Legislature(2021 - 2022)BUTROVICH 205
03/08/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB65 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 65 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 8, 2021
1:32 p.m.
MEMBERS PRESENT
Senator Lora Reinbold, Chair
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Alaska Police Standards Council
Ed Mercer - Juneau
Joseph White - Ketchikan
Jennifer Winkelman - Juneau
Justin Doll- Anchorage
Larry Nicholson - Kodiak
Gregory Campbell - Palmer
- CONFIRMATIONS ADVANCED
SENATE BILL NO. 65
"An Act relating to immunity for consulting physicians,
podiatrists, osteopaths, advanced practice registered nurses,
physician assistants, dentists, optometrists, and pharmacists."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 65
SHORT TITLE: LIABILITY CONSULTING HEALTH CARE PROVIDER
SPONSOR(s): SENATOR(s) KIEHL
02/03/21 (S) READ THE FIRST TIME - REFERRALS
02/03/21 (S) HSS, JUD
02/16/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/16/21 (S) Heard & Held
02/16/21 (S) MINUTE(HSS)
02/18/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/18/21 (S) OPIOID OVERDOSE DRUGS
02/19/21 (S) HSS RPT CS 3DP 1NR NEW TITLE
02/19/21 (S) DP: WILSON, BEGICH, HUGHES
02/19/21 (S) NR: REINBOLD
03/05/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/05/21 (S) -- MEETING CANCELED --
03/08/21 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
ED MERCER, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
JOSEPH WHITE, Appointee
Alaska Police Standards Council (APSC)
Department of Public Safety (DPS)
Ketchikan, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
JENNIFER WINKELMAN, Appointee
Alaska Police Standards Council (APSC)
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
JUSTIN DOLL, Appointee
Alaska Police Standards Council (APSC)
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
SCOTT CAMPBELL, Appointee
Alaska Police Standards Council (APSC)
Department of Public Safety (DPS)
Palmer, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
LARRY NICHOLSON, Appointee
Alaska Police Standards Council (APSC)
Department of Public Safety (DPS)
Kodiak, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
CJ HARRELL, Intern
Senator Jesse Kiehl
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sponsor statement on behalf of
the sponsor of SB 65.
ACTION NARRATIVE
1:32:56 PM
CHAIR LORA REINBOLD called the Senate Judiciary Standing
Committee meeting to order at 1:32 p.m. Present at the call to
order were Senators Myers, Kiehl, and Chair Reinbold.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Alaska Police Standards Council
1:33:50 PM
CHAIR REINBOLD announced consideration of the Governor's
Appointees to Boards and Commissions. She brought up the
appointees to the Alaska Police Standards Council.
1:34:45 PM
ED MERCER, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS), Juneau, Alaska, stated he has
served as a law enforcement officer for 28 years. He worked his
way through the ranks from officer to his current position as
Chief of Police at the Juneau Police Department (JPD). He has
attended thousands of hours of police training during his
career, including basic police procedure, supervision
management, and executive-level command schools. He stated he
holds a Bachelor of Science degree (BS) in criminal justice from
Herzing University. He also graduated from the FBI National
Academy. He said he currently serves on the Alaska Association
of Chiefs of Police and has served on several boards, councils,
committees and task forces. He would like to serve on APSC
because he has a strong desire to serve and has a good
understanding of police professionalism and accountability. He
identified his strengths as critical thinking and methodical
decision-making. He would like to keep Alaska's law enforcement
profession credible by providing uniform standards. He
emphasized the need to create accountability by establishing an
internal system of checks and balances, which can help ensure
that police personnel conduct their duties with integrity and
professionalism.
1:37:02 PM
SENATOR MYERS said some law enforcement officers in his
community contacted him about changes made by the APSC. These
officers expressed concern that some changes were too
restrictive. He asked him to comment.
