Legislature(2019 - 2020)DAVIS 106
03/12/2020 03:00 PM House HEALTH & SOCIAL SERVICES
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.
| Audio | Topic |
|---|---|
| Start | |
| HB305 | |
| Confirmation Hearing(s):|| Alaska Mental Health Trust Authority Board of Trustees | |
| State Medical Board | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 305 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 12, 2020
3:07 p.m.
MEMBERS PRESENT
Representative Tiffany Zulkosky, Chair
Representative Ivy Spohnholz, Vice Chair
Representative Matt Claman
Representative Harriet Drummond (via teleconference)
Representative Geran Tarr
Representative Sharon Jackson
Representative Lance Pruitt
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 305
"An Act relating to the persons required to report child abuse
or neglect or a threat of harm to a child; and providing for an
effective date."
- HEARD & HELD
CONFIRMATION HEARING(S):
Alaska Mental Health Trust Authority Board of Trustees
Anita Halterman - Eagle River
Rhonda Boyles - Anchorage/Fairbanks
- HEARD
State Medical Board
David Boswell - Fairbanks
- HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 305
SHORT TITLE: MANDATORY REPORTERS TO OCS; JUDGES
SPONSOR(s): HEALTH & SOCIAL SERVICES
03/04/20 (H) READ THE FIRST TIME - REFERRALS
03/04/20 (H) HSS, JUD
03/12/20 (H) HSS AT 3:00 PM DAVIS 106
WITNESS REGISTER
KATY GIORGIO, Staff
Representative Tiffany Zulkosky
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented a sectional analysis of HB 305 on
behalf of the bill sponsor, the House Health and Social Services
Standing Committee, with the use of a PowerPoint presentation.
GAYLE GARRIGUES
Children's Justice Act (CJA) Task Force
Fairbanks, Alaska
POSITION STATEMENT: Testified during hearing on HB 305.
PAM KARALUNAS
Children's Justice Act (CJA) Task Force
Anchorage, Alaska
POSITION STATEMENT: Testified and answered questions during the
hearing on HB 305.
CHRISSY VOGELEY, Community Relations Manager
Central Office
Office of Children's Services (OCS)
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
hearing on HB 305.
ANITA HALTERMAN, Appointee
Alaska Mental Health Trust Authority (AMHTA) Board of Trustees
Eagle River, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Mental
Health Trust Authority Board of Trustees.
RHONDA BOYLES, Appointee
Alaska Mental Health Trust Authority Board of Trustees
Anchorage/Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Mental
Health Trust Authority Board of Trustees.
CHARLES McKEE
Anchorage, Alaska
POSITION STATEMENT: Testified during the Alaska Mental Health
Trust Authority (AMHTA) Board of Trustees confirmation hearing.
DAVID BOSWELL, Appointee
State Medical Board
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the State Medical
Board.
ACTION NARRATIVE
3:07:08 PM
CHAIR TIFFANY ZULKOSKY called the House Health and Social
Services Standing Committee meeting to order at 3:07 p.m.
Representatives Zulkosky, Spohnholz, Claman, Tarr, and Jackson
were present at the call to order. Representatives Pruitt and
Drummond joined (via teleconference) as the meeting was in
progress.
HB 305-MANDATORY REPORTERS TO OCS; JUDGES
3:07:54 PM
CHAIR ZULKOSKY announced that the first order of business would
be HOUSE BILL NO. 305, "An Act relating to the persons required
to report child abuse or neglect or a threat of harm to a child;
and providing for an effective date."
3:08:19 PM
The committee took a brief at-ease.
[Chair Zulkosky passed the gavel to Vice Chair Spohnholz.]
3:09:13 PM
REPRESENTATIVE ZULKOSKY introduced HB 305 on behalf of the bill
sponsor, the House Health and Social Services (HHSS) Standing
Committee. She reminded the committee of the presentation at
the 2/13/20 [HHSS Standing Committee] meeting, entitled "Alaska
Children's Justice Act Task Force," by task force members Pam
Karalunas, Gayle Garrigues, and Mike Hopper, PhD, giving a 2020
update on child abuse in Alaska. She relayed that the
Children's Justice Act (CJA) Task Force is federally mandated
and funded; the CJA Task Force identifies areas needing
improvement in the statewide response to child maltreatment -
particularly child sexual abuse - and makes recommendations for
actions that the state can take to improve the system. She
referred to the CJA Task Force's recommendations during the
presentation; one recommendation focused on closing gaps in
mandatory reporters individuals who must report suspected
cases of child abuse which will offer earlier interventions to
protect Alaska's children. She stated that by the end of the
2/13/20 committee meeting, there was broad consensus among all
committee members to join the CJA Task Force in championing
Alaska's children and families. She offered that HB 305 is
aligned with the recommendations made to the committee in the
2/13/20 hearing.
3:11:31 PM
KATY GIORGIO, Staff, Representative Tiffany Zulkosky, Alaska
State Legislature, on behalf of the HHSS Standing Committee,
sponsor of HB 305, directed the committee's attention to slide
1, entitled "Section 1. Reporting of Imminent Threat to Child,"
which read:
Section 1. AS 22.35 is amended by adding a new section
to read: Sec. 22.35.040. Reporting of imminent threat
to child. "A judge of the superior court or district
court shall immediately report to the nearest office
of a law enforcement agency of the state a threat of
imminent harm to a child if the judge has reasonable
case to suspect that there is a threat that imminent
harm will occur to a child between the time the judge
issues a protective order under AS 18.65.850
18.65.870 or AS 18.66.100- 18.66.180 and the time the
protective order is served."
