Legislature(2023 - 2024)BUTROVICH 205
02/26/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB166 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 166 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 166-MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
[CSSB 166(L&C) was before the committee.]
1:56:22 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 166
"An Act establishing the Alaska mental health and psychedelic
medicine task force; and providing for an effective date."
He said this is the first hearing of SB 166 in the Senate
Judiciary Committee. He invited the bill sponsor to identify
himself for the record and begin his remarks.
1:56:48 PM
SENATOR FORREST DUNBAR, District J, Alaska State Legislature,
Juneau, Alaska, introduced the bill as sponsor of SB 166. He
presented the following sponsor statement:
[Original punctuation provided.]
SPONSOR STATEMENT
CSSB 166(L&C): MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
Senate Bill 166 establishes the Alaska Mental Health
and Psychedelic Medicine Task Force. The goal of this
legislation is to be ready should the federal
government approve psychedelics for medicinal use; it
is not the intent of this bill to legalize these
substances.
Conditions such as PTSD, depression, anxiety,
substance-use disorders, and TBI are highly prevalent
in Alaska, particularly among veterans and survivors
of domestic violence. Advanced trials show that
psychedelic-assisted therapies can be effective in
treating these conditions.
The Task Force will explore how psychedelic-assisted
therapies would fit into Alaska's healthcare system.
It will meet at least four times, submit a report of
recommendations to the legislature and the governor by
December 31st, 2024, and terminate at the convening of
the Thirty-Fourth Legislature. Proposed members
include healthcare professionals, Alaska Native
communities, veterans, and mental health advocates.
1:57:47 PM
CHAIR DUNBAR commented that one of the lessons learned from
other states is that it is important to include Indigenous
voices who have been using psychedelics for medicinal use in
traditional healing for many thousands of years in some cases.
SB 166 includes Indigenous voices in a way that some other
states did not.
The Task Force will address questions such as what
barriers exist to the implementation and access of
these therapies, what licensing and regulatory
requirements should exist, and other guidelines that
may be appropriate for the safe integration of
psychedelic medicine into Alaska's healthcare
framework.
On February 9th, 2024, the FDA accepted a new drug
application for MDMA for treatment of PTSD, with a
decision expected this August. I urge timely passage
of SB 166 to ensure that Alaska is prepared to
consider these treatments in addressing mental health
challenges.
1:58:32 PM
SENATOR DUNBAR commented that the previous committee
significantly changed this bill based on work done to its
companion bill in the other body. He said these changes include:
• clarifying that SB 166 is not about advocating for
legalization;
• adding two new seats, one for nurses and one for counselors;
and
• changing this from an executive to a legislative task force,
and because of that, SB 166 no longer has a fiscal note.
1:59:18 PM
SETH TIGARIAN, Staff, Senator Forrest Dunbar, Alaska State
Legislature, Juneau, Alaska, presented an updated version of the
sectional analysis on behalf of the sponsor:
Section 1. This section adds a new section to the uncodified law
of the State of Alaska to establish the Mental Health and
Psychedelic Medicine Task Force in the Legislature, and
establishes:
• The purpose of the task force;
• Membership of the task force;
• A process for the election of the chair of the task force;
• A process for filling a vacancy on the task force;
• There is no compensation for task force members;
• A schedule and timeline for submission of the task force
report and recommendations;
• Termination of the task force at the convening of the 34th
Legislature.
Section 2. This section establishes an immediate effective date.
2:00:21 PM
SENATOR TOBIN drew attention to Section 1, stating SB 166
proposes a comprehensive, varied list of task force members. She
noted that law enforcement is noticeably absent. She mentioned
that following the decriminalization of certain controlled
substances in Oregon, the absence of law enforcement's
perspective was evident. Law enforcement could offer insights
into the legal ramifications and practical interpretations of
decriminalization as well as offer support. She inquired about
the omission of law enforcement from the list.
2:01:21 PM
SENATOR DUNBAR replied that SB 166 is primarily about licensing,
not legalization. This bill proposes a task force that deals
primarily with the Department of Commerce, Community and
Economic Development (DCCED). He explained this is why he
initially established the task force in that department. He said
it is under the federal government's purview to legalize these
substances; it is sort of out of the State's hands.
SENATOR DUNBAR said that the purpose of psychedelic medicine is
as treatments similar to ketamine or other medications, which
typically rely on licensing rather than law enforcement. He does
not oppose the participation of the Department of Public Safety
(DPS) on the task force. He said he tried to engage with every
organization to get them to send a participant. For example,
DCCED representatives were eager to participate in this task
force. He said that law enforcement was not the primary focus of
the task force because the focus is on licensing and not on
Resistance, Aggression, Violence, and Escape (RAVE) risks.
