Legislature(2011 - 2012)CAPITOL 106
03/30/2011 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Superintendent Lower Yukon School District | |
| HB15 | |
| HB5 | |
| HB199 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 199 | TELECONFERENCED | |
| += | HB 198 | TELECONFERENCED | |
| += | HB 15 | TELECONFERENCED | |
| += | HB 5 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 15-STUDENT ATHLETE TRAUMATIC BRAIN INJURIES
CHAIR DICK announced that the next order of business would be
HOUSE BILL NO. 15, "An Act relating to prevention and evaluation
of and liability for traumatic brain injuries in student
athletes." [In front of the committee was Version M.]
8:23:11 AM
FRANK AMEDURI, Staff, Representative Mike Doogan, Alaska State
Legislature, recapped the purpose of HB 15, which was to reduce
the possibility for a second concussion to occur before recovery
from a first concussion. He pointed out that the proposed bill
was modeled after the Zackery Lystedt Law in Washington State.
He explained the three parts of HB 15: the education of
parents, coaches, and students for the causes, signs, and
responses to concussion; a requirement to remove a student from
practice or a game if a concussion was suspected; and a
requirement for a qualified medical professional to clear the
player prior to their return to play. He declared that
concussions will occur, but that the danger was increased when
appropriate steps to prevent a recurrence were not taken. He
noted that the Alaska School Activities Association (ASAA) had
already declared it would adhere to this practice, regardless of
passage of the bill, and he expressed optimism that other youth
levels not covered by HB 15 would also adhere to these
guidelines. He shared that district superintendents had
indicated that these guidelines would be extended to the middle
schools, as well, and that school nurses would lobby for these
guidelines to be included for playgrounds. He acknowledged that
the challenge for access to a "qualified medical or licensed
medical professional is quite a bit more difficult" for rural
communities in Alaska. He pointed to Version M, page 3, line 2,
and shared that "a person who is acting at the direction and
under the supervision of a licensed physician" had been added to
the original version. He said that community health aides would
be included if they worked under the direction of a physician.
He declared the importance "to err on the side of health" and to
offer no less protection in rural Alaska.
8:30:06 AM
MR. AMEDURI, in response to an earlier question from
Representative Feige, said that the liability language had been
scrutinized to ensure that coverage would include an injury that
did not occur on school property. He noted that an amendment
would be proposed to address this issue. He reiterated that
there was no prevention to a concussion, but that the proposed
bill would prevent further injury from "the stacking of
concussions, one on top of the other."
8:33:22 AM
REPRESENTATIVE FEIGE moved to adopt Amendment 1, labeled 27-
LS0130\M.1, Mischel, 3/29/11, which read:
Page 3, line 12:
Delete "on school property"
8:34:00 AM
REPRESENTATIVE KAWASAKI objected for discussion.
8:34:04 AM
REPRESENTATIVE KAWASAKI asked if this proposed amendment would
cover transportation to and from an event.
8:34:17 AM
REPRESENTATIVE P. WILSON, reading the proposed bill with the
proposed Amendment 1 included, offered her belief that it could
include an activity, such as track, with participation both on
and off the school grounds.
8:34:44 AM
REPRESENTATIVE FEIGE opined that inclusion of proposed Amendment
1 recognized that facilities other than school property,
especially in rural Alaska, were utilized.
8:35:14 AM
REPRESENTATIVE KAWASAKI withdrew his objection. There being no
further objection, Amendment 1 was adopted.
8:35:53 AM
GARY MATTHEWS, Executive Director, Alaska School Activities
Association (ASAA), stated that ASAA, and its membership of more
than 200 high schools, supported HB 15. He stated the desire of
ASAA to implement procedures and logical processes to minimize
injury and maximize safety. He said that ASAA worked with the
national organizations "to develop rules and tactics to limit
and reduce the potential of head injuries in contact sports."
He referred to the issue of a "qualified person" and made three
points: the State of Alaska did not have a registry that listed
health care providers who had received training and were
currently certified in the evaluation and management of
concussions; the health care provider was the only person to
know if he or she was qualified under the statute; the students,
the school district, and ASAA had placed the burden of proof on
the health care provider. He suggested a conceptual amendment
to Version M, page 2, line 30, after "management of
concussions," to add "as verified in writing by the qualified
person." He offered his belief that coaches and administrators
did not know the qualifications of the "qualified person."
8:39:38 AM
MR. AMEDURI suggested that, as ASAA was already moving in this
direction, this stipulation could be addressed in the by-laws.
He surmised that it could be implemented differently in each
school district, and that it was important that the statute not
specify every detail that may need to be addressed. He offered
his understanding that a written release by a medical provider
would indicate qualification.
8:41:13 AM
REPRESENTATIVE P. WILSON suggested that it was important to have
a trained person at each school to attend to any injured
students.
8:42:29 AM
CHAIR DICK asked if a conceptual amendment should be added to
proposed HB 15.
8:42:47 AM
REPRESENTATIVE FEIGE offered his belief that the proposed bill
should give "adequate direction" and that micromanagement was
not necessary.
8:43:05 AM
REPRESENTATIVE SEATON pointed out that some health care
professionals were exempt from state licensing in Alaska, and he
asked if this had been addressed in the proposed bill.
8:44:14 AM
MR. AMEDURI offered his belief that a conceptual amendment
addressing this had been passed.
The committee took a brief at-ease.
8:45:59 AM
REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 2
which stated:
Page 3, line 2,
Insert "(2) a health care professional who is
exempt from occupational licensing by the state."
[This was adopted as Conceptual Amendment 1 by the House
Education Standing Committee on 3/16/11.]
8:46:19 AM
REPRESENTATIVE P. WILSON objected for discussion.
8:46:53 AM
REPRESENTATIVE SEATON explained that a number of health care
professionals working with the Indian Health Service (IHS) were
not required to have the same state occupational licensing. He
pointed out that IHS physicians in rural Alaska should be
included in the proposed bill.
8:47:44 AM
REPRESENTATIVE P. WILSON removed her objection. There being no
further objection, Conceptual Amendment 2 was adopted.
8:48:05 AM
REPRESENTATIVE PRUITT moved to report CSHB 15, Version 27-
LS0130\M, Mischel, 2/17/11, as amended, out of committee with
individual recommendations and the accompanying zero fiscal
note.
8:48:27 AM
REPRESENTATIVE KAWASAKI objected. He stated that both the
liability and immunity issues were still in question, and he
pointed out that the proposed bill had not being referred to
House Judiciary Standing Committee.
8:48:59 AM
REPRESENTATIVE KAWASAKI withdrew his objection. There being no
further objection, CSHB 15(EDC) was reported from the House
Education Standing Committee.
8:49:14 AM
The committee took a brief at-ease.
8:49:28 AM
CHAIR DICK asked the committee to concur on a request to the
Speaker of the House to have HB 15 referred to the House
Judiciary Standing Committee, and the committee agreed to
forward the request.
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