02/19/2014 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB161 | |
| SB151 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 161 | TELECONFERENCED | |
| *+ | SB 151 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
February 19, 2014
1:34 p.m.
MEMBERS PRESENT
Senator Bert Stedman, Chair
Senator Peter Micciche, Vice Chair
Senator Kevin Meyer
Senator Pete Kelly
Senator Johnny Ellis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 161
"An Act relating to duties and procedures of the state medical
examiner and the Department of Health and Social Services; and
relating to death certificates."
- HEARD & HELD
SENATE BILL NO. 151
"An Act relating to chemicals that are of high concern for
children and to the manufacture and sale of products containing
certain flame retardant chemicals; relating to an interstate
chemicals clearinghouse; adding an unlawful act to the Alaska
Unfair Trade Practices and Consumer Protection Act; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 161
SHORT TITLE: AUTOPSIES AND DEATH CERTIFICATES
SPONSOR(s): SENATOR(s) OLSON
02/07/14 (S) READ THE FIRST TIME - REFERRALS
02/07/14 (S) HSS
02/19/14 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 151
SHORT TITLE: HIGH-RISK CHEMICALS FOR CHILD EXPOSURE
SPONSOR(s): SENATOR(s) OLSON
01/31/14 (S) READ THE FIRST TIME - REFERRALS
01/31/14 (S) HSS, JUD
02/19/14 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
DAVID SCOTT, Staff
Senator Donny Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 161 and SB 151 on behalf of the
sponsor.
RAEBELLE WHITCOMB, Director
Workforce Development Center
Bristol Bay Native Association (BBNA)
Dillingham, Alaska
POSITION STATEMENT: Testified in support of SB 161.
JACKIE RUSSELL, Social Worker
Bristol Bay Area Health Corporation (BBAHC)
Dillingham, Alaska
POSITION STATEMENT: Testified in support of SB 161.
KERRE SHELTON, Director
Alaska Division of Public Health
Department of Health and Social Services
Anchorage, Alaska,
POSITION STATEMENT: Testified in support of SB 161.
MARCIA DAVIS, General Council
Senior Vice President
Calista Corporation
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 161.
JESSICA WALSH, Registered Nurse & Student
American College of Nurse Midwives
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
PAMELA MILLER, Executive Director
Alaska Community Action on Toxics
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
KYLE GREEN, Firefighter
Fairbanks Firefighters Association
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 151.
PATRICE LEE, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 151.
JOEL CRAFT, Service Provider
Children's Programs
Kawerak, Inc.
Nome, Alaska
POSITION STATEMENT: Testified in support of SB 151.
BRIAN PARTCH, Firefighter
Alaska Professional Firefighters Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
JEFF TUCKER, Fire Chief
North Star Fire Department
North Pole, Alaska
POSITION STATEMENT: Testified in support of SB 151.
TIFFANY IMMINGAN, representing herself
Savoonga, Alaska,
POSITION STATEMENT: Testified in support of SB 151.
TIM SHESTEK, Senior Director, State Affairs
American Chemistry Council
Sacramento, California
POSITION STATEMENT: Testified in opposition to SB 151.
THOMAS OSIMITZ, Ph.D., Toxicologist
American Chemistry Council
Charlottesville, Virginia
POSITION STATEMENT: Testified in opposition to SB 151.
SUSAN WALSH, Nurse
Alaska Nurses Association
Ketchikan, Alaska
POSITION STATEMENT: Testified in favor of SB 151.
BETHANY BUCHANAN, M.D., Family Nurse Practitioner
Alaska Nurse Practitioner Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
ACTION NARRATIVE
1:34:19 PM
CHAIR BERT STEDMAN called the Senate Health and Social Services
Standing Committee meeting to order at 1:34 p.m. Present at the
call to order were Senators Micciche, Kelly, Meyer, Ellis, and
Chair Stedman.
SB 161-AUTOPSIES AND DEATH CERTIFICATES
1:34:49 PM
CHAIR STEDMAN announced that the first order of business would
be SB 161.
1:35:18 PM
DAVID SCOTT, Staff, Senator Donny Olson, Alaska State
Legislature, Juneau, Alaska, explained SB 161 on behalf of the
sponsor. He said the bill was introduced to try to alleviate
some unforeseen difficulties for families in rural Alaska when a
loved one dies and the body must be transported to Anchorage for
an autopsy. There are misunderstandings created by forms that
are used resulting in high costs for funeral home expenses.
