Legislature(2023 - 2024)DAVIS 106

04/03/2024 08:00 AM Senate EDUCATION

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Audio Topic
08:00:21 AM Start
08:02:15 AM Presentation(s): Alaska Board of Education and Early Development
09:17:38 AM HB202
09:54:33 AM HB230
09:56:01 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time & Location Change --
Meeting Jointly with the House Education
Committee
+ Presentation: Alaska Board of Education and TELECONFERENCED
Early Development by
James Fields, State Board Chair
DEED Commissioner Deena Bishop
Members of the State Board of Education and
Early Development
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
            HB 202-OPIOID OVERDOSE DRUGS IN SCHOOLS                                                                         
                                                                                                                                
9:17:38 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RUFFRIDGE  announced that  the  next order  of  business                                                              
would  be   HOUSE  BILL   NO.  202,  "An   Act  relating   to  the                                                              
availability  and  administration  of  opioid  overdose  drugs  in                                                              
public schools."                                                                                                                
                                                                                                                                
9:18:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DELENA  JOHNSON,   Alaska  State  Legislature,  as                                                              
prime  sponsor,  introduced HB  202  and paraphrased  the  sponsor                                                              
statement  [included  in  the committee  packet],  which  read  as                                                              
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Between  2018   and  2022,  886  drug   overdose  deaths                                                                   
     occurred   in  Alaska.  Last   year,  Anchorage   School                                                                   
     District   officials  reported   at  least  ten   opioid                                                                   
     overdoses over  the course of one month,  including five                                                                   
     of these overdoses happening in one day.                                                                                   
                                                                                                                                
     From  August 17th, 2023,  to February  9th, 2024,  there                                                                   
     were 117 visits  to emergency departments for  kids aged                                                                   
     5-18  that  occurred  on school  days  that  could  have                                                                   
     happened  at schools.  Ten of  these cases  specifically                                                                   
     mentioned  that  the  school   the  child  attended  was                                                                   
     involved,   and  many  of   these  were  proven   to  be                                                                   
     intentional overdoses.                                                                                                     
                                                                                                                                
     The Federal  Substance Abuse and Mental  Health Services                                                                   
     Administration  recommends  that schools  keep  naloxone                                                                   
     on hand  as fatal  opioid overdose  numbers rise.  As of                                                                   
     October of 2023,  33 states had adopted laws  that allow                                                                   
     schools  or school  employees  to store  and  administer                                                                   
     Naloxone,  according  to  Jon   Woodruff,  the  managing                                                                   
     attorney at  the Legislative Analysis and  Public Policy                                                                   
     Association.                                                                                                               
                                                                                                                                
     HB  202 will  require all  school districts  to keep  at                                                                   
     least  two Naloxone  kits in each  main school  building                                                                   
     and  ensures  that  at  least   one  person  trained  to                                                                   
     administer  naloxone spray is  present during all  hours                                                                   
     that the  main school  building is  open to students  or                                                                   
     the public.  This bill also requires school  buses, each                                                                   
     school-sponsored  event, on or  off school grounds,  and                                                                   
     all weekend  activities sponsored by the school  to have                                                                   
     at  least one  Naloxone  kit present  and  at least  one                                                                   
     person  who  is trained  to  administer.  Finally,  this                                                                   
     bill requires  the Department of Health  Commissioner to                                                                   
     develop  and  provide  a  short  video  to  each  school                                                                   
     district  about  how  and when  to  administer  Naloxone                                                                   
     nasal spray.                                                                                                               
                                                                                                                                
9:19:58 AM                                                                                                                    
                                                                                                                                
SAVAYA  BIEBER,  Staff,  Representative   Delena  Johnson,  Alaska                                                              
State  Legislature,  gave  the   sectional  analysis  for  HB  202                                                              
[included  in the committee  packet] on  behalf of  Representative                                                              
D.  Johnson,  prime  sponsor,  which  read  as  follows  [original                                                              
punctuation provided]:                                                                                                          
                                                                                                                                