MR. MERCER acknowledged that some of APSC's proposals reflect
the national trends in police reform and will be beneficial. For
example, one proposal would increase training requirements for
police officers seeking certification in Alaska. Currently, law
enforcement officers do not receive additional training after
their initial training at Sitka's Public Safety Training
Academy. He specifically recalled de-escalation training, which
could be beneficial for all law enforcement officers, helping
them keep up with current trends in law enforcement.
1:39:08 PM
SENATOR MYERS appreciated his comments. He said he is still
researching these concerns.
1:39:15 PM
SENATOR KIEHL expressed concern that the proposed regulations
may affect training costs for small police departments. He asked
if funding would be provided to not adversely impact small
police department budgets.
MR. MERCER agreed that training funds were limited and small
police departments needed assurance that funding will be
provided. He suggested the council needs to think logistically
about where to conduct the training. For example, JPD may hold
training sessions and invite their law enforcement partners in
the region to attend. The APSC intends to provide the required
training statewide.
1:41:27 PM
CHAIR REINBOLD asked if he supported Senate Bill 91 in 2016 and
the bill's repeal during the last legislature.
MR. MERCER responded that Senate Bill 91 had some good aspects.
He acknowledged he had seen a revolving door with police
officers dealing with the same individuals. Some perpetrators
suffer from mental illness or addiction, he said. The general
concept of Senate Bill 91 was to provide opportunities to help
these individuals avoid recurrence of criminal behavior.
However, as Senate Bill 91 progressed, he became concerned about
the bill because treatment programs, work facilities and
diversionary courts were not in place to address those
behaviors. Therefore, people were arrested, did not go to jail
but were put back in communities where they committed more
offenses and victimized people. He recalled testifying to repeal
the bill because treatment systems were not in place.
CHAIR REINBOLD maintained her opposition to Senate Bill 91 due
to increased crime.
1:44:09 PM
CHAIR REINBOLD referred to Senator Gray-Jackson's bill on
uniform standards. She asked him if he supported those
standards.
MR. MERCER answered he was aware of the national move to
establish police reform. He said that banning chokeholds, which
he believes is in SB 1, absolutely should be enforced. He
reported that JPD does not allow chokeholds, but it does allow
some types of carotid-type holds when deadly force is justified.
However, many provisions for police reform are covered in most
police policies and procedures. He suggested that APSC's
regulations and police department policies and procedures can
manage and regulate issues related to police reform.
1:46:54 PM
CHAIR REINBOLD asked what JPD needs to reduce crime.
MR. MERCER answered that the state needs capable, trained
personnel. The state has moved away from sending municipal
police to the Public Safety Training Academy. Instead,
municipalities must fund training. The state needs sound united
policy for habitual offenders within communities in terms of the
criminal justice system. He acknowledged that Juneau had seen a
rise in habitual property offenders.
CHAIR REINBOLD said the committee welcomes his feedback.
MR. MERCER related that law enforcement needs adequate training
to maintain police certification.
1:50:57 PM
JOSEPH WHITE, Appointee, Alaska Police Standards Council (APSC),
Department of Public Safety (DPS), Ketchikan, Alaska, stated he
currently serves as the Chief of Police for the Ketchikan Police
Department (KPD). He graduated from the University of Alaska in
1992. He said he has served on APSC since May 2018 and seeks
reappointment. He offered that he has developed sound judgment
during his 25-year police career at KPD. The APSC's role is to
provide high standards for all law enforcement in Alaska.
Alaska's communities deserve the best and the state needs to
provide the best applicants, employees and services that it can.
1:52:13 PM
CHAIR REINBOLD asked if he publicly supported Senate Bill 91 and
its repeal.
MR. WHITE said he did not publicly support Senate Bill 91. He
recalled that he became the police chief when the bill was
adopted. Although he did not publicly support the repeal, he was
relieved when it was repealed. While Ketchikan did not have the
same issues as Anchorage in terms of auto theft, it experienced
significant property theft and property damage crimes. He said
that citizens had a hard time understanding why the system was
ineffective.
1:53:26 PM
CHAIR REINBOLD asked why he did not support the bill.
MR. WHITE said he was unsure why the administration did not get
involved. He recalled that the department worked with the police
union. He said he appreciated the work that the legislature put
in.
