03/07/2024 03:00 PM House STATE AFFAIRS

             SB 103-PEER SUPPORT COUNSELING PROGRAM                                                                         
                                                                                                                                
3:46:53 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  final order of business  would be                                                               
SENATE BILL NO. 103, "An  Act relating to peer support counseling                                                               
programs   for  law   enforcement  agencies,   emergency  service                                                               
providers, and the Department of Corrections."                                                                                  
                                                                                                                                
3:47:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY moved to adopt Amendment 1, labeled 33-                                                                    
LS0565\A.2, C. Radford, 3/4/24 to SB 103, which read:                                                                           
                                                                                                                                
       Page 1, line 7, following the second occurrence of                                                                       
     "and":                                                                                                                     
          Insert "peer support"                                                                                                 
                                                                                                                                
     Page 1, line 13, following "in":                                                                                           
          Insert "peer support"                                                                                                 
                                                                                                                                
     Page 2, line 3, following "or":                                                                                            
          Insert "peer support"                                                                                                 
                                                                                                                                
     Page 2, line 4, following "between":                                                                                       
          Insert "peer support"                                                                                                 
                                                                                                                                
     Page 2, line 5, following "participant,":                                                                                  
          Insert "peer support"                                                                                                 
                                                                                                                                
     Page 2, line 7, following "between":                                                                                       
          Insert "peer support"                                                                                                 
                                                                                                                                
      Page 2, line 23, following the second occurrence of                                                                       
     "the":                                                                                                                     
          Insert "peer support"                                                                                                 
                                                                                                                                
     Page 4, line 1, following "provide":                                                                                       
          Insert "peer support"                                                                                                 
                                                                                                                                
                                                                                                                                
3:47:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE  STORY  explained  that Amendment  1  was  drafted                                                               
based  on a  bill  discussion  from the  previous  meeting.   The                                                               
amendment utilizes  the term "peer support  counselor" throughout                                                               
the bill  in place of  the term  "counselor".  This  will clarify                                                               
that SB  103 is a peer  support counseling program that  does not                                                               
utilize professional counselors or therapists.                                                                                  
                                                                                                                                
3:47:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  offered her  concern of the  amendment and                                                               
mentioned that the  term "peer support" counselor is  used in the                                                               
title and in  other places in the  bill.  She said  she would not                                                               
support the amendment.                                                                                                          
                                                                                                                                
3:48:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK  added that her office  also prepared this                                                               
amendment.   She  said that  the  term counselor  is referred  to                                                               
elsewhere  in   statute  and  refers  to   licensed  professional                                                               
counselors.  This amendment helps  to provide clarity in statute.                                                               
She noted the incredible value of peer support counselors.                                                                      
                                                                                                                                
3:49:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY  asked to hear  from the bill  sponsor about                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
3:49:42 PM                                                                                                                    
                                                                                                                                
JAMES  HOLZENBERG, Staff,  Senator Forrest  Dunbar, Alaska  State                                                               
Legislature,  on behalf  of Senator  Dunbar, prime  sponsor, said                                                               
that Senator Dunbar views the  amendment as "friendly" because it                                                               
helps to  clarify the intent  of the bill and  prevents confusion                                                               
about licensed professional counselors.                                                                                         
                                                                                                                                
3:50:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WRIGHT asked  if  Representative  Story spoke  to                                                               
professional  counselors  and  whether  they  would  support  the                                                               
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  STORY said  she did  not speak  with professional                                                               
counselors.   She  said she  read through  definitions to  ensure                                                               
clarity so  that people impacted by  SB 103 would not  think they                                                               
were being served by a counselor who had full credentials.                                                                      
                                                                                                                                
3:50:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT maintained his objection.                                                                                 
                                                                                                                                
3:50:54 PM                                                                                                                    
                                                                                                                                
A  roll  call  vote  was  taken.    Representatives  C.  Johnson,                                                               
Carrick, Story, Carpenter,  and Shaw voted in  favor of Amendment                                                               
1 to  SB 103.   Representatives Allard  and Wright  voted against                                                               
it.  Therefore, Amendment 1 was adopted by a vote of 5-2.                                                                       
                                                                                                                                
3:51:49 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW opened public testimony on  SB 103, as amended.  After                                                               
ascertaining  that no  one wished  to testify,  he closed  public                                                               
testimony.                                                                                                                      
                                                                                                                                
3:51:55 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW closed public testimony for SB 103.                                                                                  
                                                                                                                                
3:52:03 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:52:45 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW reopened public testimony on SB 103.                                                                                 
                                                                                                                                