This section may be problematic (redundant) as the
issuance of a protective order is, in and of itself, a
report to law enforcement that there exists a threat
of harm.
There have been recent conversations between
representatives of the Alaska Court System, law
enforcement, and OCS regarding possible administrative
fixes to address gaps related to domestic violence
protective orders.
MS. GIORGIO explained the administrative fixes would consist of
a series of "red flags" for a judge, such as the perpetrator
mentioning weapons or harming a person. She offered that in a
subsequent version of the proposed legislation, Section 1 may be
removed.
3:13:01 PM
MS. GIORGIO moved on to slide 2, which read:
AS 47.17.020 CHILD PROTECTION/
PERSONS REQUIRED TO REPORT
PERSONS WHO, IN THE PERFORMANCE OF THEIR OCCUPATIONAL
OR APPOINTED DUTIES, WHO HAVE REASONABLE CAUSE TO
SUSPECT THAT A CHILD HAS SUFFERED HARM AS A RESULT OF
CHILD ABUSE OR NEGLECT, SHALL IMMEDIATELY REPORT THE
HARM TO THE OFFICE OF CHILD SERVICES.
AS 47.17.020 CHILD PROTECTION/ PERSONS REQUIRED TO
REPORT HB 305 AMENDS SECTION 2 TO REPLACE THE LANGUAGE
"OCCUPATIONAL DUTIES" AND "APPOINTED DUTIES" TO READ:
(A) THE FOLLOWING PERSONS WHO, IN THE PERFORMANCE OF
THE DUTIES ASSOCIATED WITH A POSITION LISTED IN THIS
SUBSECTION?
MS. GIORGIO explained that Section 2 of HB 305 would reword AS
47.17.020(a) for clarification.
3:13:29 PM
MS. GIORGIO turned to slide 3, entitled "Current List of
Mandatory Reporters, which read:
square4 (1) practitioners of the healing arts
square4 (2) school teachers and school administrative
staff members of public and private schools
square4 (3) peace officers and officers of the Department
of Corrections
square4 (4) administrative officers of institutions
square4 (5) childcare providers
square4 (6) paid employees of domestic violence and
sexual assault programs, and crisis intervention
and prevention programs
square4 (7) paid employees of an organization that
provides counseling or treatment to individuals
seeking to control their use of drugs or alcohol
square4 (8) members of a child fatality review team
established under AS 12.65.015(e) or 12.65.120 or
the multidisciplinary child protection team
created under AS 47.14.300
square4 (9) volunteers who interact with children in a
public or private school 20 for more than four
hours a week
MS. GIORGIO relayed that the essence of the proposed legislation
is the addition of categories of mandatory reporters. She
referred to slide 4, entitled ection 2 Proposed Additions to
Mandatory Reporters," which read:
square4 (10) priests, ministers, and other individuals
who are ordained, anointed, or appointed to
perform religious duties
square4 (11) individuals who work at public and private
animal shelters, whether as paid employees or
volunteers
square4 (12) individuals who are employees of or
volunteers with a fire department of a
municipality, including firefighters and
emergency medical technicians
square4 (13) individuals appointed by a court to act as
guardians ad litem for children.
3:14:19 PM
MS. GIORGIO moved on to slide 5, entitled "Potential
Alignment/Language Clean-up with Mandatory Reporters of
Vulnerable Adult Abuse," which read in part:
VULNERABLE ADULTS (AS 47.24.010)
square4 (1) a physician or other licensed health care
provider
square4 (2) a mental health professional as defined in AS
47.30.915 and including a marital and family
therapist licensed
square4 (5) a guardian or conservator
square4 (6) a police officer
square4 (7) a village public safety officer
square4 (8) a village health aid
square4 (9) a social worker
square4 (10) a member of the clergy
square4 (11) a staff employee of a project funded by the
Department of Administration for the provision of
services to older Alaskans, the Department of
Health and Social Services, or the Council on
Domestic Violence and Sexual Assault
square4 (13) an emergency medical technician or a mobile
intensive care paramedic
MS. GIORGIO pointed out that mandatory reporting for abuse
of vulnerable adults - or elder abuse - is also in statute.
She offered that after comparing the two sets of statutes,
she recognized an opportunity to align the definitions and
make improvements to statutory language. She gave an
example: (6) a police officer and (7) a village public
safety officer under the vulnerable adult mandatory
reporters could be combined into one, like (3) peace
officers and officer of the Department of Corrections under
the child protection mandatory reporters.
3:15:28 PM
REPRESENTATIVE ZULKOSKY pointed out that "a member of the
clergy" is listed under the mandatory reporters for vulnerable
adults but not under child protection mandatory reporters and
reiterated there is opportunity for alignment of the two lists.
She mentioned a forthcoming committee substitute (CS) for HB
305.
