04/11/2006 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic | 
|---|---|
| Start | |
| HB467 | |
| SB177 | |
| HB426 | |
| HB482 | |
| HB467 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 467 | TELECONFERENCED | |
| += | HB 426 | TELECONFERENCED | |
| += | HB 482 | TELECONFERENCED | |
| += | HB 29 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 177 | TELECONFERENCED | |
| += | HB 468 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
 HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                         April 11, 2006                                                                                         
                           3:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Peggy Wilson, Chair                                                                                              
Representative Paul Seaton, Vice Chair                                                                                          
Representative Tom Anderson                                                                                                     
Representative Carl Gatto                                                                                                       
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Vic Kohring                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 467                                                                                                              
"An Act relating to the administration of prescribed remedies                                                                   
and dietary supplements by a nurse."                                                                                            
                                                                                                                                
     - MOVED CSHB 467(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR SENATE BILL NO. 177(HES)                                                                                                 
"An  Act  eliminating  the  prohibition on  the  use  by  certain                                                               
licensed  professionals of  titles  or  descriptions of  services                                                               
that  incorporate  the terms  'psychoanalysis,'  'psychoanalyst,'                                                               
psychotherapy,' 'psychotherapeutic,' or 'psychotherapist.'"                                                                     
                                                                                                                                
     - MOVED CSSB 177(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 426                                                                                                              
"An Act relating to medical assistance eligibility and coverage                                                                 
for persons under 21 years of age."                                                                                             
                                                                                                                                
     - MOVED CSHB 426(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR HOUSE BILL NO. 482(EDU)                                                                                                  
"An Act relating to harassment, intimidation, and bullying in                                                                   
schools."                                                                                                                       
                                                                                                                                
     - MOVED CSHB 482(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 468                                                                                                              
"An Act  relating to  disclosure of  employment information  on a                                                               
medical assistance application and  a hospital intake report; and                                                               
requiring  the  Department  of  Health  and  Social  Services  to                                                               
prepare and  publicize a  report pertaining  to employers  who do                                                               
not provide health insurance."                                                                                                  
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 29                                                                                                               
"An Act relating to health care insurance and to the                                                                            
Comprehensive Health Insurance Association; and providing for an                                                                
effective date."                                                                                                                
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 467                                                                                                                  
SHORT TITLE: ADMINISTRATION OF MEDICATION BY A NURSE                                                                            
SPONSOR(s): REPRESENTATIVE(s) KELLY                                                                                             
                                                                                                                                
02/13/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/06       (H)       HES, FIN                                                                                               
03/28/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/28/06       (H)       <Bill Hearing Postponed to 03/30/06>                                                                   
03/30/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/30/06       (H)       -- Meeting Canceled --                                                                                 
04/04/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/04/06       (H)       <Bill Hearing Postponed to 04/06/06>                                                                   
04/06/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/06/06       (H)       -- Rescheduled from 04/04/06 --                                                                        
04/11/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: SB 177                                                                                                                  
SHORT TITLE: PRACTICE OF PSYCHOLOGY                                                                                             
SPONSOR(s): HEALTH, EDUCATION & SOCIAL SERVICES BY REQUEST                                                                      
                                                                                                                                
04/15/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/05       (S)       HES, L&C                                                                                               
04/20/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/20/05       (S)       Scheduled But Not Heard                                                                                
01/25/06       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
01/25/06       (S)       Heard & Held                                                                                           
01/25/06       (S)       MINUTE(HES)                                                                                            
02/01/06       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
02/01/06       (S)       -- Rescheduled to 02/03/06 --                                                                          
02/03/06       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
02/03/06       (S)       -- Rescheduled from 02/01/06 --                                                                        
02/06/06       (S)       HES RPT CS  2DP 1NR          NEW TITLE                                                                 
02/06/06       (S)       DP: DYSON, ELTON                                                                                       
02/06/06       (S)       NR: GREEN                                                                                              
02/14/06       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/14/06       (S)       Moved CSSB 177(HES) Out of Committee                                                                   
02/14/06       (S)       MINUTE(L&C)                                                                                            
02/15/06       (S)       L&C RPT CS(HES)  3DP 2NR                                                                               
02/15/06       (S)       DP: BUNDE, SEEKINS, STEVENS B                                                                          
02/15/06       (S)       NR: DAVIS, ELLIS                                                                                       
02/22/06       (S)       TRANSMITTED TO (H)                                                                                     
02/22/06       (S)       VERSION: CSSB 177(HES)                                                                                 
02/24/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/24/06       (H)       HES, L&C                                                                                               
03/28/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/28/06       (H)       <Bill Hearing Postponed to 04/04/06>                                                                   
04/04/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/04/06       (H)       <Bill Hearing Postponed to 04/06/06>                                                                   
04/06/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/06/06       (H)       -- Rescheduled from 04/04/06 --                                                                        
04/11/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 426                                                                                                                  
SHORT TITLE: MEDICAL ASSISTANCE FOR PERSONS UNDER 21                                                                            
SPONSOR(s): REPRESENTATIVE(s) COGHILL                                                                                           
                                                                                                                                
02/06/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/06       (H)       HES, FIN                                                                                               
02/23/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/23/06       (H)       <Bill Hearing Rescheduled to 2/28/06>                                                                  
02/28/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/28/06       (H)       Scheduled But Not Heard                                                                                
03/16/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/16/06       (H)       -- Meeting Canceled --                                                                                 
03/21/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/21/06       (H)       Heard & Held                                                                                           
03/21/06       (H)       MINUTE(HES)                                                                                            
03/28/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/28/06       (H)       <Bill Hearing Postponed to 03/30/06>                                                                   
03/30/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/30/06       (H)       -- Meeting Canceled --                                                                                 
04/04/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/04/06       (H)       <Bill Hearing Postponed to 04/11/06>                                                                   
04/11/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 482                                                                                                                  
SHORT TITLE: SCHOOL:BULLYING/HARASSMENT/INTIMIDATION                                                                            
SPONSOR(s): REPRESENTATIVE(s) ANDERSON                                                                                          
                                                                                                                                
02/13/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/06       (H)       EDU, HES, JUD                                                                                          
03/16/06       (H)       EDU AT 11:00 AM CAPITOL 106                                                                            
03/16/06       (H)       Moved CSHB 482(EDU) Out of Committee                                                                   
03/16/06       (H)       MINUTE(EDU)                                                                                            
03/20/06       (H)       EDU RPT CS(EDU) 1DNP 3NR 1AM                                                                           
03/20/06       (H)       DNP: LYNN;                                                                                             
03/20/06       (H)       NR: GARA, THOMAS, NEUMAN;                                                                              
03/20/06       (H)       AM: GATTO                                                                                              
04/03/06       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
04/04/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/04/06       (H)       <Bill Hearing Postponed to 04/06/06>                                                                   
04/06/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/06/06       (H)       -- Rescheduled from 04/04/06 --                                                                        
04/10/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/10/06       (H)       <Bill Hearing Postponed to 04/12/06>                                                                   
04/11/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 468                                                                                                                  
SHORT TITLE: HEALTH CARE DISCLOSURE                                                                                             
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG                                                                                         
                                                                                                                                
02/13/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/06       (H)       HES, FIN                                                                                               
03/28/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/28/06       (H)       <Bill Hearing Postponed to 03/30/06>                                                                   
03/30/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/30/06       (H)       -- Meeting Canceled --                                                                                 
04/04/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/04/06       (H)       Heard & Held                                                                                           
04/04/06       (H)       MINUTE(HES)                                                                                            
04/11/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DEREK MILLER, Staff                                                                                                             
to Representative Michael "Mike" Kelly                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced the Committee Substitute (CS) to                                                                
HB 467 on behalf of Representative Kelly, sponsor.                                                                              
                                                                                                                                
RICK SHIKORA, Certified Public Accountant (CPA)                                                                                 
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of CSHB 467, Version                                                                  
F.                                                                                                                              
                                                                                                                                
CATHERINE GIESSEL, Master of Science in Nursing (MSN)                                                                           
Registered Nurse (RN)                                                                                                           
Advanced Nurse Practitioner (ANP);                                                                                              
Chairperson, Alaska Board of Nursing (ABN)                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition of HB 467.                                                                         
                                                                                                                                
MICHAEL ELLENBURG, Medical Doctor (MD)                                                                                          
Comprehensive Medicine, Limited Liability Company (LLC)                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 467.                                                                                       
                                                                                                                                
JASON HOOLEY, Staff                                                                                                             
to Senator Fred Dyson                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 177 on behalf of Senator                                                                      
Dyson, sponsor.                                                                                                                 
                                                                                                                                
ANNE HENRY                                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Offered to respond to questions on SB 177.                                                                 
                                                                                                                                
JOHN MILLER, Ph.D., Psychologist;                                                                                               
Member, Board of Psychologists and Psychological Examiners                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 177.                                                                            
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
to Representative John Coghill                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced CSHB 426, Version L, on behalf                                                                  
of Representative Coghill, sponsor,                                                                                             
                                                                                                                                
STACIE KRALY, Chief Assistant Attorney General                                                                                  
Statewide Section Supervisor                                                                                                    
Human Services Section;                                                                                                         
Civil Division                                                                                                                  
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 426.                                                                                       
                                                                                                                                
CRYSTAL NOVOTNEY, Staff                                                                                                         
to Representative Tom Anderson                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Introduced   HB  482,   on  behalf   of                                                               
Representative Anderson, prime sponsor.                                                                                       
                                                                                                                              
KATIE SINGLETON,                                                                                                                
Bye-Bye Bullies                                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 482.                                                                            
                                                                                                                              
CINDY FOLSOM, Staff                                                                                                             
to Representative Sharon Cissna                                                                                                 
Alaska State Legislature;                                                                                                       
Retired School Counselor                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in  support of HB  482, Amendment                                                               
1.                                                                                                                              
                                                                                                                              
REPRESENTATIVE KELLY                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 467, as sponsor.                                                                           
                                                                                                                              
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR PEGGY WILSON called the  House Health, Education and Social                                                             
Services  Standing  Committee meeting  to  order  at 3:10:32  PM.                                                             
Representatives  Gardner,  Anderson,   Cissna,  and  Wilson  were                                                               
present at the  call to order.  Representatives  Gatto and Seaton                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB 467-ADMINISTRATION OF MEDICATION BY A NURSE                                                                                
                                                                                                                                
