Legislature(2005 - 2006)BUTROVICH 205
04/04/2005 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB85 | |
| SB10 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 85 | TELECONFERENCED | |
| += | SB 10 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 85-PRESCRIBED MEDICATION FOR STUDENTS
CHAIR DYSON announced HB 85 to be up for consideration.
1:32:33 PM
REPRESENTATIVE KEVIN MEYER, sponsor, introduced HB 85 by saying:
It is estimated that there are 6.3 million children
who have asthma in the United States. Young people
with asthma miss over 14 million days of school each
year because of the disease. In fact, in a recent
survey done by the school nurses, they indicated that
asthma is more disruptive to school routines than any
other chronic condition. But being disruptive is the
least of our concerns. Asthma and allergic reactions
can be fatal. Several children have died in our
schools from asthma attacks that could have been
prevented if they had their self-medication with them.
He showed the committee an example of an inhaler that is very
easy to use in treating asthmatic attacks and continued:
Juries have held schools liable for millions of
dollars surrounding some of these deaths that have
occurred at schools that could have been prevented.
So, to address this problem, Congress passed the
Asthmatic School Children's Treatment and Health
Management Act of 2004. The federal law requires that
the secretary of HES [United States Health and
Education Senate Committee] to give preference when
awarding grants to various states to those states who
allow their students to have self-administered asthma
medication.
House Bill 85 brings Alaska into compliance with the
provisions of the federal law and gives schools,
parents, and most importantly children, protection
from potentially life threatening conditions and
consequences that can from these.
HB 85 protects schools, parents and children in two
different ways. The first provision allows the
children, with the parent, guardian, health care
provider's certification, to self-administer
medication for asthma. And so, in order for this to
happen, a school must allow self administration of the
asthma treatment if they receive a written
authorization from the parent or legal guardian and if
the written certification from the student health care
provider shows that the student has the condition in
question, has received proper instruction on how to
use the medication and is capable of using the
medication. HB 85 puts the decision to allow self-
administration of the medication squarely on the
shoulders of the parents and the health care
providers.
The second part of this bill, then, is it just removes
the school of any civil liability related to the
medication. While HB 85 helps Alaska qualify for
federal grants, the real purpose behind this bill is
giving parents, doctors and schools the ability to
ensure that our children are safe and hopefully save
some lives....
1:36:33 PM
SENATOR LYDA GREEN and SENATOR GARY WILKEN joined the committee.
SENATOR DONNY OLSON asked the bill applies to public schools and
private schools equally.
MIKE PAWLOWSKI, staff for Representative Meyer, responded that
Legislative Legal Services told him there was essentially no
difference between the way the law applies to public and private
schools.
SENATOR OLSON asked if private schools had testified on this
issue.
MR. PAWLOWSKI replied that he had not heard from any private
schools.
SENATOR OLSON asked whether other medications would be required
to be on-site for asthmatic students that go into the severe
form of static asthmaticus, which is the most severe form of
asthma that cannot be broken by inhalers and is treated with
epinephrine.
MR. PAWLOWSKI replied that epinephrine is allowed under the bill
as well as inhalers.
CHAIR DYSON said:
I want the record to clearly reflect that Senator
Olson asked whether or not private schools were
included under what this bill does and the affirmative
answer was private schools have the same right or
provision here to apply this same, in essence,
privilege, for asthmatic children and the sponsor says
that's right.
1:39:17 PM
SENATOR ELTON said the legal analysis attached to the bill
clearly says that Section 1 requires public elementary and
secondary schools to allow the provision. He thought the issue
needed to be addressed.
CHAIR DYSON asked Representative Meyer to get a legal opinion on
that question before the bill goes to the Senate Judiciary
Committee.
REPRESENTATIVE MEYER replied that he would do so.
SENATOR OLSON asked whether school districts currently prohibit
inhalers from being used on their premises.
REPRESENTATIVE MEYER replied that many schools ask that all
medications be given to the school nurse.
SENATOR OLSON asked whether the bill allows students to carry
and administer other medications for other medical conditions.
1:43:03 PM
REPRESENTATIVE MEYER replied that HB 85 applies to allergy type
conditions such as asthma, bee stings, and anything that can be
controlled with an inhaler or an epinephrine pen. He has
considered conditions such as diabetes, but that is a whole
different area and the physicians testifying on the bill
recommended that other conditions not be included.
1:44:15 PM
MARGE LARSON, Alaska Asthma Coalition, supported HB 85. She
remarked that schools have a great liability without its
provisions in place. She commented that inhalers are a life-
saving, critical part of asthma management.
1:46:50 PM
PHIL CALLUZZO, Anchorage resident, said that he suffers from
asthma and supported HB 85.
CHAIR DYSON explained that HB 85 would give all schools, both
private and public, the option of doing this, but it does not
compel private schools, in particular, to do so.
SENATOR GREEN asked if the state could tell a private school
what to do in this case and if the legislation benefits the
school or the student.
CHAIR DYSON replied that HB 85 gives both public and private
schools the option of doing this and it protects them against
liability if they do so if they follow the prescribed protocol.
But it is essentially for the good of the student.
SENATOR WILKEN moved to report HB 85 out of committee with
individual recommendations and attached fiscal note. There were
no objections and it was so ordered.
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