3:16:07 PM
REPRESENTATIVE PRUITT asked what the difference was between the
two categories of mandatory reporters - "a member of the clergy"
under vulnerable adults [AS 47.24.010] and the proposed
mandatory reporter category for child protection under HB 305 -
"priests, ministers, and other individuals who are ordained,
anointed, or appointed to perform religious duties".
MS. GIORGIO responded by referring to slide 6, entitled
"Additional Language Fixes & Classes," which read in part:
CLERGY
(10) priests, ministers, and other individuals who are
ordained, anointed, or appointed to perform religious
duties
replace with:
(10) Clergy members, including priests; rabbis; duly
ordained, commissioned, or licensed ministers of a
church; members of religious orders; or recognized
leaders of any religious bodies
Language is more inclusive of all types of clergy
MS. GIORGIO stated that she researched statutes from other
states to draft language that was more inclusive than that in HB
305; in other words, if someone is serving in the capacity of a
clergy member, regardless of the religion, he/she would be
included in the category.
REPRESENTATIVE PRUITT agreed with the importance of clearly
defining the category.
3:19:10 PM
MS. GIORGIO referred to the second part of slide 6, which read:
ANIMAL SHELTER WORKERS / VETERINARIANS
(11) individuals who work at public and private animal
shelters, whether as paid employees or volunteers
replace with:
(11) individuals who work at public and private animal
shelters and veterinarian clinics, whether as paid
employees or volunteers
To include veterinary workers that may also see abused
animals
3:19:35 PM
REPRESENTATIVE CLAMAN brought up the consideration for internal
consistency in Alaska Statutes and mentioned statutes regarding
people who perform marriages in Alaska. He asked whether mental
health professionals, social workers, and village health aides
are practitioners of the healing arts under AS 47.17.020(a)(1).
He expressed the importance of consulting veterinarians before
adding them to the categories of mandatory reporters. He asked,
"How far are we going on some of these?"
3:21:44 PM
REPRESENTATIVE ZULKOSKY stated that the intention behind
introducing HB 305 was to create a starting point for committee
conversation on the issue. She reiterated that there would be a
forthcoming CS to address additional concerns. She mentioned
that her staff has performed outreach to the veterinary
community regarding HB 305.
3:22:30 PM
MS. GIORGIO stated that she sent the first draft of HB 305 to
members of the veterinarian community, and they expressed
concerns. One concern was training of volunteer staff. She
said that she very much believes in stakeholder engagement and
will ensure that the groups representing the new categories of
mandatory reporters are engaged and their points of view
considered. She referred to the full list of statutory
definition comparisons in the committee packet indicating
definition crossovers and opportunities to align definitions and
categories.
3:23:54 PM
VICE CHAIR SPOHNHOLZ asked whether "practitioners of the healing
arts" was defined in statute.
MS. GIORGIO referred to a legal memo listing the categories
included under practitioners of the healing arts, and the
category includes physicians. She stated that the term is
vague, she is not fond of it, but the list helps to define it.
VICE CHAIR SPOHNHOLZ expressed the need for more specificity as
she did not readily recognize a physician as being in that
category.
REPRESENTATIVE ZULKOSKY agreed and mentioned that when she hears
"healing arts" she thinks of massage therapists, not medically
licensed professionals.
3:25:42 PM
MS. GIORGIO relayed that several more categories are being
considered to add to the list - probation and parole officers,
unpaid childcare volunteers, and substitute teachers.
3:26:31 PM
GAYLE GARRIGUES, Children's Justice Act (CJA) Task Force,
offered her support for HB 305 on behalf of the CJA Task Force.
She stated that there is a detailed definition under AS
47.17.290(14), which read:
"practitioner of the healing arts" includes athletic
trainers, chiropractors, mental health counselors,
social workers, dental hygienists, dentists, health
aides, nurses, nurse practitioners, certified nurse
aides, occupational therapists, occupational therapy
assistants, optometrists, osteopaths, naturopaths,
physical therapists, physical therapy assistants,
physicians, physician's assistants, psychiatrists,
psychologists, psychological associates, audiologists
and speech-language pathologists licensed under AS
08.11, hearing aid dealers licensed under AS 08.55,
marital and family therapists licensed under AS 08.63,
behavior analysts, assistant behavior analysts,
religious healing practitioners, acupuncturists, and
surgeons;
MS. GARRIGUES described the process whereby a mandatory reporter
reports that a child has been injured due to abuse or neglect:
the reporter calls the 1-800 number for the Office of Childrens
Services (OCS) [Department of Health and Social Services
(DHSS)]; the reporter answers questions from a protective
services specialist; the reporter's name does not have to be
disclosed, but if it is, it is kept confidential; the specialist
checks the Online Resource for the Children of Alaska (ORCA) for
prior reports; the case is screened and a determination made as
to whether it should be pursued. For a case that warrants
further investigation, it is referred to the initial assessment
and investigation unit; an investigation is performed; and a
determination is made as to whether the abuse or neglect is
substantiated and whether the court system needs to be involved.
She explained that what is being asked is that someone with a
reasonable suspicion or concern - a low standard of proof -
report that some harm occurred to a child resulting from child
abuse or neglect.
3:31:19 PM
VICE CHAIR SPOHNHOLZ clarified that from her experience filing
numerous reports, the reporter does not always speak to someone
on the phone. She said that she has never spoken to someone on
the phone but has left detailed messages with her name and phone
number, and sometimes she gets a call back depending on the
action taken. She pointed out that there are several decision
points in the process in which an action could be taken or not
taken.
