Legislature(2025 - 2026)BUTROVICH 205
04/02/2025 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) State Commission for Human Rights Board of Governors of the Alaska Bar | |
| SB90 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 90 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 2, 2025
1:30 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator Gary Stevens
Senator Löki Tobin
Senator Robert Myers
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
State Commission for Human Rights
Dorene Lorenz Juneau
Jessie Ruffridge Soldotna
- CONFIRMATIONS ADVANCED
Board of Governors of the Alaska Bar
Jedediah Cox Wasilla
- CONFIRMATION ADVANCED
SENATE BILL NO. 90
"An Act relating to the examination and treatment of minors;
relating to consent for behavioral and mental health treatment
for minors 16 years of age or older; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 90
SHORT TITLE: MINOR MENTAL HEALTH: AGE OF CONSENT
SPONSOR(s): SENATOR(s) GIESSEL
02/10/25 (S) READ THE FIRST TIME - REFERRALS
02/10/25 (S) HSS, FIN
03/04/25 (S) HSS AT 3:30 PM BUTROVICH 205
03/04/25 (S) Heard & Held
03/04/25 (S) MINUTE(HSS)
03/20/25 (S) HSS AT 3:30 PM BUTROVICH 205
03/20/25 (S) Moved SB 90 Out of Committee
03/20/25 (S) MINUTE(HSS)
03/24/25 (S) FIN REFERRAL REMOVED
03/24/25 (S) JUD REFERRAL ADDED
03/26/25 (S) HSS RPT 4DP
03/26/25 (S) DP: DUNBAR, CLAMAN, TOBIN, GIESSEL
04/02/25 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
DORENE LORENZ, Appointee
State Commission for Human Rights
Juneau, Alaska
POSITION STATEMENT: Testified as a governor's appointee to the
State Commission for Human Rights.
JESSIE RUFFRIDGE, Appointee
State Commission for Human Rights
Soldotna, Alaska
POSITION STATEMENT: Testified as a governor's appointee to the
State Commission for Human Rights.
JEDEDIAH COX, Appointee
Board of Governors of the Alaska Bar
Wasilla, Alaska
POSITION STATEMENT: Testified as a governor's appointee to the
Board of Governors of the Alaska Bar.
SENATOR CATHY GIESSEL, District E
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 90.
PAIGE BROWN, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 90.
TREVOR STORRS, President and Chief Executive Officer
Alaska Children's Trust
Anchorage, Alaska
POSITION STATEMENT: Presented invited testimony in support of
SB 90.
LANCE JOHNSON, Chief Operating Officer
Alaska Behavioral Health Association
Talkeetna, Alaska
POSITION STATEMENT: Presented invited testimony in support of
SB 90.
HEATHER IRELAND, Executive Director
Anchorage School Based Health Centers
Anchorage, Alaska
POSITION STATEMENT: Presented invited testimony in support of
SB 90.
NATALIE NEWMAN, Vice-Chair
Emerging Leaders Youth Advisory Council
Tanana Chiefs Conference Region
Rampart, Alaska
POSITION STATEMENT: Testified in support of SB 90.
MACKENZIE ENGLISHOE, Chair
Emerging Leaders Youth Advisory Council
Fort Yukon, Alaska
POSITION STATEMENT: Testified in support of SB 90.
ALLYONNA MANDREGAN, Member
Emerging Leaders Youth Advisory Council
Beaver Village, Alaska
POSITION STATEMENT: Testified in support of SB 90.
STEVEN PEARCE, Director
Citizens Commission on Human Rights
Seattle, Washington
POSITION STATEMENT: Testified in opposition to SB 90.
JAMES BIELA, Field Ambassador
Alaska Chapter at American Foundation for Suicide Prevention
Bethel, Alaska
POSITION STATEMENT: Testified in support of SB 90.
ACTION NARRATIVE
1:30:36 PM
CHAIR CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:30 p.m. Present at the call to order were
Senators Myers, Kiehl, and Chair Claman. Senators Stevens and
Tobin arrived shortly thereafter.
^CONFIRMATION HEARING(S) STATE COMMISSION FOR HUMAN RIGHTS BOARD
OF GOVERNORS OF THE ALASKA BAR
CONFIRMATION HEARING(S)
STATE COMMISSION FOR HUMAN RIGHTS
BOARD OF GOVERNORS OF THE ALASKA BAR
1:31:07 PM
CHAIR CLAMAN announced the consideration of governor's
appointees to the State Commission for Human Rights.
