Legislature(2021 - 2022)ADAMS 519

03/31/2022 09:00 AM House FINANCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 306 EXTEND BOARD OF PHARMACY TELECONFERENCED
Moved HB 306 Out of Committee
+ HB 170 ENERGY INDEPENDENCE PROGRAM & FUND: AIDEA TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 60 PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION TELECONFERENCED
Heard & Held
                  HOUSE FINANCE COMMITTEE                                                                                       
                      March 31, 2022                                                                                            
                         9:08 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:08:29 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Merrick called the House Finance Committee meeting                                                                     
to order at 9:08 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair (via teleconference)                                                                       
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Bryce Edgmon                                                                                                     
Representative DeLena Johnson                                                                                                   
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Sara Rasmussen                                                                                                   
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ben Carpenter                                                                                                    
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative   Andi   Story,   Sponsor;   Sara   Chambers,                                                                    
Director,   Division    of   Corporations,    Business   and                                                                    
Professional  Licensing, Department  of Commerce,  Community                                                                    
and  Economic   Development;  Representative   Matt  Claman,                                                                    
Sponsor.                                                                                                                        
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 306    EXTEND BOARD OF PHARMACY                                                                                              
                                                                                                                                
          HB 306  was REPORTED  out of committee  with three                                                                    
          "do    pass"   recommendations    and   six    "no                                                                    
          recommendation"   recommendations  and   with  one                                                                    
          previously  published  fiscal   impact  note:  FN1                                                                    
          (CED).                                                                                                                
                                                                                                                                
                                                                                                                                
HB 60     PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION                                                                               
                                                                                                                                
          HB 60 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
Co-Chair  Merrick  reviewed  the   agenda  for  the  morning                                                                    
meeting.                                                                                                                        
                                                                                                                                
HOUSE BILL NO. 306                                                                                                            
                                                                                                                                
     "An Act extending the termination date of the Board of                                                                     
     Pharmacy; and providing for an effective date."                                                                            
                                                                                                                                
9:08:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDI STORY,  SPONSOR, thanked  the committee                                                                    
for hearing the bill. She  stated that the Board of Pharmacy                                                                    
must  be extended  for the  critical work  of licensing  and                                                                    
regulation of the profession. She  agreed with the auditor's                                                                    
recommendation  of extending  the board  for six  years. She                                                                    
remarked  that legislators  all shared  a concern  about the                                                                    
Prescription  Drug Monitoring  Program (PDMP).  She believed                                                                    
fixing the PDMP  was a separate issue from  the extension of                                                                    
the board. She clarified that  the PDMP was housed under the                                                                    
Board of  Pharmacy; however, the board  only had enforcement                                                                    
power  and   regulatory  oversight  over   pharmacists.  She                                                                    
highlighted that the Medical Board,  Board of Nursing, Board                                                                    
of Dental  Examiners, Board of Examiners  and Optometry, and                                                                    
Board  of Veterinarian  Examiners  all  participated in  the                                                                    
PDMP. She relayed that the chairs  of the boards met twice a                                                                    
month solely about  the PDMP. She shared that  her staff had                                                                    
been  working  closely  with  the  Department  of  Commerce,                                                                    
Community   and  Economic   Development  (DCCED)   and  Sara                                                                    
Chambers [Director,  Division of Corporations,  Business and                                                                    
Professional Licensing,  DCCED] and  they all  felt strongly                                                                    
about how to  make some progress in the  PDMP. She requested                                                                    
to hear from Ms. Chambers.                                                                                                      
                                                                                                                                
9:11:10 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:11:37 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SARA CHAMBERS, DIRECTOR,  DIVISION OF CORPORATIONS, BUSINESS                                                                    
AND   PROFESSIONAL   LICENSING,  DEPARTMENT   OF   COMMERCE,                                                                    
COMMUNITY   AND   ECONOMIC  DEVELOPMENT,   appreciated   the                                                                    
members' desire for a solution  to ensure the PDMP was doing                                                                    
what the  legislature had  set forth for  the program  to do                                                                    
and to  ensure it was  doing it  well. In addition  to that,                                                                    
everyone understood  and agreed  on the expectations  of the                                                                    
PDMP.  She appreciated  the bill  sponsor's  desire to  find                                                                    
some solutions.  She communicated  that since the  last bill                                                                    
hearing,  the department  had been  working  with the  board                                                                    
chairs and  some members of  the House Finance  Committee to                                                                    
identify  existing  funding  sources  that  could  help  the                                                                    
department  locate a  contractor, consultant,  or individual                                                                    
with PDMP  expertise who could  take a holistic view  of how                                                                    
the  PDMP fit  into  the state's  opioid crisis  management.                                                                    
Additionally,  the individual  could help  determine whether                                                                    
legislation could  be recommended in a  subsequent report to                                                                    
the  legislature to  address changes  ranging from  small to                                                                    
large,  what  the  department,  boards,  and  administration                                                                    
could  be doing  differently, looking  at other  states, and                                                                    
providing technical assistance.                                                                                                 
                                                                                                                                