3:32:27 PM
MS. GARRIGUES offered that her experience is from the court
phase of an action and thanked Representative Spohnholz for her
clarification. She expressed her support for the broad
definition of clergy under HB 305. She reviewed the statutes
that refer to clergy: clergy is not defined under reports of
harm to vulnerable adults [AS 47.24.010(a)(10)]; there is a list
of people who may solemnize a marriage [AS 25.05.261]. She also
mentioned the brief definition of clergy under the [Alaska Court
System] Rules of Evidence, Rule 506(a)(1), which read:
A member of the clergy is a minister, priest, rabbi,
or other similar functionary of a religious
organization, or an individual reasonably believed so
to be by the person consulting the individual.
MS. GARRIGUES added that under the rules, the concept of clergy
is not so broad as to include self-determined, self-denominated
ministers. She said that there is case law regarding
communication with a clergy member who is a counselor and the
distinction between the two.
MS. GARRIGUES offered her concern regarding clergy as protectors
of offenders.
3:37:48 PM
REPRESENTATIVE CLAMAN referred to AS 47.17.290(14) and pointed
out "paramedics" did not appear to be included under the
definition of "practitioner of the healing arts". He reiterated
the importance of including clergy as mandatory reporters of
child abuse and neglect, which had been lacking in statute.
3:40:07 PM
PAM KARALUNAS, Children's Justice Act (CJA) Task Force,
expressed her support for HB 305. She mentioned that Dr. B.J.
Coopes and Dr. Cathy Baldwin-Johnson are both on the CJA Task
Force and both trained emergency medical technicians (EMTs) from
around the state. Some EMTs believed they should report child
abuse and neglect; others did not believe they were mandated to
report because EMTs are not included in statute [as mandatory
reporters]. She said that a child who has witnessed a brutal
crime or trauma has suffered and must be interviewed as a
witness and assessed for needing services. She emphasized that
EMTs have a rare opportunity to assist children early.
MS. KARALUNAS stated that the connection between animal abuse
and child abuse is very well documented. It is not uncommon for
animal abuse to be reported before child abuse; the very first
child abuse case in the country had to be investigated under
prevention of cruelty to animal laws because there were no child
abuse laws. She maintained that people who provide services to
animals need to be included as mandatory reporters, and there is
free online training for that. She mentioned that several
states include animal care providers as mandatory reporters and
some pair social workers with animal control agents when it is
known children are in the home when a report of animal cruelty
is investigated.
MS. KARALUNAS explained a concern of the CJA Task Force relating
to educators. She said that despite educators being statutorily
mandated to directly report to OCS, some educators have
expressed to her that they are required to report their
suspicions of child abuse or neglect to their school principal
who in turn would decide whether a report needed to be made to
OCS. She stated that some school districts were conducting
their own "investigations" before reporting to OCS or law
enforcement. She emphasized that school officials were not
trained investigators and should not be investigating felony
crimes such as child sexual abuse. She stated Ms. Garrigues has
drafted language that the committee may want to review that
addresses this concern.
3:44:53 PM
VICE CHAIR SPOHNHOLZ asked how long the free online training
takes.
MS. KARALUNAS replied that the training is still in development;
it may be about four hours; it is designed to be taken in
sections.
3:45:27 PM
REPRESENTATIVE TARR suggested that the requirement for training
be incorporated into statute and be available on the DHSS
website.
MS. KARALUNAS concurred with both suggestions. She stated the
current training was available on the DHSS website and the new
training - when complete - will be there as well. The goal is
for the new training to be complete no later than November
[2020].
REPRESENTATIVE TARR offered her assistance with drafting
language for the provision.
VICE CHAIR SPOHNHOLZ invited the representative from OCS to
testify.
3:48:53 PM
CHRISSY VOGELEY, Community Relations Manager, Central Office,
Office of Children's Services (OCS), Department of Health and
Social Services (DHSS), confirmed the mandatory reporter
training was available on the OCS website; OCS also distributed
training via flash drives; the training took about one hour and
included many videos; and one could print out a certificate upon
completion. She agreed there is currently no statute requiring
mandatory reporters to provide proof of having completed the
training. She suggested consulting legal experts in drafting
the legislation regarding the requirement of training for
mandatory reporters.
3:50:08 PM
REPRESENTATIVE PRUITT asked what the burden is on the mandatory
reporter to recognize the abuse or neglect and the liability
ramifications of not recognizing it.
MS. VOGELEY said she is not a lawyer and not familiar with the
ramifications of a mandatory reporter not reporting. She
referred to the issues and the question of appropriate
consequences regarding enforcement for mandatory reporters.
REPRESENTATIVE PRUITT expressed his concern that the people who
should be penalized be penalized and not those who have no
experience with detecting child abuse and neglect and
understandably missing it.
3:53:23 PM
REPRESENTATIVE JACKSON said that the proposed legislation was a
good starting point in that it would make the categories of
mandatory reporters aware of their responsibility.
3:55:34 PM
REPRESENTATIVE TARR cited AS 47.17.068, Penalty for failure to
report, which read:
A person who fails to comply with the provisions of AS
47.17.020 [child abuse or neglect] or 47.17.023 [child
pornography] and who knew or should have known that
the circumstances gave rise to the need for a report,
is guilty of a class A misdemeanor.