3:10:42 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
HOUSE BILL  NO. 467,  "An Act relating  to the  administration of                                                               
prescribed  remedies   and  dietary  supplements  by   a  nurse."                                                               
[Before the committee was HB 467, Version 24-LS1265\G.]                                                                         
                                                                                                                                
3:12:13 PM                                                                                                                    
                                                                                                                                
[Treated  as  adopted and  before  the  committee was  CSHB  467,                                                               
Version 24-LS1265\F, Mischel, 4/7/06.]                                                                                          
                                                                                                                                
DEREK  MILLER,  Staff  to Representative  Michael  "Mike"  Kelly,                                                               
Alaska  State Legislature,  introduced  the Committee  Substitute                                                               
(CS) to HB 467, paraphrasing  from a written statement which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
   1)Would we be permitting nurses to administer non-                                                                         
     prescribed  dietary supplements  based on  the language                                                                    
     in page 1, line 5?                                                                                                         
                                                                                                                                
     Answer:   No we  would not,  because the  definition of                                                                  
     "prescribed remedy or  dietary supplement" beginning on                                                                    
     page 1, line 14 of the bill addresses this concern.                                                                        
                                                                                                                                
   2) Does this bill only allow the administration of                                                                         
     remedies and dietary supplements if an Advanced                                                                            
     Practice Nurse (APN) prescribes them, or does it                                                                           
     encompass all professionals with prescriptive                                                                              
     authority?                                                                                                                 
                                                                                                                                
     Answer:      No,   under   Title   8   Advanced   Nurse                                                                  
     Practitioners,   physicians,    physician   assistants,                                                                    
     dentists and podiatrists can prescribe.                                                                                    
                                                                                                                                
   3) How can we insert language into the bill that will                                                                      
     ensure that the Board of   Nursing and the nursing                                                                         
     community at-large incorporate safeguards or a set of                                                                      
     guidelines for nurses to follow for administration of                                                                      
     dietary supplements?                                                                                                       
                                                                                                                                
     Answer:    Yes,  and  I  will  provide  a  CS  for  the                                                                  
     committee to adopt with the  language that would charge                                                                    
     the  Board  of  Nursing   to  establish  standards  and                                                                    
     regulations  for   the  administration   of  prescribed                                                                    
     remedies and dietary supplements.                                                                                          
                                                                                                                                
3:15:16 PM                                                                                                                    
                                                                                                                                
RICK SHIKORA, Certified Public Accountant (CPA), stated support                                                                 
for CSHB 467, Version F, and paraphrased from the following                                                                     
written statement [original punctuation provided]:                                                                              
                                                                                                                                
     My  98  year  old  grandmother is  a  resident  of  the                                                                    
     Fairbanks Pioneers'  home and  is the reason  this bill                                                                    
     is before you today.  But  i didn't ask that this issue                                                                    
     be  addressed  just  for  her  benefit,  but  for  many                                                                    
     similarly situated individuals.                                                                                            
                                                                                                                                
     The  board   of  nursing  in  its   own  testimony  has                                                                    
     indicated that  it has not resolved  this issue despite                                                                    
     its being up before it three or four times.                                                                                
                                                                                                                                
     I will  attend the upcoming  June meeting of  the board                                                                    
     of   nursing  to   help  them   with   ideas  for   the                                                                    
     regulations.   I  have  previously  provided them  with                                                                    
     some of  my thoughts in  policy form and  that document                                                                    
     could easily be a base with which to start.                                                                                
                                                                                                                                
     I  wholeheartedly  support   committee  substitute  for                                                                    
     hb467 as it  provides clear direction for  the board to                                                                    
     address this  critical issue, yet leaves  them with the                                                                    
     latitude to  make sure that  the most  paramount issue,                                                                    
     safety of the patient, is protected.                                                                                       
                                                                                                                                
     I urge you to pass this committee substitute today.                                                                        
                                                                                                                                
                                                                                                                                
3:17:17 PM                                                                                                                    
                                                                                                                                
CATHERINE   GIESSEL,  Master   of  Science   in  Nursing   (MSN),                                                               
Registered  Nurse   (RN),  Advanced  Nurse   Practitioner  (ANP);                                                               
Chairperson,  Alaska   Board  of  Nursing  (ABN),   testified  in                                                               
opposition  to HB  467 and  maintained her  initial concerns  for                                                               
this legislation stating:                                                                                                       
                                                                                                                                
     You  are asking  [the  Board of  Nursing] to  establish                                                                    
     standards for something that is  non-approved.  That is                                                                    
     ...   contradictory   [because]  standards   refer   to                                                                    
     creating  a  level of  quality  or  excellence that  is                                                                    
     acceptable  as   the  norm.  ...  I'm   not  sure  that                                                                    
     [standard] is  the proper term  to use. ... In  line 9,                                                                    
     page 1, it  talks about the Board  of Nursing including                                                                    
     in  these  standards   safeguards.    Essentially  what                                                                    
     you're asking  the Board of  Nursing to undertake  is a                                                                    
     task  that  the federal  government,  with  all of  its                                                                    
     resources  has not  undertaken to  do, and  that is  to                                                                    
     assure  safeguards.   We have  established a  safeguard                                                                    
     and that  is that these  substances are not safe.   ...                                                                    
     I'm  not quite  sure  how ...  that  standard could  be                                                                    
     attained.   It goes on in  the CS to say  ... [page 1],                                                                    
     line  11,  "[standards  must  include  safeguards  that                                                                    
     prevent the administration] ...  if the prescription is                                                                    
     for  an amount  of  the remedy  or  supplement that  is                                                                    
     outside the  manufacturer's recommended dosage  for ...                                                                    
     a patient of the same  physical condition."  ... You're                                                                    
     asking   [nurses]   to   go   by   the   manufacturer's                                                                    
     recommended   dosage.     The  manufacturers   are  the                                                                    
     financial  beneficiaries  of  this  product,  therefore                                                                    
     have  a  vested interest  in  how  much of  it  they're                                                                    
     selling.   Why  would  we  consider the  manufacturer's                                                                    
     recommended dosage  reliable?  [Manufacturers]  have no                                                                    
     liability  for  adverse  responses to  these  products;                                                                    
     these   substances   are   not  regulated   [and]   the                                                                    
     recommended dosage  varies between manufacturers.   ...                                                                    
     I'm not sure  you're creating a standard or  a level of                                                                    
     excellence  that is  attainable.   At the  end of  that                                                                    
     sentence it  refers to a  patient of the  same physical                                                                    
     condition.   For  a registered  nurse to  establish the                                                                    
     physical condition of a patient,  ... would require her                                                                    
     to  actually  do  a  medical  examination  and  make  a                                                                    
     medical diagnosis;  this falls outside of  her scope of                                                                    
     practice.  When I look  at the definition ... [page 2],                                                                    
     [line  3],   ...  referring  to  herbal,   and  vitamin                                                                    
     remedies.  I  would point out that  the two supplements                                                                    
     ... brought  to the boards attention  ... [are neither]                                                                    
     herbs  or vitamin  remedies.   I would  perhaps suggest                                                                    
     that Representative  Kelly might  want to look  at that                                                                    
     definition ....  I would  also bring to the committee's                                                                    
     attention SB 313.   This bill would...  [place] an herb                                                                    
     ...  into  the  category  of  a  class  two  controlled                                                                    
     substance.  ... On  a  database  called Up-To-Date  ...                                                                    
     [an]  article  on  this   particular  family  of  herbs                                                                    
     [describes]  the kidney  disease ...  caused from  [the                                                                    
     herb]  ... being  given in  a weight  reduction clinic.                                                                    
     ...  I  hope  [this]   ...  illustrate[s]  to  you  the                                                                    
     unregulated  and dangerous  position  that these  herbs                                                                    
     and substances  are in.  ...  I don't know if  you have                                                                    
     yet received the letter from  ...  [two] pharmacist [s]                                                                    
     ... in  Anchorage.   Both of these  letters will  be in                                                                    
     support   of    the   board's   position    that   [the                                                                    
     administration of supplements] is an unsafe practice.                                                                      
                                                                                                                                
3:23:17 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked whether Ms. Giessel could suggest language                                                                   
and terms that would help to improve this bill and make it more                                                                 
workable and inclusive.                                                                                                         
                                                                                                                                
3:23:52 PM                                                                                                                    
                                                                                                                                
MS. GIESSEL offered the term "dietary supplement" be                                                                            
incorporated to encompass some of the supplements discussed.                                                                    
However, she  opined that a  language change would not  bring the                                                               
bill into line  with the Board of Nursing's stance.   She offered                                                               
to  provide  further  data to  illustrate  that  supplements  are                                                               
"dangerous" and not  benign substances that can  be taken without                                                               
concern.                                                                                                                        
                                                                                                                                
3:25:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON asked who  endorses the legislation as it                                                               
is currently written.                                                                                                           
                                                                                                                                
MR. MILLER directed  attention to the letters  in the committee's                                                               
packet, including  one from the  Alaska Nurses  Association (ANA)                                                               
indicating  the recommendations/action  they have  taken on  this                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE ANDERSON inquired on  whose behalf Ms. Giessel was                                                               
testifying.                                                                                                                     
                                                                                                                                
MS. GIESSEL  indicated that she  represents and speaks  on behalf                                                               
of  the Alaska  Board  of  Nursing (ABN),  and  that  she has  no                                                               
affiliation with the ANA.                                                                                                       
                                                                                                                                
CHAIR WILSON pointed out the  letter of support received from the                                                               
Alaska State Nursing Home Association (ASNHA).                                                                                  
                                                                                                                                
REPRESENTATIVE ANDERSON clarified:                                                                                              
                                                                                                                                
     [Ms. Giessel]  ...the Board  of Nursing  has authorized                                                                    
     you, the Board of  Nursing meaning under the Department                                                                    
     of  Occupational Licensing,  ... the  peer review  that                                                                    
     licenses  nurses in  the industry,  ... have  requested                                                                    
     that you testify today.                                                                                                    
                                                                                                                                
MS. GIESSEL replied, "You are correct."                                                                                         
                                                                                                                                