CHAIR CLAMAN invited Ms. Lorenz, appointee to the State
Commission for Human Rights, to put herself on the record and
begin her testimony.
1:31:41 PM
DORENE LORENZ, Appointee, State Commission for Human Rights,
Juneau, Alaska, testified as a governor's appointee to the State
Commission for Human Rights. She gave a brief overview of her
history and experience.
1:32:53 PM
SENATOR KIEHL said the Commission has a fairly capable Executive
Director. He asked her to discuss staffing levels and whether
the Commission has enough investigators, mediators, and staff
who handle complaints that come in.
MS. LORENZ replied that she felt the Commission has enough
positions. She stated that the Commission does exceptional work
and agreed that the executive director is incredible. She said
that, historically, it took a couple of years to move a
complaint through the office, but the executive director reduced
that timeframe to a couple of months. She noted that if a
complaint takes more than three or four months, it is usually
because the Commission is waiting on someone else. She said the
executive director streamlined and organized the work to
increase the Commission's workload capacity. She conveyed that
the Commission has a bill before the legislature that requests a
fundamental change in the definition of the word "employer." She
explained that the Commission does not have jurisdiction over
nonprofits, which represent a large sector of Alaska's economy,
particularly in the medical field. She said that although the
Commission does not have jurisdiction over Native Corporations
and their medical facilities, many medical facilities and other
nonprofits outside Anchorage lack oversight of how they treat
their employees or clients.
1:34:24 PM
CHAIR CLAMAN remarked that the State Commission on Human Rights
is intended to be nonpartisan and independent. He asked for her
perspective on whether the Commission functions as an
independent body and if she is comfortable with that.
MS. LORENZ replied that, given the Commission's makeup, it
functions fairly well as a quasi-judicial body. She brought up
another Commission request contained in a bill before the
Senate. She said the bill proposes due process for the removal
of commissioners. She stated that, although Alaska had not
historically experienced problems in this area, there is the
possibility that a newly elected governor could dismiss all
commissioners. Then, the governor could potentially replace them
with political appointees who, before going through the
confirmation process, would look the other way while political
friends go after political enemies. She said the Commission
wished to ensure that there was no appearance of impropriety or
opportunity for such conduct. She noted that current Commission
members were appointed by the same governor, so there could be
no claim of finger-pointing or political horseplay occurring.
She stated that the Commission believes the same language that
applies to other quasi-judicial commissions should apply to it
and requested consideration of that legislation.
1:35:50 PM
CHAIR CLAMAN asked whether this appointee is new to the
Commission or has already served for a number of years.
MS. LORENZ replied that she is a new appointee and, within five
minutes, was elected as chair.
CHAIR CLAMAN asked how long the appointee has served on the
Commission.
MS. LORENZ replied that she has served on the Commission for two
months, one of which was as chair.
1:36:27 PM
CHAIR CLAMAN announced Senator Stevens joined the meeting.
1:36:31 PM
CHAIR CLAMAN invited Ms. Ruffridge, appointee to the State
Commission for Human Rights, to put herself on the record and
begin her testimony.
1:36:53 PM
JESSIE RUFFRIDGE, Appointee, State Commission for Human Rights,
Soldotna, Alaska, testified as a governor's appointee to the
State Commission for Human Rights. She gave a brief history of
her background and experience.
1:38:23 PM
SENATOR TOBIN joined the meeting.
1:42:35 PM
CHAIR CLAMAN asked for her perspective on whether the Commission
functions independently and how well it functions as an
independent body.
MS. RUFFRIDGE replied yes, it does. She said previous to her
appointment, the Commission experienced a lot of upheaval and
disruption. She expressed appreciation to fellow members and
believes the Commission on which she serves has a great, solid
group of people that perform their duties well.
1:43:37 PM
CHAIR CLAMAN announced the consideration of Jedidiah Cox,
governor appointee to the Board of Governors of the Alaska
Bar.
CHAIR CLAMAN invited Mr. Cox to put himself on the record and to
begin his testimony.
1:43:57 PM
JEDEDIAH COX, Appointee, Board of Governors of the Alaska Bar,
Wasilla, Alaska, testified as the governor's appointee to the
Board of Governors of the Alaska Bar. He gave a brief history of
his experience and background.
1:45:48 PM
CHAIR CLAMAN asked how long is a term on the Board of Governors
of the Alaska Bar.
MR. COX replied that it is 3 years.
CHAIR CLAMAN sought confirmation that the appointee finished two
3-year terms, and this is his third nomination.