Ms. Chambers  stated the resources  were out there  and they                                                                    
were  working  to  connect the  dots,  especially  with  the                                                                    
department's  limited resources.  She  elaborated that  they                                                                    
had  been working  with  the Division  of  Public Health  to                                                                    
identify some  grant funding. They  believed it  may provide                                                                    
an option to move forward on  a report and analysis in a way                                                                    
that would edify the concerns.                                                                                                  
                                                                                                                                
9:13:52 AM                                                                                                                    
                                                                                                                                
Representative Edgmon relayed that he  had been one to raise                                                                    
concerns  about the  PDMP. He  appreciated the  information,                                                                    
and it  satisfied his concern.  He was ready to  support the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Representative  LeBon  MOVED  to   ADOPT  Amendment  1,  32-                                                                    
LS1434\A.2 (Ambrose, 3/16/22)  [by Representative Carpenter]                                                                    
(copy on file):                                                                                                                 
                                                                                                                                
     Page 1, line 5                                                                                                             
                                                                                                                                
     Delete "2028"                                                                                                              
     Insert "2026"                                                                                                              
                                                                                                                                
Representative Edgmon OBJECTED.                                                                                                 
                                                                                                                                
Representative  LeBon  explained  the amendment.  He  stated                                                                    
that the  committee had heard  from the  legislative auditor                                                                    
there  were  some  issues  with  board  governance  and  the                                                                    
working relationship  between the Board of  Pharmacy and the                                                                    
agency.  He  thought  the  legislature  would  want  to  see                                                                    
progress  towards  improving  the  work  of  the  board.  He                                                                    
supported a  reduction in  the extension  of the  board from                                                                    
2028 to 2026.                                                                                                                   
                                                                                                                                
Representative Edgmon MAINTAINED his OBJECTION.                                                                                 
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Johnson, Josephson, LeBon, Thompson                                                                                   
OPPOSED: Ortiz, Wool, Edgmon, Merrick, Foster                                                                                   
                                                                                                                                
The MOTION to adopt Amendment 1 FAILED (4/5).                                                                                   
                                                                                                                                
9:15:58 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:16:08 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair Ortiz  MOVED to  REPORT HB  306 out  of committee                                                                    
with individual recommendations  and the accompanying fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
Representative   Johnson   OBJECTED  for   discussion.   She                                                                    
remarked that  she put a  reminder in her calendar  to bring                                                                    
up the  topic the  following session.  She wanted  to ensure                                                                    
the legislature  was doing  its do  diligence. She  had some                                                                    
concerns about  the length [of the  board extension] because                                                                    
some  issues had  been identified.  She remarked  that going                                                                    
forward  with the  next year's  budget, it  was easy  to let                                                                    
things  go by  the wayside.  She  remarked there  may be  an                                                                    
opportunity  in   the  future  to  talk   about  boards  and                                                                    
commissions, which she believed  would likely be healthy for                                                                    
some  of  the state's  boards.  She  was not  interested  in                                                                    
shutting the board down or  in spending a substantial amount                                                                    
of money on  another audit to come back to  the committee to                                                                    
report that the  same thing was still  happening. She stated                                                                    
that somehow  the legislature  needed to  figure out  how to                                                                    
get a  report that may  not be  100 percent or  exactly what                                                                    
the  legislature wanted  to vote  on. The  legislature would                                                                    
need to determine how to deal with it.                                                                                          
                                                                                                                                
Representative Johnson WITHDREW her OBJECTION.                                                                                  
                                                                                                                                
There being  NO further OBJECTION,  HB 306 was  REPORTED out                                                                    
of committee  with three "do  pass" recommendations  and six                                                                    
"no recommendation" recommendations  and with one previously                                                                    
published fiscal impact note: FN1 (CED).                                                                                        
                                                                                                                                
9:17:59 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:20:02 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 60                                                                                                             
                                                                                                                                
     "An Act relating to mental health education."                                                                              
                                                                                                                                
9:20:04 AM                                                                                                                    
                                                                                                                                
Co-Chair  Merrick  noted  the   bill  had  been  tabled  the                                                                    
previous day.                                                                                                                   
                                                                                                                                
Representative Rasmussen  MOVED HB 60  be taken up  from the                                                                    
table.                                                                                                                          
                                                                                                                                
Representative  Thompson OBJECTED.  He  thought hearing  the                                                                    
bill had the  potential of being a waste  of the committee's                                                                    
time. He believed the committee  had better things it needed                                                                    
to  get done.  He thought  hearing  the bill  was the  wrong                                                                    
thing to do  currently. He stated the Senate  version of the                                                                    
bill  would  come  to  the  House  floor.  He  believed  the                                                                    
committee  would rehash  the topic  a second  time over  the                                                                    
next couple of weeks.                                                                                                           
                                                                                                                                
Co-Chair  Merrick  noted that  any  amendments  made in  the                                                                    
committee could be rolled into a committee substitute.                                                                          
                                                                                                                                
Representative Thompson MAINTAINED his OBJECTION.                                                                               
                                                                                                                                