     Section 1  amends AS 14.30  by adding a new  section: AS                                                               
     14.30.145(a) requires  each school district to  ensure a                                                                   
     person  who  is trained  to  administer Naloxone  is  on                                                                   
     site  when  the main  school  building  is open  to  the                                                                   
     public,  before and  after school,  during each  school-                                                                   
     sponsored event  and all weekend  activities, on  or off                                                                   
     school grounds,  and on school buses. This  section also                                                                   
     requires  each main  school  building to  keep at  least                                                                   
     two  doses of  Naloxone on  site and at  least one  dose                                                                   
     available during  school sponsored events and  on school                                                                   
     buses while students are being transferred.                                                                                
     AS  14.30.145(b)  would  require   the  Commissioner  of                                                                   
     Health to develop  and provide a training  video to each                                                                   
     school district.                                                                                                           
     AS   14.30.145(c)  defines   the   terms  "main   school                                                                   
     building",  "naloxone  nasal  spray",  "opioid  overdose                                                                   
     drug", "school district", and "school grounds".                                                                            
                                                                                                                                
     Section  2   amends  AS  17.20.085   by  adding   a  new                                                               
     paragraph:                                                                                                                 
     AS  17.20.085(e)  defines   the  terms  "naloxone  nasal                                                                   
     spray" and "school district".                                                                                              
                                                                                                                                
     Section   3   amends   AS  17.20.085   by   adding   new                                                               
     subsections:  Notwithstanding  a  provision or  rule  of                                                                   
     law  to the contrary,  AS 17.20.085(f)  allows a  school                                                                   
     district, if  acting under a standing order  or protocol                                                                   
     under  (a)  or  (c)  of  this  section,  to  supply  and                                                                   
     possess  opioid overdose  drugs for  the purposes of  AS                                                                   
     14.30.145.  Notwithstanding a provision  or rule  of law                                                                   
     to  the  contrary,  AS  17.20.085(g)   allows  a  school                                                                   
     district  acting under  (a) or  (c) of  this section  to                                                                   
     administer  naloxone  spray  under  AS  14.30.145  to  a                                                                   
     person at risk of experiencing an opioid overdose.                                                                         
                                                                                                                                
9:22:00 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD stated that she was trying to understand why                                                                    
there is not a "fiscal charge" as well as understanding the                                                                     
liability regarding school bus drivers.                                                                                         
                                                                                                                                
MS.  BIEBER responded  that  subsection (2)  in  the bill  related                                                              
information regarding  the school bus  driver but stated  that she                                                              
was  unsure  how  it  is implemented  with  the  contracts.    She                                                              
offered  to  have  the  question   directed  to  a  Department  of                                                              
Education & Early Development (DEED) staff member.                                                                              
                                                                                                                                
REPRESENTATIVE D.  JOHNSON speculated  that school bus  drivers go                                                              
through  a  certain  amount  of  training  and  the  training  for                                                              
naloxone administration  is very simple, like a nasal  spray.  She                                                              
said she could find out more and get back to the committee.                                                                     
                                                                                                                                
9:24:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  questioned  bus  driver  contracts  and                                                              
expressed her  concern regarding the  effective date for  the "bus                                                              
portion"  and addressing  separate  contracts.    She pointed  out                                                              
line 2,  on page  8, and  asked whether  the short training  video                                                              
would  be included  in  mandatory  trainings that  educators  have                                                              
annually.                                                                                                                       
                                                                                                                                
MS. BIEBER  responded that  she was not  sure about the  video and                                                              
stated  that the training  would  not be for  every teacher,  just                                                              
one that would be trained to administer naloxone.                                                                               
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  asked  whether  the naloxone  would  be                                                              
free or  DEED would  distribute it  to the  schools.   She further                                                              
inquired about an expiration date.                                                                                              
                                                                                                                                
