Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/03/2023 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB94 | |
| SB89 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 94 | TELECONFERENCED | |
| += | SB 89 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
April 3, 2023
1:32 p.m.
MEMBERS PRESENT
Senator Jesse Bjorkman, Chair
Senator Click Bishop, Vice Chair
Senator Elvi Gray-Jackson
Senator Kelly Merrick
Senator Forrest Dunbar
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 94
"An Act relating to the Board of Pharmacy; relating to the
practice of pharmacy; relating to pharmacies; relating to
prescription drug manufacturers; relating to prescriptions for
epinephrine; relating to the administration of epinephrine; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 89
"An Act relating to tobacco, tobacco products, electronic
smoking products, nicotine, and products containing nicotine;
raising the minimum age to purchase, sell, exchange, or possess
tobacco, a product containing nicotine, or an electronic smoking
product; relating to the taxation of electronic smoking products
and vapor products; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 94
SHORT TITLE: PROFESSION OF PHARMACY
SPONSOR(s): SENATOR(s) GIESSEL BY REQUEST
03/08/23 (S) READ THE FIRST TIME - REFERRALS
03/08/23 (S) L&C, FIN
04/03/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 89
SHORT TITLE: AGE FOR TOBACCO/NICOTINE/E-CIG; TAX E-CIG
SPONSOR(s): SENATOR(s) STEVENS
03/01/23 (S) READ THE FIRST TIME - REFERRALS
03/01/23 (S) L&C, FIN
03/24/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/24/23 (S) Heard & Held
03/24/23 (S) MINUTE(L&C)
03/31/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/31/23 (S) Heard & Held
03/31/23 (S) MINUTE(L&C)
04/03/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR CATHY GIESSEL, District E
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 94.
REPRESENTATIVE JUSTIN RUFFRIDGE, District 7
Alaska State Legislature
Soldotna, Alaska
POSITION STATEMENT: Testified as the sponsor of the House
companion bill in support of SB 94.
JANE CONWAY, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Paraphrased the sectional analysis for SB
94.
BRANDY SEIGNEMARTIN, Executive Director
Alaska Pharmacists Association
Eagle River, Alaska
POSITION STATEMENT: Stated support for SB 94.
ASHLEY SCHABER, Chair
Board of Pharmacy
Anchorage, Alaska
POSITION STATEMENT: Gave a presentation on SB 94.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered a recap of SB 89.
JOE DARNELL, Chief Investigator
Tobacco Enforcement & Youth Education
Department of Health (DOH)
Anchorage, Alaska
POSITION STATEMENT: Answered questions about SB 89.
SYLVAN ROBB, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions about SB 89.
MEGAN BOELTER, JD, Western Regional Director
Preventing Tobacco Addiction Foundation
Las Cruces, New Mexico
POSITION STATEMENT: Testified in support of SB 89.
JUNE ROGERS, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 89.
JASON JONES, Owner
Legion Vapor
Eagle River, Alaska
POSITION STATEMENT: During the hearing on SB 89, gave public
testimony on the effects of a heavy tax burden on vape shops.
TABITHA BLADES, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified in support of SB 89.
ACTION NARRATIVE
1:32:00 PM
CHAIR JESSE BJORKMAN called the Senate Labor and Commerce
Standing Committee meeting to order at 1:32 p.m. Present at the
call to order were Senators Gray-Jackson, Dunbar, Merrick, and
Chair Bjorkman. Senator Bishop joined the meeting thereafter.
SB 94-PROFESSION OF PHARMACY
1:32:56 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO. 94
"An Act relating to the Board of Pharmacy; relating to the
practice of pharmacy; relating to pharmacies; relating to
prescription drug manufacturers; relating to prescriptions for
epinephrine; relating to the administration of epinephrine; and
providing for an effective date."
He asked the sponsor to introduce the bill.
1:33:17 PM
SENATOR CATHY GIESSEL, District E, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 94, stated that the goal of the
bill is to protect the public by ensuring the safe practice of
Alaskan pharmacists. This bill updates obsolete statutes. It is
a multi-year collaboration between multiple organizations,
multiple chairs of the Board of Pharmacy, and the Alaska
Pharmacist's Association. Pharmacology students, retirees, and
individuals from the Alaska Tribal Health System all support SB
94. She explained that the practice of pharmacology has evolved
over the last couple of decades and through the COVID-19
pandemic, at which time pharmacists fulfilled critical public
service roles. She described the changes SB 94 would make.
