04/01/2015 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB23 | |
| HCR3 | |
| SB82 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 23 | TELECONFERENCED | |
| *+ | SB 82 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HCR 3 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 1, 2015
1:32 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Peter Micciche
COMMITTEE CALENDAR
SENATE BILL NO. 23
"An Act relating to immunity for prescribing, providing, or
administering opioid overdose drugs."
- MOVED CSSB 23(JUD) OUT OF COMMITTEE
CS FOR HOUSE CONCURRENT RESOLUTION NO. 3(RLS)
Urging the governor and the attorney general to pursue all legal
and legislative options to open the coastal plain of the Arctic
National Wildlife Refuge and areas of the Chukchi and Beaufort
Seas to oil and gas exploration, development, and production.
- MOVED SCS CSHCR 3(JUD) OUT OF COMMITTEE
SENATE BILL NO. 82
"An Act relating to mitigating factors at sentencing."
- MOVED SB 82 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 23
SHORT TITLE: IMMUNITY FOR PROVIDING OPIOID OD DRUG
SPONSOR(s): SENATOR(s) ELLIS
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) HSS, JUD
03/18/15 (S) HSS AT 1:30 PM BUTROVICH 205
03/18/15 (S) Heard & Held
03/18/15 (S) MINUTE(HSS)
03/23/15 (S) HSS AT 1:30 PM BUTROVICH 205
03/23/15 (S) Moved SB 23 Out of Committee
03/23/15 (S) MINUTE(HSS)
03/25/15 (S) HSS RPT 3DP 2NR
03/25/15 (S) DP: STEDMAN, ELLIS, GIESSEL
03/25/15 (S) NR: KELLY, STOLTZE
04/01/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HCR 3
SHORT TITLE: ENDORSING ANWR/CHUKCHI/BEAUFORT LEASING
SPONSOR(s): RULES
02/02/15 (H) READ THE FIRST TIME - REFERRALS
02/02/15 (H) RLS
02/09/15 (H) RLS AT 5:00 PM CAPITOL 120
02/09/15 (H) Moved CSHCR 3(RLS) Out of Committee
02/09/15 (H) MINUTE(RLS)
02/11/15 (H) RLS RPT CS(RLS) 6DP
02/11/15 (H) DP: HAWKER, TUCK, CHENAULT, REINBOLD,
KREISS-TOMKINS, JOHNSON
02/11/15 (H) RETURNED TO RLS COMMITTEE
03/11/15 (H) TRANSMITTED TO (S)
03/11/15 (H) VERSION: CSHCR 3(RLS)
03/13/15 (S) READ THE FIRST TIME - REFERRALS
03/13/15 (S) JUD
03/23/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/23/15 (S) Scheduled but Not Heard
03/25/15 (S) JUD AT 1:30 PM BUTROVICH 205
03/25/15 (S) Scheduled but Not Heard
03/30/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/30/15 (S) Scheduled but Not Heard
04/01/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 82
SHORT TITLE: ALCOHOL/SUBST ABUSE PROGRAM MITIGATION
SPONSOR(s): SENATOR(s) MCGUIRE
03/20/15 (S) READ THE FIRST TIME - REFERRALS
03/20/15 (S) JUD, FIN
04/01/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
PAULA COLESCOTT, MD, Addiction Specialist
Providence Breakthrough
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23.
SENATOR JOHNNY ELLIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 23
MATTHEW MOSER, Staff
Senator Johnny Ellis
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 23 on behalf of the sponsor.
KATE BURKHART, Executive Director
Advisory Board on Alcohol and Drug Abuse and
Alaska Mental Health Board
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 23.
KARA NELSON, Director, Haven House;
Executive Committee Member, Juneau Reentry Coalition;
Member, Juneau Recovery Community
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 23.
TOM WRIGHT, Staff
Representative Mike Chenault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HCR 3 on behalf of the sponsor.
GENEVIEVE WOJTUSIK, Staff
Senator McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 82 on behalf of the sponsor.
BILL MICKELSON
24/7 Sobriety Program
South Dakota
POSITION STATEMENT: Testified in support of SB 82.
DENNIS JOHNSON
Alaska Pretrial Services
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 82.
TONY PIPER, Social Services Program Coordinator
Department of Health and Social Services
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 82.