He noted new sections of the bill which would clarify that not
every death that requires an autopsy must be transported to
Anchorage. The bill also provides telemedicine options to try to
save the state money. The state currently uses general fund
dollars to transport remains from rural communities to Anchorage
and back.
1:37:34 PM
MR. SCOTT explained changes in the bill. In Section 1 on line
13, "may" was deleted and "shall" was inserted. On page 2, line
3, the sponsor requests a discussion of language he is ready to
remove. It says "by a policy of the transporting entity", which
means an airline could require embalming. The sponsor does not
believe the policy of a private company should affect what the
state does. He said the sponsor is willing to negotiate that
issue.
He said Section 2 adds two subsections so autopsies don't all
have to be conducted in Anchorage, but could be done by video
technology. Section 2 (g) is a new section of law which provides
that a person who is responsible for the burial of a body would
receive a form from the State Medical Examiner's Office.
Section 3 conforms to Section 4, which requires that if there is
no funeral director in a community, a person shall be designated
by the state registrar to file the death certificate and obtain
personal data from the next of kin or best qualified person.
Section 5 conforms to Section 6, which requires that the medical
examiner shall obtain a burial-transit permit before a body is
transported.
1:40:25 PM
MR. SCOTT noted a DHSS fiscal note and a draft form from the
State Medical Examiner's Office in members' packets. He
highlighted the first line of the form which states that there
is no legal requirement for the use of a funeral home.
He concluded that the bill is an effort to alleviate family
suffering during tough times.
CHAIR STEDMAN noted a DHSS fiscal note for $115,000 in general
funds to implement these changes.
He opened public testimony.
1:41:47 PM
RAEBELLE WHITCOMB, Director, Workforce Development Center,
Bristol Bay Native Association (BBNA), Dillingham, Alaska,
testified in support of SB 161. She said she is also testifying
on behalf of her family. She explained that from BBNA's
perspective, the legal requirement for the use of the State
Medical Examiner has caused additional burdens on families. She
related that BBNA provides burial assistance along with the
state. Many times BBNA has had to deal with costs of embalming
and air transportation. Limited funding has an impact on the
state and tribal organization.
She related that sometimes the requirements go against the
family's wishes and values. For example, embalming before
transportation is not a customary and traditional practice.
She shared a person story on behalf of herself and her family.
They were forced to pay for embalming costs at a funeral home in
Anchorage and the expense was a significant burden. Also, the
need to transport an individual out of state entails an extra
charge for a container and embalming. She said another issue is
that the body is not released until the bill is paid in full.
She concluded that the bill is important to people in rural
areas.
1:46:43 PM
JACKIE RUSSELL, Social Worker, Bristol Bay Area Health
Corporation (BBAHC), Dillingham, Alaska, testified in support of
SB 161. She concurred with the previous speaker and emphasized
how important the bill is to rural communities. She shared the
services available at BBAHC, such as telemedicine, and suggested
that they could cooperate with the medical examiner to cut
costs. She said she hopes the committee will pass the bill.
1:49:10 PM
KERRE SHELTON, Director, Alaska Division of Public Health,
Department of Health & Social Services, Safety, Anchorage,
Alaska, testified in support of SB 161. She stated that the bill
is very important to the Division, and the care of families in
Alaska is very critical to the Division and to the State Medical
Examiner's Office.
She related that the State Medical Examiner's Office is in
Anchorage and exists to determine cause and manner of death for
cases that are brought under their jurisdiction. There are
between 1,600 and 1,700 deaths per year in Alaska and only about
half fall under the Medical Examiner's jurisdiction. The
criteria for those deaths are set out in current statute.
Expected home or hospital deaths do not fall under the
jurisdiction of the Medical Examiner's Office.
She described what happens at the Medical Examiner's Office in
Anchorage. Autopsies can be internal or external or both, based
on the circumstances of the case. Various tests can be
performed. She said there are three forensic pathologists, one
position of which is vacant. There are also autopsy technicians
and investigators, making a total of 17 staff. The in-house case
load was 857 last year; another 775 cases were not brought in to
the office
MS. SHELTON reported that the Medical Examiner's Office relies
strongly on local law enforcement who collect scene information,
consult with the pathologist, and determine if the case should
be brought into the jurisdiction of the office. Next, the body
must be transported to Anchorage and processed as quickly as
possible and returned back to the family. The Medical Examiner's
Office recognizes the sensitivity and emotional nature of the
cases, especially unanticipated death.