MS.  BIEBER responded  that  each school  district  would have  to                                                              
keep naloxone.                                                                                                                  
                                                                                                                                
REPRESENTATIVE D.  JOHNSON added that there are  details that must                                                              
be worked  out, and in  regard to the  fiscal note,  the intention                                                              
is to  work with  the department  to find  funding through  opioid                                                              
grant funding.                                                                                                                  
                                                                                                                                
9:28:59 AM                                                                                                                    
                                                                                                                                
MS. BIEBER  confirmed that the  U.S. Food and Drug  Administration                                                              
(FDA) announced  a shelf-life  extension  for naloxone from  three                                                              
years to four years.                                                                                                            
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT observed that  the reality  is districts                                                              
may be exposed to a liability they do not already have.                                                                         
                                                                                                                                
MS.  BIEBER replied  that she  did not  have an  answer but  would                                                              
research it.                                                                                                                    
                                                                                                                                
9:29:59 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD  commented on  the possibility  of the  bus driver                                                              
being  sued  or fired  because  of  the liability  and  questioned                                                              
whether  the  maintenance  staff  at school  are  involved.    She                                                              
voiced her concern about protecting  children but also employees.                                                               
                                                                                                                                
REPRESENTATIVE  D. JOHNSON confirmed  that she  and her  staff are                                                              
present to try and sort things out and refine the bill.                                                                         
                                                                                                                                
9:32:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   STORY  offered  her   support  for  HB   202  but                                                              
expressed  her   concern  regarding   how  districts   were  being                                                              
addressed about the  bill and what their response  was about staff                                                              
needing training.                                                                                                               
                                                                                                                                
REPRESENTATIVE D.  JOHNSON related an example of  speaking with an                                                              
acquaintance who  was involved with  the bill and  highlighted the                                                              
importance of  kits being available  and training being kept  to a                                                              
minimum.    With  the funds  available,  she  indicated,  this  is                                                              
possible to do in Alaska.                                                                                                       
                                                                                                                                
9:35:13 AM                                                                                                                    
                                                                                                                                
MS.  BIEBER  added  that  she  talked   to  the  Matanuska-Susitna                                                              
Borough  School  District  and  the  kits  are  kept  with  school                                                              
nurses.   She added that the  Anchorage School District  (ASD) has                                                              
been keeping  them  near the "safety  stations"  on the walls  and                                                              
the supplies are from Project HOPE.                                                                                             
                                                                                                                                
REPRESENTATIVE  STORY  expressed  interest  in what  rural  school                                                              
districts have  in place and  what the costs  would be.   She also                                                              
inquired about the training for bus drivers.                                                                                    
                                                                                                                                
9:37:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCORMICK  opined that the proposed  legislation is                                                              
critical  and should  be moved  out  today.   He further  inquired                                                              
whether any legal  issues have cropped up in  states where similar                                                              
legislation has been implemented.                                                                                               
                                                                                                                                
REPRESENTATIVE  D. JOHNSON  responded that  she was  not aware  of                                                              
legal  issues forthcoming.   She  offered a  comparison of  people                                                              
being  trained in  cardiopulmonary  resuscitation  (CPR) and  that                                                              
she had  not heard  of anyone having  any liability  in performing                                                              
it better  or not.   She confirmed  that she  would look  into the                                                              
liability piece.                                                                                                                
                                                                                                                                
9:40:08 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  ALLARD offered  her belief  that  the legislature  would                                                              
like to vet the  bill, and she suggested that training  be open to                                                              
those who are  16 and older to  look out for their peers  but with                                                              
parent permission.                                                                                                              
                                                                                                                                
REPRESENTATIVE  D. JOHNSON replied  that she  would not  want [the                                                              
proposed  legislation]  to get  unmanageable  and  force a  school                                                              
district  to  add  to  their  requirements  or  put  a  burden  on                                                              
someone.    She reiterated  that  the  training to  administer  is                                                              
minimal and that she was open to possible amendments.                                                                           
                                                                                                                                