ACTION NARRATIVE
1:32:52 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:32 p.m. Present at the call to
order were Senators Coghill, Costello, and Chair McGuire.
SB 23-IMMUNITY FOR PROVIDING OPIOID OD DRUG
1:33:23 PM
CHAIR MCGUIRE announced the consideration of SB 23. "An Act
relating to immunity for prescribing, providing, or
administering opioid overdose drugs."
1:33:38 PM
DR. PAULA COLESCOTT, MD, Addiction Specialist, Providence
Breakthrough, testifying via teleconference, spoke about
unintentional drug overdoses from prescription opiates and
heroin. [Due to a poor connection, the testimony was
indiscernible. The sponsor noted that Dr. Colescott supported
the legislation.]
1:35:46 PM
SENATOR JOHNNY ELLIS, Alaska State Legislature, sponsor of SB
23, said he and former Senator Dyson talked about the growing
problem of opioid addiction for over a decade. It has reached
epidemic proportions in the state and the problem is growing.
Fatal drug overdoses have increased more than six-fold in the
past three decades and now claim the lives of over 36,000
Americans every year. According to the Anchorage Police
Department, heroin-related overdoses are claiming more young
lives than traffic fatalities. The 2014 Alaska State Troopers'
Drug Report identified an increase in heroin abuse and the
continued use of other opiates as significant concerns for law
enforcement.
He reported that the abuse and overdose epidemic was largely
driven by addiction to prescription opioids such as OxyContin,
Oxycodone, and Vicodin. Because these drugs have grown more
expensive over time, abusers and addicts have sought cheaper
alternatives, such as black tar heroin which is imported to
Alaska by the Mexican drug cartel.
SENATOR ELLIS said that heroin abuse crosses all economic levels
and has left no community untouched. This trend is troubling
because prescription opioids are popular among young Alaskans.
According to 2011 data from the Centers for Disease Control and
the Prevention Youth Risk Behavior Survey, 15.8 percent of
Alaska students reported having used prescription drugs without
a prescription. These drugs are more popular among high school
students than alcohol, tobacco, and marijuana. Fortunately,
opioid overdose is reversible through the timely administration
of the medication Naloxone, but that medication is often not
available when needed. Friends and family members are often the
ones who are best situated to save the life of a person who has
overdosed, but medical professionals are wary of prescribing
Naloxone and lay persons are wary of administering it due to
potential civil liability.
SB 23 removes the civil liability from doctors and trained
bystanders. He expressed hope that Alaska would be the 29th
state to provide this protection. The bill has attracted
bipartisan support along with the Alaska State Medical
Association, the Alaska Police Department Employees Association,
the Alaska Mental Health Trust Authority, the Alaska Mental
Health Board and Advisory Board on Alcoholism and Drug Abuse,
the Narcotic Treatment Center, and countless families and
addicts. He noted that during a previous committee hearing, Rick
Svobodny testified that the Department of Law (DOL) and the
Administration support the legislation.
CHAIR MCGUIRE stated her intention to become a co-sponsor.
1:43:58 PM
SENATOR COGHILL moved to adopt the proposed committee substitute
for SB 23, labeled 29-LS0058\E, as the working document.
SENATOR COSTELLO objected for discussion purposes.
1:44:37 PM
MATTHEW MOSER, Staff, Senator Johnny Ellis, described the
changes in version E. Bill sections 1 and 2 change the
definition of "opioid overdose program" so that it is not
limited to state, federal or municipally funded programs. Sec.
09.65.340(a)(1)(A) authorizes health care providers to prescribe
an opioid overdose drug directly or to a person who is in a
position to administer an opioid overdose drug to a person at
risk of experiencing an opioid overdose. Sec. 09.65.340(a)(1)(B)
authorizes an employee or volunteer of an opioid overdose
program, or other person in a position to administer the opioid
overdose drug, to receive a supply, possess, and supply opioid
overdose drugs to persons at risk of experiencing an opioid
overdose.
SENATOR COSTELLO removed her objection and version E was before
the committee.
CHAIR MCGUIRE asked if the Alaska State Troopers and local
police would be authorized to carry the opioid overdose drug in
their care kits.
MR. MOSER replied it's already a common part of the EMT tool kit
and he suspects this would allow troopers to carry it.