SENATOR GIESSEL spoke to the following sponsor statement:
[Original punctuation provided.]
Pharmacists and pharmacies are an integral part of
Alaska' healthcare system. It is important that the
Alaska statutes that guide them are updated and
reflect the services provided by modern-day
pharmacies.
Senate Bill 94 clarifies the Alaska Board of
Pharmacy's powers and duties to align with the federal
Drug Supply Chain and Security Act (DSCSA) related to
licensing and oversight of manufacturers, out-of-state
pharmacies, outsourcing facilities, and internet
pharmacies who conduct business in Alaska. In doing
so, these out-of-state entities will be held to the
same high standard as those operating in the state of
Alaska, helping to ensure Alaskans have access to
medications that are safe, no matter where they
originate.
SB 94 aligns Alaska's pharmacy board statutes with
similar boards in other states. It allows for it to
meaningfully recognize retired pharmacists and their
contributions. Stressing the importance of public
safety, SB94 would allow the board to institute a
national criminal background check for Alaska
pharmacists and pharmacy technicians. This would align
the Alaska Board of Pharmacy with the National
Association of Boards and Pharmacy Model State
Pharmacy Act.
The Executive Administrator plays a critical role in
the smooth functioning of the board and requires a
high degree of competency and understanding of the
complexities of pharmacy-related regulations and
issues. This bill gives Alaska's Division of
Professional Licensing flexibility to hire a qualified
pharmacist for this administrative role should one
apply.
The changes proposed in Senate Bill 94 reflect a
dedicated collaboration between the Alaska Board of
Pharmacy and the Alaska Pharmacists Association
(AKPhA) to modernize pharmacy practice statutes.
1:35:43 PM
REPRESENTATIVE JUSTIN RUFFRIDGE, District 7, Alaska State
Legislature, Juneau, Alaska, sponsor of the House companion bill
to SB 94, testified in support of SB 94. He announced that he
could answer questions as a pharmacist and former chairman of
the Board of Pharmacy. This bill and its companion in the other
body are the result of a collaboration of multiple chairs of the
Board of Pharmacy for right-touch regulations. This included
modernizing pharmacy regulations, repealing those that were out-
of-date, and implementing updates in compliance with federal
law. Many changes in the bill are a result of the Drug Supply
Chain and Security Act as well as the need to update licensing
requirements, especially for licensees of pharmacist and
pharmacist technician practices. Additionally, this bill allows
for changes to the Board of Pharmacy, such as allowing for
pharmacy technicians to be seated in lieu of a public member.
Finally, to increase access to the life-saving drug epinephrine,
SB 94 includes the prescribing of auto-injectors, or EpiPens, by
pharmacists trained in their use.
1:40:24 PM
JANE CONWAY, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, paraphrased the following sectional
analysis for SB 94:
[Original punctuation provided.]