2:02:41 PM
SENATOR TOBIN recalled an Anchorage Assembly member who
advocated for public safety officers to have access to marijuana
for treatment purposes. She noted it was insightful and
impactful to hear from those who serve on the frontlines and
benefit from these pharmaceuticals and substances, helping them
avoid other types of interventions. She clarified that her
question pertains not only to enforcement but also to the
valuable input from officers in frontline positions.
2:03:25 PM
SENATOR KIEHL brought up a couple of mechanical questions. He
said the benefit of placing the responsibility in the
legislative branch instead of the executive is that it
eliminates the need for a fiscal note. However, the downside is
determining who will provide staff support to the commission. He
questioned who would gather the necessary materials, conduct
research, organize the agendas, and manage all related tasks.
SENATOR DUNBAR replied that his office would partly handle it.
He expressed his intention to be involved in the task force. He
believes that a number of other organizations might be
interested in helping and have indicated their interest in the
work. He acknowledged that it is a challenge but cited the
successful example of the Food [Strategy] Task Force. Nonprofits
provided a lot of money and support along with real work from
the legislators who helped to pass the legislation.
2:04:31 PM
SENATOR KIEHL questioned the timeframe, stating that it is
ambitious. He surmised that a best-case scenario would have SB
166 enacted by the end of March. He recalled his service in
municipal government after marijuana legalization when the
assembly formed a task force. He noted that the municipality had
fewer issues to consider than the legislative task force on
mental health and psychedelic medicine. Yet, it took over a
year, meeting every other week. He sought confirmation that the
bill sponsor was comfortable with a December deadline. He asked
whether the committee should consider giving the task force more
time to complete the work and submit the report.
SENATOR DUNBAR replied that if the committee extends the
timeline, it would not be a deal breaker for the bill. However,
the federal government imposed a timeline on the people who are
working in this space. A conference in Colorado drew about
14,000 people last summer, indicating tremendous interest in
these treatments. He explained that stage III trials are
expected to conclude by the end of the summer. It is the last
part of the research necessary for the Federal Drug
Administration (FDA) to take action on this. People expect this
by the end of the summer; it is the motivator to implement the
task force quickly. He agreed that it is an ambitious timeframe
but pointed out that the task force is not tasked with
implementing regulations. He surmised that task force
discussions will continue beyond its disbandment, leading to
regulatory efforts in 2025 and 2026.
2:07:00 PM
SENATOR TOBIN said that many states propping up a similar task
force expanded their scope beyond mental health to post-
traumatic stress disorder (PTSD), long-COVID treatment, and
depression. She drew attention to page two, line one of SB 166,
citing "ongoing mental health crisis." She asked whether this
verbiage encapsulates other psychedelic treatments for health
concerns, like long-COVID, depression, or PTSD. She sought
confirmation the bill verbiage is encompassing enough.
SENATOR DUNBAR replied that he thought it was, but he
recommended that the committee hear it from the invited
testimony.
2:08:13 PM
CHAIR CLAMAN said he had a technical question. He drew attention
to page two of the bill, noting that the senate president and
speaker of the house each appoint a member from their respective
body but not in an ex officio capacity. He asked if there was a
reason for this, explaining that in other instances he is
familiar with these appointments were ex officio members.
SENATOR DUNBAR replied that this topic has not yet been
thoroughly discussed. He said he is not opposed to an ex officio
appointment if the chair thinks it is more appropriate.
CHAIR CLAMAN observed that in instances where legislators were
appointed to executive branch groups, not legislative ones, the
theory is that legislators cannot speak on behalf of the
legislative body. They could only speak on behalf of themselves.
He said that the committee could discuss this further.
2:09:25 PM
CHAIR CLAMAN found no further questions and opened invited
testimony on SB 166.
2:09:44 PM
KATELYN MCKINNEY, representing self, Juneau, Alaska, gave
invited testimony in support of SB 166 and an overview of her
background and professional experience as a therapeutic
backcountry guide. She said that she is a social worker
specializing in taking veterans with complex disorders of trauma
and physical disabilities into the backcountry for therapeutic
and restorative expeditions. Through this work, she encountered
over two dozen clients who participated in psychedelic-supported
and assisted therapy research. She stated that these veterans
overwhelmingly described this modality as lifesaving.
MS. MCKINNEY said several of these veterans indicated they would
not be alive without access to this treatment. She explained
that this is where psychedelic therapies stand apart from other
treatments. She explained that some symptoms are treatment-
resistant, like treatment-resistant depression (TRD). These
clients tend to thrive and benefit from psychedelic therapies.