9:42:12 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE opened public testimony on HB 202.                                                                           
                                                                                                                                
9:43:04 AM                                                                                                                    
                                                                                                                                
DJ  TYSON,  Director  of  Communications,  Volunteers  of  America                                                              
(VOA)  Alaska,  testified  in  support  of HB  202.    He  related                                                              
examples  of what  is happening  with youth  overdoses in  schools                                                              
and  noted  that overdoses  are  happening  without warning.    He                                                              
opined  that the passage  of the  bill would  have the  additional                                                              
impact  of helping  to normalize  the  administration of  naloxone                                                              
and  raise   awareness  for  the   potential  to  save   lives  in                                                              
communities.                                                                                                                    
                                                                                                                                
9:45:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  shared that she did a  police ride along                                                              
and  was also  taken  into  the  evidence locker  which  contained                                                              
various drugs.   She said the  officers told her  naloxone enables                                                              
people to go to  more of an "edge" that they  are looking for when                                                              
taking  drugs, but  she  acknowledged that  naloxone  is known  as                                                              
being a  remedy to  overdose.   She asked  whether there  could be                                                              
unintended  consequences  of  trying  to  make  sure  naloxone  is                                                              
readily available.                                                                                                              
                                                                                                                                
MR.  TYSON  replied  that  naloxone  is a  safety  device  like  a                                                              
seatbelt  that saves  lives, but  that he  could not  speak to  it                                                              
enabling or increasing use.                                                                                                     
                                                                                                                                
9:47:12 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE,  after ascertaining there was no  one else who                                                              
wished to testify, closed public testimony on HB 202.                                                                           
                                                                                                                                
9:47:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  D. JOHNSON  commented  that drug  users know  more                                                              
about drugs and  drug effects; therefore, there would  always be a                                                              
way to use something  in a nefarious way or chase  a greater high.                                                              
She  stated  that  the bill  specifically  addressed  students  in                                                              
schools that  may not  have gotten to  the level of  sophisticated                                                              
drug use,  thus would not  have used drugs,  such as  naloxone, as                                                              
enhancement.                                                                                                                    
                                                                                                                                
9:49:17 AM                                                                                                                    
                                                                                                                                
MS. BIEBER added  that DEED has a 15-minute free  course online on                                                              
naloxone.                                                                                                                       
                                                                                                                                
9:49:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX  questioned  whether universities  should  be                                                              
included in addition to the K-12 school system.                                                                                 
                                                                                                                                
REPRESENTATIVE  D.  JOHNSON  opined that  the  universities  would                                                              
already have  a sense of what needed  to be done.  She  stated she                                                              
could contact  the University  of Alaska System  (US) to  see what                                                              
it may have in place.                                                                                                           
                                                                                                                                
9:51:18 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RUFFRIDGE  expressed   his  support  for  the  bill  and                                                              
pointed  out features  in  the Capitol  building  in reference  to                                                              
first aid.   He further  confirmed that  naloxone is very  easy to                                                              
administer.                                                                                                                     
                                                                                                                                
REPRESENTATIVE   D.  JOHNSON,   in  closing,   stated  she   would                                                              
appreciate  any input or  amendments from  committee members  that                                                              
could make HB 202 more well-rounded.                                                                                            
                                                                                                                                
MS. BIEBER thanked the committee for hearing the bill.                                                                          
                                                                                                                                
CO-CHAIR RUFFRIDGE announced that HB 202 was held over.                                                                         

Document Name Date/Time Subjects
State Board of Education 2024 Annual Report 03.18.2024.pdf SEDC 4/3/2024 8:00:00 AM
Education
State Board of Education Updated Presentation 04.03.2024.pdf SEDC 4/3/2024 8:00:00 AM
Education