04/18/2007 02:00 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES

        SB   8-MENTAL HEALTH PATIENT RIGHTS:STAFF GENDER                                                                    
                                                                                                                                
2:32:56 PM                                                                                                                    
CHAIR BETTY DAVIS announced SB 8 to be up for consideration.                                                                    
                                                                                                                                
TOM OBERMEYER,  aide to Chair  Davis, sponsor of SB  8, explained                                                               
that  the bill  will  give mental  health  hospital patients  the                                                               
right  to  request  a  nurse  of a  specific  gender.  Many  such                                                               
patients   have  had   traumatic   experiences   that  would   be                                                               
exacerbated by treatment  by a nurse of a  specific gender. While                                                               
the  bill  recognizes  that such  requests  can  not  necessarily                                                               
always be  fulfilled, the  request will go  in a  patient's file;                                                               
this will prevent the information  from being ignored or lost and                                                               
will provide a record in case of resulting trauma.                                                                              
                                                                                                                                
He added  that there  is a  basic right of  privacy cited  in the                                                               
Alaska constitution,  and the  bill is in  line with  this right.                                                               
There is no fiscal ramification to the bill.                                                                                    
                                                                                                                                
2:36:59 PM                                                                                                                    
                                                                                                                                
SENATOR  COWDERY asked  for detail  on the  current practices  in                                                               
such facilities.                                                                                                                
                                                                                                                                
MR.  OBERMEYER replied  that the  main issue  of the  bill is  to                                                               
attempt  to have  staff of  both  genders available  in case  the                                                               
patient has been  victimized by a person of a  certain gender and                                                               
does not wish to be treated  by someone of that gender. Currently                                                               
such  requests are  sometimes ignored;  the bill  provides for  a                                                               
record of  the patient's request,  so if trauma is  determined to                                                               
have happened later, the matter can be fully investigated.                                                                      
                                                                                                                                
2:39:34 PM                                                                                                                    
                                                                                                                                
SENATOR  COWDERY  remarked  that  the  fiscal  note  impacts  the                                                               
Department of  Corrections, and  asked if  the bill  would affect                                                               
any other departments.                                                                                                          
                                                                                                                                
MR. OBERMEYER  replied that all  fiscal notes are zero,  and said                                                               
that the bill would be easily implemented with temporary staff.                                                                 
                                                                                                                                
CHAIR DAVIS said  that some health institutions  use staff across                                                               
different units,  and that could serve  as an example for  how to                                                               
implement this bill.                                                                                                            
                                                                                                                                
2:41:45 PM                                                                                                                    
                                                                                                                                
FAITH MEYERS,  representing herself,  said that she  supports the                                                               
bill and  has had experience as  a patient in mental  health care                                                               
facilities.  Unnecessary  trauma  is  a reality  in  health  care                                                               
facilities,  and   gender  choice  needs  to   be  provided.  The                                                               
percentage  of  women in  psychiatric  facilities  with a  sexual                                                               
abuse  past is  very  high; people  can  feel re-victimized  when                                                               
treated intimately by a person  of a certain gender. Change needs                                                               
to  be made  in state  statutes. She  then cited  several letters                                                               
from  people   and  institutions  supporting  gender   choice  in                                                               
intimate psychiatric care.                                                                                                      
                                                                                                                                
2:46:38 PM                                                                                                                    
                                                                                                                                
DORRANCE  COLLINS, representing  himself, said  that he  supports                                                               
the bill;  not giving a  gender choice in psychiatric  care staff                                                               
can be  traumatizing to  the patient.  Many other  states require                                                               
such  a  choice  in  their hospitals  and  psychiatric  treatment                                                               
facilities.  He  cited a  recent  court  decision that  concerned                                                               
patient  abuse,  and  said  that  gender choice  is  a  right  of                                                               
patients.  Many  psychiatric  patients   have  been  sexually  or                                                               
physically  abused, and  being denied  gender choice  in intimate                                                               
care staff creates trauma all  over again. No loopholes should be                                                               
added to the bill.                                                                                                              
                                                                                                                                
2:49:42 PM                                                                                                                    
                                                                                                                                
CHAIR DAVIS  remarked that a  representative from  legal services                                                               
was available for questions on the bill.                                                                                        
                                                                                                                                
HOLLY JOHANKNECHT, staff attorney  with the Disability Law Center                                                               
of  Alaska,  said that  the  Alaska  constitution recognizes  the                                                               
rights  of  mental health  patients  and  the bill  would  codify                                                               
existing  rights;  other  states  have  similar  legislation  for                                                               
protecting  patient   rights.  A  large  number   of  psychiatric                                                               
patients have  a history  of physical or  sexual abuse,  and they                                                               
need  to be  offered  a choice  of nurse  gender  to prevent  re-                                                               
traumatization. The  rights offered by  SB 8 are  already offered                                                               
to prisoners.                                                                                                                   
                                                                                                                                
2:52:50 PM                                                                                                                    
                                                                                                                                
ANGELA  SOLERNO,  advocacy  coordinator  for  the  Alaska  Mental                                                               
Health Board, said  that there was a letter from  the board chair                                                               
before  the  committee  and  that   she  agreed  with  the  prior                                                               
testimony;  the bill  will afford  a psychiatric  patient respect                                                               
and dignity  at a time  of stress  and change. It's  a reasonable                                                               
expectation for  a hospital and  allows for the  impossibility of                                                               
fulfilling the request.                                                                                                         
                                                                                                                                
CHAIR DAVIS thanked the presenters  and said that no action could                                                               
be  taken on  the bill  at that  time because  of the  lack of  a                                                               
quorum; the bill would be scheduled for another hearing shortly.                                                                
There being no further business to come before the committee,                                                                   
she adjourned the meeting at 2:55:52 PM.