04/22/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB85 | |
| HB88 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 85 | TELECONFERENCED | |
| + | HB 88 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 22, 2005
8:44 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 85(JUD)
"An Act relating to self-administration and documentation of
certain types of medication prescribed to a child attending
school."
HEARD AND HELD
CS FOR HOUSE BILL NO. 88(RLS)
"An Act relating to certain weapons offenses involving minors;
relating to the definition of 'recreation or youth center' for
purposes of misconduct involving a controlled substance; to
aggravating factors in sentencing for certain offenses committed
on school grounds, on a school bus, at a school-sponsored event,
or in administrative offices of a school district; to mitigating
factors in sentencing for a defendant's assistance to
authorities to detect, apprehend, or prosecute other persons who
committed an offense; and providing for an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 85
SHORT TITLE: PRESCRIBED MEDICATION FOR STUDENTS
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/19/05 (H) READ THE FIRST TIME - REFERRALS
01/19/05 (H) HES, JUD
02/15/05 (H) HES AT 3:00 PM CAPITOL 106
02/15/05 (H) Moved CSHB 85(HES) Out of Committee
02/15/05 (H) MINUTE(HES)
02/18/05 (H) HES RPT CS(HES) 6DP
02/18/05 (H) DP: CISSNA, GARDNER, ANDERSON, MCGUIRE,
SEATON, WILSON
02/18/05 (H) FIN REFERRAL ADDED AFTER JUD
03/07/05 (H) JUD AT 1:00 PM CAPITOL 120
03/07/05 (H) Moved CSHB 85(JUD) Out of Committee
03/07/05 (H) MINUTE(JUD)
03/09/05 (H) JUD RPT CS(JUD) 5DP
03/09/05 (H) DP: GRUENBERG, DAHLSTROM, COGHILL,
GARA, MCGUIRE
03/09/05 (H) FIN REFERRAL WAIVED
03/15/05 (H) TRANSMITTED TO (S)
03/15/05 (H) VERSION: CSHB 85(JUD)
03/16/05 (S) READ THE FIRST TIME - REFERRALS
03/16/05 (S) HES, JUD
04/04/05 (S) HES AT 1:30 PM BUTROVICH 205
04/04/05 (S) Moved CSHB 85(JUD) Out of Committee
04/04/05 (S) MINUTE(HES)
04/05/05 (S) HES RPT 4DP 1NR
04/05/05 (S) DP: DYSON, GREEN, WILKEN, OLSON
04/05/05 (S) NR: ELTON
04/22/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 88
SHORT TITLE: CRIM LAW:MINORS, SCHOOLS, DRUGS,SENTENCES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/19/05 (H) READ THE FIRST TIME - REFERRALS
01/19/05 (H) JUD, FIN
01/26/05 (H) JUD AT 1:00 PM CAPITOL 120
01/26/05 (H) -- Meeting Canceled --
02/02/05 (H) JUD AT 1:00 PM CAPITOL 120
02/02/05 (H) <Bill Hearing Postponed to Fri. 2/4/05>
02/04/05 (H) JUD AT 1:00 PM CAPITOL 120
02/04/05 (H) -- Rescheduled from Wed. 2/2/05 --
02/07/05 (H) JUD AT 1:00 PM CAPITOL 120
02/07/05 (H) Heard & Held
02/07/05 (H) MINUTE(JUD)
02/16/05 (H) JUD AT 1:00 PM CAPITOL 120
02/16/05 (H) Moved CSHB 88(JUD) Out of Committee
02/16/05 (H) MINUTE(JUD)
02/18/05 (H) JUD RPT CS(JUD) NT 1DP 6NR
02/18/05 (H) DP: GRUENBERG;
02/18/05 (H) NR: ANDERSON, KOTT, COGHILL, DAHLSTROM,
GARA, MCGUIRE
03/16/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/16/05 (H) Bill Postponed To 3/17/05
03/17/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/17/05 (H) Heard & Held
03/17/05 (H) MINUTE(FIN)
03/21/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/21/05 (H) Moved CSHB 88(FIN) Out of Committee
03/21/05 (H) MINUTE(FIN)
03/22/05 (H) FIN RPT CS(FIN) NT 8NR
03/22/05 (H) NR: HAWKER, WEYHRAUCH, JOULE, MOSES,
HOLM, KELLY, CROFT, STOLTZE
03/31/05 (H) RLS AT 9:00 AM FAHRENKAMP 203
03/31/05 (H) Moved CSHB 88(RLS) Out of Committee
03/31/05 (H) MINUTE(RLS)
04/01/05 (H) RLS RPT CS(RLS) NT 5DP 1NR
04/01/05 (H) DP: HARRIS, COGHILL, MCGUIRE, KOHRING,
ROKEBERG;
04/01/05 (H) NR: BERKOWITZ
