Legislature(2023 - 2024)BUTROVICH 205

05/06/2024 01:30 PM Senate JUDICIARY

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 228 MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE TELECONFERENCED
Moved CSHB 228(STA) AM Out of Committee
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
+= HB 238 CRIMINAL MISCHIEF 3RD DEGREE TELECONFERENCED
Moved SCS CSHB 238(JUD) Out of Committee
        HB 228-MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE                                                                    
                                                                                                                                
1:33:51 PM                                                                                                                    
CHAIR CLAMAN  announced the  consideration of  CS FOR  HOUSE BILL                                                               
NO. 228(STA)  am "An Act  establishing the Alaska task  force for                                                               
the regulation  of psychedelic medicines  approved by  the United                                                               
States  Food  and  Drug  Administration;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
CHAIR CLAMAN  said this  is the  first hearing of  HB 228  in the                                                               
Senate Judiciary Committee. The  committee heard and reported out                                                               
the Senate companion bill, SB 166.                                                                                              
                                                                                                                                
1:34:08 PM                                                                                                                    
CHAIR CLAMAN invited Mr. Zuelow to  put himself on the record and                                                               
explain the differences  between the two companion  bills, HB 228                                                               
and SB 166.                                                                                                                     
                                                                                                                                
1:34:34 PM                                                                                                                    
CALVIN  ZUELOW, Staff,  Representative  Jennie Armstrong,  Alaska                                                               
State  Legislature, Juneau,  Alaska, paraphrased  the differences                                                               
between  companion bills  HB  228  and SB 166  on  behalf of  the                                                               
sponsor:                                                                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                     Summary of Differences                                                                                   
                              with                                                                                            
               CSHB 228 (STA) am - 33-LS0976\T.A                                                                              
             Companion CSSB 166 (JUD)  33-LS1062\N                                                                            
                                                                                                                                
     1. The title of the task force has been changed in HB
        228 from the  "Alaska mental health  and psychedelic                                                                    
        medicine task force" to  the "Alaska task  force for                                                                    
        the regulation of psychedelic  medicines approved by                                                                    
        the United  States  Food  and Drug  Administration."                                                                    
        This change was made to better  represent the duties                                                                    
        of the task force.  This change is reflected  in the                                                                    
        title of  the bill,  in the  beginning of  section 1                                                                    
        (page 1 lines 7 to 9), and in section 1(h).                                                                             
                                                                                                                                
     2. A new paragraph has been added to  HB 228 as section                                                                    
        1(b)(11),  and   the   following  subsections   were                                                                    
        renumbered. The  new  section  1(b)(11) reads,  "one                                                                    
        member who is a pharmacist, selected by the board of                                                                    
        directors of the Alaska Pharmacy Association."                                                                          
                                                                                                                                
     3. The language in  section 1(b)(10)  of SB  166, which                                                                    
        reads, "one member of the faculty of the division of                                                                    
        population health  sciences  at  the  University  of                                                                    
        Alaska, selected by the president  of the University                                                                    
        of Alaska," was  deleted from  HB 228  and following                                                                    
        subsections were renumbered.                                                                                            
                                                                                                                                
     4. A new paragraph has been added to  HB 228 as section                                                                    
        1(b)(7),  and   the   following   subsections   were                                                                    
        renumbered. The  new  section  1(b)(7)  reads,  "one                                                                    
        member who is a physician  or osteopath specializing                                                                    
        in behavioral  health,  selected  by  the  Board  of                                                                    
       Trustees of the Alaska State Medical Association."                                                                       
                                                                                                                                
     5. The language  in section  1(b)(7) of  SB 166,  which                                                                    
        reads  "one  member  representing   the  psychiatric                                                                    
        profession, selected  by the  governing body  of the                                                                    
        Alaska Psychiatric Association"  was reworded  in HB
        228's  equivalent  section  1(b)(8)  to  read,  "one                                                                    
        member who is a physician  or osteopath specializing                                                                    
        in psychiatry, selected by the governing body of the                                                                    
        Alaska Psychiatric Association."                                                                                        
                                                                                                                                
