Legislature(1995 - 1996)

1995-03-22 House Journal

Full Journal pdf

1995-03-22                     House Journal                      Page 0852
HB 274                                                                       
HOUSE BILL NO. 274 by the House Rules Committee by request of                  
the Governor, entitled:                                                        

1995-03-22                     House Journal                      Page 0853
HB 274                                                                       
"An Act relating to the state's tuberculosis control program,                 
including provisions for certain penalties; and providing for an               
effective date."                                                               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Law, 3/22/95                                        
Zero fiscal notes (2), Dept. of Administration, 3/22/95                        
Zero fiscal note, Dept. of Health & Social Services, 3/22/95                   
                                                                               
                                                                               
The Governor's transmittal letter, dated March 21, 1995, appears               
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill to update the state's tuberculosis control program to      
ensure that our statutes expressly recognize constitutional requirements       
when the state must order a person involuntarily detained or confined          
for essential medical testing or treatment or to protect the public            
health.  The bill also makes miscellaneous amendments to recognize             
new developments in the field and to improve the reporting                     
requirements for a case involving a person with tuberculosis.                  
                                                                               
Tuberculosis is still a serious public health problem in Alaska.               
Tuberculosis is a disease that can be spread through fairly routine            
contact such as coughing in a confined, crowded area.  In 1994,                
tuberculosis was diagnosed in several outbreaks in rural villages in           
Alaska.  Tuberculosis can be successfully treated, but the treatment           
requires a patient to take medication for six months to 24 months.             
Since some patients face lifestyle problems that make it difficult for         
that patient to voluntarily successfully complete the entire course of         
treatment or to isolate themselves from the public to protect the public       
health, it is sometimes necessary for orders to be issued and enforced         
to ensure that the patient is following the treatment plan or is isolated      
from the public.  If treatment is prematurely abandoned, a patient's           

1995-03-22                     House Journal                      Page 0854
HB 274                                                                       
tuberculosis can become more resistant to treatment and place the              
public at risk of catching an even more difficult form of this disease         
in the future.                                                                 
                                                                               
The state's tuberculosis control program and involuntary detention laws        
should be revised to explicitly recognize constitutional safeguards            
required in order to quickly respond to tuberculosis incidents and to          
detain or confine a person if that person is unable or unwilling to            
undergo treatment and is a threat to the public health.  While the             
Department of Health and Social Services anticipates that the                  
involuntary detention and commitment provisions in the bill will be            
used only rarely because most people will voluntarily take treatment           
and use safeguards when advised by a medical professional, the bill is         
necessary to allow a system to be in place to respond quickly in a             
crisis situation.                                                              
                                                                               
I urge your support of this bill in response to an important public            
health issue.                                                                  
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"