1:53:48 PM
She shared policies that are in place regarding transporting the
body back to the home city. The office provides the burial-
transit permit when the body leaves. It also revised the
authorization of release-of-remains form to clarify issues
regarding funeral homes. The office attempts to do what is best
for the family and has no stake in funeral homes. The office no
longer does embalming because the law requiring it was abolished
in 2005. Funeral homes do embalming and cosmetology work.
1:56:35 PM
She indicated that are no other facilities that can perform a
forensic examination except for in Fairbanks and Anchorage.
Neither of those offices have telemedicine equipment. The state
caseload does not warrant another autopsy facility. An extensive
amount of equipment would be required to ensure that the exams
are legally defensible, medically appropriate, and meet the
standards.
She said there are no forensic pathology services in rural
communities. Forensic examinations must be legally defensible
and provide the same high standard of care for all cases. She
questioned the liability if someone else would perform a
forensic exam.
1:58:50 PM
MARCIA DAVIS, General Council, Senior Vice President, Calista
Corporation, Anchorage, Alaska, testified in support of SB 161.
She described the function of Calista Heritage Foundation, a
non-profit that is responsible primarily for educational
scholarships for shareholders. Calista also provides burial
assistance, funding some of the costs for transport and burial.
She discovered that the problem of high costs has been around
for a long time. There have been efforts to correct the problem
that have not met with success when dealing with state agencies.
MS. DAVIS stated that in order to find a solution, she studied
laws and had conversations with the Department of Health and
Social Services (DHSS), but got nowhere. She then went to the
State Medical Examiner's Office in search of a solution.
2:01:27 PM
She said in that meeting, she shared culturally sensitive issues
surrounding death in rural areas. She described issues with the
form families must fill out and the lack of communication
between the Medical Examiner's Office and rural Alaska. By
contrast, she shared how villages handle a death. She maintained
that the form must be revised; it is currently different from
what the law requires.
She concluded that too much cost is put on the family, and it is
unfair to hold a body hostage until the bills are paid. She said
she found a law in North Dakota where it is a crime to hold the
body for money. She emphasized that values are different in Bush
Alaska.
2:08:29 PM
She said Calista would like to see the Medical Examiner's Office
have the statutory authority to make changes to procedures and
to the form. She said the next step is to translate the form
into Yupik.
2:09:34 PM
CHAIR STEDMAN held SB 161 in committee.
SB 151-HIGH-RISK CHEMICALS FOR CHILD EXPOSURE
2:10:03 PM
CHAIR STEDMAN announced that the final order of business would
be SB 151. He said it was the first hearing on the bill. The
intent is to have the sponsor introduce the bill, take public
testimony, and hold it in committee.
DAVID SCOTT, Staff, Senator Donny Olson, Alaska State
Legislature, Juneau, Alaska, presented SB 151 on behalf of the
sponsor. He informally called SB 151 the "Children's Safe
Product Act." He explained that the bill would prohibit and ban
products containing certain flame retardant chemicals known as
"chlorinated tris." It would also require the Department of
Environmental Conservation (DEC) to participate and be a member
of the Interstate Chemicals Clearinghouse. It requires DEC to
publish a list of chemicals of high concern for children and
periodically update the list. Some states are banning
chlorinated tris and there is a national effort to update a law
passed in 1976 called the Toxic Substance Control Act. The new
law is called the Chemical Safety Improvement Act.
MR. SCOTT presented the sections of the bill. He explained that
Section 1, beginning on page 1, line 8, requires DHSS to publish
a list of chemicals of high concern. It requires that before
placing the chemical on the list, the department shall determine
that the chemical is of high concern and that it has been
identified by a government entity to be based on credible
scientific evidence. The section also provides ways to determine
that there is a high potential for children to be exposed to a
chemical of concern.
2:14:05 PM
MR. SCOTT continued to explain that beginning on page 2, line
17, the bill provides that the list of chemicals may be reviewed
and revised. Beginning on page 2, line 20, prohibitions
regarding the tris are listed and beginning on page 2, line 20,
the penalties are set out. Beginning on page 3, line 8, the
rules for participation in Interstate Chemicals Clearinghouse
are given.
