04/12/2005 03:10 PM House FIN

HOUSE BILL NO. 225                                                                                                            
                                                                                                                                
     An Act relating to medical examiners and medical death                                                                     
     examinations.                                                                                                              
                                                                                                                                
REPRESENTATIVE LESIL  MCGUIRE, SPONSOR, noted that  last year                                                                   
alone, there were nearly 1,100  cases filed with the State of                                                                   
Alaska's  medical  examiner's  office.    All  of  the  cases                                                                   
require    responsibilities     ranging    from    autopsies,                                                                   
administrative duties and legal  responsibilities.  With such                                                                   
a sizeable caseload, one more medical examiner is needed.                                                                       
                                                                                                                                
The one State  medical examiner has been stretched  thin with                                                                   
the caseload.   Currently  autopsies  are required only  when                                                                   
the death  was suspicious or if  there was a  crime involved.                                                                   
When  forced to  pick and  choose cases,  something could  be                                                                   
overlooked  in  the  remaining  cases that  did  not  receive                                                                   
needed  attention.    Additional consideration  needs  to  be                                                                   
given to what happens if medical  examiners became ill or for                                                                   
any reason cannot fulfill their duties.                                                                                         
                                                                                                                                
Representative  McGuire continued  that the  position of  the                                                                   
State medical  examiner is a  critical function in  the State                                                                   
and has a tremendous responsibility.   The fact that there is                                                                   
such  as large  caseload for  only one  medical examiner  has                                                                   
become a growing  concern for policy makers,  law enforcement                                                                   
officials and  the community.   Under current State  law, the                                                                   
commissioner  of Department  of Health  & Social Services  is                                                                   
required to  appoint only a medical  examiner.  HB  225 would                                                                   
require that  the commissioner  appoint both a  chief medical                                                                   
examiner  and   a  deputy  medical  examiner   to  share  the                                                                   
extensive workload.                                                                                                             
                                                                                                                                
4:40:47 PM                                                                                                                    
                                                                                                                                
OFFICER  MIKE  COUTURIER,  (TESTIFIED   VIA  TELECONFERENCE),                                                                   
VICE-PRESIDENT,   ANCHORAGE   POLICE   DEPARTMENT   EMPLOYEES                                                                   
ASSOCIATION,  ANCHORAGE,  voiced  the Department's  need  and                                                                   
support  for a  new deputy  medical  examiner.   There is  an                                                                   
operative margin  for first time  responders for the  City of                                                                   
Anchorage and the  State at large.  He urged  the Committee's                                                                   
support.                                                                                                                        
                                                                                                                                
4:44:40 PM                                                                                                                    
                                                                                                                                
DR.  DON ROGERS,  (TESTIFIED  VIA  TELECONFERENCE),  CORONER,                                                                   
ANCHORAGE,  spoke in  support of  the bill.   He pointed  out                                                                   
that when the  function was shifted from the  Court System to                                                                   
the  Department of  Health &  Social  Services, the  coroners                                                                   
were instructed  to do less; they,  at that time,  were doing                                                                   
more autopsies  than anyone in  the country.  He  pointed out                                                                   
that until an autopsy is performed,  the family does not know                                                                   
whether  it is  needed or  not.   He added  that he  performs                                                                   
approximately  25 autopsies  per year;  most are people  that                                                                   
die suddenly and/or unexpectedly.   He recommended that there                                                                   
needs  to be  a change  of policy  within  the Department  of                                                                   
Health & Social  Services and the bill would  help to address                                                                   
that policy.  He urged support of the legislation.                                                                              
                                                                                                                                
4:47:01 PM                                                                                                                    
                                                                                                                                
Representative  Hawker indicated  that  the subcommittee  had                                                                   
attempted for  two years to get  the funding into  the budget                                                                   
for the position.   He noted that the House  had included the                                                                   
$100 thousand  dollar  funding, however,  it did not  survive                                                                   
the Senate.                                                                                                                     
                                                                                                                                
4:47:47 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer pointed  out that  the fiscal  note does  not                                                                   
indicate the  request in the 2006  budget.  He noted  for the                                                                   
record that the  House intends to fund the  position and that                                                                   
it will be addressed in Conference Committee.                                                                                   
                                                                                                                                
4:48:44 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault   commented  that  it  is   a  justifiable                                                                   
position  and that the  Legislature should  mandate that  the                                                                   
Department's commissioner to address it.                                                                                        
                                                                                                                                
Co-Chair    Meyer   suggested    the   note   be    modified.                                                                   
Representative Hawker  did not think the bill  should require                                                                   
additional personnel.                                                                                                           
                                                                                                                                
4:50:29 PM                                                                                                                    
                                                                                                                                
Representative   McGuire   agreed   with  the   comments   of                                                                   
Representative  Hawker.   If the  Department  wanted to  pull                                                                   
someone from  within the ranks  and make them  deputy medical                                                                   
examiner, that  could work.   She noted  that it was  not the                                                                   
intent to micromanage the Division.                                                                                             
                                                                                                                                
4:51:36 PM                                                                                                                    
                                                                                                                                
Representative Hawker  recommended that the note  as written,                                                                   
suits the system.                                                                                                               
                                                                                                                                
Representative Kelly agreed it  should be addressed, however,                                                                   
cautioned that  the language should indicate  the Committee's                                                                   
intent.                                                                                                                         
                                                                                                                                
Representative  Foster   MOVED  to  report  HB   225  out  of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HB   225  was   reported  out   of  Committee   with  a   "no                                                                   
recommendation" and  with zero note  #1 by the  Department of                                                                   
Health & Social Services.                                                                                                       
                                                                                                                                
4:53:08 PM