04/01/05 (H) RETURNED TO RLS COMMITTEE
04/08/05 (H) TRANSMITTED TO (S)
04/08/05 (H) VERSION: CSHB 88(RLS)
04/11/05 (S) READ THE FIRST TIME - REFERRALS
04/11/05 (S) JUD, FIN
04/22/05 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 85
Mr. Mike Pawlowski
Staff to Representative Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 85
Ms. Patricia Senner, RN
Alaska Nurses Association
2207 East Tudor Rd. Suite 34
Anchorage, AK 99507
POSITION STATEMENT: Testified in support of HB 85
Ms. Marge Larson
American Lung Association of Alaska
POSITION STATEMENT: Testified in support of HB 85
Ms. Stephanie Birch
Division of Public Health (DPH)
Department of Health & Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Testified in support of HB 85
Ms. Anne Carpeneti
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on HB 88
Ms. Patty Ware, Director
Division of Juvenile Justice
Department of Health & Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Commented on HB 88
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:43:33 AM. Present were Senators
Hollis French, Charlie Huggins, and Chair Ralph Seekins.
HB 85-PRESCRIBED MEDICATION FOR STUDENTS
CHAIR RALPH SEEKINS announced HB 85 to be up for consideration.
8:43:33 AM
REPRESENTATIVE KEVIN MEYER introduced HB 85, which proposes to
allow children to carry their own inhalers (commonly known as
Epipen®). Not having their medication readily available puts
children at risk. Some children have died because their
medication was in the school nurse's office. HB 85 would allow a
parent or guardian to sign a release of liability provided the
healthcare provider submit a written consent treatment plan and
certify that the child is capable of using the medication. HB 85
would qualify Alaska for federal grants under the Asthmatic
Schoolchildren's Treatment Act of 2004. Thirty-seven states have
passed similar legislation. It protects the schools from
liabilities and it would potentially reduce absences.
8:46:17 AM
SENATOR GRETCHEN GUESS asked Representative Meyer to explain why
pharmacist is listed under the definition of healthcare
provider.
REPRESENTATIVE MEYER explained the reason is pharmacists often
train children to use their inhalers.
8:49:03 AM
MR. MIKE PAWLOWSKI, legislative aide, reiterated Representative
Meyer's assertion that pharmacists are the ones who teach
children how to use their medication. The Department of Public
Health (DPH) supports adding pharmacists.
SENATOR GUESS asserted HB 85 allows pharmacists to write a
treatment plan.
CHAIR SEEKINS said he would feel more comfortable if backup
medicine was available in the school nurse's office.
REPRESENTATIVE MEYER advised under HB 85 children could still
leave backup medication with the nurse.
8:52:42 AM
REPRESENTATIVE MEYER continued families couldn't always afford
two inhalers so he would be hesitant to require a backup.
8:54:38 AM
Senator Gene Therriault joined the committee.
SENATOR CHARLIE HUGGINS expressed concern over children passing
their inhalers around.
REPRESENTATIVE MEYER stated the school would not be liable.
SENATOR HUGGINS said he was worried about children causing the
death of other children by sharing inhalers.
REPRESENTATIVE MEYER countered inhalers wouldn't kill a child
although they might make someone hyperactive.
8:56:21 AM
SENATOR HUGGINS asked the definition of advanced nurse
practitioner.
SENATOR HOLLIS FRENCH advised all nurse practitioners are
advanced nurse practitioners.
CHAIR SEEKINS agreed and stated licensed nurse would be
included. The difference is a licensed nurse who is not a nurse
practitioner would not be able to prescribe medications.