MR. SCOTT related that page 3, line 17, allows the department to
adopt regulations. The definitions begin on page 3, line 19.
He said Section 2 of the bill provides that violating AS
18.31.640 would be an unfair trade act. Section 3 is transition
language that states by January 1, 2016, the department will
publish the first list of chemicals. Section 4 is instructions
for the revisor and Section 5 is the effective date.
2:16:01 PM
MR. SCOTT noted two fiscal notes, one from DEC and one from
DHSS. He referred to a handout entitled "What's on Your List?"
and letters of support and opposition in members' packets. He
related that in favor of SB 151 are the Alaska Fire Chiefs
Association, Alaska Nurses Association, and the American
Sustainable Business Council. Against the bill are the Alaska
Chamber of Commerce, and the American Chemistry Council, who are
both in favor of reforming the 1976 Act [by passing the national
Chemical Safety Improvement Act.] He pointed out that the
sponsor is aware of that but does not believe Congress will act.
CHAIR STEDMAN said there were two fiscal notes, one from DHSS
for $37,000 in general funds to develop an inventory of
chemicals of high concern in children's products and one from
DEC for $370,000 in general funds for two new environmental
program specialist positions.
CHAIR STEDMAN opened public testimony.
2:18:08 PM
JESSICA WALSH, Registered Nurse, Student, American College of
Nurse Midwives, Anchorage, Alaska, testified in support of SB
151. She spoke of her job as a nurse caring for women and
educating them on how to avoid toxic chemicals that are known
endocrine disruptors. She shared the devastating effects of
toxic chemicals on children. She told of an experience of
mattress shopping and the inability to purchase one without
flame retardants. She maintained that flame retardant chemicals
have not been shown to have a benefit for reducing mortalities
from fire. She urged the committee to protect children from the
effects of harmful chemicals.
2:21:37 PM
PAMELA MILLER, Executive Director, Alaska Community Action on
Toxics, Anchorage, Alaska, testified in support of SB 151. She
said that this year at least 33 states have stepped up to
address this issue. She stressed that the federal law is
outdated and Congress has failed to fix the law. She thanked the
sponsor for introducing SB 151, which gives Alaska the
opportunity to better protect the health of children by
establishing a list of chemicals of high concern. She listed
possible harmful effects of these chemicals.
2:25:03 PM
KYLE GREEN, Firefighter, Fairbanks Firefighters Association,
Fairbanks, Alaska, testified in support of SB 151. He noted the
provisions in the bill will protect firefighters, as well as
children. He said studies have found that smoke transports toxic
chemicals that are harmful. The cancer rate for firefighters has
increased. The use of flame retardants has not shown a decline
in fire damage. He provided alternatives such as educating the
public in fire prevention and implementing residential fire
sprinklers.
2:27:48 PM
PATRICE LEE, representing herself, Fairbanks, Alaska, testified
in support of SB 151. She said that Alaska should do everything
possible to protect children from harmful chemicals. She opined
that industry should have to prove that the materials they use
in products are safe before they can use them. In other modern
countries, such toxics are not allowed in children's products.
She concluded that healthier children equal less expensive
health care and a brighter future.
2:29:27 PM
JOEL CRAFT, Service Provider, Children's Programs, Kawerak,
Inc., Nome, Alaska, testified in support of SB 151. He
encouraged Alaska to do everything possible to protect the
health of children. In October 2013, the Alaska Federation of
Natives passed a resolution supporting chemicals policy reform
at the state level. He said SB 151 is a step in the right
direction toward protecting the health of present and future
generations. He voiced concern about the high rate of birth
defects in Alaska Native infants, which are the highest in the
nation and twice the rate of white infants born in Alaska. He
spoke of the harmful effects of the tris chemicals. He thanked
the sponsor.
2:32:13 PM
BRIAN PARTCH, Firefighter, Alaska Professional Firefighters
Association, Anchorage, Alaska, testified in support of SB 151.
He noted a higher rate of cancer in firefighters due to flame
retardants. He listed other methods that are more effective for
fighting fires. He noted that fire investigators are also
exposed to chemicals when investigating the cause and origin of
fires.
2:34:14 PM
JEFF TUCKER, Fire Chief, North Star Fire Department, North Pole,
Alaska, testified in support of SB 151. He noted a letter of
supported provided to the committee. He echoed the comments of
previous firefighters in support of SB 151.