2:11:02 PM
MS. MCKINNEY emphasized acknowledging that these treatments were
taken from the American public under false pretenses. She
explained that contrary to past misconceptions, these therapies
are not harmful. Instead, they are mechanisms of wellness. They
have historically been used in the medical industry and
indigenous communities as healing modalities for a very long
time. She highlighted that current data demonstrates individuals
and communities can benefit from this modality. She affirmed
that conditions like PTSD, depression, and long COVID are mental
health-affiliated conditions, and all three would fall within
the bill's "mental health crisis" terminology. She expressed
appreciation that SB 166 applies more broadly than just as an
intervention for the most extreme mental health conditions.
MS. MCKINNEY expressed her support for SB 166 as a community
member, social worker, and veteran. She highlighted the
importance of the government process, its capacity to support
the restoration of liberties, and allow for equitable and
insurable access to what will become federally legalized
treatments. She emphasized the need for a well-researched
process to ensure fair access and preparedness so the
legislature is ready when it comes time to make decisions. She
expressed her belief that aligning intention with outcomes is
crucial.
2:13:34 PM
STEPHANIE BIRCH, Secretary, Alaska Advanced Practice Registered
Nurses (APRN) Alliance, gave invited testimony in support of SB
166, stating that she is family nurse practitioner working in a
nurse-practitioner owned private clinic in East Anchorage. She
said the clientele are a multicultural patient population,
mainly with Medicaid and Medicare, and are very low-income. The
APRN Alliance represents 1,800 advanced practice registered
nurses in Alaska, including certified nurse practitioners,
certified nurse midwives, nurse specialists, and certified
registered nurse anesthesiologists. She is the secretary of the
organization. She said that as independently licensed healthcare
professionals, they play a pivotal role in meeting and helping
to design the healthcare needs of Alaskans.
MS. BIRCH said a sizable number of her patients have significant
behavioral health concerns and conditions with many experiencing
severe trauma as a young child, teen, or adult. Most have never
been treated for this trauma due to a lack of:
• resources,
• supportive family structures,
• accessibility to primary care through their Medicaid
insurance, and most importantly,
• easily accessible behavioral health resources.
2:15:03 PM
MS. BIRCH said that it should come as no surprise that many
individuals utilize alcohol and street drugs to manage their
symptoms. While the use of psychedelic drugs is not the starting
point for treating severe trauma, severe depression, or other
mental health conditions, it is an important tool that needs to
be readily available for referred patients. Treatment settings
need to offer a multidisciplinary approach when using
psychedelic therapies. A task force of multidisciplinary
members, including advanced practice registered nurses, is
essential to ensure the use of psychedelics is properly managed
with a fully supportive team available to the patient. A well-
designed task force has the potential to provide evidence-based,
multidisciplinary guidance to Alaskan healthcare organizations
and licensing boards on how to create:
• accessible,
• ethical, and
• effective healthcare using psychedelic modalities.
MS. BIRCH expressed appreciation on behalf of the APRN Alliance
for the committee's support of SB 166.
2:16:33 PM
BAILEY STUART, Consultant, Stuart Consulting, Wasilla, Alaska,
gave invited testimony in support of SB 166, stating that she is
an adjunct professor at the University of Alaska Anchorage
(UAA). She educates students on cannabis science regulation. She
opened the first cannabis retail in the Mat-Su Borough. She
serves on the Alaska Marijuana Industry Association as the chair
of the Public Relations and Governance Committee, and on
Limitless Advance, a veterans' nonprofit. She said that given
her Schedule I substance expertise, she believes it is in the
best interest of Alaska to begin holding these discussions.
Currently, these substances are in phase III clinical trials,
meaning human trials. She pointed out that in January, the U.S.
Department of Veterans Affairs (VA) issued a request for
proposal (RFP) to study the use of certain psychedelic compounds
in treating PTSD and depression. This is the first time since
the 1960s that the VA has funded research on these compounds.
She said the State should prepare for the imminent approval of
these substances and recommended:
• Discussing what follows the FDA approval of psychedelic
substances as medicine.
• Researching what to expect before approval.
• Discussing the framework for how these substances will be
regulated.
2:18:13 PM
MS. STUART expressed her belief that these substances should
have a regulatory framework before FDA approval. She explained
that, based on her experience with the legalization of marijuana
in Alaska, she saw firsthand the confusion legalization caused
by the lack of a regulatory framework. Although legalization and
FDA approval are different, she believes it is important to
prevent confusion among practitioners after FDA approval. She
urged preparing an anticipated framework for providers to use as
a resource for their practices. She said that allowing educated
volunteers to hold important conversations poses no harm since
there is no fiscal note. The task force could be vital in
preventing the misuse of these substances and addressing
Alaska's mental health crisis.
MS. STUART advocated for regulatory framework discussions to
protect residents. She urged the committee to support SB 166,
allowing the state to prepare for anticipated psychedelic
medicine use while prioritizing public health and safety.