SENATOR COGHILL asked how broad the interpretation will be for
"at risk" in this context.
SENATOR ELLIS replied it's a good question, but it doesn't
matter because there are no negative side effects if a person is
administered Naloxone when they're not in jeopardy of heroin or
opioid overdose.
SENATOR COGHILL asked what it takes to be trained to administer
the overdose drug.
MR. MOSER explained that the drug may be administered as a nasal
spray or by injection that is similar to an EpiPen, which is
commonly used for allergic reactions. The lay person would also
be made aware of the symptoms of an overdose.
SENATOR ELLIS added that the prescription EpiPen with Naloxone
has the injection instructions are on the pen. That is basically
when the training would occur. He said that for years he and
former Senator Dyson pointed out to their colleagues the gross
underfunding of the Methadone clinics in Fairbanks and
Anchorage. Those programs are still underfunded and the waiting
lists are even longer in light of the current epidemic. He said
he's heard from some parents who are taking desperate measures
to help their teenage daughter or son at home because they can't
get them into a treatment program.
SENATOR COGHILL asked what the procedure is for getting a
prescription.
MR. MOSER replied it would be available through a prescription
from a doctor or an opioid overdose reversal program. He offered
to follow up with information from a program in Massachusetts
that reported about 2,000 overdose reversals.
1:55:10 PM
CHAIR MCGUIRE referenced the presentation the committee heard
[on 2/4/15 about medication assisted treatment (MAT),
specifically Vivitrol, to treat opioid addictions. It blocks the
effects of opioids and removes the pleasure index.]
MR. MOSER replied it sounds like a promising tool to address the
addiction itself as opposed to Naltrexone that treats an
overdose.
SENATOR ELLIS added that his staff member Amory LeLake is the
expert and she would follow up with specifics.
CHAIR MCGUIRE said she understands that the group that delivered
the MAT presentation is looking at a million dollar grant for
the treatment of opioid addiction.
SENATOR ELLIS agreed that Vivitrol holds promise for the future.
He noted that a doctor in the MatSu Valley is currently
prescribing Vivitrol within his practice.
CHAIR MCGUIRE said she found it particularly interesting that
someone with an opioid addiction could receive an injection of
Vivitrol when they leave prison and they would be protected from
the craving for 30 days. They wouldn't be looking for their drug
dealer immediately.
SENATOR ELLIS agreed that without treatment in prison or the
community the addict would be looking for their dealer right
away.
1:58:41 PM
KATE BURKHART, Executive Director, Advisory Board on Alcohol and
Drug Abuse and Alaska Mental Health Board, stated support for SB
23 on behalf of the boards. She said the bill speaks directly to
the concerns raised by physicians engaged in medication assisted
treatment to help people recover from opioid addiction. These
physicians asked if it was within their professional ethics to
prescribe this medication when it could be viewed as promoting
illicit drug use. SB 23 provides the guidance these physicians
were looking for. Prescribing this drug is within the scope of
practice to take care of their patients. It will save lives.
2:03:07 PM
KARA NELSON, Director, Haven House, Executive Committee, Juneau
Reentry Coalition, and Member, Juneau Recovery Community,
testified in support of SB 23. She described her personal
history with drug addiction and overdose. She related how
important the drug Naloxone is. She pointed out that addiction
does not discriminate. She testified how important one saved
life is. She said the bill will keep people from worrying about
going to jail for trying to save a life. It is not a criminal
issue. She described her work with Haven House. She stressed
that Narcan is very important to recovery and so is community
support. Vivitrol is a good product but it has to be surrounded
with recovery-oriented systems of care, she said.
2:18:27 PM
CHAIR MCGUIRE thanked Ms. Nelson for coming forward.
SENATOR COGHILL referenced page 3, lines 2-3, and noted that an
opioid overdose drug may be prescribed directly or by standing
order or protocol to a person at risk. He asked if "protocol to
a person at risk" includes an addict who says he/she is trying
to recover and needs to have the drug available in case of
relapse.
MR. MOSER said that's his understanding. The standing order of
protocol can also relate to a pharmacist who has authority from
a physician to prescribe the drug. He suggested that Ms.
Burkhardt might be able to supplement the answer.