3:27:10 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  opined that  the  language  of the  bill  provides                                                               
latitude for  the board to  comply with the  nursing regulations,                                                               
and that  perhaps the term  "guidelines" rather  than "standards"                                                               
could  prove  helpful.    She  suggested  that  the  board  could                                                               
stipulate appropriate  requirements to ensure safeguards  such as                                                               
a provision  that a  supplement must  carry an  endorsement stamp                                                               
from the United States Pharmacopeia (USP).                                                                                      
                                                                                                                                
3:28:09 PM                                                                                                                    
                                                                                                                                
MR. MILLER stated  that these points are what the  ANA expects to                                                               
bring before  the Board  of Nursing,  for creating  safeguards in                                                               
implementing this bill.                                                                                                         
                                                                                                                                
3:28:38 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  established that subsequently  the bill will  be in                                                               
the Finance Committee.                                                                                                          
                                                                                                                                
REPRESENTATIVE  CISSNA   described  her  own  usage   of  dietary                                                               
supplements  without adverse  effects,  concern  from her  health                                                               
care  provider, or  research literature  that would  cause alarm.                                                               
She asked, "Why is [taking a supplement] so dangerous?"                                                                         
                                                                                                                                
3:30:10 PM                                                                                                                    
                                                                                                                                
MS. GIESSEL established  that this bill is being  written for the                                                               
use  of a  myriad  of  supplements.   She  pointed  out that  the                                                               
situation  under  which  a healthy  outpatient  self  administers                                                               
supplements,   is  a   different  scenario   than  having   these                                                               
supplements  administered to  a  category of  people in  resident                                                               
facilities, who may  have multiple disease diagnoses  and who are                                                               
taking multiple  medications.  She stressed  the vulnerability of                                                               
this class of patients and  maintained concerns for side effects,                                                               
allergic reactions, and the viability of a supplement product.                                                                  
                                                                                                                                
3:33:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  stated that  it is her  understanding that                                                               
current   law  allows   nurses   the  choice   to  abstain   from                                                               
administering a substance if they so choose.                                                                                    
                                                                                                                                
3:33:32 PM                                                                                                                    
                                                                                                                                
MS.  GIESSEL clarified  that it  is not  law which  provides that                                                               
possibility but rather the ethical  code of nursing.  She offered                                                               
a summary of the position  originally established by the Board of                                                               
Nursing in the late 1990's:                                                                                                     
                                                                                                                                
     Because   we   cannot   assure  the   purity   of   the                                                                    
     substance[s] ...,  the Board  of Nursing has  taken the                                                                    
     position that it  is outside the scope  of practice for                                                                    
     a   registered   nurse    to   administer   nutritional                                                                    
     supplements,  herbal  or  homeopathic  supplements,  or                                                                    
     other non-FDA approved medications.                                                                                        
                                                                                                                                
                                                                                                                                
MS. GIESSEL  directed attention to  the committee packet  and the                                                               
example provided in  the Alaska Board of  Nursing Position Paper,                                                               
March 2006,  page 2,  paragraph 3, which  provides an  example of                                                               
how this ethical code is implemented.                                                                                           
                                                                                                                                
3:34:59 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  asked  whether  a nurse  would  have  her  license                                                               
revoked if she violated the code of ethics.                                                                                     
                                                                                                                                
MS. GIESSEL responded  that violations of the  Nurse Practice Act                                                               
are scrutinized  on an individual  basis, making it  difficult to                                                               
make a blanket  statement of what might be imposed.   However, it                                                               
is a possibility  that a license could be revoked  if a complaint                                                               
were filed and found to be justified.                                                                                           
                                                                                                                                
3:35:28 PM                                                                                                                    
                                                                                                                                
MR. MILLER held forth Representative Kelly's position stating:                                                                  
                                                                                                                                
     The facilities  are equipped with  the proper  tools to                                                                    
     enable them to be able  to follow through with a policy                                                                    
     like this; between the doctors,  the pharmacies and the                                                                    
     pharmacists, the  facility, the administrators  ... the                                                                    
     patient willingness, the willingness  of the nurse, and                                                                    
     ...  the patient  need for  some of  these supplements,                                                                    
     that  we  can  go  ahead and  move  forward  with  this                                                                    
     policy.                                                                                                                    
                                                                                                                                
MR.  MILLER pointed  out that  this effectively  involves six  or                                                               
seven levels  of safeguards  prior to  a supplement  reaching the                                                               
patient.   Despite  these layers  of protection,  because of  the                                                               
current Board of Nursing policy,  facility residents are not able                                                               
to  receive these  supplements,  hence the  frustration of  those                                                               
people  who  would  choose  to receive  or  to  administer  these                                                               
supplements.                                                                                                                    
                                                                                                                                
3:36:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  requested a  synopsis  of  the Board  of                                                               
Nursing mission statement.                                                                                                      
                                                                                                                                
3:36:51 PM                                                                                                                    
                                                                                                                                
MS. GIESSEL  pointed out that it  is in the committee  packet and                                                               
stated it  as:  "To  ensure public safety through  the regulation                                                               
of safe  nursing practice."   She explained  that when  the board                                                               
writes  a   policy  or  takes   a  position  they  look   at  the                                                               
implications with a  broad population in mind.   Referring to Mr.                                                               
Miller's remarks,  she said  that there  are pharmacists  who are                                                               
aligned with  the Board  of Nursing position  on this  issue, and                                                               
she  pointed  out   that  assisted  living  homes   do  not  have                                                               
affiliated pharmacists.                                                                                                         
                                                                                                                                
3:38:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON  stated his understanding that  the Board                                                               
of  Nursing is  against the  administering of  these remedies  or                                                               
dietary  substances, in  residential facilities  because "of  the                                                               
fear that they are dangerous in  many respects and the nurses may                                                               
not have an understanding of their effects."                                                                                    
                                                                                                                                
3:38:47 PM                                                                                                                    
                                                                                                                                
MS. GIESSEL clarified that it is  not fear but a conclusion drawn                                                               
from documented  scientific review,  based on  clinical evidence.                                                               
She stated:                                                                                                                     
                                                                                                                                
     [The board]  has taken ... an  objective impartial look                                                                    
     at the  medical evidence  that is available  which does                                                                    
     not support these  as safe substances.   And that's the                                                                    
     basis of our decision.                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON  agreed that  taking an  excessive amount                                                               
of  a supplement  may  cause harm,  and asked  to  have a  doctor                                                               
provide an opinion.                                                                                                             
                                                                                                                                
MICHAEL   ELLENBURG,   M.D.,  Comprehensive   Medicine,   Limited                                                               
Liability   Company  ((LLC),   agreed   with   the  concern   for                                                               
administering  supplements in  an  assisted living  home where  a                                                               
formulary  would  need to  be  established  and drug  interaction                                                               
scrutinized.   He  opined that  there could  be various  negative                                                               
results  when  combining   supplements  with  other  medications.                                                               
However, he opined that supplements could be used safely.                                                                       
                                                                                                                                
REPRESENTATIVE ANDERSON suggested  that Dr. Ellenburg's testimony                                                               
is  helpful  in  providing  an  additional  opinion  for  parties                                                               
interested in  this bill.   As  this bill  passes to  the Finance                                                               
Committee, he offered that it will  carry with it an objective to                                                               
attempt to delineate safe quantities.                                                                                           
                                                                                                                                
CHAIR  WILSON stated  that  the legislature  will  not be  making                                                               
those decisions.  The bill  provides for appropriate restrictions                                                               
to be made at the board level.                                                                                                  
                                                                                                                                
REPRESENTATIVE ANDERSON  pointed out  that it would  be important                                                               
to  continue the  process  of  moving this  bill,  and given  the                                                               
calendar it  would be imperative  to move it from  this committee                                                               
today.                                                                                                                          
                                                                                                                                
CHAIR  WILSON  stated  that  the  bill would  be  set  aside  for                                                               
discussion later today.                                                                                                         
                                                                                                                                
REPRESENTATIVE GARDNER  expressed her  reason for  not supporting                                                               
the bill, stating:                                                                                                              
                                                                                                                                
     This  bill is  asking the  Board of  Nursing to  make a                                                                    
     finding  that is  possibly  contrary  to their  mission                                                                    
     statement.  ... I ...  don't feel, ... as a non-medical                                                                    
     professional person,  ... as a legislator,  that I have                                                                    
     the authority,  the expertise to  tell [the  board] ...                                                                    
     to do something that they disagree with medically.                                                                         
                                                                                                                                
3:45:48 PM                                                                                                                    
                                                                                                                                
MR. MILLER  maintained that by  denying this bill we  deny access                                                               
of  people in  resident  facilities to  certain substances  which                                                               
they want  and need.  Neither  does the bill require  that nurses                                                               
administer  anything  unwillingly.   He  opined  that this  is  a                                                               
common sense approach to this  problem, and further, said that it                                                               
is not contradictory to the mission  of the Board of Nursing.  It                                                               
could  be argued  that  the  mission is  not  being fulfilled  by                                                               
denying  the  administration  of these  dietary  supplements  and                                                               
remedies that the patient's request, he suggested.                                                                              
                                                                                                                                
3:46:44 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON said that passage of  this bill puts it in the hands                                                               
of the Board of Nursing for implementation.                                                                                     
                                                                                                                                
REPRESENTATIVE  GARDNER said  that access  to supplements  is not                                                               
being denied, but  if the Board of Nursing ascertains  that it is                                                               
outside  the   scope  of  practice   for  nurses   to  administer                                                               
supplements, other  support would  need to  be employed  for that                                                               
service.   She  opined  that if  the Board  of  Nursing does  not                                                               
support this  action by nurses,  it would not be  appropriate for                                                               
the legislature to contravene that decision.                                                                                    
                                                                                                                                
3:48:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA offered  that  the  bill language  affords                                                               
latitude  to  provide  a  broad  spectrum  result,  which  should                                                               
protect  everyone  involved.   Further,  she  stated  a  personal                                                               
desire   for  the   future   possibility   that  supplements   be                                                               
appropriately   reviewed    and   clinically    administered   in                                                               
residential facilities.                                                                                                         
                                                                                                                                
3:49:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON suggested holding the bill.                                                                             
                                                                                                                                
CHAIR WILSON set  the bill aside for  further consideration later                                                               
in today's meeting.                                                                                                             
                                                                                                                                