REPRESENTATIVE TARR pointed out the high standards of knowingly
and willingly failing to report; under those circumstances,
there would likely be physical signs and indisputable evidence
that the child was in harm's way. She offered the goal was to
have "more eyes" to keep children safe, not turn people into
criminals due to non-reporting. She pointed out there was no
civil penalty in statute; the proposed legislation did not
appear to add any undue responsibilities that would get
[potential reporters] in trouble and was meant to be practical.
She maintained requiring a one-hour training was a reasonable
ask and will try to put that in statute.
3:58:00 PM
MS. VOGELEY mentioned the updates to the training were in
response to HB 49 [signed into law 7/8/19]; an earlier version
of HB 49 required an annual mandatory reporter training. She
offered an annual training might have been considered
burdensome; however, for an inexperienced volunteer, annual
training could possibly be considered a positive reinforcement.
She confirmed for Representative Spohnholz the training was not
an annual requirement.
3:59:12 PM
REPRESENTATIVE ZULKOSKY reiterated the intent of the original
draft of the proposed legislation was to provide a narrow fix to
close some of the reporting gaps and to have more "eyes" in the
community to ensure that children were kept safe. She mentioned
her staff would work with committee members on the next version
of HB 305.
VICE CHAIR SPOHNHOLZ commented on the unified support in
committee for reducing child abuse and neglect.
[HB 305 was held over]
4:01:22 PM
The committee took an at-ease from 4:01 p.m. to 4:02 p.m.
[Vice Chair Spohnholz returned the gavel to Chair Zulkosky.]
^CONFIRMATION HEARING(S):
^Alaska Mental Health Trust Authority Board of Trustees
CONFIRMATION HEARING(S):
Alaska Mental Health Trust Authority Board of Trustees
4:02:34 PM
CHAIR ZULKOSKY announced the next order of business would be
confirmation hearings for appointments to the Mental Health
Trust Authority Trust Board of Trustees.
4:02:48 PM
ANITA HALTERMAN, Appointee, Alaska Mental Health Trust Authority
(AMHTA) Board of Trustees, reviewed her work experience - staff
during the Twenty-Ninth Alaska State Legislature, member of the
U.S. Army, seven years as program manager for the Department of
Health and Social Services (DHSS) Division of Senior and
Disabilities Services (SDS), and positions with the Alaska
Department of Public Safety (DPS), the Iowa Department of
Corrections, and the Division of Public Assistance for both Iowa
and Alaska. She stated that she has devoted her life to working
with underserved populations and finds it rewarding to improve
the programs and systems that support them.
MS. HALTERMAN described her self-employment work as a consultant
and independent insurance agent as well as an account executive
for an information technology company. She said positioning
risk management and human resource solutions for businesses has
given her new perspective about health care needs for privately
insured individuals and expanded her understanding of global
workforce issues Alaska faced. She expressed her interest in
using her experiences in helping reform programs in order to
sustain them for the populations who needed them most. She
stated she looked forward to continuing efforts to improve the
lives of AMHTA ("Trust") beneficiaries - working in partnership
with DHSS and other stakeholders to build an integrated,
comprehensive mental health program that better meets the needs
of the beneficiaries.
4:07:31 PM
REPRESENTATIVE SPOHNHOLZ referred to the series of issues that
have been highlighted over the last couple years illustrating
the failure of Alaska's mental health system to meet the needs
of Alaskans who experienced serious mental health issues: the
challenges at the Alaska Psychiatric Institute (API) resulting
in it not being as safe and therapeutic as it should be; the
lack of community-based support; the criminalization of mental
health leading to lawsuits; and the recent decision of Alaska
Superior Court Judge William Morse [to disallow the State of
Alaska from housing psychiatric patients in jail]. She asked
what the Trust should do to address those significant gaps.
MS. HALTERMAN answered first the Trust must examine the issues
that have failed Alaska in the past; the Trust had begun that
effort. She stated she has followed API and had great sympathy
for those affected. She expressed her conviction that the Trust
had an obligation to meet the beneficiaries' needs in a better
way; it needed to listen to the advocates who testified at Trust
meetings; these advocates have experience with the mental health
care system. She added the Trust needed to protect its
resources, properly allocate its resources, and make investments
in the most financially sound way possible. The resources
should be used to employ beneficiaries, as well as provide
services. The Trust should take a more holistic approach to
meeting the beneficiaries' needs. The Trust needed to study the
past, move forward with new technologies, improve systems,
engage in cooperative efforts and partnerships, and work
collaboratively with stakeholders and the legislature to solve
problems. She maintained it would not be easy; the Trust must
think things through in a different manner; it must do things
differently.
4:10:43 PM
REPRESENTATIVE JACKSON asked whether Ms. Halterman intended to
stay with this appointment.