2:20:26 PM
MS. BURKHARDT said her reading of prescription by standing order
or protocol would allow the medical director of a treatment
program to have a standing order that all patients that are
receiving treatment for opioid addiction could receive the
prescription. It would also allow a physician to prescribe the
drug individually.
SENATOR COGHILL expressed satisfaction with the explanation.
SENATOR COSTELLO interpreted the language on page 2, line 13, to
mean that a person who received education and training in the
administration of the drug would not be civilly liable, but an
untrained person who had no training doesn't have that
protection.
MR. MOSER agreed that proper education and training is a
required component of administering the drug.
MS. BURKHARDT added that the training that's anticipated is very
similar to the patient education a person receives for other
prescription medications. She noted that the EpiPen for allergic
reactions was referenced earlier.
SENATOR COSTELLO said she was envisioning a bystander
administering the drug.
MR. MOSER offered his belief that the civil liability is
extended to both the physician and someone who has received
training to administer the drug. He noted that other states have
removed the civil liability altogether. He said it speaks to the
safety of the drug that it's been available in Italy without a
prescription since the 1990s.
CHAIR MCGUIRE described the bill as a first step.
2:26:19 PM
SENATOR COGHILL motioned to report the CS for SB 23(JUD) from
committee with individual recommendations and attached zero
fiscal note.
2:26:51 PM
CHAIR MCGUIRE announced that without objection, CSSB 23(JUD) is
reported from the Senate Judiciary Standing Committee.
2:26:56 PM
At ease
HCR 3-ENDORSING ANWR LEASING
2:27:41 PM
CHAIR MCGUIRE announced the consideration of HCR 3, Urging the
governor and the attorney general to pursue all legal and
legislative options to open the coastal plain of the Arctic
National Wildlife Refuge and areas of the Chukchi and Beaufort
Seas to oil and gas exploration, development, and production.
2:27:58 PM
TOM WRIGHT, Staff, Representative Mike Chenault, introduced HCR
3 on behalf of the sponsor speaking to the following sponsor
statement:
HOUSE CONCURRENT RESOLUTION 3: Urging the governor and
the attorney general to pursue all legal and
legislative options to open the coastal plain of the
Arctic National Wildlife Refuge and areas of the
Chukchi and Beaufort Seas to oil and gas exploration,
development, and production.
House Concurrent Resolution 3 urges the Governor and
the Attorney General to "pursue all legal and
legislative options to open the coastal plain of the
Arctic National Wildlife Refuge and areas of the
Chukchi and Beaufort Seas to oil and gas exploration
and development."
This resolution is being offered in response to
actions taken by the Obama administration that
requests Congress to designate the coastal plain of
ANWR as wilderness and designating 9.8 million acres
in the waters of the Beaufort and Chukchi Seas off
Alaska's coast as off limits to consideration for
future oil and gas leasing.
The Alaska Statehood Act recognized the need for
resource development to ensure the economic viability
of the state; section 6(i) of the Act ensured that the
state would have the right to minerals on land
received from the federal government and 30 U.S.C.
191provides for the sharing of federal royalties with
the state from federal lands in the state.
2:29:58 PM
CHAIR MCGUIRE motioned to adopt Amendment 1, labeled 29-
LS0452\H.1.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATE JUDICIARY COMMITTEE
TO: CSHCR 3(RLS)
Page 1, line 3, following "production":
Insert "; and urging the governor and the
Legislative Budget and Audit Committee to work with
the United States Congress to enact measures necessary
to prevent President Barack Obama and other federal
agencies from implementing regulations that place
landscape characteristic restrictions on the Arctic
National Wildlife Refuge that are equivalent to the
restrictions placed on land given a wilderness
designation"
Page 5, following line 4:
Insert new material to read:
"FURTHER RESOLVED that the Alaska State
Legislature urges the governor and the Legislative
Budget and Audit Committee to work with the United
States Congress to enact measures necessary to prevent
President Barack Obama, the United States Fish and
Wildlife Service, the Department of the Interior, and
other federal agencies from implementing regulations
that place landscape characteristic restrictions on
the Arctic National Wildlife Refuge that are
equivalent to the restrictions placed on land given a
wilderness designation; and be it"
SENATOR COGHILL objected for discussion purposes.