Section 1. Amends AS 08.08.010(a) Creation and membership
of board; officers
Alters composition of the seven-member Board of Pharmacy
by designating one member to be a licensed pharmacy
technician, and one being an individual with no
financial interest in the healthcare industry
Section 2. Amends AS 08.80.030 Powers and Duties of Board
(b)(10) Separates out the licensing/regulating entities
relating to manufacturing and distributing of drugs and
devices by use of the word "or"
(b)(12) adds an epinephrine auto-injector training
program
(b)(14) Clarifies that only pharmacists who dispense
federally scheduled controlled substances be required to
register with the Prescription Drug Monitoring Program
(PDMP)
(b)(16) Adds pharmacies and manufacturers from out-of-
state to list of entities to be licensed and inspected
(b)(17) Adds internet-based pharmacies to list of
entities to be licensed if they are servicing Alaskans
(b)(18) adds language allowing the board to adopt
regulations pertaining to retired pharmacist status
Section 3. Amends 08.80.145 Reciprocity; license transfer
(3) removes character requirement - "of good moral
character"
(4) removes internship details this is a national
standard among schools of pharmacy
Renumbering of statute items
Section 4. Amends AS 08.80.157 Licensing of facilities
(k) this adds out-of-state pharmacies and manufacturers
to the list of entities that must be licensed
Section 5. Amends AS 08.80.159 Licensing and inspection of
facilities outside the state
(a) Adds "distributor, pharmacy, manufacturer" to those
out-of-state entities that must be licensed and
inspected, under the Drug Supply Chain and Security Act
Section 6. Amends AS 08.80.159 Licensing and inspection of
facilities outside the state
(c) adds "pharmacy and manufacturer" to list that may be
inspected if located outside the state
1:42:31 PM
Section 7. Amends AS 08.80.160 Fees
(10) Removes the word "registration" since the bill
mandates licensure of a facility
Section 8. Amends 08.80.168 and adds a new subsection
Administration of vaccines and related emergencies
(e) Allows a pharmacist to administer epinephrine to a
person or prescribe an epinephrine auto-injector to
someone who has completed the epinephrine auto-injector
training
Section 9. Amends AS 08.80.270 Executive administrator of
the board
(a) Adds an additional salary range option for the
executive administrator, allowing flexibility for the
Division to select a pharmacist for the role
Section 10. Amends AS 08.80.420 Certain advertising
prohibited
(a) adds the term "apothecary" to list of those that
cannot be used in media or advertising unless the store
employs a licensed pharmacist with regular hours
Section 11. Amends AS 12.62.400 National criminal history
record check
(a)(23) adds pharmacist and pharmacy tech to list of
professions where a background check is required. Aligns
with State of Alaska's nursing requirements and pharmacy
requirements typical in other states. This adds a
national level background check
Section 12. Amends AS 17.22.010 Prescription, purchase,
administration of epinephrine by a trained individual
Allows anyone over 18 to purchase or be prescribed an
epinephrine autoinjector, and to administer epinephrine
shot in an emergency to another person if they have
completed an epinephrine auto-injector training program
approved by the board. It removes very outdated language
from this section
Section 13. Amends AS 17.22.020(a) Approval of training
programs
(a) Allows the board, rather than the department, to
adopt standards for the epinephrine auto-injector
training program and deletes outdated language
Section 14. Amends AS 17.22.020(b) Approval of training
programs
(b) Allows the board, rather than the department, to
approve an epinephrine auto-injector training program
that meets the board's standards
Section 15. Amends AS 17.22.030 Applicability
States that this chapter does not apply to someone
currently authorized under another law to administer
epinephrine, such as a nurse or doctor, or some other
authorized professional
1:44:37 PM
Section 16. Amends AS 17.22.040 Liability of certified
individual
Outlines that a person may not be sued who administers
epinephrine to another in an emergency, and in good
faith, if he or she has completed the epinephrine auto-
injector training program approved by the board
Section 17. Amends AS 17.22.090 Definitions
(3) defines the "board" as the Board of Pharmacy
Section 18. Repeals AS 08.80.110(2) Qualifications for
licensure by examination
• Repeals (2) furnish the board with at least two
affidavits from reputable citizens that the
applicant has known for at least one year attesting
to the applicant's good moral character. This is
not required in medical, dentistry, or nursing
statutes.
• Repeals 08.80.158 Registration of pharmacies
located outside the state since this bill would now
require licensure
• Repeals AS 17.22.020(c) which is the Department's
epinephrine auto-injector training program
• Repeals AS 17.22.090(1) that defines the department
as the Dept of Health, since it will no longer be
the approving entity of the epinephrine auto-
injector training program
1:45:37 PM
Section 19. TRANSITION LANGUAGE for currently registered
pharmacies
A new section that would allow pharmacies previously
registered to continue to ship, mail or deliver
prescription drugs to its customers in Alaska until
their registration expires. At that time, they will then
have to apply for licensure.
Section 20. TRANSITION: REGULATIONS Allows the Board of
Pharmacy and DCCED to adopt regulations to carry out the
changes laid out in this legislation.
Section 21. Section 20 has an immediate effective date
under AS 01.10.070(c)
Section 22: Effective date is set to coincide with the
Drug Supply Chain and Security Act that will go into
effect on November 26, 2023.