9:21:20 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:21:31 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Merrick asked to clear the previous roll call.                                                                         
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Josephson, Ortiz, Rasmussen, Wool, Merrick,                                                                           
Foster                                                                                                                          
OPPOSED: LeBon, Thompson, Edgmon, Johnson                                                                                       
                                                                                                                                
The MOTION PASSED (6/4). There being NO further OBJECTION,                                                                      
HB 60 was back before the committee.                                                                                            
                                                                                                                                
9:22:18 AM                                                                                                                    
                                                                                                                                
Representative Thompson MOVED to ADJOURN the meeting.                                                                           
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: LeBon, Rasmussen, Thompson, Johnson                                                                                   
OPPOSED: Ortiz, Wool, Edgmon, Josephson, Merrick, Foster                                                                        
                                                                                                                                
The MOTION to adjourn FAILED (4/6).                                                                                             
                                                                                                                                
9:23:34 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick asked if the bill sponsor had an opening                                                                       
statement.                                                                                                                      
                                                                                                                                
REPRESENTATIVE MATT CLAMAN, SPONSOR, replied that he did                                                                        
not have opening remarks and was happy to discuss the                                                                           
amendments as needed throughout the process.                                                                                    
                                                                                                                                
Representative Johnson MOVED to ADOPT Amendment 1, 32-                                                                          
LS0261\B.17 (Marx, 3/4/22) (copy on file):                                                                                      
                                                                                                                                
     Page 2, following line 17:                                                                                                 
     Insert a new bill section to read:                                                                                         
     "* Sec. 4. AS 14.30.360 is amended by adding a new                                                                         
     subsection to read:                                                                                                        
     (e)   A district shall, before  instructing students in                                                                    
     mental health as part of  a program in health education                                                                    
     under (a)  of this  section, provide notice  to parents                                                                    
     and guardians of students  participating in the program                                                                    
     that                                                                                                                       
                                                                                                                                
     (1) describes the mental health components of the                                                                          
     program;                                                                                                                   
     (2) identifies the time and place of the mental health                                                                     
     instruction; and                                                                                                           
     (3) informs parents or guardians how to, under AS                                                                          
     14.03.016, object to and withdraw the student from the                                                                     
     program."                                                                                                                  
                                                                                                                                
     Renumber the following bill section accordingly                                                                            
                                                                                                                                
Representative Josephson OBJECTED.                                                                                              
                                                                                                                                
Representative  Johnson explained  that the  amendment would                                                                    
add transparency  and parental involvement. She  shared that                                                                    
many  of  her  constituents  were  concerned  about  schools                                                                    
overlapping with parents  when it came to  raising kids. The                                                                    
amendment would  require notices  to be provided  to parents                                                                    
about any  mental health program including  a description of                                                                    
the  program and  instruction.  Additionally, the  amendment                                                                    
would give parents the right to  opt out of the program. She                                                                    
stated  that  schools  used the  process  for  other  topics                                                                    
including  sex education.  She  believed  the mental  health                                                                    
program should be no different.                                                                                                 
                                                                                                                                
Vice-Chair Ortiz opposed the  amendment. He highlighted that                                                                    
the bill provided for an  optional opportunity for districts                                                                    
to adopt guidelines that would  come forward from the state.                                                                    
He elaborated  it would be  optional for districts  to adopt                                                                    
any   form  of   a  mental   health  program   within  their                                                                    
curriculum. He  stated the amendment would  reach into local                                                                    
board control and mandate what a  local board may or may not                                                                    
do. He  believed most of  the legislature was in  support of                                                                    
local  control  of  schools.  He stated  it  was  the  whole                                                                    
foundation  of  the school  board  system.  He believed  the                                                                    
amendment went against the basic principle.                                                                                     
                                                                                                                                
Representative  Rasmussen   supported  the   amendment.  She                                                                    
stated  that  the most  local  control  possible involved  a                                                                    
parent  and their  child. She  agreed that  districts should                                                                    
have some  flexibility; however, she believed  the amendment                                                                    
would help  ensure parents were involved  and informed about                                                                    
the curriculum being taught to their children.                                                                                  
                                                                                                                                
9:26:14 AM                                                                                                                    
                                                                                                                                
Representative  Wool  did  not  support  the  amendment.  He                                                                    
highlighted that  the bill provided guidance  for developing                                                                    
instructions in  mental health. He stated  that the language                                                                    
was  about  a  student's  physical  and  mental  health.  He                                                                    
remarked that a child's  health included mental and physical                                                                    
health. He  elaborated that if  a child was sick,  they were                                                                    
not physically  well and if  they were depressed,  they were                                                                    
not  mentally well.  He did  not believe  talking about  the                                                                    
subject  of  mental health  in  a  classroom should  require                                                                    
parental permission. He disputed the  claim that it was like                                                                    
sex education.  He remarked that perhaps  families discussed                                                                    
mental health at home, but  perhaps they did not. He pointed                                                                    
out that  no one talked  about the need for  parental buy-in                                                                    
to discuss nutrition.  He thought mental health  was akin to                                                                    
that. He  noted that many  schools included a  mental health                                                                    
section in health class. He did  not see any problem and had                                                                    
not  heard any  complaints.  He stated  the  topic had  been                                                                    
included  in his  kids' education  since  the beginning.  He                                                                    
shared that  in elementary  school kids went  to "counselor"                                                                    
to  talk about  things. He  stated the  bill was  not overly                                                                    
prescriptive  and  pertained  to   guidelines.  He  did  not                                                                    
support requiring parental permission or notification.                                                                          
                                                                                                                                