3:50:06 PM                                                                                                                    
                                                                                                                                
SB 177-PRACTICE OF PSYCHOLOGY                                                                                                 
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
CS  FOR  SENATE  BILL  NO.  177(HES),  "An  Act  eliminating  the                                                               
prohibition  on  the use  by  certain  licensed professionals  of                                                               
titles  or descriptions  of services  that incorporate  the terms                                                               
'psychoanalysis,'        'psychoanalyst,'        'psychotherapy,'                                                               
'psychotherapeutic,' or 'psychotherapist.'"                                                                                     
                                                                                                                                
3:50:25 PM                                                                                                                    
                                                                                                                                
JASON  HOOLEY,   Staff  to  Senator  Fred   Dyson,  Alaska  State                                                               
Legislature,  presented  SB  177,  on behalf  of  Senator  Dyson,                                                               
paraphrasing  from the  sponsor statement  which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     AS   08.86.180   prohibits   professionals-except   for                                                                  
     licensed  psychologists  and clinical  social  workers-                                                                    
     from using certain terms to  describe their services or                                                                    
     their  titles.   These  terms   include:  "psychology,"                                                                    
     "psychological,"     "psychologist,"     "psychometry,"                                                                    
     "psychotherapy,"                   "psychotherapeutic,"                                                                    
     "psychotherapist,"         "psychoanalysis,"        and                                                                    
     "psychoanalyst." This statute was  written prior to the                                                                    
     licensure   of  professional   counselors  (LPCs)   and                                                                    
     marital  and   family  therapists  (LMFTs),   who  also                                                                    
     provide  these types  of  psychological services.  LPCs                                                                    
     and  LMFTs  constitute  a  large  portion  of  Alaska's                                                                    
     licensed mental health  professional workforce, and are                                                                    
     an even  larger percentage of professionals  working in                                                                    
     state funded community mental health centers.                                                                              
                                                                                                                                
     CS SB 177 (HES) was  composed with the collaboration of                                                                    
     the Alaska  Board of Licensed  Professional Counselors,                                                                    
     the Alaska Psychological  Association, the Alaska Board                                                                    
     of Psychologist and  Psychological Associate Examiners,                                                                    
     the  Alaska  Chapter  of the  National  Association  of                                                                    
     Social Workers, the Alaska Board  of Marital and Family                                                                    
     Therapists,  and  the  Alaska   Board  of  Social  Work                                                                    
     Examiners.                                                                                                                 
                                                                                                                                
     SB  177  updates  these  statutes  to  reflect  current                                                                    
     practice and  training as well as  maintaining a degree                                                                    
     of  protection  to  the public.  The  language  affects                                                                    
     licensed clinical social  workers, licensed marital and                                                                    
     family    therapists,    and   licensed    professional                                                                    
     counselors   and  explicitly   allows  these   licensed                                                                    
     professionals to provide and bill for these services.                                                                      
                                                                                                                                
3:53:26 PM                                                                                                                    
                                                                                                                                
ANNE HENRY, offered to answer questions on SB 177.                                                                              
                                                                                                                                
3:53:44 PM                                                                                                                    
                                                                                                                                
JOHN MILLER, Ph.D., Psychologist;  Member, Board of Psychologists                                                               
and  Psychological  Examiners, stated  support  for  SB 177,  and                                                               
agreed with  Mr. Hooley's testimony.   He said that  the licensed                                                               
mental  health professionals  and groups,  which he  has been  in                                                               
contact with, also support this bill.                                                                                           
                                                                                                                                
The committee took an at-ease from 3:54:12 p.m. to 3:54:44 p.m.                                                                 
                                                                                                                                
3:54:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON  moved to  report CSSB  177(HES), Version                                                               
24-LS0893\G,  out of  committee  with individual  recommendations                                                               
and the  accompanying fiscal  notes.   There being  no objection,                                                               
CSSB 177(HES),  Version G,  was reported  from the  House Health,                                                               
Education and Social Services Standing Committee.                                                                               
                                                                                                                                
The committee took an at-ease from 3:55p.m. to 3:56 p.m.                                                                        
                                                                                                                                
HB 426-MEDICAL ASSISTANCE FOR PERSONS UNDER 21                                                                                
                                                                                                                                
3:56:12 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE  BILL  NO. 426,  "An  Act  relating to  medical  assistance                                                               
eligibility and coverage for persons under 21 years of age."                                                                    
                                                                                                                                
3:56:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON moved  to  adopt CSHB  426, Version  24-                                                               
LS1602\L,  Mischel,  3/24/06, as  the  working  document.   There                                                               
being  no  objection,   CSHB  426,  Version  L   was  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR WILSON                                                                                                                    
                                                                                                                                
3:57:02 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Representative  John  Coghill,  Alaska                                                               
State Legislature, introduced  CSHB 426, Version L,  on behalf of                                                               
Representative   Coghill,  sponsor,   and   explained  that   the                                                               
committee substitute (CS) eliminates  Section 6, which considered                                                               
the father's  income for  Medicaid qualification.   Additionally,                                                               
language was  added to Section 8  in order to clarify  the intent                                                               
of  the  bill  regarding  the  limits  for  applying  to  receive                                                               
Medicaid.  She  went on to compare the amendments  offered on the                                                               
bill  from Representatives  Cissna and  Coghill pointing  out the                                                               
additional language to subparagraph (C) in Version L.1:                                                                         
                                                                                                                                
Amendment  to CSHB426,  Version 24-LS1602\L.1,  Mischel, 4/11/06,                                                               
offered by Representative Cissna, read:                                                                                         
                                                                                                                                
     Page 1, line 4, following "eligibility;":                                                                                
          Insert "relating to home and community-based                                                                        
     services;"                                                                                                               
                                                                                                                                
     Page 7, following line 24:                                                                                                 
          Insert a new bill section to read:                                                                                    
         "* Sec. 8. AS 47.07 is amended by adding a new                                                                     
     section to read:                                                                                                           
          Sec.    47.07.045.   Home    and   community-based                                                                  
     services.  (a) A  person who  is  eligible for  medical                                                                  
     assistance   coverage  may   be  paid   for  home   and                                                                    
     community-based  services under  a  waiver approved  by                                                                    
     the  federal  government  if  the  person  is  approved                                                                    
     initially and at  least once a year  thereafter for the                                                                    
     services  by  the  department based  on  an  assessment                                                                    
     described  in regulation  that  finds  that the  person                                                                    
     meets a  level of  care necessary  for admission  to an                                                                    
     intermediate  care facility  for the  mentally retarded                                                                    
     or to a nursing facility.                                                                                                  
          (b)  The department may not terminate payment for                                                                     
     approved home  and community-based services  unless, at                                                                    
     any time,                                                                                                                  
               (1)   the  recipient of  the services  scores                                                                    
     below  the  eligibility   standard  on  the  assessment                                                                    
     employed under (a) of this section; and                                                                                    
               (2)  the score is  reviewed by an independent                                                                    
     qualified health  care professional who  certifies that                                                                    
     the recipient's condition  has materially improved from                                                                    
     the previous assessment.                                                                                                   
          (c)  In this section,                                                                                                 
               (1)    "independent   qualified  health  care                                                                    
     professional" means a                                                                                                      
               (A)      registered  nurse   licensed   under                                                                    
     AS 08.68  who  is  qualified to  assess  children  with                                                                    
     complex medical conditions,  older Alaskans, and adults                                                                    
     with  physical  disabilities   for  medical  assistance                                                                    
     waivers; and                                                                                                               
               (B)  a  person who is qualified  under 42 CFR                                                                    
     483.430 as  a mental  retardation professional  for the                                                                    
     mental   retardation   and   developmental   disability                                                                    
     waiver;                                                                                                                    
               (2)   "materially  improved"  means that  the                                                                    
     recipient has previously qualified for a waiver for                                                                        
               (A)      children    with   complex   medical                                                                    
     conditions, no longer needs  technical assistance for a                                                                    
     life-threatening  condition,  and  is  expected  to  be                                                                    
     placed in a  skilled nursing facility for  less than 30                                                                    
     days each year;                                                                                                            
               (B)    mental  retardation  or  developmental                                                                    
     disability, no longer needs the  level of care provided                                                                    
     by  an  intermediate  care facility  for  the  mentally                                                                    
     retarded  either because  the qualifying  diagnosis has                                                                    
     changed  or the  recipient is  able to  demonstrate the                                                                    
     ability to function in a  home setting without the need                                                                    
     for waiver services; or                                                                                                    
               (C)   older Alaskans or adults  with physical                                                                    
     disabilities, no longer has  a functional limitation or                                                                    
     cognitive impairment that would  result in the need for                                                                    
     nursing home placement, and is  able to demonstrate the                                                                    
     ability to function in a  home setting without the need                                                                    
     for waiver services."                                                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 8, line 21:                                                                                                           
          Delete "sec. 11"                                                                                                      
          Insert "sec. 12"                                                                                                      
                                                                                                                                
Amendment to CSHB, Version 24-LS1602\I.1, Mischel, 3/16/06, by                                                                  
Representative Coghill, read:                                                                                                   
                                                                                                                                
     Page 1, line 4, following "eligibility;":                                                                                
          Insert "relating to home and community-based                                                                        
     services;"                                                                                                               
                                                                                                                                