2:30:23 PM
REPRESENTATIVE BOB HERRON, sponsor of HCR 3 explained that the
amendment recognizes the new federal code phrase for wilderness
called "landscape characteristics." The amendment also gives the
Legislative Budget and Audit Committee the authority to hire the
right people to further the intent of the resolution.
2:31:58 PM
SENATOR COGHILL removed his objection.
CHAIR MCGUIRE found no further objection and announced that
Amendment 1 is adopted. Finding no public testimony, she closed
it.
2:32:38 PM
SENATOR COGHILL moved to report CS for HCR 3, as amended, from
committee with individual recommendations [and zero fiscal
note.]
CHAIR MCGUIRE announced that without objection, SCS CSHCR 3(JUD)
is reported from the Senate Judiciary Standing Committee.
SB 82-ALCOHOL/SUBST ABUSE PROGRAM MITIGATION
2:33:05 PM
CHAIR MCGUIRE announced the consideration of SB 82. "An Act
relating to mitigating factors at sentencing."
2:33:31 PM
GENEVIEVE WOJTUSIK, Staff, Senator McGuire, introduced SB 82 on
behalf of the sponsor. She explained that the bill allows a
judge to consider participation in the 24/7 sobriety program as
a mitigating factor at the time of sentencing. She highlighted
that this program is very cost effective at less than $30 per
day, whereas it costs over $140 per day to house an inmate. The
bill has zero fiscal notes from the Alaska Court System and the
Department of Health and Social Services.
2:35:05 PM
BILL MICKELSON, Consultant, 24/7 Sobriety Program, South Dakota,
testified in support of SB 82. He explained that he developed
and implemented the 24/7 program in South Dakota had it's been
operating successfully for about 11 years. He currently is
overseeing implementation in other states and has visited Alaska
several times to discuss implementation. The 24/7 program brings
discipline and SB 82 provides a reward for successful
participation in the program.
CHAIR MCGUIRE observed that it makes sense to give a judge the
opportunity to consider participation in the program as a
mitigating factor. It's a savings to the state, communities, and
families.
2:37:43 PM
DENNIS JOHNSON, Director, Alaska Pretrial Services, testified in
support of SB 82. He described the 24/7 program as revolutionary
to pretrial and the criminal justice system. He shared a story
to illustrate why SB 82 is so important. A young man who entered
the 24/7 program as he awaited sentencing found housing and held
down a fulltime job while meeting the twice daily testing regime
plus three random tests each week. He did this successfully for
almost five months. At sentencing he took ownership for what
he'd done and told the judge what he'd accomplished while he was
out of custody. Because there was no way for the judge to give
him credit for what he'd done, he was sentenced to 90 days
incarceration. He lost his job.
MR. JOHNSON said we're asking people to change their behavior
and when they do they aren't given credit. This flies in the
face of the efforts to reduce the number of nonviolent offenders
in prison and decrease the need to build another prison. He
pointed out the success of the 24/7 program in Anchorage. There
have been just three alcohol fails in 6,544 tests and two drug
fails in 791 tests. He encouraged the members to pass the bill.
CHAIR MCGUIRE thanked Mr. Johnson for the work he does.
SENATOR WIELECHOWSKI expressed appreciation and support for the
work that Mr. Johnson has done for the Anchorage community.
CHAIR MCGUIRE asked Mr. Piper if the Department of Health and
Social Services had taken a position on SB 82.
2:44:26 PM
TONY PIPER, Social Services Program Coordinator, Department of
Health and Social Services (DHSS), said he didn't know if the
department had taken a stand on the bill but they do believe
that the program is working. He echoed Mr. Johnson's testimony
that people on the 24/7 program invest effort to be successful
in the program and it seems logical that they should receive
benefit at sentencing.
2:45:19 PM
CHAIR MCGUIRE found no further testifiers and closed public
testimony.
2:45:36 PM
SENATOR COGHILL motioned to report SB 82 from committee with
individual recommendations and two zero fiscal notes.
CHAIR MCGUIRE announced that without objection, SB 82 is
reported from the Senate Judiciary Standing Committee.
2:46:04 PM
There being no further business to come before the committee,
Chair McGuire adjourned the Senate Judiciary Standing Committee
meeting at 2:46 p.m.