1:54:17 PM
CHAIR REINBOLD asked what KPD would need to reduce crime.
MR. WHITE responded that the district attorney's office is often
overwhelmed. He suggested hiring additional staff could help
alleviate staffing needs. He echoed Chief Mercer's statement
that it is important to have highly trained, dedicated officers.
Currently, he is trying to hire three officers but only received
two offers applied for the job. He emphasized the need for
officers, but they need to be the right officers and these
officers must be properly trained.
1:57:01 PM
JENNIFER WINKELMAN, Appointee, Alaska Police Standards Council
(APSC), Department of Public Safety (DPS), Juneau, Alaska,
stated she currently serves as Director of Pretrial, Probation
and Parole, Department of Corrections (DOC). She related that
she earned a degree in criminal justice from the University of
Alaska Fairbanks (UAF). In response to Senator Shower's general
question for applicants, she responded that she does not have a
criminal record or any surprises that would surface in a
background check.
MS. WINKELMAN said she has served in the APSC's correctional
administrative officer position for about two years. She would
like to continue to serve on the council to maintain
professionalism and integrity within the law enforcement
community. She offered her belief that her personality and
experience will continue to be an asset to the council. She said
she has been fair and impartial in her deliberations that impact
officers and communities. She explained that she considers the
facts and formulates her decisions based on any overarching
situations and the safety of Alaska's communities.
MS. WINKELMAN added that because of her experience in management
in rural Alaska, she recognizes their challenges, but police
agencies must also maintain a level of professionalism
throughout Alaska. She emphasized the necessity to ensure that
Alaska has the most qualified law enforcement officers serving
its communities. She added that she would like to help ensure
that Alaska's law enforcement certification process requires
best practices and to help restore faith when cases of
misconduct come before the council.
2:00:07 PM
CHAIR REINBOLD asked if she publicly supported Senate Bill 91
and the law's repeal.
MS. WINKELMAN answered that she was not publicly supportive of
Senate Bill 91, but she actively worked to repeal the law.
2:00:40 PM
SENATOR MYERS related his understanding that the Department of
Corrections has had issues hiring and retaining correctional
officers. He asked what her role was on the council regarding
standards that may create barriers to hiring correctional
officers. He asked what she could do to make it easier to hire
officers.
MS. WINKELMAN answered that she works to ensure she has a voice
on the council as a correctional representative. She said
recruitment and retention issues for correctional officers is
parallel to recruitment and retention for probation and parole
officers and law enforcement officers. The council must consider
regulations and certification standards for officers that do not
impose unnecessary barriers.
2:02:07 PM
CHAIR REINBOLD related that she has been getting pressure from
her communities to help reinstate visitors at the Hiland
Mountain Correctional Facility, which was put on hold due to
COVID-19.
MS. WINKELMAN said the Department of Corrections has actively
worked to reestablish visitors. She acknowledged the importance
of family members to have contact with inmates.
2:04:06 PM
JUSTIN DOLL, Appointee, Alaska Police Standards Council (APSC),
Department of Public Safety (DPS), Anchorage, Alaska, stated
that he has served as Chief of Police for 4 of the 24 years he
has served on the Anchorage Police Department. He said he served
on the APSC for two years and sought reappointment to the
council. He would like to continue to serve to allow law
enforcement leadership to have a voice in upholding the
standards for law enforcement officers throughout Alaska. This
is especially important as law enforcement agencies across the
country face challenges and transformation of the profession, he
said.
2:05:17 PM
SENATOR MYERS asked for his view regarding the new APSC
standards issued several weeks ago.
MR. DOLL responded that he was familiar with some of the
regulations being proposed. However, the standards related to
the conduct and operations of law enforcement officers in the
state essentially mirror APD's current practices. He said he
does not have any concerns about APD's operations.