3:52:58 PM                                                                                                                    
                                                                                                                                
BRIAN  WEBB, representing  self, informed  the committee  that he                                                               
has been  a peer support counselor  since 1989.  He  testified in                                                               
support   of   SB   103  and   emphasized   the   importance   of                                                               
confidentiality.      He  said   he   has   seen  problems   with                                                               
confidentiality throughout his career.   He noted promotions that                                                               
were   denied  because   of  information   leaked  through   peer                                                               
counseling.  He  said in the last two years,  Alaska has lost two                                                               
emergency   medical  services   (EMS)  clinicians   to  suicides,                                                               
including  his former  partner.   He emphasized  that the  mental                                                               
anguish  of career  loss is  difficult and  a barrier  to healing                                                               
because  of  the stigma  around  seeking  help  and the  fear  of                                                               
confidentiality being broken.                                                                                                   
                                                                                                                                
3:55:09 PM                                                                                                                    
                                                                                                                                
DEIN BRUCE,  Senior Captain, Anchorage  Fire Department,  said he                                                               
has been the  department peer support coordinator  for six years.                                                               
He discussed  the cost-savings of peer-support  counselors.  Peer                                                               
support has  helped members  return to full  duty and  reach post                                                               
traumatic growth.   Without a peer support  program, he surmised,                                                               
many  members would  leave his  department due  to mental  health                                                               
issues  or substance  abuse.   Personnel replacement  takes time,                                                               
wages,  and training.   He  discussed  cost-savings from  reduced                                                               
turnover.    He  explained  that preventing  the  replacement  of                                                               
experienced personnel  generated $412,000  per year over  6 years                                                               
in   savings   to   the   Anchorage   Fire   Department.      The                                                               
confidentiality piece  of SB 103  will encourage members  to come                                                               
forward to get the aid needed to return to duty.                                                                                
                                                                                                                                
3:57:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked Mr.  Bruce if he is  a mandatory                                                               
reporter.                                                                                                                       
                                                                                                                                
MR.  BRUCE   said  that  all   first  responders   are  mandatory                                                               
reporters.      Mandatory   reporting   requires   a   break   in                                                               
confidentiality under a certain set circumstances.                                                                              
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  asked   if  SB  103  relieves  first                                                               
responders from mandatory reporting.                                                                                            
                                                                                                                                
MR. BRUCE said no, first responders are mandatory reporters.                                                                    
                                                                                                                                
3:58:03 PM                                                                                                                    
                                                                                                                                
ANGELINA SALVATO,  representing self, testified in  support of SB
.   She  described her  experience working  for the  Anchorage                                                               
Police Department  where she was involved  in an officer-involved                                                               
shooting and  was made  a criminal suspect.   She  mentioned that                                                               
she was  not permitted  to discuss  the case  for two  years. She                                                               
explained that  the peer-counselor program makes  it possible for                                                               
first responders to maintain wellness.                                                                                          
                                                                                                                                
3:59:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked  to hear  from the  bill sponsor                                                               
about mandatory reporting.                                                                                                      
                                                                                                                                
4:00:20 PM                                                                                                                    
                                                                                                                                
MR.  HOLZENBERG   answered  that  the  bill   has  exceptions  to                                                               
confidentiality  including  when  threats  of harm  are  made  to                                                               
oneself or others;  if there are admissions  of criminal conduct;                                                               
if  information is  given  about abuse  of  vulnerable adults  or                                                               
children; or if any information  is disclosed that is established                                                               
by mandatory reporting laws.                                                                                                    
                                                                                                                                
4:01:16 PM                                                                                                                    
                                                                                                                                
MS.  SALVATO,   in  response  to   a  question   about  mandatory                                                               
reporting,  discussed  that the  bill's  language  is similar  to                                                               
bills  in  Washington  and  Oregon.     The  bill  exempts  peer-                                                               
counselors  from confidentiality  in  specific  situations.   She                                                               
asked  if   this  bill  goes  far   enough  for  confidentiality.                                                               
Confidentiality   does   not   allow   counselors   to   withhold                                                               
information  to  protect  the first  responder  if  something  is                                                               
revealed   and   is   listed  under   the   mandatory   reporting                                                               
requirements.                                                                                                                   
                                                                                                                                
4:02:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  sought  to  clarify  the  difference                                                               
between withholding and reporting.                                                                                              
                                                                                                                                
4:03:10 PM                                                                                                                    
                                                                                                                                
MS.  SAVALTO clarified  that mandatory  reporters are  not exempt                                                               
from reporting under specific situations mentioned earlier.                                                                     
                                                                                                                                
4:03:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON expressed his concerns  and sought the                                                               
Department of Law to answer his question.                                                                                       
                                                                                                                                
4:04:11 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:04 p.m. to 4:09 p.m.                                                                       
                                                                                                                                
4:09:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER referred  to  page  2, subsection  (b),                                                               
concerning oral or  written information, and asked if  SB 103, as                                                               
amended includes  grand jury proceedings.   He explained  that he                                                               
asked the question  on the record and would  await follow-up from                                                               
the Department of Law to answer the question later.                                                                             
                                                                                                                                
CHAIR SHAW announced that SB 103, as amended, was held over.