Legislature(2023 - 2024)DAVIS 106
04/15/2024 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Alaska Excel | |
| HB202 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 202 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 202-OPIOID OVERDOSE DRUGS IN SCHOOLS
9:10:25 AM
CO-CHAIR RUFFRIDGE announced that the final order of business
would be HOUSE BILL NO. 202, "An Act relating to the
availability and administration of opioid overdose drugs in
public schools."
9:11:26 AM
REPRESENTATIVE DELENA JOHNSON, Alaska State Legislature, as
prime sponsor of HB 202, thanked the committee for presenting
the bill and said she looked forward to addressing the
amendments.
9:11:43 AM
CO-CHAIR RUFFRIDGE moved to adopt Amendment 1 to HB 202, labeled
33-LS0705\S.3, Bergerud, 4/9/24, which read as follows:
Page 1, line 7:
Delete "naloxone nasal spray"
Insert "an opioid overdose drug"
Page 2, line 1:
Delete "naloxone nasal spray"
Insert "an opioid overdose drug"
Page 2, line 3:
Delete "naloxone nasal spray"
Insert "an opioid overdose drug"
Page 2, line 4:
Delete "naloxone nasal spray"
Insert "an opioid overdose drug"
Page 2, line 9:
Delete "naloxone nasal spray"
Insert "an opioid overdose drug"
Page 2, line 14:
Delete all material.
Renumber the following paragraphs accordingly.
Page 2, line 21:
Delete "new paragraphs"
Insert "a new paragraph"
Page 2, lines 22 - 24:
Delete all material.
Renumber the following paragraph accordingly.
Page 3, line 2:
Delete "naloxone nasal spray"
Insert "an opioid overdose drug"
REPRESENTATIVE STORY objected for the purpose of discussion.
CO-CHAIR RUFFRIDGE said the amendment adjusts the language in
the bill each time naloxone is mentioned.
9:12:58 AM
REPRESENTATIVE HIMSCHOOT referred to a 15-minute video noted in
prior conversations and whether it was specific to the nasal
spray in an overdose situation.
9:13:29 AM
KELLY MANNING, Deputy Director, Innovation and Education
Excellence, Department of Education and Early Development
(DEED), explained that there was a course on DEED's eLearning
platform developed in partnership with the Department of Health
(DOH) covering [naloxone] spray and signs and symptoms of an
overdose. It also covers opioids and opioid prevention, she
said.
9:14:25 AM
REPRESENTATIVE PRAX opined that things are more difficult when
they become law and asked for further clarification on the
language in the amendment.
CO-CHAIR RUFFRIDGE replied that there is broader language in the
amendment, and the intent is to not name a specific medication,
as there are other reversal agents that can be administered
aside from naloxone.
9:17:00 AM
REPRESENTATIVE STORY asked Ms. Manning whether the proposed
amendment concerned her.
MS. MANNING replied that with the adjustment in the amendment,
DEED would continue to use the course as it is written, and it
would allow flexibility if there were further changes. She
stated that DEED would work closely with DOH.
REPRESENTATIVE STORY asked whether the bill sponsor was
comfortable with the amendment.
REPRESENTATIVE D. JOHNSON replied that it was considered a
friendly amendment.
REPRESENTATIVE STORY removed her objection. There being no
further objection, Amendment 1 was adopted.
9:18:31 AM
CO-CHAIR RUFFRIDGE moved to adopt Amendment 2 to HB 202, labeled
33-LS0705\S.2, Bergerud, 4/9/24, which read as follows:
Page 2, following line 9:
Insert a new subsection to read:
"(c) A school district, school, or an individual
is not liable for civil damages for an injury to
another individual resulting from a failure to possess
or maintain naloxone nasal spray under this section."
Reletter the following subsection accordingly.
Page 2, line 25:
Delete "AS 14.30.145(c)"
Insert "AS 14.30.145(d)"
CO-CHAIR ALLARD objected for the purpose of discussion.
CO-CHAIR RUFFRIDGE explained that Amendment 2 inserts a new
subsection in reference to a concern that a school district or
individual may be liable for damages, and the district or
individual would, under the amendment, be non-liable.
CO-CHAIR ALLARD expressed concern about the impact on children.