Representative  LeBon  supported  the amendment.  He  stated                                                                    
that the  process would require school  board endorsement of                                                                    
whatever came  out of  the mental  health arena  through the                                                                    
State  Board of  Education. He  stated that  a local  school                                                                    
board  would have  a weigh-in  opportunity. He  believed the                                                                    
concern was whether a program would  come out of the bill or                                                                    
if  there  would  be an  embedded  expectation  or  cultural                                                                    
change  within   each  school  district's   curriculum.  For                                                                    
example,  if a  district chose  to develop  a mental  health                                                                    
class, the amendment would enable parents to opt in or out.                                                                     
                                                                                                                                
9:28:38 AM                                                                                                                    
                                                                                                                                
Representative   Edgmon  opposed   the  amendment   for  two                                                                    
reasons.  He  believed  the   amendment  was  redundant.  He                                                                    
detailed that  state law gave school  districts autonomy and                                                                    
worked  through an  organizational  structure that  included                                                                    
school boards. He stated that  schools could already do this                                                                    
[instruct on  mental health]. Second, if  the amendment went                                                                    
into law,  they would  be picking up  mental health  and not                                                                    
having  the same  application  apply  towards alcohol,  drug                                                                    
abuse,    cardiopulmonary   resuscitation,    early   cancer                                                                    
prevention/detection,   dental    health,   family   health,                                                                    
environmental health, and all of  the rest of the Bree's Law                                                                    
portion.  He stated  the amendment  was highly  prescriptive                                                                    
and unnecessary.                                                                                                                
                                                                                                                                
Co-Chair Merrick  asked if the  bill sponsor was  aware that                                                                    
the concept was included the companion bill, SB 80.                                                                             
                                                                                                                                
Representative Claman  answered that  he believed  there may                                                                    
be parts of  the language included in SB 80,  but he did not                                                                    
believe it was identical.                                                                                                       
                                                                                                                                
Representative    Wool    referenced    a    statement    by                                                                    
Representative LeBon that  a class may be  offered in mental                                                                    
health.  He  remarked that  there  was  already a  class  on                                                                    
psychology  offered  in high  school  and  likely in  junior                                                                    
high.  He pointed  out  the class  included  the subject  of                                                                    
mental health.  He had  not seen a  permission slip  for the                                                                    
class. He  stated that  the bill  merely pertained  to basic                                                                    
knowledge and  talking about the  subject of  mental health.                                                                    
He stated  that no one  was advocating for  therapy sessions                                                                    
or  anything in  that realm.  He underscored  the bill  only                                                                    
pertained  to  guidance  for   districts.  He  believed  the                                                                    
amendment was far too prescriptive.                                                                                             
                                                                                                                                
Representative LeBon  responded that psychology had  been an                                                                    
elective  in  the  Fairbanks School  District  when  he  had                                                                    
served on  the school board.  He countered that in  a sense,                                                                    
parents did have a say  whether their child took the course.                                                                    
He asked what  the harm would be in  allowing parental input                                                                    
one way or  the other for psychology or  other mental health                                                                    
course.                                                                                                                         
                                                                                                                                
Representative Wool  suggested that  perhaps the  child that                                                                    
needed to  hear about  mental health had  a family  that did                                                                    
not want them to hear about  the topic and perhaps the child                                                                    
needed  the  mental health  education  portion.  He was  not                                                                    
trying to subvert parental intent,  but he emphasized mental                                                                    
health was  a very  important issue  in school.  He remarked                                                                    
that some kids  were hiding their mental  health illness and                                                                    
teen suicide  was extremely high.  He pointed out  that many                                                                    
times the  parent of a  child who had committed  suicide did                                                                    
not know  anything had  been going on  with their  child. He                                                                    
believed  mental  health  was   an  important  component  of                                                                    
overall holistic health.                                                                                                        
                                                                                                                                
9:32:05 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Ortiz  underscored  that the  bill  provided  an                                                                    
option for  districts to adopt guidelines.  He believed that                                                                    
prior to  a local board  adopting any kind of  mental health                                                                    
program, there was  plenty of opportunity for  the public to                                                                    
provide  input and  express concerns.  He stated  the school                                                                    
system in Alaska  was based on local control.  He thought it                                                                    
was  likely  the  case  in   many  places  in  the  U.S.  He                                                                    
emphasized   the  amendment   allowed  government   to  tell                                                                    
districts  what  to  do  and took  away  local  control.  He                                                                    
stressed it was not in the  spirit of the basic principle of                                                                    
local control.                                                                                                                  
                                                                                                                                
Representative  Claman did  not  support  the amendment.  He                                                                    
explained that  the entire  point of  the guidelines  was to                                                                    
not  force  them  on  any   district.  He  stated  that  the                                                                    
amendment  took  away  from local  control  and  created  an                                                                    
unfunded mandate.  He encouraged  committee members  to vote                                                                    
against the amendment.                                                                                                          
                                                                                                                                
