Legislature(2003 - 2004)
04/23/2003 01:34 PM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 156-PREGNANCY ALCOHOL WARNING
CHAIR FRED DYSON announced SB 156, which he sponsored, to be up
for consideration. He explained that several years ago, Senator
Pearce introduced and passed a bill requiring that warnings
about the danger of drinking while pregnant be posted in bars.
He reminded members that prenatal alcohol poisoning of children
is the largest cause of permanent mental injury in our nation
and that Alaska, arguably, leads the nation in the rate of
prenatal alcohol poisoning of children.
CHAIR DYSON said last fall at the state FASFAE summit, a parent
suggested the Legislature take the next step to increase
awareness amongst sexually active people about the dangers of
prenatal alcohol poisoning of children. He contacted the
National Pharmacy Board and talked with pharmacists in the state
who thought that should be done anyway. This bill requires that
pharmacists post a sign that says drinking while pregnant can
damage the unborn child where prescriptions and equipment
related to sexual activity are located and to provide that
information to customers buying birth control devices or
pregnancy testing kits. No one has opposed this idea.
SENATOR GRETCHEN GUESS asked if they would be required to post a
sign as opposed to handing the information to everyone who comes
in to buy something.
CHAIR DYSON replied they are required to do both. One pharmacist
told him he was going to put a sticker on each package.
SENATOR GUESS asked if the pharmacy has the choice or whether it
would have to provide that piece of paper every time.
CHAIR DYSON said he thought it was both. A sign would be posted
and the customer would get the information.
SENATOR GUESS said she was a little worried about the burden
this could place on a clerk at Fred Meyer, for instance, versus
the signage, which may be more effective.
MR. WES KELLER, staff to Senator Dyson, commented that the
person who actually hands the device to the recipient is
required to provide the piece of paper, but the penalty is on
the owner or the manager of the business.
SENATOR GUESS envisioned a scenario where a customer in Fred
Meyer went to the condom section and then to the checkout
counter and no one handed him a notice. She asked if the manager
of Fred Meyer would be penalized.
CHAIR DYSON replied if there wasn't a sticker on the package, a
clerk would be required to give the customer a piece of paper.
He assumed the store would have a supply of stickers at the
counter.
SENATOR GUESS asked if he didn't think that places an excessive
burden on business.
CHAIR DYSON replied yes, but he didn't think it was any undue
burden, not unlike requiring clerks to check for age when
selling tobacco. He added that according to the Division of
Public Health, the state spends $1.5 million on every FASFAE
child by the time that child reaches 18. He maintained, "My
sense in the business community that I have talked to is that
they are glad to do this, particularly as a defense against
potential liability."
SENATOR GUESS said notification is a great goal, but she asked
him to think logistically about how it would take place in a
Fred Meyer store. She asked if the warning would be the same as
that in Senator Pearce's legislation.
CHAIR DYSON replied that he thought so.
SENATOR WILKEN moved to pass SB 156 from committee with
individual recommendations. There were no objections and it was
so ordered.
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