MR. DOLL echoed Chief Mercer's concerns about costs to smaller
police agencies and offices related to training officers to
specific standards, developing policies, tracking and reporting
use of force data. He said he was not aware of any philosophical
objections, but agencies were more concerned about keeping up
with the requirements. The council is always worried about
adequate officer training. However, the financial allocation to
the council has been declining in recent years which makes
funding training more challenging. He related that the council
previously provided funding to send officers to Sitka's Public
Safety Training Academy. The APSC stopped offering this training
because it lacked sufficient funding. He encouraged the
legislature to consider the cost to agencies subject to the
regulations. The APSC is very conscious of burdening small
police departments, he said. During his service on the council,
he has been interested in learning about the challenges in rural
Alaska, including how their police departments' function, their
challenges to recruit and hire police officers and how to
provide officer training. For example, if APD sends one of its
450 officers for training, it has little impact on the agency,
but small agencies sending one of its three officers for
training means it loses 33 percent of its workforce. He related
that small police agencies face different challenges.
2:08:25 PM
SENATOR KIEHL asked whether he was familiar with all of the
regulations the APSC put out for public comment.
MR. DOLL replied that what he meant to say was he is not
familiar with all bills before the legislature related to law
enforcement. However, he is familiar with the APSC's
regulations, he said.
SENATOR KIEHL asked if he was looking for employment outside of
Alaska.
MR. DOLL answered that he plans on retiring from APD in June. He
acknowledged that he would not likely serve his full term. He
said he has made that clear to the governor's office. However,
the governor's office has asked him to continue with the
reappointment.
2:09:34 PM
CHAIR REINBOLD asked if he supported Senate Bill 91 or the bill
to repeal it.
MR. DOLL answered that he was not involved with either bill. He
explained that he was not the police chief at the time, but he
did provide information to the legislature on the types of
criminal activity in Anchorage. He said he generally tries to
remain apolitical.
2:10:46 PM
CHAIR REINBOLD said she was very disappointed to hear this. She
offered her belief that it is his duty and responsibility as
police chief to weigh in. She reported that her number one goal
as a senator was to repeal Senate Bill 91. She asked what can be
done to drive down criminal activity in Anchorage.
MR. DOLL responded that he was encouraged at some recent
successes. He reported that in 2020, homicides were down 50
percent and property crimes were down 40 percent compared to
2017. He said that Anchorage wants to stay on track. He offered
his appreciation for the funding for APD to add officers and
programs. He said he hoped for parallel support for partner
agencies, including the Department of Corrections, Department of
Law, district attorneys and prosecutors. He related that the
police department is often the first point of contact for those
with behavioral issues. However, there are lots of people
downstream that interact with that person. He emphasized the
need for behavioral health programs, including support for
substance abuse to minimize the impact that those with
behavioral health issues have on communities.
2:13:26 PM
CHAIR REINBOLD encouraged him to make an exit report to inform
local legislators what the legislature can do to drive down
crime. She remarked that she was pleased overall with the APD.
2:14:43 PM
SCOTT CAMPBELL, Appointee, Alaska Police Standards Council
(APSC), Department of Public Safety (DPS), Palmer, Alaska,
stated that he just recovered from COVID-19. He related that he
has been an Alaska resident since 1969. He served as an Alaska
State Trooper for about 12 years, then worked for the North
Slope Borough, retiring as Chief of Police. He stated that he
previously served on the council. He expressed his strong
interest in improving rural law enforcement's integrity,
standards, and responsibilities.
2:16:02 PM
CHAIR REINBOLD asked if he publicly supported Senate Bill 91 and
the repeal of the law.
MR. CAMPBELL responded that he was not in an official law
enforcement capacity when the bill passed. He said he did speak
to some assistant attorneys general and prosecutors. He offered
his belief that Senate Bill 91 was established as a cost savings
measure, which was an important goal, but it turned out to be a
disaster. He said he strongly supported the repeal.
CHAIR REINBOLD asked what could be done to reduce crime.
MR. CAMPBELL responded that training law enforcement and
providing ongoing training would help maintain professionalism.
He offered his belief that, as a whole, law enforcement agencies
in Alaska have an excellent reputation in the Lower 48. He
emphasized that he would like to maintain it.