MR. COX replied yes.
1:46:11 PM
CHAIR CLAMAN opened public testimony on the governor's
appointees; finding none, he closed public testimony.
1:46:46 PM
CHAIR CLAMAN solicited a motion.
1:46:48 PM
SENATOR KIEHL stated that [in accordance with AS 39.05.080,] the
Senate Judiciary Standing Committee reviewed the following names
and recommends the appointments be advanced to a joint session
for consideration:
State Commission for Human Rights
Dorene Lorenz Juneau
Jessie Ruffridge Soldotna
Board of Governors of the Alaska Bar
Jedediah Cox Wasilla
SENATOR KIEHL reminded members that signing the report(s)
regarding appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees; the nominations are merely advanced to the full
legislature for confirmation or rejection.
1:47:16 PM
CHAIR CLAMAN stated that the names of the appointees will
advance to the joint session.
1:47:18 PM
At ease.
SB 90-MINOR MENTAL HEALTH: AGE OF CONSENT
1:48:53 PM
CHAIR CLAMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 90 "An Act relating to the
examination and treatment of minors; relating to consent for
behavioral and mental health treatment for minors 16 years of
age or older; and providing for an effective date."
CHAIR CLAMAN said this is the first hearing of SB 90 in the
Senate Judiciary Committee. He invited the bill sponsor to put
herself on the record and present her bill.
1:49:14 PM
SENATOR CATHY GIESSEL, District E, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 90, introduced her bill, which is
paraphrased below:
This bill would lower the age of consent for minors
for behavioral health services. Mr. Chairman, this
bill comes from data and from experience. Mr.
Chairman, I am an advanced practice registered nurse,
board certified in family practice. I have worked in
school based clinics in rural Alaska as well as urban
Alaska, that being the Anchorage School District, that
is what motivated me to offer this piece of
legislation. While I provide physical health services
for students in schools, I also screen for behavioral
health needs, suicide, depression, anxiety. Since
COVID, the incidence of students with these kinds of
symptoms has just multiplied. It's indescribable. It's
so, so rampant these days.
Here's what I realized in the practice of my
profession. When I encountered a student with these
kinds of symptoms, evidenced on a screening tool, I
would ask them, would you like to speak to someone
about these concerns that you have. We have clinical
services here in the school. You can talk to them
during the school day. They could help you manage the
feelings of depression, anxiety, whatever. And very
commonly, the students would say yes. But then, I
would have to say to them, okay, we need to contact
your parents and get consent from your parents. At
that point, their faces would fall, oh, my parents
will never give consent. Data shows, at least from the
Anchorage School District data collection, that only
about a third of the parents of students who are
referred for behavioral health services actually give
consent. That's a really low number, and yet, here I
am speaking to a student that saysyes, I need help
and I can't refer them. So, that is what motivated me
to offer this piece of legislation. We need to be able
to help these students.
1:51:52 PM
SENATOR GIESSEL continued the introduction of SB 90.
We know that the average age of the onset of mental
health issues is 14 years of age. That's the age of
the students that I am predominantly serving in middle
schools: 14. And yet, they can't access services
without parental consent. Suicide is the second
leading cause of death nationally for students aged 15
to 34. Twenty-three percent of Alaska high school
students have considered suicide in 2023; that is the
data that we have. Forty-three percent of Alaska
students report feeling sad or hopeless, again, 2023
data. Alaska ranks number three in the U.S. for youth
suicide.
Parental consent creates a barrier. Why won't parents
consent? Sometimes it's stigma. In a small community,
word gets around. People are concerned that others
will know their child had a reason for mental health
services. So, there's stigma. Sometimes parents just
don't understand. They haven't actually had that level
of conversation with their student, or there's some
barrier between them, and the parents simply don't
understand how serious the issue is.
So, by lowering the age of consentwe would be
lowering it to age 16there are limitations in the
bill, such as:
• Only five sessions.
• 90 minutes per session.
• No medications can be offered to the students.
• After five sessions, to continue, the clinical
provider needs to reach out to the parents and seek
consent after consulting with the student.
1:53:54 PM
SENATOR GIESSEL continued the introduction of SB 90.
There are caveats in the bill that we can go through
when we go through a sectional, but we limit it to
five sessions and no medications. We also require the
clinician to document what happens in the sessions and
to confirm that they have tried to reach the parents
after those five sessions. Early Intervention, we
know, reduces the incidence of attempted suicide and
other crisis escalation, but it also reduces the
incidence of substance abuse and other negative
behaviors by these students. So, supporting SB 90 is
supporting teen mental health, it:
• Allows students to make these decisions for
themselves.