Co-Chair  Merrick  asked  for  verification  that  the  idea                                                                    
included  in the  amendment could  be adopted  by the  local                                                                    
school board or school district at their discretion.                                                                            
                                                                                                                                
Representative Claman replied affirmatively.                                                                                    
                                                                                                                                
Representative Johnson provided wrap  up on Amendment 1. She                                                                    
did  not find  providing  a parental  opt-out  to be  overly                                                                    
prescriptive. She  believed it  was the  right thing  to do.                                                                    
She referenced  a prior example  used by a  committee member                                                                    
where a child  had mental health issues they  were hiding or                                                                    
were not talking  to parents. She asked about  kids who were                                                                    
already in therapy or psychiatric  treatment and the parents                                                                    
were  involved.  She considered  what  would  happen if  the                                                                    
child also received mental health  curriculum in school that                                                                    
their parents  were unaware  of. She  stated there  could be                                                                    
conflicting  issues and  advice.  She believed  it could  be                                                                    
dangerous and  she had concerns  about the  possibility. She                                                                    
did not see how the  amendment would be an unfunded mandate.                                                                    
She  agreed  it was  important  to  think about  mental  and                                                                    
physical health.  She stated  that the  bill was  wide open.                                                                    
She noted there  had been a lot of  discussion about suicide                                                                    
prevention, which  made sense, but  it was not  specified in                                                                    
the  bill. She  noted that  the bill  did not  refer to  the                                                                    
diagnostic manual or specify what  mental health would mean.                                                                    
She believed parents should be involved.                                                                                        
                                                                                                                                
9:35:40 AM                                                                                                                    
                                                                                                                                
Representative Josephson MAINTAINED his OBJECTION.                                                                              
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Rasmussen, Johnson, LeBon                                                                                             
OPPOSED: Ortiz, Wool, Edgmon, Josephson, Merrick, Foster                                                                        
                                                                                                                                
Representative Thompson was absent from the vote.                                                                               
                                                                                                                                
The MOTION to adopt Amendment 1 FAILED (3/6).                                                                                   
                                                                                                                                
9:36:37 AM                                                                                                                    
                                                                                                                                
Representative  Johnson  MOVED  to ADOPT  Amendment  2,  32-                                                                    
LS0261\B.18 (Marx, 3/4/22) (copy on file):                                                                                      
                                                                                                                                
     Page 1, lines 7 - 8:                                                                                                       
     Delete  "Department  of  Health  and  Social  Services,                                                                    
     regional     tribal    health     organizations,    and                                                                    
     representatives  of national  and  state mental  health                                                                    
     organizations"                                                                                                             
     Insert "Statewide Suicide Prevention Council"                                                                              
     Page 2, lines 6 - 8:                                                                                                       
     Delete  "Department  of  Health  and  Social  Services,                                                                    
     regional     tribal    health     organizations,    and                                                                    
     representatives  of national  and  state mental  health                                                                    
     organizations"                                                                                                             
     Insert "Statewide Suicide Prevention Council"                                                                              
                                                                                                                                
Representative Josephson OBJECTED.                                                                                              
                                                                                                                                
Representative  Johnson explained  that the  amendment would                                                                    
remove the  Department of Health and  Social Services (DHSS)                                                                    
and other organizations  from page 2, lines 6  through 8 and                                                                    
inserted  the  Statewide  Suicide  Prevention  Council.  She                                                                    
stated the  committee had  heard a  lot of  public testimony                                                                    
about suicide  and mental  health issues,  but the  bill did                                                                    
not include the Statewide  Suicide Prevention Council, which                                                                    
she believed should  be the top entity  listed. She believed                                                                    
it made more sense for the  council to be the primary source                                                                    
working  with   other  entities.  She  explained   that  the                                                                    
organization already  worked with state  departments, tribal                                                                    
and other health organizations, and local communities.                                                                          
                                                                                                                                
Representative Johnson  stated the  amendment was  not about                                                                    
excluding  anyone.   She  relayed   that  the   council  was                                                                    
established  in  2001  by   statute.  The  council's  duties                                                                    
included  community education,  informing  and advising  the                                                                    
governor and  legislature, working with the  state and local                                                                    
governments,  schools,  and  Native communities  on  overall                                                                    
wellness. She  stated that members  of the  council included                                                                    
representatives  from  the  Alaska  Federation  of  Natives,                                                                    
DHSS, a  survivor, youth, legislators, Alaska  Mental Health                                                                    
Trust  Authority, and  the military.  She  noted there  were                                                                    
also  public seats.  She thought  oversight  by the  council                                                                    
made much  more sense.  She added  that while  the council's                                                                    
name  focused  on  suicide, its  mission  was  holistic  and                                                                    
included wellness.                                                                                                              
                                                                                                                                