SENATOR FRENCH asked Mr. Pawlowski to explain Epipen®.
MR. PAWLOWSKI advised it is short for epinephrine injector,
which is a self-administered injection.
SENATOR FRENCH asked whether the use of epinephrine inhalers
among schoolchildren was common.
8:58:47 AM
CHAIR SEEKINS replied yes. He explained epinephrine is a form of
adrenaline.
8:59:36 AM
SENATOR THERRIAULT asked the recourse if a child lets a friend
take a dose of the medication.
MR. PAWLOWSKI replied discipline according to the school code
would govern that situation.
9:01:36 AM
SENATOR THERRIAULT asked the recourse when children pass
inhalers around to get each other high.
MR. PAWLOWSKI responded the debate occurred in the House and it
was decided disciplinary action by the schools should be
adequate.
CHAIR SEEKINS mentioned a person can buy some types of inhalers
over the counter and there is no present issue of children
buying inhalers. He asserted it is serious when someone has an
asthma attack.
9:03:35 AM
CHAIR SEEKINS said his only concern was if a student were to
forget to bring their medication. He prefers to have a backup in
place. He read a statement from the Alaska Nurses Association
that asked to require a student to have an extra inhaler stored
in the school nurse's office.
MR. PAWLOWSKI commented that was included in Section 5. A
healthcare provider could include that stipulation in the
written treatment plan.
SENATOR FRENCH said it could be included in the list under
"doses of medications needed."
9:05:27 AM
SENATOR GUESS advised it would be beneficial to keep the option
so as not to mandate families to always have two inhalers. Some
families may not be able to afford two inhalers.
9:07:40 AM
CHAIR SEEKINS said it is not his intent to put someone who can't
afford the medication in risk of violating the law. However, a
serious case of asthma needs to be considered.
9:08:55 AM
MS. PATRICIA SENNER, nurse practitioner, testified in support of
HB 85. She maintained school nurses are having trouble with
managing inhalers. Children often forget them or they run out of
medication. She suggested to stipulate under Section 5 the
healthcare provider state what back up is needed.
9:10:29 AM
MS. SENNER advised the committee albuterol inhalers run about
twenty dollars while steroid inhalers run close to one hundred
dollars. She expressed concern with children carrying Epipens®,
however school nurses report they have not had trouble with
abuse, although there are instances of sharing. The side effects
of albuterol are minimal unless the person suffers from a heart
condition. The Anchorage school districts do have Epipen®
backups.
9:12:08 AM
MS. SENNER admitted the Alaska Nurses Association has a problem
with the definition of healthcare provider. The problem with
adding pharmacists is they do not have personal knowledge of the
child. She suggested restricting the description of healthcare
provider to those people who legally have the authority to
diagnose and treat.
9:13:54 AM
MS. SENNER suggested leaving out licensed nurse and pharmacists.
SENATOR FRENCH asked whether all inhalers have the same active
ingredient.
MS. SENNER replied the most common are rescue inhalers, which
contain albuterol. There are a variety of others.
SENATOR FRENCH asked which kind would work in an emergency
situation.
MS. SENNER stated albuterol.
SENATOR FRENCH asked the reason children bring inhalers to
school.
MS. SENNER informed albuterol is often taken four times per day
and most other inhalers are twice a day medications.
9:15:59 AM
SENATOR FRENCH asked what kind of emergency inhaler a school
would select.
MS. SENNER affirmed it would be albuterol.
SENATOR FRENCH asked the danger from using someone else's
inhaler.
MS. SENNER said the main thing would be a contagious disease
through the transfer of germs.
SENATOR FRENCH asked whether any children have died because of
asthma attacks.
MS. SENNER replied she is not aware of any.
9:17:33 AM
MS. STEPHANIE BIRCH, chief of the women and children's health
section, Division of Public Health (DPH), offered support for HB
85 and also offered to answer questions.
MS. MARGE LARSEN, American Lung Association of Alaska testified
in support. She reminded the committee not every school in
Alaska has a school nurse. The intent of HB 85 is for school
children have access to their medication. Most people who die
from asthma are mild asthmatics who do not manage their asthma.
Rescue medication is a necessary and critical part of asthma
management.