CO-CHAIR RUFFRIDGE reiterated that the amendment referenced an
individual not being liable.
CO-CHAIR ALLARD stressed that she would hesitate and may opt her
child out of any administering of a drug, as it could be
traumatizing. She further explained her concern was about
children being too exposed and whether they would be held
responsible for not administering [naloxone]. She said she was
not keen on showing the [opioid] video to 13- and 14-year-olds.
CO-CHAIR RUFFRIDGE responded that the intent is that it be a
school district component, not a requirement, that students get
the education which included the aforementioned video. The
amendment would eliminate a student's liability in the event
they did not feel trained and chose not to engage.
9:23:06 AM
SAVAY BIEBER, Staff, Representative DeLena Johnson, Alaska State
Legislature, on behalf of Representative D. Johnson, prime
sponsor of HB 202, added that the amendment is specifically for
an injury resulting from failure to possess and maintain;
therefore, it did not have to do with children.
9:23:40 AM
REPRESENTATIVE PRAX said it occurred to him that the word
"administer" should be added in the new subsection, and he also
expanded on how personal injury lawyers could look at things.
9:25:08 AM
REPRESENTATIVE PRAX moved Conceptual Amendment 1 to Amendment 2,
to insert a comma after "possess", delete the word ["or"], add a
comma after "maintain", and [following "maintain"] to add
"administer".
9:25:30 AM
CO-CHAIR RUFFRIDGE objected. He said the intent of the
amendment was to clarify that should someone go to a box
[containing naloxone], on the wall or a in the nurse's office,
and the box is empty, the school district would not be liable
for the empty box. Other law already protects individuals from
administering or not administering the antidote. He mentioned
the Good Samaritan Law.
9:26:47 AM
REPRESENTATIVE D. JOHNSON agreed that the Good Samaritan Law
should cover everything else regarding someone not wanting to
administer.
9:27:41 AM
CO-CHAIR ALLARD stated that she supported the conceptual
amendment.
9:28:00 AM
A roll call vote was taken. Representatives Prax and Allard
voted in favor of Conceptual Amendment 1 to Amendment 2.
Representatives McCormick, McKay, Himschoot, Story, and
Ruffridge voted against it. Therefore, Conceptual Amendment 1
to Amendment 2 failed to be adopted by a vote of 2-5.
CO-CHAIR RUFFRIDGE asked for further discussion on Amendment 2.
CO-CHAIR ALLARD withdrew her objection. There being no further
objection, Amendment 2 was adopted.
CO-CHAIR RUFFRIDGE moved to adopt Amendment 3 to HB 202, labeled
33-LS0705\S.4, Bergerud, 4/9/24, which read as follows:
Page 1, line 14, through page 2, line 1:
Delete all material.
Renumber the following paragraphs accordingly.
Page 2, lines 5 - 7:
Delete ", and on a school bus while students are
being transported to or from school or a school-
sponsored event"
CO-CHAIR ALLARD objected for the purpose of discussion.
CO-CHAIR RUFFRIDGE explained that the amendment was in response
to prior committee discussion and would remove the language
dealing with school buses.
9:29:32 AM
REPRESENTATIVE MCCORMICK asked for understanding why the
language is being removed and school buses would not have to be
involved.
CO-CHAIR RUFFRIDGE stated that he agreed, but school buses are
contractual arrangements with school districts. He added that
naloxone spray should not be stored in freezing temperatures
which can happen if it were on a bus. A requirement that school
buses have the spray on board seemed impractical, he posited.
REPRESENTATIVE MCCORMICK stated objection to the Amendment 3.
9:31:54 AM
REPRESENTATIVE HIMSCHOOT stated that she had a similar amendment
about language that could be added to encourage districts to
encourage their contractors. She mirrored Representative
McCormick's concerns and hoped that individual contractors would
put policy in place to where drivers are equipped.
9:32:35 AM
REPRESENTATIVE D. JOHNSON said she considered the amendment
friendly. She said she did not have a chance to look at every
school district, and that there are different ways the many
districts and contractors deal with things.
9:33:57 AM
REPRESENTATIVE STORY stated that she supported the amendment but
work to renegotiate contracts should be considered. She
suggested the committee take further action and reach out to the
school boards.
CO-CHAIR ALLARD maintained her objection.