• Increases their sense of responsibility and self-
esteem.
• Will help prevent issues like substance abuse and
attempted suicide.
• Is critical to meeting the needs of our Alaska
students.
There was a study done, a report, and it talked about
what can we do to address these concerns of students
and the attempted suicides that we are seeing. The
five policy recommendations were to:
• Fund public education we're working on that.
• Recruit and retain qualified educators.
• Invest in student mental health, increase funding
for mental health professionals.
• Support universal mental health screening and early
intervention.
• Fund professional development in the mental health
field, in first aid, and trauma informed practices.
So, you can see how this bill fits into those
recommendations. And so, with that, I am happy to take
questions.
1:56:04 PM
PAIGE BROWN, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, paraphrased the following sectional
analysis for SB 90:
[Original punctuation provided.]
Senate Bill 90
Sectional Analysis (Version A)
"An Act relating to examination and treatment of
minors; relating to consent for behavioral health and
mental health treatment for minors 16 years of age of
older; and providing for an effective date."
Section 1. Amends AS 25.20.025: Examination and
Treatment of Minors.
This section adds youth who provide documentation
demonstrating they are an unaccompanied homeless minor
to the list of minors who can consent to medical
treatment.
This section would add behavioral and mental health
services to the list of services an unaccompanied
homeless minor, a minor living apart from their
parents or legal guardian, and a minor who is the
parent of a child, are able to consent to.
1:56:24 PM
MS. BROWN continued the sectional analysis on SB 90:
Section 2. Adds new subsections to AS. 25.20.025:
Examination and Treatment of Minors.
This section adds new subsections relating to
documentation required by homeless unaccompanied
minors for the purposes of giving consent.
The documentation must state that the minor is:
1. 16 years of age or older
2. Does not have a fixed, regular, adequate
nighttime residence; and
3. Is not in the care and physical custody of a
parent or guardian,
And the document must be signed by:
1. A director or designee of a director of a
governmental or nonprofit entity that receives
funds to provide assistance to those who are
homeless;
2. A local educational agency liaison for homeless
youth, a local educational agency foster care
point of contact, or a licensed clinical social
worker employed by a school in the state;
3. An attorney that represents the minor; or
4. The minor and 2 adults with actual knowledge of
the minor's situation.
1:56:35 PM
MS. BROWN continued the sectional analysis on SB 90:
Section 3. Adds a new section to AS. 25.20: Parent and
Child.
This section would give a minor aged 16 years or older
the ability to consent to receive five 90-minute
sessions of outpatient behavioral or mental health
appointments, without obtaining the consent of the
minor's parent or guardian. A mental health provider
may not prescribe medication without consent of the
parent or guardian. After the fifth appointment, a
provider may continue to provide services to the minor
if:
1. Attempting to get consent from the minor's parent
of guardian would be detrimental to the minor's
well-being by:
a. The behavioral or mental health services are
related to allegations of neglect, sexual
abuse, or mental or physical abuse by the
minor's parent or guardian; or
b. The provider finds that requiring the
consent of the minor's parent or guardian
would cause the minor to reject services,
failing to provide services would be
detrimental to the minor's well-being, the
minor sought services knowingly and
willingly, and the minor has the maturity to
productively participate in services.
2. The provider determines that contacting the
parent or guardian would not be detrimental to
the minor's well-being, the provider has informed
the minor that parental consent is required to
continue services, the provider has made at least
two unsuccessful attempts to contact the minor's
parent or guardian by mail, email, or phone, and
the mental health provider has the written
consent of the minor.
1:58:06 PM
MS. BROWN continued the sectional analysis on SB 90:
If a provider continues treatment due to the belief
that obtaining consent from the minor's parent or
guardian would be detrimental to the minor's well-
being, the mental or behavioral health provider may
continue services with documentation of the
determination in the patient's clinical record,
written consent from the minor, and evaluations every
60 days about if the minor's well-being is continually
in question until either the provider discontinues
services, or the minor turns 18 years of age.
If a mental health provider has decided to continue
services due to the belief that obtaining the parent
or guardians consent would be detrimental to the
minor's wellbeing, they may not contact the minor's
parents or guardian without written consent from the
minor. A provider may not disclose the information to
the parent or guardian if the minor chooses to
discontinue services after being informed that they
must obtain parental consent after 5 sessions. A
provider may deny a minor's parent or guardian access
to any part of the minor's clinical record if the
provider has compelling reasons to deny the parent or
guardian access.