     Page 8, following line 12:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "*  Sec. 9.  AS 47.07  is amended  by  adding a  new                                                                
     section to read:                                                                                                           
          Sec.    47.07.045.   Home    and   community-based                                                                  
     services.  (a) A  person who  is  eligible for  medical                                                                  
     assistance   coverage  may   be  paid   for  home   and                                                                    
     community-based  services under  a  waiver approved  by                                                                    
     the  federal  government  if  the  person  is  approved                                                                    
     initially and at  least once a year  thereafter for the                                                                    
     services  by  the  department based  on  an  assessment                                                                    
     described  in regulation  that  finds  that the  person                                                                    
     meets a  level of  care necessary  for admission  to an                                                                    
     intermediate  care facility  for the  mentally retarded                                                                    
     or to a nursing facility.                                                                                                  
          (b)  The department may not terminate payment for                                                                     
     approved home  and community-based services  unless, at                                                                    
     any time,                                                                                                                  
               (1)  the recipient of the services scores                                                                        
     below  the  eligibility   standard  on  the  assessment                                                                    
     employed under (a) of this section; and                                                                                    
               (2)  the score is reviewed by an independent                                                                     
     qualified health  care professional who  certifies that                                                                    
     the recipient's condition  has materially improved from                                                                    
     the previous assessment.                                                                                                   
          (c)  In this section,                                                                                                 
               (1)  "independent qualified health care                                                                          
     professional" means a                                                                                                      
               (A)  registered nurse licensed under                                                                             
     AS 08.68  who  is  qualified to  assess  children  with                                                                    
     complex medical conditions,  older Alaskans, and adults                                                                    
     with  physical  disabilities   for  medical  assistance                                                                    
     waivers; and                                                                                                               
               (B)  a person who is qualified under 42                                                                          
     C.F.R.  483.430 as  a  mental retardation  professional                                                                    
     for   the   mental    retardation   and   developmental                                                                    
     disability waiver;                                                                                                         
               (2)  "materially improved" means that the                                                                        
     recipient has previously qualified for a waiver for                                                                        
               (A)      children    with   complex   medical                                                                    
     conditions, no longer needs  technical assistance for a                                                                    
     life-threatening  condition,  and  is  expected  to  be                                                                    
     placed in a  skilled nursing facility for  less than 30                                                                    
     days each year;                                                                                                            
               (B)  mental retardation or developmental                                                                         
     disability, no longer needs the  level of care provided                                                                    
     by  an  intermediate  care facility  for  the  mentally                                                                    
     retarded  either because  the qualifying  diagnosis has                                                                    
     changed  or the  recipient is  able to  demonstrate the                                                                    
     ability to function in a  home setting without the need                                                                    
     for waiver services; or                                                                                                    
               (C)  older Alaskans or adults with physical                                                                      
     disabilities, no longer has  a functional limitation or                                                                    
     cognitive impairment that would  result in the need for                                                                    
     nursing home placement."                                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 9:                                                                                                            
          Delete "sec. 12"                                                                                                      
          Insert "sec. 13"                                                                                                      
                                                                                                                                
MS. MOSS  stated that within  the last nine months,  clients have                                                               
been removed  from Medicaid waivers  despite the fact  that their                                                               
physical conditions  and needs have  not changed.   She expressed                                                               
appreciation  for the  language which  Representative Cissna  has                                                               
provided in Amendment,  Version L.1, to ensure  against this type                                                               
of action continuing.                                                                                                           
                                                                                                                                
STACIE  KRALY,   Chief  Assistant  Attorney   General,  Statewide                                                               
Section  Supervisor,  Human  Services  Section;  Civil  Division,                                                               
Department of Law (DOL), stated  that Amendment, Version L.1, had                                                               
been reviewed and no substantive issues were found.                                                                             
                                                                                                                                
4:00:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  moved Amendment 1,  labeled 24-LS1602\L.1,                                                               
Mischel, 4/11/06, [text provided previously].                                                                                   
                                                                                                                                
REPRESENTATIVE ANDERSON objected for discussion.                                                                                
                                                                                                                                
MS. KRALY  explained that  the purpose of  this amendment  was to                                                               
address a  litigation issue  which the  Department of  Health and                                                               
Social Services is currently involved with, to wit:                                                                             
                                                                                                                                
     [The issue being] whether or  not [Department of Health                                                                    
     and Social  Services] are required to  demonstrate that                                                                    
     an   individual  has   materially  improved   prior  to                                                                    
     terminating  them from  a waiver  services.   Home  and                                                                    
     community  based  waiver  services are  provided  to  a                                                                    
     number of  individuals in ...  Alaska, and in  order to                                                                    
     qualify for a  waiver [the individual] must  ... have a                                                                    
     qualifying  diagnosis ...  [or]  meet a  level of  care                                                                    
     that would  either be obtained in  an intermediate care                                                                    
     facility  for  the  mentally   retarded  or  a  nursing                                                                    
     facility.   ...  Upon  assessment  and eligibility  [an                                                                    
     individual]  must be  annually re-assessed,  by federal                                                                    
     and state law.   ... Upon re-assessment  there has been                                                                    
     an allegation that [the  department] must show material                                                                    
     improvement.                                                                                                               
                                                                                                                                
MS.  KRALY provided  the  department's position  to  be that  the                                                               
assessment  tool used  by DHSS  quantifies improvement,  however,                                                               
this amendment  would further clarify  the process and  allow for                                                               
an  additional eligibility  review; possibly  bringing resolution                                                               
to the current litigation.                                                                                                      
                                                                                                                                
REPRESENTATIVE ANDERSON offered to remove his objection.                                                                        
                                                                                                                                
REPRESENTATIVE  CISSNA  echoed  Ms. Kraly's  explanation  of  the                                                               
amendment, and added  that the outlook for a  senior is different                                                               
than the expectation held for a  child's future.  She stated that                                                               
the amendment  stipulates appropriate expectations for  a senior;                                                               
that  they may  aspire  to  a situation  of  requiring the  least                                                               
restrictive services.                                                                                                           
                                                                                                                                
4:03:41 PM                                                                                                                    
                                                                                                                                
MS.  KRALY agreed  and pointed  out  that goals  for seniors  and                                                               
adults are also different.   She stated that circumstances could,                                                               
given the fluidity of life, allow  for someone of any age to have                                                               
a waiver terminated.   What needs to be  clearly articulated, she                                                               
opined, is that a waiver is  not necessarily for the rest of your                                                               
life.   She  provided various  reasons why  individuals might  be                                                               
terminated  from a  waiver  program:   a  general improvement  of                                                               
condition;  non-waived  services  are made  available;  or  other                                                               
support  services   are  made  available  which   require  waiver                                                               
termination.    The  annual   re-assessment  for  eligibility  is                                                               
conducted for this non-presumptive reason, she pointed out.                                                                     
                                                                                                                                
CHAIR WILSON agreed  with the need to  continue the re-assessment                                                               
program for continuation of services.                                                                                           
                                                                                                                                
4:06:10 PM                                                                                                                    
                                                                                                                                
MS. MOSS stated:                                                                                                                
                                                                                                                                
     The  term  used  in  this  amendment,  ...  "materially                                                                    
     improved" helps  in that  direction, however,  ... what                                                                    
     we would  like to  see happen  during the  interim, ...                                                                    
     [is legislation]  to bring payment for  services closer                                                                    
     to an acuity based schedule.                                                                                               
                                                                                                                                
REPRESENTATIVE ANDERSON  removed his objection to  the amendment.                                                               
There being no further objection, Amendment 1 was adopted.                                                                      
                                                                                                                                
REPRESENTATIVE  ANDERSON moved  to report  CSHB 426,  Version 24-                                                               
LS1602\L,  Mischel, 3/24/06,  as amended,  out of  committee with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  objected and  asked for clarity  for voting                                                               
purposes.  Upon response he removed his objection.                                                                              
                                                                                                                                
CHAIR WILSON  announced that hearing  no further  objection, CSHB
426(HES)  was reported  out of  the House  Health, Education  and                                                               
Social Services Standing Committee.                                                                                             
                                                                                                                                
The committee took an at-ease from 4:08:28 PM to 4:09:13 PM.                                                                
                                                                                                                                
4:09:13 PM                                                                                                                    
                                                                                                                                
HB 482-SCHOOL:BULLYING/HARASSMENT/INTIMIDATION                                                                                
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE   BILL   NO.  482,   "An   Act   relating  to   harassment,                                                               
intimidation, and bullying in schools."                                                                                         
                                                                                                                                
4:09:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON moved  to  adopt CSHB  482, Version  24-                                                               
LS0053\L,  Luckhaupt, 4/10/06,  as the  working document.   There                                                               
being  no  objection,  CSHB  482,   Version  L,  was  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
4:10:12 PM                                                                                                                    
                                                                                                                                
CRYSTAL NOVOTNEY,  Staff to  Representative Tom  Anderson, Alaska                                                               
State   Legislature,   introduced   HB    482,   on   behalf   of                                                               
Representative  Anderson, prime  sponsor,  paraphrasing from  the                                                               
following written statement [original punctuation provided]:                                                                    
                                                                                                                                
     Clearly, bullying in  our schools is a problem.   It is                                                                    
     an  issue with  lasting effects  resulting in  problems                                                                    
     from  poor  academic  performance  on one  end  of  the                                                                    
     spectrum to  incidents of horrific and  tragic violence                                                                    
     on the other.                                                                                                              
                                                                                                                                
     It has been  suggested that on some  level perhaps some                                                                    
     degree of  bullying is "necessary"  as part  of growing                                                                    
     up and  developing the  coping and  conflict resolution                                                                    
     skills required  for adult life.   However, there  is a                                                                    
     vast   difference    between   "peer    conflict"   and                                                                    
     "bullying".   Granted,  at some  point in  each of  our                                                                    
     lives,  we  may  be  "picked  on"  or  "put  down"  and                                                                    
     experience  periods of  relative  unpopularity.   While                                                                    
     these experiences  are not pleasant, and  may indeed be                                                                    
     valuable in developing  critical life skills, generally                                                                    
     they do not rise to the level of bullying.                                                                                 
                                                                                                                                
     Bullying  is a  consistent  and  systematic process  of                                                                    
     degradation,  humiliation, and  violence.   Bullying is                                                                    
     intended to control  and dominate a person  by fear and                                                                    
     intimidation.    I  believe  people  who  suggest  that                                                                    
     bullying is  a good thing;  have never been  exposed to                                                                    
     it.    Some cite  athletic  coaches  or military  drill                                                                    
     instructors  as  examples  of those  who  use  bullying                                                                    
     effectively.  However  the challenges, difficulties and                                                                    
     motivational  techniques  those positions,  and  others                                                                    
     like them, employ are ultimately  designed to improve a                                                                    
     person, to  encourage a person to  challenge themselves                                                                    
     and  to exceed  their  own expectations.   Coaches  and                                                                    
     drill instructors gain no benefit  in exposing those in                                                                    
     their  charge  to  routine and  systematic  humiliation                                                                    
     with no  other end than  the ultimate destruction  of a                                                                    
     person's self-esteem and self-worth.   To the contrary,                                                                    
     their  sometimes-harsh treatment  is designed  to build                                                                    
     them up.                                                                                                                   
                                                                                                                                
