Legislature(2003 - 2004)
04/23/2003 01:34 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= 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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