A parent or guardian is relieved of any financial
obligation to pay for services consented to by this
new section.
Nothing in this new section can be taken as an excuse
to remove liability or the person performing
examination or treatment for failure to meet typical
standards of care in the state.
1:58:57 PM
MS. BROWN continued the sectional analysis on SB 90:
Section 4. Amends AS. 47.10.084(c): Legal custody,
guardianship, and residual parental rights and
responsibilities.
This section adds the new section from section 3 to
the list of exceptions of a parent's residual rights
and responsibilities.
Section 5. Amends AS. 47.12.150(c): Legal custody,
guardianship, and residual parental rights and
responsibilities.
This section adds the new section from section 3 to
the list of exceptions of a parent's residual rights
and responsibilities.
Section 6. Effective date.
This section provides for an effective date of
January 1, 2026.
1:59:13 PM
SENATOR MYERS questioned the rationale for the inserted language
on page 1, lines 7 and 8. He asked about the rationale for
inserting those two lines, since, except for the documentation
requirement, the "unaccompanied homeless minor" language in that
subsection already appears to cover that circumstance.
SENATOR GIESSEL replied that the inserted language clarifies
existing statute and Legislative Legal Services recommended it
as clean up language. She did not particularly request that
piece for the bill, rather it was inserted as clean up language
to clarify that section.
2:00:22 PM
SENATOR KIEHL referred to the five behavioral and mental health
appointments, which are not to exceed 90 minutes each. He sought
confirmation that the bill does not create an entitlement to 450
appointment minutes, but instead allows a maximum of five
appointments regardless of their length.
SENATOR GIESSEL answered in the affirmative.
SENATOR KIEHL referred to page 3 of the bill, which cited
exceptions to the requirement that a minor's parent or guardian
must consent for continued treatment. He said it appears that if
a minor's treatment results from a parent's abuse, that
circumstance is an exception to the consent requirement. He
noted that SB 90 also contains a four-part test and said that
situation is separate. He sought confirmation that the
exceptions to the consent requirement are either that the parent
is the abuser or that the minor meets all four parts of the
four-part test.
SENATOR GIESSEL sought confirmation that the question pertains
to page 3, lines 16-24.
SENATOR KIEHL replied yes.
SENATOR GIESSEL confirmed that those are the four criteria that
would allow a provider to continue delivering services without
the parents consent.
2:02:05 PM
SENATOR KIEHL observed that the four-part test is fairly tight
and perhaps appropriate. He asked, in a situation where a minor
meets those criteria and the provider continues to offer mental
health services, whether SB 90 would allow the provider to
prescribe needed medications.
SENATOR GIESSEL replied that SB 90 does not authorize
pharmaceutical treatment for a minor. She said that is not the
bill's intent. She noted that these questions pertain to the
section addressing continued treatment without parental consent.
She emphasized that the ultimate goal of SB 90 is to unite the
parent and child in mental health services for the wellbeing of
the child and, as a ripple effect, for the family as well. She
said the intent is not to find ways to bypass parental consent.
She emphasized that parents need to be involved to support
healthy environments for students.
2:03:31 PM
SENATOR KIEHL agreed that is the goal, although it is not always
achievable. He said his focus is on worst-case scenarios. He
stated that he applauds the bill, which he believes has the
potential to save lives, and he appreciates the clear answer. He
said that on a slightly different point, the sponsor indicated
that the average age for the onset of mental health disorders
experienced in youth is 14. He noted that SB 90 does not begin
at age 14 and asked if there is a reason the bill does not start
earlier.
SENATOR GIESSEL said that is a great question. She referred to a
chart in the committee packet showing the age of consent in
other states. She stated that nearly three-quarters of states
have an age of consent below 18, with many allowing consent at
age 12. She said that although SB 90 is an incremental step, she
would like middle school students to be able to consent. She
acknowledged, however, that there are strongly held views
opposing any consent below the age of eighteen. She therefore
took a middle ground and chose age 16 as the reduced age.
SENATOR KIEHL expressed his belief that the bill is remarkable
and potentially a lifesaving tool. He said it addresses many
situations in which young people will be able to take advantage
of the legislation. He observed that a provider has a very
limited chance of being paid for these services. He said some
providers work for an agency and will be compensated regardless,
but the agency may not be. He stated that SB 90 involves
essential care that may not be remunerated and noted that the
bill does not include a liability shield that sometimes
accompanies charity-care legislation, meaning it is aimed at a
high standard of care. He said that as SB 90 moves forward, he
hopes the sponsor will consider opportunities to extend that
care to more young people.