MS. HALTERMAN responded that she had made many sacrifices in her
life working for DHSS; she didn't do this work for the
compensation but to help people. She said what motivated her in
her early career continued to motivate her as she moved forward
into her later years. She acknowledged serving on the AMHTA
board prevented her from working for DHSS, which she was
interested in doing; however, she said that she was committed to
[AMHTA] work and would look for opportunities in the private
sector, which would broaden her ability to understand in a
better and more meaningful way the issues that faced all of the
stakeholders. She offered she is limited in her knowledge of
the impact to the private sector, because she has worked in
government most of her life. She maintained she is devoted,
would stay on the board for the duration [of her term] if she
could find [private sector] work, and intended to make a
significant difference through her contribution to the board.
[The confirmation for Ms. Halterman was advanced during the
House Health and Social Services Standing Committee meeting of
March 17, 2020.]
4:13:53 PM
CHAIR ZULKOSKY moved on to the next appointee's testimony.
4:14:06 PM
RHONDA BOYLES, Appointee, Alaska Mental Health Trust Authority
(AMHTA) Board of Trustees, reviewed her history: she has lived
in Fairbanks since 1975; she relocated to Phoenix to provide her
husband with the medical care he needed; she has owned three
Wendy's franchises and a dinner house; she has performed
volunteer work with various service organizations; and she
served as the Fairbanks North Star Borough mayor, a position in
which she gained budget and land management experience. She
mentioned her financial background, explained that she
understood why the Trust was developed, and said she believed it
to be a brilliant entity established to support physically and
mentally challenged beneficiaries. She cited her experience
with her husband's dementia and expressed a special interest in
the Trust's efforts regarding dementia and senior care. She
acknowledged the fiduciary and legal responsibility of the Trust
board to benefit its beneficiaries and expressed her dedication
to contribute to that mission. She emphasized the importance of
the work: it represented substantive service; and it touched
many lives. She said she would commit to the 5-year term and
mentioned she had only attended one board meeting to date.
4:19:20 PM
REPRESENTATIVE CLAMAN asked whether the meeting she attended was
before her appointment or after.
MS. BOYLES answered she attended the meeting after her
appointment, and it was a two-day intensive meeting. She
clarified she was currently in Phoenix; she asked for and
received permission to attend the meeting and attended at her
own expense.
4:20:32 PM
REPRESENTATIVE CLAMAN asked for confirmation the meeting did not
discourage her from serving on the board.
MS. BOYLES replied she took many notes and talked to the
presenters. She said attending the meeting reassured her that
she had the skills to serve on the board and the board needed
people like her
4:21:54 PM
REPRESENTATIVE CLAMAN asked where her official residence was.
MS. BOYLES said her residence was in Alaska even during the two
years she was in Phoenix with her husband. She confirmed for
Representative Claman her residence was in Fairbanks, not
Anchorage.
REPRESENTATIVE CLAMAN asked whether she would be able to attend
meetings even while wintering in Phoenix.
MS. BOYLES answered she would fulfill her obligation by
traveling to Anchorage to attend board meetings and would do so
at her own expense.
4:23:17 PM
REPRESENTATIVE SPOHNHOLZ acknowledged Ms. Boyles's political,
business, and land management experience, but offered that the
Trust board focused on beneficiaries and identifying ways the
Trust could maximize its resources for the benefit of
beneficiaries. She mentioned confusion of some previous board
members as to the role of the board, which led to a legislative
audit and major changes in Trust procedures. She offered board
members were spending more time on resource development than on
meeting the needs of the beneficiaries. She asked Ms. Boyles if
she read the report from the audit and understood her role on
the Trust board.
MS. BOYLES responded she became aware of how little she knew
when she attended the board meeting. She offered she had gained
some knowledge of beneficiary categories through experience and
knew a great deal about dementia because of her husband's
illness. She acknowledged that she has much to learn regarding
what the Trust does, what DHSS does, and the partnership between
the two. She maintained the board must balance the services
with the financial performance that enabled the Trust to provide
those services. She expressed her belief that a board member
needed knowledge of both financial and resource management, as
well as knowledge of the beneficiaries. She stated that as a
board member she would rely on AMHTA staff to be the
administrators; and she was very impressed with the staff at her
first meeting.
REPRESENTATIVE SPOHNHOLZ said she appreciated Ms. Boyles's
recognition of the distinction between the role of the board and
the role of staff. She stated Alaska had not been meeting the
needs of its beneficiaries; decisions in the 1990s focused on
downsizing API and expanding community-based services; however,
API was downsized but the community-based services were never
expanded to meet the needs of the beneficiaries. She stated it
had been 25 years since those decisions were made without the
vision behind them realized. She maintained that concerted
leadership would be needed to resolve the issues that have been
identified by Judge Morse's finding and the systems gaps. She
asked how Ms. Boyle intended to approach this important and
considerable task.
4:27:39 PM
MS. BOYLES relayed she had not read the entire legislative audit
on the purchase of the property; she understood that the
purchase was outside the parameters of the Trust, but the
investment was doing well. She agreed to read the report. She
said while she attended an "Alaska picnic" in Phoenix, she
talked to a woman at great length who claimed that her son
should be in API but was in jail. The woman had many
suggestions. Ms. Boyles acknowledged there was much work to be
done; the state was continually changing; Alaska may have more
beneficiaries than previously identified. She promised to learn
about the categories of beneficiaries.