1:47:04 PM
BRANDY SEIGNEMARTIN, Executive Director, Alaska Pharmacists
Association, Eagle River, Alaska, stated support for SB 94 and
Senator Giessel and offered to answer questions.
1:48:03 PM
ASHLEY SCHABER, Chair, Board of Pharmacy, Anchorage, Alaska,
gave a presentation on SB 94. She began on slide 3, and spoke to
the following points:
Background of SB 94
• Result of multi-year, multi-chair review of
statutes and regulations to ensure the Alaska
Board of Pharmacy can continue to meet its
mission
• SB 94 addresses changes by:
o Streamlining licensure process while
improving public safety
o Compliance with the Drug Supply Chain and
Security Act
o Alignment with other professional boards in
Alaska and pharmacy boards in other states
o Clarification of pharmacists' roles in
epinephrine access
• Collaborative effort between the Alaska Board of
Pharmacy and the Alaska Pharmacists Association
1:49:47 PM
SENATOR BISHOP joined the meeting.
1:50:23 PM
MS. SCHABER advanced to slide 4, and spoke to the following
points:
Goal: Streamline licensure process while improving
public safety
• Eliminates unnecessary forms currently required
in statute
• Clarifies that only pharmacists who dispense
controlled substances are required to register
with the Prescription Drug Monitoring Program
(PDMP)
• Adds national criminal background check
1:51:23 PM
MS. SCHABER advanced to slide 5, and spoke to the following
points:
Goal: Compliance with Drug Supply Chain and Security
Act
• The federal Drug Supply Chain and Security Act
(DSCSA) further secures the U.S. drug supply
through a system to prevent harmful drugs from
entering the supply chain, detect harmful drugs
if they do enter, and enable rapid response when
such drugs are found
o Boards of Pharmacy play a key role in this
process through appropriate licensing of
drug distributors and pharmacies
• SB 94 ensures the AK Board of Pharmacy powers and
duties support the DSCSA related to
manufacturers, out-of-state pharmacies, and
internet pharmacies to ensure Alaskans receive
safe medications
1:52:15 PM
MS. SCHABER advanced to slide 6, and spoke to the following
points:
Goal: Alignment
• Replaces one of the two public member seats with
a pharmacy technician seat
• Allows the board to adopt language for retired
pharmacist status
• Clarifies the board executive administrator's
salary, allowing flexibility for a pharmacist to
serve in this role in the future
1:53:42 PM
MS. SCHABER advanced to slide 7, and spoke to the following
points:
Goal: Epinephrine Access
• Moves epinephrine training program under Board of
Pharmacy oversight
• Clarifies that a pharmacist can administer
epinephrine to a person or prescribe epinephrine
auto-injectors to someone who has completed the
training program
• Increases epinephrine access for Alaskans with
anaphylactic emergencies
1:54:11 PM
MS. SCHABER advanced to slide 8, and spoke to the following
points:
Support
• The Board of Pharmacy respectfully requests your
support of SB 94, allowing us to further promote,
preserve, and protect the public health, safety,
and welfare of Alaskans by and through the
effective control and regulation of the practice
of pharmacy.
• Thank you for your time!
1:54:40 PM
CHAIR BJORKMAN thanked the presenter and held SB 94 in
committee.
1:54:46 PM
At ease.
SB 89-AGE FOR TOBACCO/NICOTINE/E-CIG; TAX E-CIG
1:57:15 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 89 "An Act relating to tobacco,
tobacco products, electronic smoking products, nicotine, and
products containing nicotine; raising the minimum age to
purchase, sell, exchange, or possess tobacco, a product
containing nicotine, or an electronic smoking product; relating
to the taxation of electronic smoking products and vapor
products; and providing for an effective date."
He asked Mr. Lamkin to give a brief recap of the bill.
1:57:44 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, offered a recap of SB 89. He
reminded the community that the bill's mission is primarily
about getting nicotine and e-cigarette products out of the hands
of Alaska's youth. He refuted previous public testimony,
stating:
• The statement that taxing e-cigarette products and
increasing the legal age to 21 years will increase the
burden on law enforcement is not true. These statutes have
been around for decades and are tools that are available to
law officers. It is not often that students are actually
cited, though these cases are increasing. In Alaska there
are different investigator classes, so each department can
hire their own enforcement arm, focusing on areas such as
licensing, tattoo parlors, and food stamp fraud.