CHAIR REINBOLD said she welcomed comments on improving the
criminal justice system in Alaska. She thanked him for his
interest in serving.
2:19:42 PM
LARRY NICHOLSON, Appointee, Alaska Police Standards Council
(APSC), Department of Public Safety (DPS), Kodiak, Alaska,
stated he has worked for the Alaska State Troopers since 1994,
starting as a technician with the Alaska Department of Fish and
Game (ADF&G). In 2014, he took a position with the Alaska
Wildlife Troopers in Kodiak, he said. He stated that he has
lived in various communities throughout the state.
2:21:01 PM
CHAIR REINBOLD asked him why he would like to serve on the
board. She further asked if he publicly supported Senate Bill 91
and the bill to repeal it.
2:21:13 PM
MR. NICHOLSON expressed his interest in serving because he would
like to uphold law enforcement standards in Alaska. He stated he
has served as an instructor at the Public Safety Training
Academy in Sitka. He emphasized his support for the level of
training for law enforcement at the academy. As an instructor
and a member of APSC, he would like to ensure that law
enforcement standards are upheld.
2:22:15 PM
MR. NICHOLSON related that as a sergeant, he was neutral on
Senate Bill 91. He acknowledged that the bill made law
enforcement's job more difficult at times. Troopers had repeat
offenders. He admitted that he was not vocal about the repeal.
However, he has been pleased with its repeal, he said.
CHAIR REINBOLD asked what he recommends the state should do to
reduce crime.
MR. NICHOLSON responded that AST are fewer in number. The lack
of law enforcement officers in small communities means that
troopers are placed in a more reactive role. One trooper may be
in charge of four or five villages. He expressed his gratitude
for the Village Police Officers (VPOs) and Village Police Safety
Officers (VPSOs).
2:25:32 PM
CHAIR REINBOLD said she hoped that some of the legislature's
investment for VPOs and VPSOs would help improve the situation.
2:26:39 PM
At ease
2:26:50 PM
CHAIR REINBOLD reconvened the meeting. She opened public
testimony and after first determining no one wished to testify,
closed public testimony on the confirmation hearing for Ed
Mercer, Joseph White, Jennifer Winkelman, Justin Doll, Daniel
Weatherly, Larry Nicholson, and Gregory Campbell.
2:27:10 PM
SENATOR KIEHL stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Alaska Police Standards Council
Ed Mercer - Juneau
Joseph White - Ketchikan
Jennifer Winkelman - Juneau
Justin Doll- Anchorage
Daniel Weatherly - Anchor Point (appointee did not testify so
his name was not forwarded)
Larry Nicholson - Kodiak
Gregory Campbell - Palmer
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
2:27:52 PM
CHAIR REINBOLD said that appointee Daniel Weatherby, Anchor
Point, was not able to testify today so his name was not
forwarded today. She said she hoped to hold his confirmation
hearing soon.
2:27:49 PM
At ease
SB 65-LIABILITY CONSULTING HEALTH CARE PROVIDER
2:29:35 PM
CHAIR REINBOLD reconvened the meeting and announced that the
business before the committee would be SENATE BILL NO. 65, "An
Act relating to immunity for consulting physicians, podiatrists,
osteopaths, advanced practice registered nurses, physician
assistants, dentists, optometrists, and pharmacists." [Before
the committee was CSSB 65(HSS)].
2:29:52 PM
SENATOR KIEHL, speaking as sponsor, introduced his staff, CJ
Harrell, as an intern through the University of Alaska Southeast
and Ted Stevens Institute.
2:30:18 PM
CJ HARRELL, Intern, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, stated that she works as an intern
for Senator Kiehl, sponsor of SB 65. She read the sponsor
statement on behalf of Senator Kiehl:
Within Alaska and other states, health care providers
will seek the knowledge and expertise of fellow
medical professionals to help them understand how to
help their patient in an effective and timely matter.
These conversations may be an official consultation,
but often medical professionals have what are called
"curbside consultations".