REPRESENTATIVE SPOHNHOLZ recommended Ms. Boyle read the report
and pointed out while the commercial property development was
performing well, it was not statutorily allowed. The audit
clearly said if the Trust wished to make such purchases, it
should request the statutory authority to do so. She offered
she appreciated Ms. Boyles's interest and efforts to understand
the scope of issues. Alaska has a crisis; if the Trust board
focused all its time and energy on serving beneficiaries, Alaska
could make significant improvements in its mental health care
system; the land development and investments should be left to
the professionals whose job it is to do that.
4:30:29 PM
REPRESENTATIVE CLAMAN recommended Ms. Boyles ask AMHTA to
arrange for her to visit the crisis intervention center [Peoria
Recovery Response Center (RRC)] near Phoenix. He asserted that
a tour of that center would give her further insight on some of
the issues on which the Trust is working.
[The confirmation for Ms. Boyles was advanced during the House
Health and Social Services Standing Committee meeting of March
17, 2020.]
4:31:45 PM
CHAIR ZULKOSKY opened public testimony on the AMHTA Board of
Trustees confirmation hearing.
4:32:17 PM
CHARLES McKEE mentioned events in AMHTA's history - its
dissolution, the class action lawsuit, and its reconstitution.
He relayed other information not related to the confirmation of
appointees on the board of trustees.
4:35:24 PM
CHAIR ZULKOSKY closed public testimony.
^State Medical Board
State Medical Board
4:35:28 PM
CHAIR ZULKOSKY announced that the next order of business would
be confirmation hearings for the State Medical Board.
4:35:47 PM
DAVID BOSWELL, Appointee, State Medical Board, relayed that he
was an Alaska minister at the Northern Lights Church of Christ
in Fairbanks. He has eight children, four of whom he adopted
out of the Alaska foster care program. He and his family were
active in the music community of Fairbanks. He cited his
volunteer work in the community in his role as a minister - at
the Hospice of the Tanana Valley, at Fairbanks Memorial
Hospital, at the Denali Center [a short- and long-term care
facility], and at the [Fairbanks] Pioneer Home. He served on
the Governor's Council on Disabilities and Special Education
(GCDSE). He mentioned his interest in medicine and taking
classes in genetics and biochemistry at the University of
Alberta. He expressed his desire to "give back" to the
community in a meaningful way by serving on the State Medical
Board.
4:38:40 PM
REPRESENTATIVE CLAMAN asked Mr. Boswell for more detail about
his work at the hospital.
MR. BOSWELL replied that as a minister he spent time with
patients, most of whom were in long-term or emergent situations.
He encountered physicians who were treating the patients.
REPRESENTATIVE CLAMAN asked whether his visitations were with
members of his church or with patients who had requested to have
clergy visit.
MR. BOSWELL answered most patients he visited had been members
of his congregation or members of the community who had
requested the visit. He added while he is in the hospital, he
often visited with others and encouraged them.
REPRESENTATIVE CLAMAN asked Mr. Boswell how he would approach
his duty on the medical board if his personal views disagreed
with decisions of the Alaska Supreme Court. He asked, "Would
you be able to nevertheless serve on the medical board ... and
offer opinions consistent with the way the Alaska Supreme Court
has issued decisions addressing medical treatment?"
MR. BOSWELL stated that he considered himself a fair-minded
individual and would want to uphold the law in every way
possible. He added he had been trained in ethics and believed
he could consider all information, representing the State of
Alaska to the best of his ability.
REPRESENTATIVE CLAMAN relayed that the Alaska Supreme Court had
issued decisions about abortion rights and the provisions of
abortion by physicians in Alaska. He added there are
individuals who didn't agree with the court's decision. He
asked, "To the extent you may personally disagree with that
decision of the Alaska Supreme Court, will you be able to serve
on this board and make votes that recognize that decision of the
supreme court and the need for the medical board to make
decisions that don't conflict with the existing decisions of the
Supreme Court?"
MR. BOSWELL said, "Yes, I believe I can."
4:42:02 PM
REPRESENTATIVE SPOHNHOLZ cited Mr. Boswell's service to the
community and broad range of experience but pointed out none of
it was related to the issues of licensure or the practice of
medicine. She asked what motivated his interest for serving on
the State Medical Board, given the technical work that the board
performs.
MR. BOSWELL answered he had always been interested in medicine;
he began his education with it in mind. He expressed he
considered serving on the board an opportunity, as he had
interacted with several physicians in the past ten years; also,
all his adopted children had varying degrees of fetal alcohol
spectrum disorders (FASD). He offered that he has had a
positive impact on many lives. He stated that the licensure
aspect of the position would be new to him, but he is a quick
learner and would be happy to serve.
4:44:01 PM
CHAIR ZULKOSKY asked Mr. Boswell to discuss his familiarity with
rural communities off Alaska's road system and his experience
traveling throughout the state.
MR. BOSWELL replied he was familiar with many of the communities
on the road system and had traveled on the Alaska Marine Highway
System. He stated he had not flown into the small communities
and hoped to explore that avenue.
CHAIR ZULKOSKY asked him to discuss his knowledge and
familiarity with health care, the variety of health institutions
that provided care throughout rural Alaska, and his
understanding of the needs of communities off Alaska's road
system.
MR. BOSWELL responded that most of his understanding of
conditions in rural Alaska was regarding the need for assisting
children in rural communities; his involvement in the foster
care program had made him aware of many underserved communities.
He expressed an interest in helping children be properly
represented.