2:19:54 PM
BETH LAW, representing self, Wasilla, Alaska, gave invited
testimony in support of SB 166, stating she is a retired Army
veteran with 34 years of experience, including fourteen years on
active duty in Alaska. She described her trauma background as
follows:
• Survived alcoholic parents.
• Experienced several sexual assaults.
• Experienced severe combat-related trauma from Operation Iraqi
Freedom.
• Had a diagnosis of stage four lung cancer in 2009 and the
subsequent chemotherapy treatment lasted over two years.
• Served as her sister's caregiver.
• The death of her sister followed by the death of her father
and friend shortly after that.
• Struggled with depression and anxiety and years of
antidepressant use, mood stabilizers, and therapy.
2:21:44 PM
MS. LAW said she found a retreat in Jamaica called
MycoMeditations, which provided a one-week therapy session with
three psilocybin treatments. The facility had medical doctors,
therapists, and facilitators. Each participant had a dedicated
facilitator or therapist to guide them in processing and
integrating their experiences back into society.
MS. LAW emphasized that this treatment is serious and not about
getting high. She said it involved difficult work and helped
with her fear of dying. She reiterated that she has experienced
anxiety, depression, and PTSD since 2009. She urged the
committee do everything possible to help her fellow veterans who
are suffering similarly.
2:23:36 PM
CHAIR CLAMAN opened public testimony on SB 166.
2:23:56 PM
MEGAN LINGLE, representing self, Juneau, Alaska, testified in
support of SB 166, stating she is a University of Alaska-
Fairbanks graduate specializing in clinical mental health
counseling. She said that her passion for mental health advocacy
and the potential benefits of psychedelic-assisted therapy align
closely with the objectives of this legislation. She witnessed
the devastating impacts of substance abuse and suicide growing
up in the Native community of Kake, Alaska. These experiences
fueled her commitment to advocate for change and pursue a
clinical mental health counseling career.
MS. LINGLE expressed her belief that psychedelic-assisted
therapy holds immense promise for addressing Alaska's mental
health crisis. The proposed task force reflects a forward-
thinking approach to mental health treatments. She said that as
a graduate student, she is particularly interested in the
therapeutic benefits of psychedelics for treating mood, anxiety,
and substance use disorders. She said the FDA has acknowledged
these benefits. She commended the bill sponsor for recognizing
the importance of involving a diverse group of representatives,
including Alaska Natives, veterans, and survivors of domestic
violence and sexual assault. It is encouraging to see an
emphasis on the inclusion of Alaska Native communities. She
noted that she is an Alaska Native woman from the Tlingit tribe.
She said that including Alaska Natives ensures their unique
needs and perspectives are considered.
2:25:49 PM
MS. LINGLE said that SB 166 demonstrates a proactive approach to
psychedelics in Alaska, facilitating discussions on potential
barriers to access, insurance, licensing requirements, and
regulations. She noted this foresight is essential to ensure
assisted therapy is accessible to those who can benefit from it
after psychedelics are legalized. This legislation represents a
significant step toward addressing mental health challenges in
Alaska through innovative and evidence-based approaches. She
expressed confidence that the establishment of the psychedelic
medicine task force will pave the way for a more comprehensive
understanding and integration of these therapies.
2:26:56 PM
CHAIR CLAMAN closed public testimony on SB 166.
CHAIR CLAMAN held SB 166 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSB 166 ver P Sponsor Statement 2.20.2024.pdf |
SJUD 2/26/2024 1:30:00 PM |
SB 166 |
| CSSB 166 (L&C) ver P.pdf |
SJUD 2/26/2024 1:30:00 PM |
SB 166 |
| SB 166 Sectional Analysis 2.20.2024.pdf |
SJUD 2/26/2024 1:30:00 PM |
SB 166 |
| CSSB 166 ver P Summary of Changes 2.20.24.pdf |
SJUD 2/26/2024 1:30:00 PM |
SB 166 |
| SB 166 Research - NIH Abstract 9.8.2023.pdf |
SJUD 2/26/2024 1:30:00 PM |
SB 166 |
| SB 166 Research - VETS Press Release Ibogaine 1.5.2024.pdf |
SJUD 2/26/2024 1:30:00 PM |
SB 166 |
| SB 166 Research - Filter 2.15.24.pdf |
SJUD 2/26/2024 1:30:00 PM |
SB 166 |
| SB 166 Testimony Received by 2.20.24.pdf |
SJUD 2/26/2024 1:30:00 PM |
SB 166 |
| SB 166 Letter of Support - APRN Alliance 2.22.24.pdf |
SJUD 2/26/2024 1:30:00 PM |
SB 166 |