     6. The number of members  the task force  could appoint                                                                    
        after assembling  under section  1(b)(13) of  SB 166                                                                    
        was reduced from three to one in HB 228's equivalent                                                                    
        section, 1(b)(14).                                                                                                      
                                                                                                                                
     7. The language in section 1(c) of SB 166, which reads,                                                                    
        "The task force shall  elect a chair from  among its                                                                    
        members," was deleted  and replaced  in HB  228 with                                                                    
        language that reads,  "The members appointed  by the                                                                    
        president of the senate and the speaker of the house                                                                    
        of representatives  under (b)(12)  and (13)  of this                                                                    
        section shall serve as co-chairs of  the task force.                                                                    
        A member  appointed under  (b)(12) or  (13) of  this                                                                    
        section may select a designee to attend a meeting of                                                                    
        the task force on the member's behalf."                                                                                 
                                                                                                                                
     8. The date  the  task force's  report  is  due to  the                                                                    
        legislature and  the governor  was moved  to January                                                                    
        31, 2025 in  HB 228,  from December  31, 2024  in SB
        166. The task force's termination date  was moved to                                                                    
        the end of  the first  session of  the Thirty-Fourth                                                                    
        Legislature,  where  in   SB  166  the   task  force                                                                    
        terminates the  day  the  Thirty-Fourth  Legislature                                                                    
        convenes.                                                                                                               
                                                                                                                                
      9. The language in section 1(a)(1) in SB 166 reads,                                                                       
        "assess the potential use of psychedelic medicine in                                                                    
        addressing the state's ongoing mental health crisis,                                                                    
        as  well  as   in  treating  chronic   and  terminal                                                                    
        illnesses and in end-of-life  care." Section 1(a)(1)                                                                    
        of HB 228 was not amended to  include the second and                                                                    
        third clauses and  reads, "assess the  potential use                                                                    
        of psychedelic  medicine in  addressing the  state's                                                                    
        ongoing mental health crisis."                                                                                          
                                                                                                                                
1:37:01 PM                                                                                                                    
SENATOR TOBIN referred to  page 2, line 3 of HB  228 and number 9                                                               
in the summary  of differences. She sought  confirmation that the                                                               
sponsor's  definition of  "ongoing  mental  health crisis"  would                                                               
include  Alaska's aging  population and  individuals experiencing                                                               
mental  health stress  related to  potential  palliative care  or                                                               
geriatric needs.                                                                                                                
                                                                                                                                
1:37:49 PM                                                                                                                    
MR. ZUELOW replied yes, that is correct.                                                                                        
                                                                                                                                
1:37:56 PM                                                                                                                    
CHAIR CLAMAN asked about the  impetus for designating legislative                                                               
appointees  as  the co-chairs  of  the  task force,  rather  than                                                               
allowing the task force to select its own co-chairs.                                                                            
                                                                                                                                
1:38:12 PM                                                                                                                    
MR.  ZUELOW replied  that HB  228  was originally  drafted as  an                                                               
executive  task force.  The House  Special Committee  on Military                                                               
and  Veterans'  Affairs  adopted   a  committee  substitute  that                                                               
changed it  to a legislative  task force and determined  it would                                                               
be appropriate for legislative members to appoint the chairs.                                                                   
                                                                                                                                
1:38:31 PM                                                                                                                    
CHAIR CLAMAN asked whether legislators are eligible to vote.                                                                    
                                                                                                                                
MR.  ZUELOW replied  that they  are  voting members  of the  task                                                               
force.                                                                                                                          
                                                                                                                                
1:38:42 PM                                                                                                                    
CHAIR CLAMAN opened public testimony on HB 228.                                                                                 
                                                                                                                                