4:46:07 PM
REPRESENTATIVE SPOHNHOLZ asked Mr. Boswell what he hoped to
achieve by serving on the State Medical Board as the public
member.
MR. BOSWELL answered he hoped to represent others and be a
"voice for those [who didn't] have a voice." He maintained
doing so is an important role for a volunteer. He added the
board has an important role and he wanted to contribute.
REPRESENTATIVE SPOHNHOLZ asked for specifics regarding the
statement "being a voice for those [who didn't] have a voice."
MR. BOSWELL answered that as a minister he had encountered
people who felt they were not heard; he had referred people to
the medical community in his ministerial work on occasion; he
believed he had given the medical community encouragement
through his ministry; and he tried to encourage and allow people
to be represented.
REPRESENTATIVE SPOHNHOLZ asked for clarification regarding his
testimony in which he was encouraging people to be represented.
She relayed the State Medical Board's function was to ensure
medical providers in Alaska were meeting licensure requirements
and were practicing medicine within the scope of their training
and the bounds of the law. She asked, "Who do you think is not
being represented in the execution of that duty?"
MR. BOSWELL mentioned he understood the question to be about his
personal history that guided him in the direction of serving on
the State Medical Board. He stated he understood the role of
the board to look at licensures.
4:49:09 PM
REPRESENTATIVE TARR mentioned the professions that are regulated
by the board are osteopaths, paramedics, physicians, physician
assistants, and pediatrists. She stated she had not heard any
testimony that his interest involved the licensure of those
health care professionals in Alaska. She asked him to discuss
his interest in the professional licensure of those professions.
MR. BOSWELL answered there were members of his congregation who
were osteopaths and physicians; he has had conversations with
members of his community and people across the state regarding
the need for more health care providers in the state and timely
licensing. He maintained he was interested in ensuring enough
[health] care throughout the state and in having more [medical]
specialties available to more communities in Alaska.
REPRESENTATIVE TARR acknowledged his interest but questioned his
background of knowledge, experience, and deep level of
understanding of the health care community to serve on the
board. She mentioned Alaska's health care system with the
COVID-19 [a novel coronavirus disease] pandemic was fragile; she
expressed it would concern her if a member of the board did not
have a deeper experience in some form of health care delivery.
4:52:26 PM
REPRESENTATIVE PRUITT referred to Mr. Boswell's desire to speak
for people who might not be heard. He asked if he had
encountered people who interacted with hospitals, doctors, and
people in the medical profession with such experiences.
MR. BOSWELL answered his personal experiences with the medical
professionals in the state had been mostly positive. He stated
he has heard of people being less than satisfied. He mentioned
that most people in Fairbanks had a good relationship with their
medical providers.
REPRESENTATIVE PRUITT asked Mr. Boswell whether he anticipated
taking the concerns of the people he encountered into the
setting of the State Medical Board. He reminded him that
licensing included making sure the customer - the patient - was
being served.
MR. BOSWELL replied, "Yes. I believe that is exactly the
perspective that I think I will bring to the board and be able
to represent that patient's perspective."
CHAIR ZULKOSKY stated that by statue, the State Medical Board
must ensure license renewal was contingent upon proof of
continued competency. She asked Mr. Boswell how - with little
experience - he would assess the competency of providers seeking
license renewal.
MR. BOSWELL said he was familiar with continuing education
requirements but acknowledged that he would need to learn more
specifics. He maintained he anticipated learning from medical
providers on the board.
4:55:56 PM
CHAIR ZULKOSKY stated that the State Medical Board is tasked
with adopting regulations that established guidelines for
physicians and different types of providers. She asked what
experience and qualifications have prepared him for this task.
MR. BOSWELL answered his ethics and theology training had
prepared him, as well as his work with GCDSE advocating for
better policy for Alaskans.
4:57:02 PM
REPRESENTATIVE TARR asked for the length of his service on
GCDSE.
MR. BOSWELL responded that he was appointed to the council
August 2019.
[The confirmation for Mr. Boswell was advanced during the House
Health and Social Services Standing Committee meeting of March
17, 2020.]
4:58:22 PM
ADJOURNMENT
There being no further business before the committee, the House
Health and Social Services Standing Committee meeting was
adjourned at 4:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0305A.PDF |
HHSS 3/12/2020 3:00:00 PM |
HB 305 |
| HB 305 Sponsor Statement 03.12.2020.pdf |
HHSS 3/12/2020 3:00:00 PM |
HB 305 |
| HB 305 Sectional Analysis v. M 03.12.2020.pdf |
HHSS 3/12/2020 3:00:00 PM |
HB 305 |
| HB 305 PowerPoint 03-12-2020.pdf |
HHSS 3/12/2020 3:00:00 PM |
HB 305 |
| Anita Halterman Board Application_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to Mental Health Trust Authority Board of Trustees |
| Rhonda Boyles Board Application_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to Mental Health Trust Authority Board of Trustees |
| Anita Halterman Resume_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to Mental Health Trust Authority Board of Trustees |
| Rhonda Boyles Resume_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to Mental Health Trust Authority Board of Trustees |
| Dave Boswell Board Application_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to the State Medical Board |
| Richard Wein Resume_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to the State Medical Board |
| Steve Parker Resume_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to the State Medical Board |