     Furthermore addressing  bullying is as critical  to the                                                                    
     victims  as  to the  bully  themselves.   There  is  no                                                                    
     question the  damage bullying  inflicts on  the victim,                                                                    
     but in  considering this issue,  we often  overlook the                                                                    
     long-term  social damage  to and  from  bullies by,  at                                                                    
     least, tacitly  condoning their behavior.   A number of                                                                    
     studies have shown  that bullies are at  a much greater                                                                    
     risk  of criminal  conduct and  substance  abuse.   One                                                                    
     study shows  that 60% of  males who were  identified as                                                                    
     bullies during  grades six through nine  were convicted                                                                    
     of at least one crime  as an adult and that thirty-five                                                                    
     (35%) to forty  (40%) had three or  more convictions by                                                                    
     the  age of  24.   As policymakers  it is  as much  our                                                                    
     obligation to  protect those victimized by  bullies, as                                                                    
     it is  to correct bullying behavior  that prevents some                                                                    
     of our  young people  from realizing a  successful life                                                                    
     and the behavior that ultimately costs us so much.                                                                         
                                                                                                                                
4:13:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON  suggested that  Ms. Novotney  direct the                                                               
committee through the  [sub]sections of HB 482  and highlight the                                                               
important aspects of each.  Demonstrating, he said:                                                                             
                                                                                                                                
     That first [sub]section [(a)] ...  [says that] a school                                                                    
     district  may  adopt  by   2007  a  policy  prohibiting                                                                    
     harassment, intimidation, and  bullying of any student.                                                                    
     And then  the district shares this  policy with parents                                                                    
     and guardians, students,  volunteers, school employees,                                                                    
     ... basically  saying ...  we have a  policy ....   ...                                                                    
     [subsection] (b)  ... where  [the districts]  adopt the                                                                    
     standard policy for procedures for everyone to follow.                                                                     
                                                                                                                                
                                                                                                                                
REPRESENTATIVE ANDERSON stressed  that these (sub)sections inform                                                               
school districts that they may adopt a policy.                                                                                  
                                                                                                                                
MS.  NOVOTNEY explained  that  (sub)section  (c) establishes  the                                                               
deadline of  January 1,  2007, when  the Department  of Education                                                               
(DOE),  and other  interested or  related community  parties, may                                                               
provide a school with a  model policy particular to the interests                                                               
of the district.                                                                                                                
                                                                                                                                
REPRESENTATIVE GATTO  noted the change  in this section  from the                                                               
original language.                                                                                                              
                                                                                                                                
MS. NOVOTNEY pointed out that Version  I used the word "shall" in                                                               
(sub)section  (c), but  that  word and  other  language has  been                                                               
changed in Version L.                                                                                                           
                                                                                                                                
4:16:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON   asked  for   an  explanation   of  the                                                               
rationale behind  establishing the 2007-2008 scholastic  year for                                                               
school districts to initiate reporting to DOE.                                                                                  
                                                                                                                                
MS. NOVOTNEY explained that by  setting the date forward it would                                                               
provide  time  for  the  school  districts  to  amalgamate  their                                                               
efforts  in  creating  and implementing  policy  and  procedures.                                                               
Further,  the  November  30,  2007, date  for  the  districts  to                                                               
provide data to  DOE allows time for the department  to compile a                                                               
report for the legislature in January, 2008.                                                                                    
                                                                                                                                
4:17:59 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  noted that  information  in  the committee  packet                                                               
indicates that  school districts have  already taken up  the task                                                               
of dealing with harassment, intimidation, or bullying.                                                                          
                                                                                                                                
MS.  NOVOTNEY responded  that 21  states  have existing  bullying                                                               
statutes  and   another  24  states  are   currently  introducing                                                               
legislation.    She  explained that  this  bill  revises  current                                                               
Alaska statute (Article 4] Section 14.33.110.                                                                                   
                                                                                                                                
CHAIR  WILSON inquired  whether the  intent  of this  bill is  to                                                               
establish   statute  for   what   the   districts  have   already                                                               
implemented.                                                                                                                    
                                                                                                                                
MS. NOVOTNEY clarified that the  cited statute, entitled "Purpose                                                               
of  school disciplinary,  and safety  program," does  not mention                                                               
aspects of harassment, intimidation,  or bullying.  She explained                                                               
that HB 482 directs school  districts to take measures focused on                                                               
these  issues,  pertinent  to  their  locales.    To  assist  the                                                               
districts, she said, the bill  provides for model information and                                                               
training option resources.                                                                                                      
                                                                                                                                
4:20:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON asked how  many school districts exist in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MS.  NOVOTNEY  responded,  "Fifty-four; fifty  three,  or  fifty-                                                               
four."                                                                                                                          
                                                                                                                                
REPRESENTATIVE ANDERSON said:                                                                                                   
                                                                                                                                
     Keep in  mind I  didn't create this.   ...  an attorney                                                                    
     from Anchorage  [called] and  said, "I've  litigated so                                                                    
     much  of  this that  I  think  you  need to  codify  in                                                                    
     statute  a parameter  upon which  school districts  may                                                                    
     utilize your  verbiage in  adopting their  own policies                                                                    
     and  procedures."   ... Is  it true  that every  school                                                                    
     district   doesn't  have   a  comprehensive,   detailed                                                                    
     bullying policy, hence the bill.                                                                                           
                                                                                                                                
MS.  NOVOTNEY confirmed,  stating  that  approximately 13  school                                                               
districts   have  adopted   specific   harassment  and   bullying                                                               
policies.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  ANDERSON forewarned  that  some school  districts                                                               
may  oppose this  bill  by protesting  that  action around  these                                                               
issues can  and will  be dealt  with appropriately  under current                                                               
law.   However, he  opined that the  legislative is  obligated to                                                               
provide specific  direction and  statutory language  to eliminate                                                               
harassment,  intimidation,  and  bullying.   He  illustrated  his                                                               
point, citing  the mandatory Native  studies issue as  a parallel                                                               
situation   which   required   statute  to   assure   educational                                                               
compliance.                                                                                                                     
                                                                                                                                
4:22:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA observed that  the most damaging harassment                                                               
would be of  a sexual orientation, and asked  whether that aspect                                                               
is covered in the CS.                                                                                                           
                                                                                                                                
MS.  NOVOTNEY   confirmed  that   sexual  harassment   is  herein                                                               
addressed.                                                                                                                      
                                                                                                                                
REPRESENTATIVE CISSNA asked permission to  have her aide speak on                                                               
the sexual  harassment issue,  from her  experience as  a retired                                                               
school counselor.                                                                                                               
                                                                                                                                
4:24:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER inquired why  the "shall" was rewritten as                                                               
"may" in the CS.                                                                                                                
                                                                                                                                
MS. NOVOTNEY stated that this  language was altered in a previous                                                               
committee for legal reasons.                                                                                                    
                                                                                                                                
CHAIR  WILSON interjected  that  the term  "shall" would  require                                                               
that the bill be attached with a fiscal note.                                                                                   
                                                                                                                                
REPRESENTATIVE ANDERSON offered his  understanding that a lawsuit                                                               
could be brought  if there is not  a formal policy in  place.  He                                                               
also opined  that "shall"  provides a  flexibility to  the school                                                               
districts, which  will be  important when  the bill  comes before                                                               
the House.                                                                                                                      
                                                                                                                                
4:25:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  stated   that   "shall"  enforces   the                                                               
intention  of the  bill, whereas  "may" does  not.   Without this                                                               
language she asked,  "Why bother with the bill,  they already can                                                               
do it?"                                                                                                                         
                                                                                                                                
4:26:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO recalled  from previous  committee work  on                                                               
this  bill, that  "shall" was  not,  nor is  it now,  terminology                                                               
which he  is able  to support.   He related  details of  a recent                                                               
successful   lawsuit,  lodged   against   the  Anchorage   School                                                               
District, which was based on a  student's off campus actions.  He                                                               
opined  that this  lawsuit came  about  because there  was not  a                                                               
comprehensive policy in place.   Echoing Representative Gardner's                                                               
concern,  he stated,  "This  bill  has no  value."   Further,  he                                                               
inquired, "What  do we gain here,  ... by saying ...  let's allow                                                               
them to do something they're allowed to do."                                                                                    
                                                                                                                                
CHAIR WILSON opened public testimony.                                                                                           
                                                                                                                                
4:29:23 PM                                                                                                                    
                                                                                                                                
KATIE SINGLETON, Bye-Bye Bullies, stated  support for HB 482, and                                                               
paraphrased  from the  following statement  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     There are a few reasons  I think this bill is important                                                                    
     and should be passed.                                                                                                      
                                                                                                                                
     1st  -  Bullying is  bad  for  everyone involved.  Many                                                                    
     bullies become  convicted criminals as  adults. Victims                                                                    
     drop  out of  school  or become  rageful against  other                                                                    
     students.                                                                                                                  
     Even  By-standers are  negatively affected  - they  can                                                                    
     become apathetic toward the violence.                                                                                      
                                                                                                                                
     There are experts  all over N. America  and Europe that                                                                    
     have proven  that children who  are taught how  to deal                                                                    
     with bullying  can change  the culture  of a  school so                                                                    
     that  bullying and  harassment are  not tolerated.  And                                                                    
     also  these skills  taught to  children  in school  can                                                                    
     serve  them well  as  adults. We  all  knew bullies  as                                                                    
     children, and we probably all  know bullies now. It can                                                                    
     be life changing for a  young person to have the skills                                                                    
     to deal with bullies.                                                                                                      
                                                                                                                                
     Another  good  reason  for  this  legislation  is  that                                                                    
     schools should  be held responsible  for the  safety of                                                                    
     their   students.  Most   schools  have   anti-bullying                                                                    
     policies. A  lot of these  can be useless at  best, but                                                                    
     can even be harmful if  victims are punished under zero                                                                    
     tolerance  policies. Victims  of bullying  can turn  on                                                                    
     their school  - using  vandalism and lethal  violence -                                                                    
     like that at  Columbine and even in Bethel  a few years                                                                    
     ago.  Research based  anti-bullying programs,  not just                                                                    
     vague policies  are needed to actually  reduce bullying                                                                    
     in a school.                                                                                                               
                                                                                                                                
     I  don't necessarily  believe our  schools  need to  be                                                                    
     legislated at every  turn - but we  know that research-                                                                    
     based   anti-bullying   programs  can   reduce   school                                                                    
     violence and  dropout rates  - this  can save  money in                                                                    
     the  long  run.  It  can   create  a  culture  that  is                                                                    
     intolerant  of bullying  in  all  of Alaska's  schools.                                                                  
     Teachers can teach. Students can  learn. Money won't be                                                                    
     wasted   on   lawsuits,   vandalism,   discipline   and                                                                    
     enforcement of bad policy.                                                                                                 
                                                                                                                                