9:35:06 AM
A roll call vote was taken. Representatives Prax, McKay,
Himschoot, Story, Allard, and Ruffridge voted in favor of
Amendment 3 to HB 202. Representatives McCormick voted against
it. Therefore, Amendment 3 to HB 202 was adopted by a vote of
6-1.
CO-CHAIR RUFFRIDGE announced Amendment 4 [would not be offered].
9:36:06 AM
REPRESENTATIVE HIMSCHOOT stated she would not offer Amendment 5.
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 6 to HB 202,
labeled 33-LS0705\S.6\Bergerud 4/10/24, which read as follows:
Page 2, line 9, following "spray.":
Insert "The department shall require each individual
who is employed full time by a school district to
watch the training video within the individual's first
six months of full-time employment."
CO-CHAIR RUFFRIDGE objected for the purpose of discussion.
REPRESENTATIVE HIMSCHOOT explained that there would be a one-
time, 15-minute video training commitment by staff, the district
would always be compliant in statute, and everyone would know
how to administer the spray.
9:37:22 AM
CO-CHAIR ALLARD stated that the school district can handle who
they wish to designate; it should not be a requirement.
9:38:07 AM
CO-CHAIR RUFFRIDGE expressed concerns about requiring another
"set of things" for someone to accomplish, and that although the
video would likely be useful, he stated that having it be a
requirement for everyone is taking it a step too far at this
point.
9:39:16 AM
REPRESENTATIVE MCCORMICK asked for a description of the training
video.
9:39:39 AM
MS. MANNING explained that the video on DEED's eLearning
platform is 15 minutes long and covers both the signs of an
opioid overdose and the administration of an effective overdose
reversal drug.
CO-CHAIR RUFFRIDGE asked whether data is kept on the number of
times the eLearning platform is accessed.
MS. MANNING replied that there are records, and she could
provide the data to the committee as a follow-up.
9:40:56 AM
REPRESENTATIVE STORY asked Representative Himschoot if she had
talked to other districts.
REPRESENTATIVE HIMSCHOOT responded that she had not and stated
it would not be practical to always have the one person trained
to administer always on site; therefore, with the amendment,
everyone would be trained.
9:42:22 AM
REPRESENTATIVE STORY moved to adopt Conceptual Amendment 1 to
Amendment 6, as follows:
Following "require"
Insert "to the extent practicable that"
CO-CHAIR RUFFRIDGE objected.
REPRESENTATIVE MCKAY stated that he did not think the language
should be in state law.
9:43:30 AM
REPRESENTATIVE STORY explained her reasoning and added that she
did not know the "ins and outs" of each district, being they are
all unique. She asked to hear the bill sponsor's thoughts on
the conceptual amendment.
REPRESENTATIVE D. JOHNSON responded that there is no way to
identify what the words fully mean.
CO-CHAIR RUFFRIDGE maintained his objection.
9:44:50 AM
A roll call vote was taken. Representatives Story, Prax,
McCormick, and Himschoot voted in favor of Conceptual Amendment
1 to Amendment 6. Representatives McKay and Ruffridge voted
against it. Therefore, Conceptual Amendment 1 to Amendment 6
was adopted by a vote of 4-2.
9:45:46 AM
The committee took an at-ease from 9:45 a.m. to 9:46 a.m.
9:46:04 AM
REPRESENTATIVE HIMSCHOOT questioned how the language, "to the
extent practicable" could be interpreted.
MS. MANNING responded that she would need to look into how DEED
would track "with the language as stated." She added that with
current courses, DEED tracks off of certification.
9:48:12 AM
CO-CHAIR RUFFRIDGE maintained his objection to Amendment 6 [as
amended].
9:48:17 AM
A roll call vote was initiated.
[Co-Chair Allard entered the room while voting was taking
place.]
9:48:45 AM
The committee took a brief at-ease at 9:48 a.m.
9:49:03 AM
CO-CHAIR RUFFRIDGE said the roll call vote was voided and asked
for another.
A roll call vote was taken. Representatives Himschoot, Story,
and McCormick voted in favor of Amendment 6, as amended, to HB
202. Representatives McKay, Prax, Allard, and Ruffridge voted
against it. Therefore, Amendment 6, as amended, failed to be
adopted by a vote of 3-4.