• The statement that the tax rate is too high is not true.
Vape products are inexpensive he can provide receipts
that show he purchased e-cigarette items for $1. He can
provide local photos of e-cigarette products. He said the
pricing information on the internet shows that these
products are cheap.
He commented on out-of-state individuals that maintain that
Alaska doesn't have a problem with e-cigarette products in
schools. He related that he has been working on a database that
is comprised of a series of questions and answers between
himself and the schools:
• Are you seeing e-cigarettes in schools? Overwhelmingly yes.
• Are e-cigarettes on the rise in schools? Overwhelmingly
yes.
• Do you believe that vape products and e-cigarettes are
safe? Overwhelmingly no.
• As with alcohol, do you support raising the legal age to
buy/sell/possess e-cigarettes to age 21? Overwhelmingly
yes.
• Do you support establishing a 25 percent retail sales tax
on e-cigarettes as a way to deter youth initiation?
Overwhelmingly yes.
MR. LAMKIN reiterated that youth vaping is a problem that needs
to be addressed.
2:00:41 PM
SENATOR DUNBAR expressed concern that 19-year-olds and 20-year-
olds may lose employment opportunities. He asked whether the
sponsor had looked into the potential impacts of the 25 percent
tax, noting that some testifiers believed it might create a
black market. He asked whether vape products would still be
substantially cheaper than cigarettes after the 25 percent tax
was imposed.
MR. LAMKIN answered that it depends on who answers those
questions. Dr. Frank J. Chaloupka IV, a research professor and
arguably the nation's leading tobacco economist, has no problem
with the 25 percent retail tax and finds that it is at parity
with tobacco products.
2:03:20 PM
SENATOR DUNBAR asked whether he researched the impact the tax
might have had in Anchorage.
MR. LAMKIN replied that he is not sure that information was
available yet, but information from the Center for Disease
Control (CDC) historically has indicated that taxing tobacco and
cigarettes is the single most effective way to reduce
consumption of those products.
SENATOR DUNBAR focused his question. He said Anchorage has a
substantial vape tax that raises a lot of annual revenue. He
asked whether the changes Anchorage made actually increase
tobacco use or if it drove people to the black market. He
surmised that it would be prudent to consider potential negative
effects.
MR. LAMKIN said that kind of information would be highly
anecdotal; he wasnt aware of any empirical information. He
noted that it is difficult to obtain data on the black market,
but he was willing to pursue that question for the committee.
2:05:21 PM
SENATOR GRAY-JACKSON recalled that the tax used to be 50
percent, so the 25 percent rate was a compromise.
2:05:53 PM
CHAIR BJORKMAN asked whether it would be challenging to enforce
the bill.
2:06:30 PM
JOE DARNELL, Chief Investigator, Tobacco Enforcement & Youth
Education, Department of Health (DOH), Anchorage, Alaska,
answered questions about SB 89. He expressed that he did not see
any added workload for the department if this bill were to pass.
2:07:02 PM
SYLVAN ROBB, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development, Juneau, Alaska, answered questions about
SB 89. She replied that the division is currently enforcing the
age 21 tobacco law and would not see any change if the bill were
to pass.
2:07:33 PM
CHAIR DUNBAR reminded the public that they could submit written
testimony to slac@akleg.gov.
2:08:07 PM
CHAIR BJORKMAN opened public testimony on SB 89.
2:08:40 PM
MEGAN BOELTER, JD, Western Regional Director, Preventing Tobacco
Addiction Foundation, Las Cruces, New Mexico, testified in
support of SB 89. She stated that she is a public health law
attorney practicing in the area of tobacco control and related
disease for the past 18 years. For more than two decades the
foundation has worked with multiple state and health advocates
to raise the age for all tobacco and nicotine products to 21,
including supporting the similar bill that passed last year in
hopes of keeping cigarettes and dangerous nicotine products away
from vulnerable youth.
MS. BOELTER stated that this bill is a step to hold retailers
accountable for illegal sales of these products and not the
youth who have been captured by deceptive and predatory sales
tactics.
