the development of personal safety
curricula. An existing school health education
specialist position will assist in coordinating the
program statewide. The State has a responsibility to
treat the current mental health crisis in Alaska as a
serious public health issue. By creating mental health
education standards and encouraging schools to teach a
mental health curriculum, SB80 aims to decrease the
stigma surrounding mental illnesses and increase
students' knowledge of mental health, encouraging
conversation around and understanding of the issue.
2:17:31 PM
SENATOR GRAY-JACKSON recalled there was an amendment by Senator
Begich that changed the bill.
SENATOR BEGICH replied that language was made more general so
more entities could participate in creating the curriculum. It
was confirmed in the [education] committee that the Department
of Education and Early Development (DEED) would oversee writing
the curriculum.
SENATOR HUGHES mentioned that she was concerned about age
appropriateness of curriculum content and young children being
unduly influenced.
SENATOR GRAY-JACKSON responded the amendment was made in the
education committee and that during the meeting several
questions were asked. She stated her office provided follow-up
answers to all questions asked by the education committee.
SENATOR REINBOLD informed members that she did research and
found there are organizations, such as the Alaska Parental
Rights organization, that oppose the bill. She determined that
the bill crosses the domain of family boundaries. She believes
parents should focus on a child's mental capacity, health and
sexuality and let schools focus on education. Content in
education is being increasingly infiltrated by social, sexual
and political agendas that can harm children and undermine
parental rights.
2:22:33 PM
CHAIR WILSON moved Amendment 1.
AMENDMENT 1
32-LS0514\B.4
Klein
4/12/21
OFFERED IN THE SENATE BY SENATOR WILSON
TO: CSSB 80(EDC)
Page 2, following line 17:
Insert a new bill section to read:
"* Sec. 4. AS 14.30.360 is amended by adding a new
subsection to read:
(e) A district may not instruct a student in
mental health as part of a program in health education
under (a) of this section without informed consent
from the student's parent or guardian. The district
shall inform the child's parent or guardian, in the
native language of the parent or guardian, of the
time, date, and content of the mental health
instruction, that consent is voluntary, and that
consent may be revoked at any time. Before instructing
a student in mental health, the district shall obtain
written consent from the parent or guardian indicating
that the parent or guardian understands and agrees to
the student's participation in the mental health
instruction."
Renumber the following bill section accordingly.
2:22:42 PM
SENATOR HUGHES objected for purposes of discussion.
CHAIR WILSON stated Amendment 1 would start on page 2 line 17.
He read Amendment 1. He stated he supports mental health
education in the schools, but constituents desired to have
parents be informed of curriculum content and provide permission
to attend.
SENATOR REINBOLD asked if the program would be opt-in elective
only, with parental permission.
CHAIR WILSON replied yes; that is the intent of the amendment.
SENATOR HUGHES stated she heard the same request from parents
and had a similar bill in place. She thanked Chair Wilson for
bringing his amendment forward.
SENATOR COSTELLO commented that she also had been contacted by
parents and had been working on an amendment before realizing
Chair Wilson had an amendment in place.
SENATOR BEGICH commented that Amendment 1 seems like and option
on top of an option. The bill creates the option for each school
district to provide mental health as part of its healthcare
education. Other elements of health education do not require
parental consent. He understands but does not support the opt-in
requirement. He does not see how the bill is a threat to parents
or students. He opposes the idea because students most in need
can be kept from the curriculum. However, he will support the
amendment.
2:27:03 PM
SENATOR HUGHES removed her objection.
CHAIR WILSON asked if there was further objection; finding none,
Amendment 1 was passed.
SENATOR HUGHES stated she appreciates the heart of the sponsor
and students but has concerns about the bill. The bill, not
passing, does not prevent local school boards from developing a
mental health curriculum. She wants mental health destigmatized,
and students informed on mental health resources. The scope of
the bill is too wide. Pinning mental health in adolescent
education narrowly to depression and suicide would be better.
The bill has a de-preparing curriculum that is not required to
be used by districts. Curriculum prepared at the state level
loses local control. She believes mental health education should
be at the district level.
2:29:20 PM
CHAIR WILSON solicited a motion to move the bill from committee.
SENATOR HUGHES moved to report the proposed committee substitute
(CS) for SB 80, work order 32-LS0514\B as amended, from
committee with individual recommendations and attached fiscal
notes (s).
SENATOR HUGHES objected.
CHAIR WILSON asked for a roll call vote.
2:29:43 PM
A roll call vote was taken. Senators Costello, Begich, and
Wilson voted in favor of reporting SB 80 as amended from
committee and Senators Hughes and Reinbold voted against it.
Therefore, the motion passed by a 3:2 vote.
CHAIR WILSON stated that with 3 yeas and 2 nays, CSSB 80(HSS)
moved from the Senate Health and Social Services Standing
Committee.
2:30:50 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee meeting at 2:30 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 78 NORD Ltr of Support.pdf |
SHSS 4/20/2021 1:30:00 PM |
SB 78 |
| SB 80 Public Input 4.20.21 Redacted.pdf |
SHSS 4/20/2021 1:30:00 PM |
SB 80 |
| SB 78 Adopted Amendments 4.20.21.pdf |
SHSS 4/20/2021 1:30:00 PM |
SB 78 |
| SB 80 Amendment B.4 Wilson.pdf |
SHSS 4/20/2021 1:30:00 PM |
SB 80 |