9:20:12 AM
SENATOR GUESS asked the procedure when a school has no school
nurse.
MS. LARSON advised the medications are locked up in the
principal's office.
The LIO connection was lost and so Chair Seekins announced a
brief recess at 9:22:08 AM.
Chair Seekins reconvened the meeting at 9:42:27 AM.
CHAIR SEEKINS proposed Amendment 1.
Page 2, line 19 after the word "permitted to" insert
"personally" and following the word "nurse" insert "or
other school official".
Hearing no objections the motion carried.
9:44:15 AM
CHAIR SEEKINS proposed Amendment 2.
Page 2, line 25 state "in this section, healthcare provider
means a person with prescriptive authority in this state."
SENATOR GUESS objected for the purpose of discussion. She asked
whether a village health aide would fall under that definition.
MS. BIRCH said a village health aide has delegated prescriptive
authority. She suggested adding wording on line 26 to state
"within their state regulations." This would allow for them to
practice within their occupational licensing regulations.
CHAIR SEEKINS said a pharmacist might be the person best capable
of showing the child how to use the inhaler device.
9:49:48 AM
MR. PAWLOWSKI suggested a pharmacist might attempt to do
something outside their authority, such as write a prescription.
SENATOR GUESS expressed concern the definition of healthcare
provider is being used as a catchall.
9:51:36 AM
CHAIR SEEKINS withdrew Amendment 2 and proposed Amendment 3,
which defines healthcare provider. Hearing no objection, the
motion carried.
9:52:32 AM
SENATOR HUGGINS moved Amendment 4, which inserts a permissive
requirement that medication must be kept with a designated
school official. Hearing no objections, the motion carried.
9:54:41 AM
SENATOR GUESS inferred the committee should clarify HB 85 in
regards to public versus private school.
MR. PAWLOWSKI referred to a legal memo included in the packet
dated April 6, 2005 from legislative legal. There is a concern
that the word school is not specific enough. It is problematic
for the state to require a private school to do anything. It is
limited under AS 14.45.100. The sponsor suggested inserting the
word "public" to clarify.
CHAIR SEEKINS moved Amendment 5, insert the word "public."
SENATOR THERRIAULT objected for the purpose of discussion.
9:57:47 AM
SENATOR GUESS noted the drafter might have had a reason not to
specify public school.
MR. PAWLOWSKI admitted that was true. The drafter described it
as not expressly necessary.
10:02:30 AM
SENATOR THERRIAULT suggested asking the drafters for a memo
clarifying the intent that HB 85 addresses public schools and
not private schools.
10:05:11 AM
CHAIR SEEKINS announced he wanted to be on record that it was
not his intent to force private schools to adhere to HB 85.
10:06:38 AM
Amendment 5 was adopted.
CHAIR SEEKINS announced the committee would wait for a clean
version of the amended bill before going further.
HB 88-CRIM LAW: MINORS, SCHOOLS, DRUGS, SENTENCES
10:08:26 AM
CHAIR SEEKINS announced HB 88 to be up for consideration.
MS. ANNE CARPENETI, Department of Law (DOL) introduced HB 88,
which is designed to respond to the problems of violence in
schools and also violence among juveniles relating to guns.
Under HB 88 juveniles who are 16 or 17 years old who use guns in
certain circumstances would be automatically waived to adult
court. Those circumstances are; using a gun during a drug felony
crime and drive by shootings. The court may mitigate a sentence
for a defendant who has cooperated with the authorities in the
prosecution of the case.
The definition of recreation or youth center has been changed to
add those run by private groups. HB 88 makes the aggravating
factor apply to arson (AS 11.46.400) but the committee would
have to amend it to include a building on school grounds if they
want the arson aggravating factor to stay.
10:12:51 AM
MS. CARPENETI asserted arson against a school building should be
considered.
10:13:06 AM
MS. PATTY WARE, director, division of juvenile justice, (DJJ)
Department of Health and Social Services (DHSS) offered to
answer questions. HB 88 adds offenses for juveniles who are age
16 and older in terms of them being processed and treated as an
adult.
CHAIR SEEKINS said HB 88 sounds strangely familiar.
