Legislature(2005 - 2006)
05/05/2005 04:55 PM Senate FIN
| Audio | Topic |
|---|---|
| Start | |
| HB61 | |
| HB149 | |
| HB169 | |
| HB211 | |
| HB225 | |
| HB123 | |
| HB215 | |
| SB46 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE CS FOR HOUSE BILL NO. 225(HES)
"An Act relating to medical examiners and medical death
examinations."
6:08:41 PM
This was the first hearing for this bill in the Senate Finance
Committee.
SHALON SZYMANSKI, Staff to Representative Lesil McGuire, the bill's
sponsor, explained that this bill would require the Commissioner of
the Department of Health and Social Services to appoint a second
medical examiner in the State. Currently, only one medical examiner
is required. The workload of the State's Medical Examiner is
increasing as exampled by the fact that approximately 1,100 cases
were filed with the Office the previous year. The duties of the
medical examiner range from conducting autopsies to administrative
duties and legal duties, which require him to testify in Court.
Current State law requires that autopsies be conducted in cases
involving a crime or a suspicious death. However, on occasion, due
to current workloads, no autopsy is conducted on the latter.
Ms. Szymanski noted that there is currently "no backup" were the
State's lone medical examiner unable to fulfill his duties.
Co-Chair Wilken communicated that he had participated in the
discussions on this bill during its Senate Health, Education, &
Social Services Committee, of which he is a member. His concern
then was that the Legislature "was doing the job" of the Governor
Frank Murkowski Administration; continuing that point, he stated
that the question is whether the Administration could hire a deputy
medical examiner without this legislation.
Ms. Szymanski responded that a second medical examiner could be
hired provided funding was available. The issue therefore, is that,
absent this legislation, those funds might not be constant.
Therefore, the State might continue to be served by one medical
examiner and, as a result, many cases might not receive the
attention they deserve.
6:11:07 PM
Co-Chair Wilken voiced that it "bothers me structurally" that one
or several Legislators might decide that a position was needed and
that, without question, that decision might be approved by the
Legislature. There is a reason for the budgeting process and the
separation of powers. The merits of hiring another medical examiner
should be determined through the budgeting process. Furthering this
legislation might establish an unwanted precedence. Were a second
medical examiner deemed necessary, the Administration should
advance it through the budgetary process.
Ms. Szymanski "expressed" the sponsor's concern that the problem
with the medical examiner position is one that "would not go away".
The State's population is increasing and would warrant a second
medical examiner. "It's an issue that needs to be dealt with, and
that's the only reason why we bring this forward."
Co-Chair Wilken acknowledged.
Senator Olson, a medical doctor, spoke to the need of there being a
second medical examiner. The current medical examiner is nearing
retirement age and "is overworked". He has been "worked to the bone
and has done a very good job of trying to keep up, but he only
human". The requirements of the position are numerous. Therefore,
he would support adding a Deputy Medical Examiner position due "to
the intensity of the need".
Co-Chair Green voiced concern to the fact that the bill was
accompanied by a Department of Health and Social Services zero
fiscal note, as the funding mechanism of the second medical
examiner position was unclear.
6:13:49 PM
Co-Chair Green joined Co-Chair Wilken in his concern of the process
being forwarded by this legislation, as, in her tenure as a member
of the Legislature, she could not recall ever entertaining a
request to add a staff position "through this process". Such
requests have historically been advanced through the budgetary
process.
DR. RICHARD MANDSANGER, Director, Division of Public Health,
Department of Health and Social Services informed the Committee
that the Department currently has sufficient funding in its budget
for two medical examiners. He informed the Committee that an
individual was offered the job as deputy medical examiner the
previous day. This legislation would "mandate" that the State would
always have a minimum of two medical examiners. That number is
warranted. No fiscal expense accompanies this bill, as funds are
currently available through which to support two medical examiners.
While the Department has had the ability to have two medical
examiners, this legislation would include in State Statute the
language "shall appoint" a deputy medical examiner.
Dr. Mandsanger acknowledged Co-Chair Wilken's comments about
adhering to budgetary process procedures, and informed the
Committee that, in all likelihood, he would be testifying in
support of the needs of the Medical Examiners' Office during future
budgetary proceedings.
6:15:41 PM
Dr. Mandsanger informed the Committee that a $100,000 increment was
included in the Governor's FY 06 operating budget proposal to
support the infrastructure and needs of two medical examiners.
Co-Chair Green ascertained therefore that that was the reason for
there being a zero fiscal note with this legislation. The
Governor's budget would include the funding needed to support the
second medical examiner position.
Dr. Mandsanger concurred.
6:16:07 PM
In response to a question from Co-Chair Green, Co-Chair Wilken
stated that his concerns, as previously stated, are on the record.
Co-Chair Wilken moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
AT EASE 6:16:39 PM / 6:17:37 PM
There being no objection, SCS HB 225(HES) was REPORTED from
Committee with zero fiscal note #1 dated March 30, 2005 from the
Department of Health and Social Services.
6:18:04 PM
| Document Name | Date/Time | Subjects |
|---|