Legislature(2005 - 2006)BUTROVICH 205
04/22/2006 09:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB313 | |
| SB48 | |
| HB446 | |
| SB316 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 316 | TELECONFERENCED | |
| += | SB 313 | TELECONFERENCED | |
| += | SB 48 | TELECONFERENCED | |
| += | HB 446 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 48-PSYCH. EVALUATION/TREATMENT FOR STUDENTS
10:12:15 AM
CHAIR RALPH SEEKINS announced SB 48 to be up for consideration.
SENATOR BETTYE DAVIS introduced the bill. She said there are
many other states that have passed similar legislation.
RICHARD BENAVIDES, Staff to Senator Davis, explained that the
bill basically states that a public school may not deny any
student access to programs or services because the parents
refuse to place the student on psychotropic medications, get a
psychiatric evaluation or seek treatment for the child. It also
spells out what communications are allowed, who can do
evaluations and the protections a parent or guardian has against
being reported to the Office of Children's Services (OCS).
The sponsor recognizes that psychotropic drugs are sometimes
used to address mental health problems. The U.S. Department of
Education has clearly informed educators that medical
professionals, not education professionals, are responsible for
prescribing medication.
A 2004 reauthorization of the Individuals with Disabilities in
Education Act (IDEA) requires that each state prohibit any
school district personnel from requiring a child to obtain a
prescription for psychotropic drugs as a condition of attending
school. This does not prevent teachers from sharing classroom-
based observations with parents or guardians. Essentially, any
medical decision to address a student's need is a matter between
the student, the parent and a competent healthcare professional
chosen by the parent.
Nothing in the bill prevents school personnel from using any
other means of dealing with behavioral problems. The bill
targets teachers who attempt to prevent children from attending
school.
10:17:26 AM
CHAIR SEEKINS called for public testimony.
STUART THOMPSON, Wasilla, testified in support of SB 48. School
administrator training is not designed to make educators
competent to practice any type of medicine, he stated.
Advertisements by pharmaceutical companies attempt to convince
the mainstream that children with excess energy suffer from
chemical imbalances, which their drugs would cure. Years of
using legal drugs begets years of using illegal drugs, he
claimed. He encouraged the committee to support SB 48.
10:22:27 AM
MARGARET ANTHONY, Fairbanks, expressed concern regarding the
number of children in America on psychotropic drugs. Some of the
most talented people in history had a hard time sitting still in
school, such as Albert Einstein and actor Tom Cruise. Today the
two might be diagnosed with ADD and put on drugs. She informed
the committee that any person who was been on Ritalin for more
than two years is not eligible to serve in the military.
People on psychotropic drugs present higher risks of suicide and
violent behavior. One of the students who went on the shooting
spree in Columbine High School was on such types of drugs, she
stated. The drugs appear to interfere with good judgment. She
encouraged the committee to support the bill.
10:26:33 AM
FRANK TURNEY, Fairbanks, said he was a community activist who
supported SB 48. He informed the committee of a resolution
passed in 2005 by the borough assembly in support of this
legislation. Many parents are concerned with their children
being misdiagnosed with attention deficit disorder (ADD) or
attention deficit hyperactivity disorder (ADHD) and then denied
the opportunity to serve in military service. He agreed with
previous testimony from Ms. Anthony regarding increased erratic
behavior of young adults who have been put on psychotropic
drugs.
10:31:50 AM
GREG STERNQUIST, Chiropractor, said he has treated children for
ADHD for many years and considers himself an expert on
psychotropic drugs. He recognized that teachers are doing a good
job overall but they do not have possess the education level to
diagnose or suggest treatment to children. He urged the
committee to support the bill.
10:33:35 AM
ANGELA TILLERY, Director, Church of Scientology, testified in
support of the bill. She has counseled parents whose children
have been recommended psychotropic drugs due to their
hyperactivity. School districts want a quick fix because they
have too many children in the classroom and they seek easier
control, she claimed.
10:36:47 AM
RICHARD WARNER, President of the Seattle Chapter of the
Citizen's Commission on Human Rights, testified in support of
the bill. Similar legislation has passed in many other states.
Children are exposed to many different factions in today's
society and there are many different root causes to mental
instability including too much television watching, poor
nutrition, and exposure to environmental toxins. The Surgeon
General's 1999 report on mental health says there is no
definitive lesion, laboratory tests or abnormality in brain
tissue that can identify mental illness.
The FDA has recently issued an unprecedented series of warning
against psychotropic drugs. They have found that anti-
depressants can double a child's risk of becoming suicidal. ADHD
drugs such as Ritalin can increase cardiovascular problems, lead
to hallucinations, aggression, violence, and psychotic behavior.
Tests show that the drugs are no more effective than placebos in
treating children for hyperactivity.
10:41:18 AM
MR. WARNER continued his only problem with the S version of the
bill is that the original bill was much stronger. He encouraged
the committee to return the bill to its stronger position of
protecting parents who refuse to put their children on drugs.
10:44:16 AM
SENATOR CHARLIE HUGGINS asked Senator Davis whether she agreed
with Mr. Warner's stance for a stronger bill.
SENATOR DAVIS said she felt the bill was in good form.
CHAIR SEEKINS closed public testimony.
SENATOR GRETCHEN GUESS moved to report CSSB 48(HES) from
committee with individual recommendations and attached fiscal
notes. Hearing no objections, the motion carried.
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