9:37:48 AM                                                                                                                    
                                                                                                                                
Representative  Edgmon  believed  that  as  with  the  first                                                                    
amendment,  Amendment  2  was  well  intended;  however,  he                                                                    
believed it  constituted overlap.  He looked at  language in                                                                    
the   bill  under   the  legislative   intent  section   for                                                                    
consultation    with    DHSS,   regional    tribal    health                                                                    
organizations,  and representatives  of  national and  state                                                                    
mental  health  organizations.  He  believed  the  Statewide                                                                    
Suicide Prevention  Council fit under the  category of state                                                                    
mental health  organizations. He explained that  listing out                                                                    
specific entities  got into a situation  under the statutory                                                                    
construct  where  every  single  thing  included  should  be                                                                    
itemized. He stated  it was overly prescriptive.  He did not                                                                    
support the amendment.                                                                                                          
                                                                                                                                
Representative  Wool  did  not  support  the  amendment.  He                                                                    
agreed  with   Representative  Edgmon  that   the  Statewide                                                                    
Suicide Prevention  Council fit under the  category of state                                                                    
mental health organizations. He  thought it was advisable to                                                                    
cast  the net  as wide  as possible.  He stated  suicide was                                                                    
definitely  a problem,  but there  were other  mental health                                                                    
issues  as  well. He  listed  other  examples such  as  body                                                                    
image, addiction, substance abuse,  and anxiety. He believed                                                                    
narrowing  the bill  to suicide  was too  narrow and  overly                                                                    
prescriptive.                                                                                                                   
                                                                                                                                
Representative  Claman did  not  support  the amendment.  He                                                                    
recognized that suicide  was a state and  national issue. He                                                                    
would  not want  anyone with  a  mental health  issue to  be                                                                    
suicidal.  He believed  the  amendment  narrowed the  bill's                                                                    
focus. He agreed  with the past two  speakers that Statewide                                                                    
Suicide Prevention  Council fit under the  category of state                                                                    
mental health organizations that could participate.                                                                             
                                                                                                                                
Representative Josephson MAINTAINED his OBJECTION.                                                                              
                                                                                                                                
Representative Johnson  provided wrap  up. She  continued to                                                                    
have  concerns about  the erosion  of  parental rights.  She                                                                    
liked the  idea of including sideboards  on the legislation.                                                                    
She  noted  that  suicide  prevention  dealt  with  wellness                                                                    
across a  spectrum. She  stated that  the amendment  was not                                                                    
prescriptive and  recognized one of the  largest problems in                                                                    
Alaska.  She  emphasized the  problem  was  not getting  any                                                                    
better.                                                                                                                         
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Johnson, LeBon, Rasmussen                                                                                             
OPPOSED: Edgmon, Josephson, Ortiz, Wool, Merrick, Foster                                                                        
                                                                                                                                
Representative Thompson was absent from the vote.                                                                               
                                                                                                                                
The MOTION to adopt Amendment 2 FAILED (3/6).                                                                                   
                                                                                                                                
9:41:35 AM                                                                                                                    
                                                                                                                                
Representative  LeBon  MOVED  to   ADOPT  Amendment  3,  32-                                                                    
LS0261\B.13 (Marx, 2/26/22) (copy on file):                                                                                     
                                                                                                                                
     Page 2, line 8, following "organizations.":                                                                                
     Insert "The guidelines must  provide that an instructor                                                                    
     who  is not  a mental  health professional  may provide                                                                    
     only information  within the  guidelines, and  that the                                                                    
     instructor  must,   before  providing   instruction  in                                                                    
     mental  health,  provide  a verbal  disclaimer  stating                                                                    
     that   the   instructor   is  not   a   mental   health                                                                    
     professional  and may  provide only  information within                                                                    
     the  guidelines   for  instruction  in   mental  health                                                                    
     established by the state board." 7                                                                                         
     Page 2, line 17, following "provided.":                                                                                    
     Insert    "In   this    subsection,   "mental    health                                                                    
     professional" has the meaning given in AS 47.30.915."                                                                      
                                                                                                                                
Vice-Chair Ortiz OBJECTED.                                                                                                      
                                                                                                                                
Representative   LeBon  explained   the  amendment   applied                                                                    
whether  mental  health became  a  program  within a  school                                                                    
district or was simply  embedded into the health curriculum.                                                                    
The amendment  proposed that prior to  instruction on mental                                                                    
health,  an educator  would  be required  to  read a  verbal                                                                    
disclaimer that they were not  a mental health professional,                                                                    
and they  may only  provide information with  the guidelines                                                                    
for instruction  on mental health  established by  the state                                                                    
board.  He included  the  local board  of  education in  the                                                                    
description as  well. He believed  the change  was necessary                                                                    
because it  acknowledges the complexity of  mental health as                                                                    
a  topic.  He  detailed   that  licensed  mental  healthcare                                                                    
providers  had years  of education  requiring a  master's or                                                                    
doctorate degree  and thousands  of hours of  internship and                                                                    
training.  He  stated  that  scope  of  practice  was  about                                                                    
staying in one's  lane of expertise. He did not  feel it was                                                                    
the intent  of the bill  to place a  teacher in a  role that                                                                    
was outside  of their lane.  The amendment would  remind the                                                                    
teacher  and students  of the  limited intention  to provide                                                                    
mental health information in classrooms.                                                                                        
                                                                                                                                