9:50:03 AM
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 7 to HB 202,
labeled 33-LS0705\S.7\Bergerud 4/10/24, which read as follows:
Page 1, line 12:
Delete ", whether the event is"
Page 1, line 13:
Delete "or off of"
Page 2, line 5:
Delete ", whether the event is"
Delete "or off of"
CO-CHAIR RUFFRIDGE objected.
9:50:24 AM
The committee took a brief at-ease at 9:50 a.m.
9:50:46 AM
REPRESENTATIVE HIMSCHOOT explained that the amendment limits the
requirement to events only on school grounds.
REPRESENTATIVE D. JOHNSON said the amendment is something that
she could work with.
9:52:11 AM
REPRESENTATIVE STORY recalled that the superintendents who had
previously testified spoke to the difficulty of having to do
this for events, and they cautioned the committee that it would
be hard to do.
9:52:44 AM
REPRESENTATIVE MCCORMICK said he understood why it may be
difficult to enforce the overdose drugs being present and stated
that he preferred more discussion on the amendment to shape a
better decision.
9:53:59 AM
REPRESENTATIVE D. JOHNSON mentioned the importance of the bill
becoming law so that the antidote is widely accessible, and she
reiterated that the spray is easily administered.
9:55:05 AM
A roll call vote was taken. Representatives McCormick,
Himschoot, and Prax voted in favor of Amendment 7 to HB 202.
Representatives McKay, Story, Allard, and Ruffridge voted
against it. Therefore, Amendment 7 failed to be adopted by a
vote of 3-4.
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 8 to HB 202,
labeled 33-LS0705\S.8\Bergerud 4/10/24, which read as follows:
Page 2, line 8, following "(b)":
Insert "The Department of Health shall provide
each school district with the naloxone nasal spray
required under this section."
Page 2, line 29:
Delete "and"
Insert "from the department and may"
CO-CHAIR RUFFRIDGE objected.
REPRESENTATIVE HIMSCHOOT explained that the amendment puts the
expense of the kits on DOH to relieve the burden on districts.
9:56:37 AM
REPRESENTATIVE MCKAY asked about a fiscal note of how much it
would cost for 54 school districts.
REPRESENTATIVE HIMSCHOOT offered her understanding that a fiscal
note would be needed regardless.
REPRESENTATIVE MCKAY opined that school districts should not
have to provide a fiscal note and that their money is their
business; however, DOH would require a fiscal note.
CO-CHAIR RUFFRIDGE asked about the potential of utilizing opioid
remediation funds and expressed his concern that the language
would reduce that option.
REPRESENTATIVE D. JOHNSON said the issue could best be taken up
when it moves to the next committee.
9:59:43 AM
REPRESENTATIVE STORY acknowledged that districts have many
demands on their finances, and she opined that it seemed
appropriate that DOH take the lead on supplying the kits.
REPRESENTATIVE MCCORMICK articulated that the bill should move
as quickly as possible, but with some pause. He touched on
unfunded mandates and that smaller rural school districts often
operate out of compliance; therefore, financial backing must be
in place. He offered his support for Amendment 8.
10:01:57 AM
A roll call vote was taken. Representatives Prax, McCormick,
Himschoot, and Story voted in favor of Amendment 8 to HB 202.
Representatives McKay, Allard, and Ruffridge voted against it.
Therefore, Amendment 8 was adopted by a vote of 4-3.
10:02:53 AM
REPRESENTATIVE STORY moved to rescind action on Amendment 7.
CO-CHAIR RUFFRIDGE objected.
REPRESENTATIVE STORY explained that she had voted wrong.
CO-CHAIR RUFFRIDGE removed his objection. There being no
further objection, Amendment 7 was back before the committee.
10:03:49 AM
A roll call vote was taken. Representatives Prax, McCormick,
Himschoot, and Story voted in favor of Amendment 7 to HB 202.
Representatives McKay, Allard, and Ruffridge voted against it.
Therefore, Amendment 7 was adopted by a vote of 4-3.
10:04:56 AM
The committee took a brief at-ease at 10:05 a.m.
10:05:11 AM
CO-CHAIR ALLARD moved to report HB 202, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 202(EDC) was
reported out of the House Education Standing Committee.