     Students,  Teachers,  Parents  & Schools  will  benefit                                                                    
     from this legislation."                                                                                                    
                                                                                                                                
4:31:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  referred to Ms. Singleton's  mention of the                                                               
Bethel and Columbine murders and  asked how an anti-bullying bill                                                               
could have prevented these incidents.                                                                                           
                                                                                                                                
MS. SINGLETON  pointed out  that the  perpetrators at  Bethel and                                                               
Columbine were  victims of  bullying.  She  opined that  if these                                                               
rage  filled students  had received  appropriate  support or  had                                                               
learned other ways to vent their  anger the outcome may have been                                                               
very  different, and  she  related her  own  experience of  being                                                               
bullied as a child.                                                                                                             
                                                                                                                                
4:33:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  asked for substantiation of  her statement:                                                               
"We know that we can reduce violence in the long run."                                                                          
                                                                                                                                
MS.  SINGLETON   responded  that  the  research   based  programs                                                               
currently in use  have statistically shown a  reduced violence in                                                               
schools.   She named two  programs that are  currently instituted                                                               
in schools, as proven models.                                                                                                   
                                                                                                                                
4:34:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER stated  and moved Amendment 1,  to read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 3, line 14,                                                                                                           
          Following "creed,"                                                                                                  
          Insert "sexual orientation,"                                                                                      
                                                                                                                                
4:36:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON  objected  to   the  amendment  for  the                                                               
purpose of discussion.                                                                                                          
                                                                                                                                
4:37:02 PM                                                                                                                    
                                                                                                                                
CINDY  FOLSOM,  Staff  to Representative  Sharon  Cissna,  Alaska                                                               
State Legislature,  Retired School  Counselor, stated  support of                                                               
HB 482, Amendment 1, and said  that in her seventeen year career,                                                               
she experienced an  80-90 percent rate of  bullying complaints to                                                               
have  sexual connotations.   This  is an  important aspect  to be                                                               
considered, she  said.  Responding  to a question,  she explained                                                               
that  casual  comments  may   strike  students  very  differently                                                               
depending on the individual's  situation, cautioning how harmless                                                               
a negative remark may seem on the surface.                                                                                      
                                                                                                                                
4:38:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  provided his observation of  the casual use                                                               
of negative terminology  by today's teenagers.   He asked whether                                                               
a teenager's casual comments should be taken literally.                                                                         
                                                                                                                                
CHAIR WILSON recalling  her experience as a  school nurse, stated                                                               
that on some level comments may need to be taken seriously.                                                                     
                                                                                                                                
REPRESENTATIVE GARDNER  echoed that  for some students  a comment                                                               
may  be meaningless  and  taken  casually in  the  manner it  was                                                               
intended.      However,  for   a   student   who  is   struggling                                                               
emotionally/socially,  the  same  comment  could  have  a  harsh,                                                               
deleterious effect.   She pointed  out that a  challenged student                                                               
who  does   not  have  adequate  coping   abilities  may  respond                                                               
negatively to  stereotypical terminology  when it does  not apply                                                               
directly to them but possibly to a family member.                                                                               
                                                                                                                                
REPRESENTATIVE ANDERSON  removed his objection to  the amendment.                                                               
Further, he pointed out that  the bill language provides latitude                                                               
for school  administrators to report aggressive  comments or acts                                                               
of disparagement, in a discretionary manner.                                                                                    
                                                                                                                                
4:41:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GATTO  inquired   whether   the  80-90   percent                                                               
estimate,  provided  by  Ms.  Folsom,  represented  substantiated                                                               
harassment incidents  or if  it also  included reports  of casual                                                               
comments.                                                                                                                       
                                                                                                                                
4:41:40 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON stated:                                                                                                            
                                                                                                                                
     I believe that ... administrators  ... are not going to                                                                    
     zero in on  ... flippant words. ... They  will ... zero                                                                    
     in   ...  when   things  ...   [need]  attention   ....                                                                    
     Administrators  in  schools ...  have  a  good idea  of                                                                    
     what's real and what's not.                                                                                                
                                                                                                                                
4:42:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO suggested  that  if the  numbers quoted  by                                                               
Ms. Folsom are  credible then a horrendous  situation must exist.                                                               
He questioned  the validity  of the numbers,  and he  opined that                                                               
this  bill  could  not  possibly   address  a  situation  of  the                                                               
magnitude implied.                                                                                                              
                                                                                                                                
REPRESENTATIVE  ANDERSON  offered  that  Ms.  Folsom's  testimony                                                               
indicated that 80-90 percent of  harassment claims were egregious                                                               
enough for  students to seek  counseling.  Additionally,  he said                                                               
that this bill has merit to continue deliberation.                                                                              
                                                                                                                                
4:43:08 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  announced  that   hearing  no  further  objection,                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
4:43:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER stated  and moved Amendment 2,  to read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 6,                                                                                                            
          Delete "may"                                                                                                        
          Insert "shall"                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER stated:                                                                                                  
                                                                                                                                
     I  do understand  the concern  about liability  issues,                                                                    
     nevertheless, without  "shall" there is not  much point                                                                    
     in  this ...  bill.   If  we  believe school  districts                                                                    
     should have an anti bullying  policy then let's work on                                                                    
     this bill and pass it out.                                                                                                 
                                                                                                                                
REPRESENTATIVE  ANDERSON   stated  and  moved  Amendment   1,  to                                                               
Amendment 2, to read as follows:                                                                                                
                                                                                                                                
     Page 2, line 5,                                                                                                            
          Delete "may"                                                                                                        
          Insert "shall"                                                                                                    
                                                                                                                                
Hearing no objection Amendment 1, to Amendment 2, was adopted.                                                                  
                                                                                                                                
REPRESENTATIVE  GATTO objected  to Amendment  2, and  pointed out                                                               
that  this amendment  would require  the bill  to have  a finance                                                               
referral, thus sending the bill to another committee.                                                                           
                                                                                                                                
CHAIR WILSON  confirmed that  the bill would  be reported  to the                                                               
finance committee.                                                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON pointed  out  that with  the deadline  for                                                               
hearing  bills in  the House  approaching,  adopting Amendment  2                                                               
would essentially be "killing the  bill," and he stated objection                                                               
to the amendment.                                                                                                               
                                                                                                                                
REPRESENTATIVE GATTO  pointed out  that by removing  Amendment 2,                                                               
the amendment to the amendment would also be removed.                                                                           
                                                                                                                                
REPRESENTATIVE GARDNER  asked for  further affirmation  that this                                                               
bill would not  be able to pass  the House this year  if a fiscal                                                               
note were attached.                                                                                                             
                                                                                                                                
REPRESENTATIVE GARDNER withdrew Amendment 2.                                                                                    
                                                                                                                                
4:46:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON asked MS. Novotney  how the bill could be                                                               
altered to avoid a fiscal note attachment.                                                                                      
                                                                                                                                
MS. NOVOTNEY  pointed out that  striking page 2,  subsection (c),                                                               
would  eliminate   that  concern.    Further,   she  stated  that                                                               
maintaining the page  2, line 5, "may" would also  avoid a fiscal                                                               
note.                                                                                                                           
                                                                                                                                
4:48:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER stated:                                                                                                  
                                                                                                                                
     Understanding that each school district shall adopt a                                                                    
        policy, but not requiring the department ..., to                                                                        
     provide a model policy, allows an amendment ...                                                                            
                                                                                                                                
CHAIR WILSON offered that the  School Board Association (SBA) has                                                               
several model policies that are available to schools.                                                                           
                                                                                                                                
4:48:33 PM                                                                                                                    
                                                                                                                                
MS.  NOVOTNEY  reported that  the  Fairbanks  North Star  Borough                                                               
School   District  is   implementing  the   Safe  Schools/Healthy                                                               
Students initiative.                                                                                                            
                                                                                                                                
REPRESENTATIVE GARDNER stated  and moved Amendment 3,  to read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 6,                                                                                                            
          Delete "may"                                                                                                        
          Insert "shall"                                                                                                    
                                                                                                                                
There being no objection, Amendment 3 was adopted.                                                                              
                                                                                                                                
4:49:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed the  sponsor's attention  to page                                                               
2,  line 11,  and read  the sentence  beginning: "The  department                                                               
shall post ...."   He asked whether that language  would invoke a                                                               
fiscal note.                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON recommended that  the sentence be struck.                                                               
Responding  to a  question,  he clarified  that  an amendment  to                                                               
strike  the  language [page  2,  lines  11-13] through  the  word                                                               
"provide"  would be  acceptable  and would  not  invoke a  fiscal                                                               
note.                                                                                                                           
                                                                                                                                
4:51:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  stated and moved  Amendment 4, to  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 2,                                                                                                                    
     Line 11,                                                                                                                   
          Delete "also post"                                                                                                  
     Line 12,                                                                                                                   
          Delete "a brief summary of the policies,                                                                            
     programs, partnership, vendors, and instructional and"                                                                   
     Line 13,                                                                                                                   
           Delete "training materials for each school                                                                         
     district and"                                                                                                            
                                                                                                                                
There being no objection, Amendment 4 was adopted.                                                                              
                                                                                                                                
4:52:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON moved  to report  CSHB 482,  Version 24-                                                               
LS0053\L, Luckhaupt,  4/10/06, as amended, out  of committee with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
4:52:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON objected, and  pointed out that the Council                                                               
on Domestic Violence  & Sexual Assault should be  involved in the                                                               
development of  this bill.   He reminded  the committee  that the                                                               
Council's purview is  to coordinate and to develop  programs.  He                                                               
opined that this aspect will  be brought forward in the judiciary                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE SEATON removed his objection.                                                                                    
                                                                                                                                
4:53:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  objected, and  opined  that  this type  of                                                               
legislation  continues to  remove  responsibility for  children's                                                               
behavior from  parents and places  more responsibility  on school                                                               
officials.    He pointed  out  that  although many  schools  have                                                               
already  adopted  a  policy  to  address  this  issue,  the  bill                                                               
mandates  that  every  school  must   implement  a  policy.    He                                                               
reiterated  that this  bill provides  fodder  for attorneys,  and                                                               
further expounded his original reservations.                                                                                    
                                                                                                                                