MS. BOELTER refuted the claims from some opponents. She stated
that a study published last year indicated that "Tobacco 21"
laws sizably reduced twelfth grade cigarette use, with a similar
impact across the lower grades. She stated that e-cigarettes
have not been FDA approved as cessation devices. The FDA had to
include a disclaimer on its website to refute misinformation
based on fraudulent industry claims, and advise that the use of
e-cigarettes tends to prolong the process of quitting smoking.
She said that SB 89 is consistent with federal law, Alaska's
Tobacco Enforcement and Youth Education Program, and military
policy.
2:11:48 PM
JUNE ROGERS, representing self, Fairbanks, Alaska, testified in
support of SB 89. She said she supports the age change to
conform to federal law. She has contacted legislators over the
years regarding health issues her family has undergone as a
result of tobacco use. She expressed her gratitude to people who
support the bill and suggested that it would be a step towards a
healthier community.
2:12:55 PM
JASON JONES, Owner, Legion Vapor, Eagle River, Alaska, gave
public testimony on the effects of a heavy tax burden on vape
shops. He commented that the age 21 rule has already been
enforced for the last three years.
He contended that a heavy tax burden was not a deterrent to
underage vapers; minors continued buying from black market
sources. He claimed that vape products can be purchased for as
little as $1 on a Chinese website.
MR. JONES differentiated vape shops from cannabis dispensaries
and other smoke shops, clarifying that he refers to vape-only
shops in that no other paraphernalia is in the inventory. He
noted that numerous vape shops have gone out of business while
stores that had varied inventory, such as gas stations and
headshops, had started to carry vape products. He lamented the
weight of having a high tax on everything in his shop. He noted
the loss of jobs and family businesses.
He mentioned that he is a father and shares the concerns of
parents and others who do not want to see youth smoking or using
vape products.
2:15:34 PM
SENATOR MERRICK asked whether his shop is exclusively a retail
shop or if it includes on-site vaping.
MR. JONES responded that Legion Vapor is a retail shop, but
vaping is permitted in the shop. He has been in business eight
years, so his shop was grandfathered.
2:16:15 PM
TABITHA BLADES, representing self, Soldotna, Alaska, testified
in support of SB 89. She said that in her role as assistant
principal she has daily contact with over 700 Alaskan teenagers.
It is her job as disciplinarian to administer consequences for
violations to school district policy, including every school
vaping incident. She spends at least an hour each school day
investigating vaping incidents and contacting parents regarding
their use. The school invested thousands of dollars to install
HALO vape detectors that provide real time detection alerts.
Most students who are caught vaping are between 14 and 16 years
of age. Over 80 percent of students that she speaks to have been
using e-cigarettes for over a year unbeknownst to their parents.
Sales occur "by the puff" so that addicted students can get
through their day. Students who own vape devices use about a
cartridge a week and aspire to different models. Many devices
connect to apps and provide a puff score inciting competition
among friends leading to gamified addiction amongst children.
MS. BLADES said that students who do not vape feel unsafe in
school restrooms, because they are frequently pressured to
participate with, purchase from, or cover for students who vape.
Many students report that they are addicted and can't stop.
There is a school program that offers strategies on how to
remain nicotine free
MS. BLADES posited that raising the legal age to 21 would
drastically affect the availability of vape products to minors.
Most high school kids do know a 19-year-old, but rarely is a 21-
year-old still hanging out with first-year high school students.
Imposing a tax will help reduce availability to children with
limited income. Students tell her that she is only aware of the
tip of the iceberg.
2:19:33 PM
SENATOR BISHOP asked whether she knows the cost for the added
enforcement technology tools and smoking cessation classes for
students.
MS. BLADES answered that the HALO vape detectors cost $1200 each
and her school has installed ten. She said the school is
interested in installing more, as the detectors are helpful in
monitoring vaping incidents. She said a staff member is running
the vape cessation support group.
2:20:24 PM
SENATOR BISHOP commented that these mitigation efforts are
taking money from the Base Student Allegation (BSA) to enforce.
2:21:08 PM
CHAIR BJORKMAN closed public testimony on SB 89 and held the
bill in committee.
2:21:49 PM
There being no further business to come before the committee,
Chair Bjorkman adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:21 p.m.