SENATOR THERRIAULT advised it was similar to SB 65. He moved to
Amendment 1.
Strike Section 1.
Hearing no objections, Amendment 1 carried.
Chair Seekins announced a brief recess at 10:15:37 AM.
Chair Seekins reconvened the meeting at 10:19:59 AM.
CHAIR SEEKINS and the committee reviewed CSSB 65(JUD).
SENATOR FRENCH commented HB 88 focuses on juveniles who perform
adult-type crimes.
10:24:01 AM
SENATOR FRENCH said HB 88 is the more likely vehicle to pass
legislation this term. He suggested replacing Section 3 of HB 88
with Section 1 of CSSB 65(JUD).
SENATOR THERRIAULT commented the only difference is the issue of
arson. HB 88 Section 3 added AS 11.46.400, which is problematic.
MS. CARPENETI stated the problem would be fixed by an amendment.
SENATOR THERRIAULT asked whether the committee wants to delete
arson or confine it to arson against school buildings.
SENATOR FRENCH asserted arson against school property was a
problem in his community.
10:25:08 AM
MS. CARPENETI said in order to leave arson in HB 88 the
committee would have to limit it to school buildings on school
grounds or school busses.
SENATOR FRENCH moved Amendment 2.
Strike HB 88 Section 3 and insert CSSB 65(JUD) Section 1.
Hearing no objections, Amendment 2 was adopted.
10:26:42 AM
SENATOR FRENCH proposed Amendment 3, which adds arson. Hearing
no objections, Amendment 3 was adopted.
10:29:07 AM
SENATOR FRENCH asked Ms. Carpeneti whether the DOL supports the
mitigater.
MS. CARPENETI replied yes.
SENATOR THERRIAULT asked Ms. Carpeneti to comment on the
difference in HB 88 and CSSB 65(JUD) in regards to first and
second-degree weapon use.
10:31:43 AM
MS. CARPENETI said CSSB 65(JUD) included both first and second-
degree misconduct involving weapons. HB 88 would not waive for
certain behavior, such as possessing a concealed weapon on
school grounds and behavior with discharging of a firearm at or
in the direction of a building with reckless disregard for
physical injury to a person or a dwelling.
SENATOR THERRIAULT asked whether the DOL agreed to the narrowing
of the statute.
MS. CARPENETI advised they spoke against it.
SENATOR THERRIAULT asked the reasoning.
MS. WARE interjected to explain the thinking had to do with what
Senator French mentioned earlier - the decision to waive
juveniles into adult court. The discussion centered on the
seriousness of second degree versus first degree and possession
versus actually using a gun during a crime. In terms of the
numbers, in a two-year period the DJJ reported 16 juveniles were
charged with misconduct involving weapons in the first degree
and the second degree. Under the narrower version, the DJJ would
have waived five of these juveniles into the adult system. Under
the broader definition, all 16 juveniles would have been waived
into adult court.
10:34:18 AM
SENATOR GUESS asked Ms. Ware whether the DJJ has the discretion
to waive cases into the adult system.
MS. WARE replied they do under the existing statutes any offense
that is deemed serious enough they connect with the district
attorney's office and petition the court for a waiver of the
individual into the adult court system.
SENATOR FRENCH clarified HB 88 allowed for an automatic waiver.
MS. CARPENETI interjected the argument on the other side is that
an automatic waiver is a serious step, so they decided it best
to best to start with the first degree offense and later look
into second degree.
SENATOR THERRIAULT agreed with the narrower scope.
SENATOR THERRIAULT asked for clarification on Section 1,
subparagraph (B). He wondered whether an after school swim club
at a local gym would be included.
MS. WARE explained the key word in Section 1, subparagraph (B)
is "licensed". The DHSS licenses an array of facilities for
shelter services for children. The example given would not be
covered.
SENATOR THERRIAULT asked about a boys and girls club.
MS. WARE responded they were not licensed.
10:38:53 AM
CHAIR SEEKINS announced the committee would wait for a clean
version of the amended bill before going further.
CHAIR SEEKINS recessed the Senate Standing Judiciary Committee
until 4 pm April 23, 2005 at 10:41:51 AM.
| Document Name | Date/Time | Subjects |
|---|