4:54:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER stated  an understanding of Representative                                                               
Gatto's  concerns,  but  stated,   "This  bill  isn't  about  the                                                               
bullies, it's about the victims, and  that is where we all have a                                                               
responsibility."                                                                                                                
                                                                                                                                
4:54:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO withdrew his objection.                                                                                    
                                                                                                                                
4:55:17 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON announced  that there  being no  further objection,                                                               
CSHB 482(HES)  was reported  out of  the House  Health, Education                                                               
and Social Services Standing Committee.                                                                                         
                                                                                                                                
4:55:44 PM                                                                                                                    
                                                                                                                                
HB 467-ADMINISTRATION OF MEDICATION BY A NURSE                                                                                
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
further  committee  attention to  HOUSE  BILL  NO. 467,  "An  Act                                                               
relating  to  the  administration   of  prescribed  remedies  and                                                               
dietary supplements  by a nurse."   [Before the committee  was HB
467, Version 24-LS1265\G.]                                                                                                      
                                                                                                                                
[Treated  as  adopted and  before  the  committee was  CSHB  467,                                                               
Version 24-LS1265\F, Mischel, 4/7/06.]                                                                                          
                                                                                                                                
4:56:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MICHAEL "MIKE"  KELLY, Alaska  State Legislature,                                                               
testified as sponsor of HB 467,  and stated that support for this                                                               
bill  has been  provided  from doctors,  nurses, assisted  living                                                               
facility administrators,  and Pioneers' home administrators.   He                                                               
opined that  there is general  consensus for the need  to provide                                                               
this service  to facility  residents.   He reiterated  the intent                                                               
for safeguards provided  in the bill, and  reminded the committee                                                               
that  other  states have  adopted  similar  statute, thus  models                                                               
exist which the Board of Nursing  may choose to implement.  Given                                                               
the examples  of professional support  and the  patients awaiting                                                               
assistance, he urged the passage of the bill.                                                                                   
                                                                                                                                
4:59:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON inquired  whether the  language change  in                                                               
Version  F creates  a  mandate that  nurses  "shall", versus  the                                                               
permissive language of Version G which read "may".                                                                              
                                                                                                                                
CHAIR WILSON  pointed out that the  page 1, line 6,  "shall" is a                                                               
direction to the board regarding the establishment of standards.                                                                
                                                                                                                                
REPRESENTATIVE  SEATON clarified  that the  board would  have the                                                               
latitude to adopt appropriately permissive language.                                                                            
                                                                                                                                
REPRESENTATIVE  ANDERSON offered  to make  a motion  to move  the                                                               
bill.                                                                                                                           
                                                                                                                                
5:01:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO recalled  that  a previous  version of  the                                                               
bill,  provided  language  which   allowed  a  nurse  to  decline                                                               
administration of a substance.                                                                                                  
                                                                                                                                
REPRESENTATIVE KELLY  clarified that  Version F maintains  that a                                                               
nurse  is allowed  to decline  to administer  a substance.   This                                                               
legislation authorizes but  does not order a  nurse to administer                                                               
substances, therefore,  the nurse  will still  be protected.   He                                                               
reminded  the  committee  that   the  bill  addresses  prescribed                                                               
substances only.                                                                                                                
                                                                                                                                
5:02:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  stated his understanding  that prescription                                                               
medicine is  regulated by  accurate dosage,  but over-the-counter                                                               
remedies are  unregulated and  the dose may  vary.   He indicated                                                               
concern for  a nurse  administering non-USP  certified substances                                                               
when   the  nurse   is  held   liable   [the  substances   he/she                                                               
administers].  While this legislation  doesn't require a nurse to                                                               
administer supplements,  he inquired  whether there  was language                                                               
in Version F to allow a  nurse to "opt out" of administering non-                                                               
prescriptive substances.                                                                                                        
                                                                                                                                
REPRESENTATIVE  KELLY pointed  out  that Version  G included  the                                                               
following  language:    "A  registered  nurse  may  administer  a                                                             
prescribed remedy."   Responding  to a  question, he  opined that                                                               
the term "may" implies that the  nurse can refuse to administer a                                                               
prescribed remedy.                                                                                                              
                                                                                                                                
5:05:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLY  explained that  the current CS  [Version F]                                                               
goes further than the previous  version, by authorizing the Board                                                               
of    Nursing   to    establish    appropriate   standards    for                                                               
administration.  Further, he said  if those standards follow what                                                               
has  occurred  in   other  states,  there  will  be   a  list  of                                                               
requirements  that must  occur.   Those requirements  include the                                                               
following:   the facility  desires to  establish a  procedure for                                                               
administration  of   supplements;  a  physician   prescribes  and                                                               
specifies a dosage  for a supplement; control  procedures for the                                                               
dating,  lot  identification,  and  sealing  of  supplements  are                                                               
implemented;   and  the   patient  or   representative  signs   a                                                               
request/release form to authorize  the administration.  Version F                                                               
stipulates  that  the  Board  of   Nursing  will  establish  such                                                               
procedures and provides a nurse  the authority for administration                                                               
[of prescribed remedies and dietary supplements].                                                                               
                                                                                                                                
5:07:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON stated:                                                                                                   
                                                                                                                                
     I'm concerned ... about the  same point. ... If I could                                                                    
     ask [Madam Chair] as a  nurse. ... The Board of Nursing                                                                    
     shall  establish  these  standards.   That  means  it's                                                                    
     going to  bring [administration of  supplements] within                                                                    
     the scope of practice for a  nurse.  If it's within the                                                                    
     scope  of   practice  for  a   nurse,  and   there's  a                                                                    
     prescription, does  the nurse  have the ability  to say                                                                    
     she doesn't want to administer [the substance] ....                                                                        
                                                                                                                                
CHAIR WILSON replied, "Always."                                                                                                 
                                                                                                                                
5:08:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO asked whether  the sponsor would approve the                                                               
addition of  the following  language:   "Nothing in  this statute                                                               
shall require a nurse to administer nonprescription medication."                                                                
                                                                                                                                
CHAIR WILSON  said that the  proposed legislation  specifies that                                                               
the substance to be administered must be prescribed.                                                                            
                                                                                                                                
5:08:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLY  interjected  that the  substance  must  be                                                               
prescribed  and   the  board  imposed   requirements  met.     He                                                               
highlighted that  several barriers  of scrutiny will  be required                                                               
before a substance may be  administered, and pointed out that the                                                               
nurse is provided the right to refuse to participate.                                                                           
                                                                                                                                
5:09:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO related  his  understanding  that the  term                                                               
"prescription"  is   defined  as  something  a   pharmacist  must                                                               
distribute.  However, a physician  can prescribe Vitamin A, which                                                               
he  characterized as  different  than a  prescription with  clear                                                               
dosage specifications.                                                                                                          
                                                                                                                                
CHAIR WILSON pointed out that on  page 1, line 5, the legislation                                                               
refers  to "Administration  of  prescribed  remedies and  dietary                                                             
supplements", and reiterated that it  won't even be considered if                                                             
it  isn't  prescribed.   She  then  drew  Representative  Gatto's                                                               
attention  to  page  2,  lines   2-4,  which  define  "prescribed                                                               
remedy".                                                                                                                        
                                                                                                                                
5:10:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  opined   that  Representative   Gatto's                                                               
concern is  at the heart of  the concern of the  Board of Nursing                                                               
in that  the legislation addresses remedies  and supplements that                                                               
have no established safeguards since  they aren't approved by the                                                               
Federal Drug Administration (FDA).                                                                                              
                                                                                                                                
CHAIR WILSON said the aforementioned  is why the Board of Nursing                                                               
is  going to  review it  and grapple  with this  issue after  the                                                               
legislation passes.                                                                                                             
                                                                                                                                
5:11:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER said  she  didn't understand  that to  be                                                               
what the  legislation is doing.   She  asked if Chair  Wilson was                                                               
saying  the Board  of Nursing  will review  each [substance]  and                                                               
approve and disapprove  [substances].  She further  asked if that                                                               
is the sponsor's intent.                                                                                                        
                                                                                                                                
5:11:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLY said that the  Board of Nursing will need to                                                               
exercise   its   judgment    in   screening   these   substances.                                                               
Furthermore, the legislation has so  many steps that it creates a                                                               
safer environment, he opined.                                                                                                   
                                                                                                                                
5:12:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER commented  that the  intent makes  sense.                                                               
However, she related her understanding  that the Board of Nursing                                                               
has  already exercised  its judgment  and has  drawn the  line at                                                               
FDA-approved  [substances] because  those have  been tested  with                                                               
regard to  dosage, quantity,  and purity of  the substance.   The                                                               
aforementioned  testing   has  not  occurred  or   has  not  been                                                               
independently verified by an external  body with these substances                                                               
that aren't FDA-approved.                                                                                                       
                                                                                                                                
REPRESENTATIVE KELLY  said that's  the case  now.   However, many                                                               
believe that  is too  restrictive.   Therefore, [Version  F] asks                                                               
the  Board   of  Nursing,  with  its   professional  ability,  to                                                               
establish standards  to permit these substances  [not approved by                                                               
the FDA] to be administered.                                                                                                    
                                                                                                                                
5:14:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  opined   that  Representative  Gardener's                                                               
concern is satisfied  because the Board of Nursing  will make the                                                               
decisions  for what  and how  standards  are upheld,  as well  as                                                               
establish standards  for supplement  authorization and  the scope                                                               
of service.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ANDERSON moved  to report  CSHB 467,  Version 24-                                                               
LS1265\F,  Mischel  4/7/06,  out  of  committee  with  individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
An objection was stated.                                                                                                        
                                                                                                                                
A roll  call vote was  taken.  Representatives  Seaton, Anderson,                                                               
Cissna,  and  Wilson voted  in  favor  of  CSHB 467,  Version  F.                                                               
Representatives Gatto  and Gardner voted against  it.  Therefore,                                                               
CSHB 467(HES)  was reported  out of  the House  Health, Education                                                               
and Social Services Standing Committee by a vote of 4-2.                                                                        
                                                                                                                                
5:16:06 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Health, Education and Social  Services Standing Committee meeting                                                               
was adjourned at 5:16 p.m.                                                                                                      
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