Representative Josephson opposed  the amendment. He believed                                                                    
the amendment would  lead to a stilted  class atmosphere. He                                                                    
shared that his wife is a  second grade teacher and she told                                                                    
him often  that her seven-year-old students  were reflecting                                                                    
some  struggles  with  mental health,  mostly  through  self                                                                    
esteem concerns  and lack of  feeling of personal  worth. He                                                                    
thought requiring a  teacher to tell a  class of seven-year-                                                                    
olds that  they were  not a  mental health  professional was                                                                    
beyond awkward  and seemed to  prevent a  conversation about                                                                    
how to  handle sadness or loss  into story time. He  did not                                                                    
believe the amendment was necessary.                                                                                            
                                                                                                                                
9:44:22 AM                                                                                                                    
                                                                                                                                
Representative  Edgmon  stated   his  understanding  that  a                                                                    
school board could already do  what the amendment called for                                                                    
at  the local  level. He  struggled with  the fact  that the                                                                    
amendment would  apply higher standards to  one component of                                                                    
AS  14.30.360   (a).  He  highlighted  child   abuse,  child                                                                    
abduction,  neglect,  sexual  abuse, domestic  violence  and                                                                    
stated  the  items  were  not in  law  under  the  standards                                                                    
included in the  amendment. He stated the  amendment did not                                                                    
meet the disparity test for him. He opposed the amendment.                                                                      
                                                                                                                                
Representative  Wool opposed  the amendment.  He highlighted                                                                    
that during  public testimony, a teacher  had said something                                                                    
akin  to   what  Representative  Josephson  had   said.  The                                                                    
testifier  had discussed  that teachers  and students  had a                                                                    
mentor/mentee  relationship and  often a  student went  to a                                                                    
teacher to  talk about "whatever."  He stated  that teachers                                                                    
did not  provide disclaimers they  could not  provide advice                                                                    
because   they  were   not   healthcare  professionals.   He                                                                    
clarified  he  did  not think  teachers  were  doing  mental                                                                    
health  therapy  sessions.  He  believed  the  idea  further                                                                    
stigmatized mental health, which he did not support.                                                                            
                                                                                                                                
Representative  Claman did  not  support  the amendment.  He                                                                    
pointed out that the amendment  took authority away from the                                                                    
local board. He explained if  a local board chose to include                                                                    
mental and  physical health aspects in  a curriculum adopted                                                                    
through a  robust public process  that were not part  of the                                                                    
guidelines, the  amendment would not allow  the districts to                                                                    
teach  the items.  Under the  amendment, districts  would be                                                                    
limited to  the guidelines  adopted by  the state  board. He                                                                    
pointed out  that that  the document  for the  current board                                                                    
guidelines   for  health   was   only   two  pages   without                                                                    
substantial  detail. He  expected some  school districts  to                                                                    
have a much  more robust program. He  believed the amendment                                                                    
would limit the local authority he was aiming to encourage.                                                                     
                                                                                                                                
9:47:34 AM                                                                                                                    
                                                                                                                                
Representative LeBon  provided wrap up on  the amendment. He                                                                    
stated that each of the 53  school boards in the state would                                                                    
have to  interpret the guidelines  as they  saw appropriate.                                                                    
He agreed  there would be  parental input  and a vote  up or                                                                    
down by a  school board. He referenced a  comment made about                                                                    
a   seven-year-old   showing   mental  health   issues.   He                                                                    
considered whether  the child could  be having a bad  day or                                                                    
something wrong  at home.  He did not  know how  a classroom                                                                    
teacher  would  know which  was  the  case.  He asked  if  a                                                                    
classroom teacher  would be motivated  to write a  note home                                                                    
to share  they were  observing some disturbing  behavior and                                                                    
suggest  the  parent  may  want  to  seek  a  mental  health                                                                    
professional to  talk with  the child.  He stated,  "I don't                                                                    
know if  that is what  we want to  have happen." He  was not                                                                    
intending to  downplay the importance  of mental  health. He                                                                    
merely wanted to ensure there  were reasonable sideboards in                                                                    
the  legislation  and  that   classroom  teachers  were  not                                                                    
expected  to become  mental health  professionals overnight;                                                                    
the process  to obtaining the skills  included education and                                                                    
experience.                                                                                                                     
                                                                                                                                
Vice-Chair Ortiz MAINTAINED his OBJECTION.                                                                                      
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Rasmussen, Johnson, LeBon                                                                                             
OPPOSED: Wool, Edgmon, Josephson, Ortiz, Merrick, Foster                                                                        
                                                                                                                                
Representative Thompson was absent from the vote.                                                                               
                                                                                                                                
The MOTION to adopt Amendment 3 FAILED (3/6).                                                                                   
                                                                                                                                
9:49:55 AM                                                                                                                    
                                                                                                                                
Representative   Rasmussen   WITHDREW   Amendment   4,   32-                                                                    
LS0261\B.12 (Marx, 2/11/22) (copy on file).                                                                                     
                                                                                                                                