1:39:16 PM                                                                                                                    
BAILEY  STUART,   Owner,  Stuart  Consulting,   Wasilla,  Alaska,                                                               
testified  in support  of  HB  228. She  stated  that  she is  an                                                               
adjunct professor  at the University  of Alaska  Anchorage, where                                                               
she  educates students  on cannabis  regulations. She  noted that                                                               
she opened the first dispensary  in the Mat-Su Borough, serves on                                                               
a nonprofit  board supporting  veterans and  disabled active-duty                                                               
members, and serves on the Marijuana Control Board.                                                                             
                                                                                                                                
MS. STUART stated  that, based on her experience  with Schedule I                                                               
substances, she believes it is in  the best interest of the state                                                               
and  its veterans  to begin  holding discussions.  She referenced                                                               
human trials  conducted through  the Federal  Drug Administration                                                               
(FDA)  and  noted  that,  in  January,  the  U.S.  Department  of                                                               
Veterans Affairs  (VA) issued  a request  for proposals  to study                                                               
the  use  of certain  psychedelic  compounds  for treating  post-                                                               
traumatic stress  disorder and  depression. She  highlighted that                                                               
this is the first time since  the 1960s that the VA has conducted                                                               
studies on these compounds.                                                                                                     
                                                                                                                                
MS. STUART  expressed her belief  that it is important  to public                                                               
health  and safety  for veterans  and Alaska  residents to  begin                                                               
discussions  now about  what regulatory  structures should  be in                                                               
place  following  FDA  approval  of  psychedelic  medicines.  She                                                               
emphasized  the  need  to anticipate  and  prepare  a  regulatory                                                               
framework  before  approval  occurs   to  avoid  confusion  among                                                               
practitioners and  the public. Drawing  on her  experience during                                                               
the legalization  of marijuana in Alaska  before regulations were                                                               
established,  she  cautioned that  a  lack  of preparation  could                                                               
create similar  public uncertainty, even though  legalization and                                                               
FDA approval are different processes.                                                                                           
                                                                                                                                
MS. STUART  stated that the  future of medicine,  particularly in                                                               
mental  health  care,  is   moving  toward  assisted  psychedelic                                                               
therapy.  She  expressed  her  belief that  HB  228  outlines  an                                                               
appropriate membership structure  for the task force  and that it                                                               
could play  a vital role  in addressing the mental  health crisis                                                               
faced by Alaska and its veterans.                                                                                               
                                                                                                                                
MS. STUART  requested the committee  support HB  228, emphasizing                                                               
the  importance   of  preparing   for  the  anticipated   use  of                                                               
psychedelic medicine in a way  that prioritizes public health and                                                               
safety.                                                                                                                         
                                                                                                                                
1:42:07 PM                                                                                                                    
CHAIR CLAMAN closed public testimony on HB 228.                                                                                 
                                                                                                                                
CHAIR CLAMAN solicited the will of the committee.                                                                               
                                                                                                                                
1:42:19 PM                                                                                                                    
SENATOR TOBIN  moved to report  CSHB 228(STA) am, work  order 33-                                                               
LS0976\T.A,  from committee  with individual  recommendations and                                                               
attached zero fiscal note(s).                                                                                                   
                                                                                                                                
1:42:38 PM                                                                                                                    
CHAIR  CLAMAN  found  no  objection  and  CSHB  228(STA)  am  was                                                               
reported from the Senate Judiciary Standing Committee.                                                                          

Document Name Date/Time Subjects
HB 228 veresion T.A.A SJUD 5/6/2024 1:30:00 PM
HB 228
HB 228 Sponsor Statement T.A 5.3.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
HB 228 Sectional Analysis T.A 5.3.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
HB 228 Summary of Changes T to T.A 5.3.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
HB 228 T.A vs SB 166 N Summary of Differences 5.3.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
SB 166
HB 228 Fiscal Note DCCED-COMM 3.5.2024.pdf SJUD 5/6/2024 1:30:00 PM
HB 228
HB 238 version S.pdf SJUD 5/6/2024 1:30:00 PM
HB 238
HB 238 Summary of Changes Version B to S.pdf SJUD 5/6/2024 1:30:00 PM
HB 238