2:35:02 PM
TIFFANY IMMINGAN, representing herself, Savoonga, Alaska,
testified in support of SB 151. She noted that toxic chemicals
have an impact on her community. She said in one year there were
19 deaths from cancer and illnesses. She said there is PCB in
traditional foods on the island. She thanked Senator Olson for
introducing the bill that would protect children from toxic
chemicals.
2:37:12 PM
TIM SHESTEK, Senior Director, State Affairs, American Chemistry
Council, Sacramento, California, testified in opposition to SB
151. He noted that he has submitted written comments to the
committee. He highlighted major concerns with the bill as
drafted. The bill requires the drafting of a list of chemicals
that may be used in consumer products, but it is silent on how
that information might be used or communicated to the public,
retailers, or others. Assessing the safety of a chemical
compound requires looking both at the potential hazard and
exposure. He explained that the mere presence of a product does
not mean that the product is harmful or violates safety
standards or law. The bill would list chemicals without any
information about what the information means or doesn't mean.
He referred to the sponsor's opening comments that alluded to a
congressional effort to update the Federal Toxic Substance
Control Act. He spoke in favor of the passage of the Chemical
Safety Improvement Act currently pending in Congress, which is
supported by over 100 business groups, organized labor, and both
U.S. Senators from Alaska. The bill would significantly change
the way chemicals are regulated and provide U.S. Environmental
Protection Agency with the authority to conduct safety
assessments on chemicals based solely on consideration of risk
to human health and the environment, and the ability to focus in
on sensitive sub-populations, such as children.
He concluded that the Chemical Safety Improvement Act strikes
the right balance in establishing a predictable and workable
regulatory environment for U.S. manufacturing, as well as U.S.
retailers.
2:40:06 PM
THOMAS OSIMITZ, Ph.D., Toxicologist, American Chemistry Council,
Charlottesville, Virginia, testified in opposition to SB 151. He
described his role as a toxicologist. He stated that the issue
of TCPP, one of the three chemicals mentioned in the bill, is
very confusing. He maintained that there are many differences
between the three tris chemicals. He noted that TCPP has been
extremely well studied and is used in foam insulation, not as a
fire retardant in clothing or beds. He clarified that TCPP is
not a carcinogen and does not have the properties listed in the
bill as a chemical of high concern. He requested that any
reference to TCPP as a flame retardant be removed from the bill.
2:43:12 PM
SUSAN WALSH, Nurse, Alaska Nurses Association, Ketchikan,
Alaska, testified in favor of SB 151. She said she has provided
written testimony to the committee. She agreed with previous
testifiers in support of SB 151. She shared her experience with
congressional efforts to update the 1976 Federal Toxic Substance
Control Act. She noted the cost of SB 151 is $400,000; however,
she asked the committee what the cost of not implementing the
bill would be. There is a significant rise in autism, birth
defects, and learning disabilities with the introduction of
toxic chemicals. She said understood the Chamber's opposition to
the bill because of the potential for loss of business.
She said the Alaska Nurses Association passed a resolution in
October calling for municipal chemical policy reform at the
state level that reduces the use of toxic chemicals and requires
that less harmful chemicals be substituted whenever possible. It
would ensure adequate information on the health effects of
chemicals is available to the public before the chemicals are
introduced on the market. She concluded that SB 151 is a
critical bill for the protection of children, firefighters, and
other vulnerable populations.
2:46:05 PM
BETHANY BUCHANAN, M.D., Family Nurse Practitioner, Alaska Nurse
Practitioner Association, Anchorage, Alaska, testified in
support of SB 151. She described the operation of the endocrine
system and how chemicals disrupt it. She described afflictions
as a result of chemical exposure. She stressed that life relies
on biochemical transmission and exposure to chemicals cause
life-long chronic problems.
2:48:15 PM
SENATOR MICCICHE asked if there is a list of chemicals that
affect the endocrine system.
MS. BUCHANAN listed ingredients in plastic, dioxins, DDT, and
lead.
SENATOR MICCICHE requested written testimony.
MS. BUCHAAN offered to do so.
2:49:34 PM
CHAIR STEDMAN closed public testimony.
CHAIR STEDMAN held SB 151 in committee.
2:50:40 PM
There being no further business to come before the committee,
Chair Stedman adjourned the Senate Health and Social Services
Standing Committee at 2:50 p.m.