9:50:12 AM                                                                                                                    
                                                                                                                                
Representative Edgmon MOVED to ADOPT Amendment 5, 32-                                                                           
LS0261\B.15 (Marx, 2/22/22) (copy on file):                                                                                     
                                                                                                                                
     Page 2, following line 17:                                                                                                 
     Insert a new bill section to read:                                                                                         
     "* Sec.  4. The uncodified  law of the State  of Alaska                                                                    
     is amended by adding a new section to read:                                                                                
     REPORT  TO   THE  LEGISLATURE.  Two  years   after  the                                                                    
     effective  date  of  this  Act,   the  state  Board  of                                                                    
     Education and  Early Development shall submit  a report                                                                    
     to the senate secretary                                                                                                    
     and  chief clerk  of the  house of  representatives and                                                                    
     notify the  legislature that  the report  is available.                                                                    
     The report must                                                                                                            
     (1)   include   a   copy    of   the   guidelines   for                                                                    
     developmentally   appropriate  instruction   in  mental                                                                    
     health developed  by the state  Board of  Education and                                                                    
     Early  Development as  required under  AS 14.30.360(b),                                                                    
     as amended by sec. 3 of this Act; and                                                                                      
     (2) describe  the process the state  Board of Education                                                                    
     and Early Development used to develop the guidelines."                                                                     
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
9:50:22 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:50:55 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative Edgmon deferred to the sponsor to explain                                                                        
the amendment.                                                                                                                  
                                                                                                                                
Representative   Claman   explained   the   amendment.   The                                                                    
amendment called for  a report to the  legislature after the                                                                    
two-year  process  establishing   the  guidelines  had  been                                                                    
completed by  the State Board  of Education. The  purpose of                                                                    
the amendment was to make  certain the legislature was aware                                                                    
of the adopted guidelines.                                                                                                      
                                                                                                                                
Co-Chair Merrick WITHDREW her OBJECTION.                                                                                        
                                                                                                                                
There being NO further OBJECTION, Amendment 5 was ADOPTED.                                                                      
                                                                                                                                
9:51:58 AM                                                                                                                    
                                                                                                                                
Representative  Edgmon  MOVED  to  ADOPT  Amendment  6,  32-                                                                    
LS0261\B.14 (Marx, 2/22/22) (copy on file):                                                                                     
                                                                                                                                
     Page 1, line 15, following "health,":                                                                                      
     Insert "physical health,"                                                                                                  
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Edgmon asked the  bill sponsor to explain the                                                                    
amendment.                                                                                                                      
                                                                                                                                
Representative Claman  explained that  the amendment  was in                                                                    
response  to debate  in the  House  Finance Committee  about                                                                    
whether  physical health  was also  included because  it was                                                                    
not  specifically   stated  in   the  bill.   The  amendment                                                                    
clarified  that the  guidelines would  address physical  and                                                                    
mental health.                                                                                                                  
                                                                                                                                
Co-Chair Merrick WITHDREW her OBJECTION.                                                                                        
                                                                                                                                
There being NO further OBJECTION, Amendment 6 was ADOPTED.                                                                      
                                                                                                                                
9:52:43 AM                                                                                                                    
                                                                                                                                
Representative  Edgmon  MOVED  to  ADOPT  Amendment  7,  32-                                                                    
LS0261\B.19 (Klein/Marx, 3/25/22) (copy on file):                                                                               
                                                                                                                                
     Page 1, line 1, following "education":                                                                                     
     Insert "; and providing for an effective date" 3                                                                           
     Page 1, line 7:                                                                                                            
     Delete "and Social"                                                                                                        
    Insert ", the Department of Family and Community" 7                                                                         
     Page 2, line 7:                                                                                                            
     Delete "and Social"                                                                                                        
     Insert ", the Department of Family and Community" 11                                                                       
     Page 2, line 11:                                                                                                           
     Delete "and Social Services,"                                                                                              
     Insert ", the Department of Family and Community [AND                                                                      
     SOCIAL]" 15                                                                                                                
     Page 2, following line 22:                                                                                                 
     Insert a new bill section to read:                                                                                         
     "* Sec. 5. This Act takes effect July 1, 2022."                                                                            
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative  Edgmon  deferred  to  the  bill  sponsor  to                                                                    
explain the amendment.                                                                                                          
                                                                                                                                
Representative Claman explained  the amendment addressed the                                                                    
changes in structure by Executive  Order 121 that split DHSS                                                                    
into the Department  of Health and the  Department of Family                                                                    
and  Community Services.  He relayed  that both  departments                                                                    
would be  included in the  list of parties  participating in                                                                    
the guidelines.                                                                                                                 
                                                                                                                                
Co-Chair Merrick WITHDREW her OBJECTION.                                                                                        
                                                                                                                                
There being NO further OBJECTION, Amendment 7 was ADOPTED.                                                                      
                                                                                                                                
9:53:36 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:54:29 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Merrick closed the amendment process.                                                                                  
                                                                                                                                
HB  60  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair  Merrick reviewed  the schedule  for the  afternoon                                                                    
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
9:55:05 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:55 a.m.