This is when a patient's health care provider has an
uncompensated informal consultation with another
medical professional. These consulting medical
professionals are often specialists, and do not have
any relationship with the patient being discussed. It
is a fast and effective way of sharing knowledge and
expertise and in many ways is the backbone of medical
care.
It was not until 2 years ago in Minnesota that a
health care provider who had no relationship to a
patient was forced to defend themselves against a
civil liability case. We fear that by not protecting
those who have no relationship to a patient and are
sharing their expertise through a curbside
consultation, they will no longer feel comfortable
aiding fellow health care providers in this way.
This bill will allow curbside consultations to
continue, but now without the fear of becoming subject
to civil liability for a patient who they have no
relationship to.
2:31:44 PM
SENATOR KIEHL explained that the Senate Health and Education
Committee made two changes to the bill. One change clarified a
vague statement about preparing a report. The other change added
chiropractors to the list of professionals who may give and
receive curbside consultations without the risk of liability
under the bill.
SENATOR KIEHL reviewed the legal principles. He said the
Minnesota Supreme Court case set out a new standard for medical
liability. It did not require a doctor/and patient relationship.
Therefore, it did not require the duty of care, one of the
keystones of liability and torts. The goal of SB 65 is to
preserve how medical malpractice liability has worked in Alaska,
which is not to hold liable health care professionals who have
never given care to patients. He offered his willingness to
discuss the details. He emphasized that is the key to the legal
issues in SB 65
CHAIR REINBOLD related her understanding that care includes
vaccinations.
SENATOR KIEHL answered that any health care professional who has
given shots has a duty of care but would not be covered under
the bill.
2:34:02 PM
the patient is not a current or former patient of the consulting
health care provider or of the consulting health care provider's
practice." He asked why the sponsor did not allow liability to
be removed from a former patient.
SENATOR KIEHL answered that if a doctor treated a patient last
week, they have established a doctor/patient relationship.
SENATOR MYERS said that the timeliness of the visit seemed
relevant. For example, if a doctor has not seen a patient and
three years, he asked if a doctor/patient relationship would
still exist.
2:35:17 PM
SENATOR MYERS referred to page 2, line 23 of SB 65 to the
definition of a health care facility. He said it does not
mention federal hospitals. He noted that hospitals for veterans
in Alaska would not be covered.
SENATOR KIEHL answered that it was not the intent to exclude
federal hospitals. He offered to research it and report back to
the committee.
2:36:08 PM
SENATOR MYERS referred to page 3, line 3 of SB 65. He said was
surprised to see pharmacists listed. He related his
understanding that pharmacists do not enter into the same
relationship as other health care professionals such as doctors
and nurses. He asked for clarification.
SENATOR KIEHL agreed that the relationship is different.
Pharmacists were added to the bill because of the frequency in
which other medical providers consult pharmacists on the best
medication to prescribe for their patients that a practice
within their scope of practice. He pointed out that SB 65 is
written such that the treating physician must treatment within
their scope of practice. While a pharmacist can only work within
their scope of practice, when a pharmacist provides advice to a
doctor, the doctor is the treating physician who maintains the
liability if something goes wrong. Last year, the legislature
added pharmacists to the bill. He emphasized the importance of
health care professionals obtaining expertise from pharmacists
is valuable, such as when a drug is contraindicated.
2:38:52 PM
SENATOR MYERS referred to the fiscal note analysis. He pointed
out that the analysis states that immunity "may" apply instead
of requiring that immunity "shall" apply. He was unsure if the
Department of Law made an error or if it reflects the immunity
in the bill.
2:39:41 PM
SENATOR KIEHL responded that the fiscal note analysis clarifies
the instances in which immunity applies. He agreed that the bill
is not designed to "possibly" set out civil immunity but to
create civil immunity.
[SB 65 was held in committee].
2:41:34 PM
There being no further business to come before the committee,
Chair Reinbold adjourned the Senate Judiciary Standing Committee
meeting at 2:41 p.m.
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