04/01/2005 09:00 AM House FINANCE

HOUSE BILL NO. 185                                                                                                            
                                                                                                                                
     An Act relating to immunization of postsecondary                                                                           
     students for meningitis; and providing for an effective                                                                    
     date.                                                                                                                      
                                                                                                                                
SUE  WRIGHT,  STAFF, REPRESENTATIVE  MIKE  CHENAULT,  advised                                                                   
that  the  purpose of  HB  185  was to  remove  postsecondary                                                                   
educational  institutions  from   the  applicability  of  the                                                                   
provisions   of  AS   14.48.     It  requires   postsecondary                                                                   
educational institutions  to provide information  and receive                                                                   
a statement from  the student having read the  information on                                                                   
meningococcal  disease  prior   to  attending  or  living  in                                                                   
student housing  for the  said institution.   The Center  for                                                                   
Disease  Control strongly  recommends  immunizations for  all                                                                   
students.   The recommendation  has been  taken seriously  to                                                                   
the point  that many  educational facilities  will not  admit                                                                   
students without immunizations.                                                                                                 
                                                                                                                                
Representative  Holm asked  if the legislation  would  have a                                                                   
public  health  component that  would  incur  a cost  to  the                                                                   
State.   Ms. Wright replied  that at  this point it  does not                                                                   
but could in the future.                                                                                                        
                                                                                                                                
Representative  Holm   asked  how  many  students   would  be                                                                   
immunized.  Ms. Wright explained  that the students would not                                                                   
necessarily  be immunized.   The students  would be  informed                                                                   
that the  disease exists.  She  recalled a specific  story in                                                                   
Unalaska, emphasizing the seriousness of the issue.                                                                             
                                                                                                                                
Vice-Chair  Stoltze asked  if there was  movement to  require                                                                   
immunization  as  a  condition  of enrollment.    Ms.  Wright                                                                   
responded that was not the long-term  intent.  The Center for                                                                   
Disease Control  is currently  recommending immunizations  at                                                                   
this  time and  that it  could  become a  requirement in  the                                                                   
future.                                                                                                                         
                                                                                                                                
Vice-Chair Stoltze  inquired if that was the  Sponsor's goal.                                                                   
Ms. Wright  did not believe  that was  the goal but  that she                                                                   
would want it  for her child.  Vice-Chair Stoltze  noted that                                                                   
a similar situation  had touched his family.   He agreed that                                                                   
awareness and education are important for everyone.                                                                             
                                                                                                                                
Representative  Kelly questioned  the risks.   He  referenced                                                                   
the new section, Page 3, Line  4, Subsection (d) asking if it                                                                   
would challenge  the State's liability.   Ms.  Wright advised                                                                   
that providers normally provide  immunization and health care                                                                   
warnings and that  the institution would not  be responsible.                                                                   
She  added  that  in response  civil  liability  concerns,  a                                                                   
lawyer can always figure out a  way to sue.  She did not know                                                                   
if the  language would  prevent  or protect  a lawsuit.   She                                                                   
thought that it [the language] provides a comfort zone.                                                                         
                                                                                                                                
Representative   Kelly   warned   about   circumstances   and                                                                   
situations  that could  result in lawsuits.   Co-Chair  Meyer                                                                   
noted  that the  bill had  not  gone to  the House  Judiciary                                                                   
Committee for legal scrutiny.                                                                                                   
                                                                                                                                
Co-Chair Chenault  responded to  Representative Stoltze  that                                                                   
it was  not his intent to  require immunizations,  but rather                                                                   
to inform students.                                                                                                             
                                                                                                                                
9:23:53 AM                                                                                                                    
                                                                                                                                
Representative Kelly  agreed with that and asked  if it could                                                                   
be  accomplished if  Section (d)  were removed.   He  worried                                                                   
that  the language  would  make  the State  at  risk for  all                                                                   
diseases.  Co-Chair Chenault agreed  that such an issue could                                                                   
be raised.   He  knew that regardless  of how  well a  job is                                                                   
done, there  usually is  room for  liability concerns  within                                                                   
the   judicial  system.      He  requested   that   attorney,                                                                   
Representative Croft address it.                                                                                                
                                                                                                                                
9:25:52 AM                                                                                                                    
                                                                                                                                
Representative  Croft agreed with  Representative Kelly.   He                                                                   
thought  that  it would  be  a  difficult lawsuit  anyway  to                                                                   
require someone  to immunize.   He thought that  the language                                                                   
could be misread  by the judiciary system and  added that the                                                                   
bill would be safer without that language.                                                                                      
                                                                                                                                
Representative Kelly MOVED to  ADOPT Amendment #1 which would                                                                   
delete  Section (d),  Page  3,  Lines 4-7.    There being  NO                                                                   
OBJECTION, it was adopted.                                                                                                      
                                                                                                                                
Representative Foster MOVED to  report CS HB 185 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  185 (FIN)  was reported  out of  Committee with  a "no                                                                   
recommendation"  and   with  zero  note  #1   by  the  Alaska                                                                   
Commission on Post Secondary Education.                                                                                         
                                                                                                                                
9:29:26 AM