2:06:52 PM
SENATOR MYERS stated that mental health providers cannot
prescribe medication; however, in Section 1, SB 90 inserts ",
behavioral, mental health" into the permission already given for
medical treatment. He asked whether doctors and nurses already
prescribe medication for minors at age 16.
SENATOR GIESSEL replied that medical and dental services for
homeless 16-year-olds is already authorized in existing statute,
so yes, they could. She pointed out that in SB 90, she is adding
behavioral health services for homeless youth.
2:07:38 PM
SENATOR MYERS sought confirmation that even though a mental
health professional cannot prescribe medication, a teen could
then go to a doctor. If the teen indicated that he or she was
seeing that physician, they could ask the physician to prescribe
the medication.
SENATOR GIESSEL replied that, as she reads the language, it
would apply if the child were homelessthat is, unhoused with no
parent available. She clarified her answer by paraphrasing parts
of Section 1(a) that pertain to homeless minors. She said that
this provision was not something she requested; it was part of
broader cleanup language. She said it appears that there could
be a back door a teen could use; however, she did not request
that piece. She said her part of the bill focuses on students in
schools who are not emancipated minors.
2:08:43 PM
SENATOR MYERS said SB 90 limits the number of appointments to
five, at least initially. He offered a scenario in which a
provider conducts the required assessment and determines that
the test criteria were not met, yet continues to see the teen.
He asked about the potential consequences the provider might
face.
SENATOR GIESSEL replied that consequences are not included in
SB 90.
2:09:11 PM
CHAIR CLAMAN referred to page 3, lines 6-12. He stated that, as
worded, subsection (b) indicates that a provider working in more
of a group-practice setting would need to coordinate with a
supervisor on parental consent decisions. He clarified that his
question does not pertain to a sole provider working in an
office without a supervisor. He expressed his belief that this
is a good idea, but, for the record, asked the bill sponsor to
explain the rationale.
SENATOR GIESSEL replied that it is "belt and suspenders, simply
a second set of eyes on the circumstances.
2:10:02 PM
SENATOR TOBIN said she is a strong advocate because the increase
in student mental health needs has been severe over the last 10
years. She said students testified in the Senate Education
Committee about the challenges they and their classmates face,
and their testimony was very compelling. She said she applauded
the approach in SB 90 and believed it was very prudent. She
noted that the bill sponsor held a license and asked, if she
provided care to someone outside what the law permitted, what
disciplinary action the sponsor would face based on her license
type.
SENATOR GIESSEL replied that a complaint would be filed, an
investigation conducted, and discipline would be administered if
a provider practiced outside their licensed scope.
2:11:19 PM
CHAIR CLAMAN announced invited testimony on SB 90.
2:11:47 PM
TREVOR STORRS, President and Chief Executive Officer, Alaska
Children's Trust, Anchorage, Alaska, presented the following
invited testimony in support of SB 90:
Today, I am testifying in support of SB 90, which
would allow 16 and 17-year-olds the ability to provide
self-consent to receive up to five behavioral health
treatment sessions.
Here at the Children's Trust, we believe in a future
where Alaska's children, youth, and families have the
knowledge, skills, supports, and resources they need
to thrive. Achieving this vision means ensuring that
the next generation of parents has access to the
behavioral health support they need so they can enter
young adulthood as healthy as possible.
SB 90 creates a pathway for 16 and 17-year-olds to
receive behavioral health support in situations where
it might be challenging to obtain parental consent.
This legislation acknowledges the wide variety of
situations our youth find themselves in by carefully
navigating the importance of parents in the treatment
process while also affirming and empowering 16 and 17-
year-olds seeking behavioral health treatment.
2:12:50 PM
MR. STORRS continued his invited testimony on SB 90:
According to KIDS COUNT, in 2024, two out of every
five high school students in Alaska reported feeling
persistently sad or hopeless for an extended period
during the previous year. This number has moved
steadily upward since 2009, increasing almost 60
percent in the past decade.
The option for youth to consent to behavioral health
treatment is a policy choice implemented in states
across the country. Research demonstrates that
allowing youth to self-consent for behavioral health
services can support youth engagement in treatment and
empower youth to make informed decisions, leading to
more effective care.
The policy change in SB 90 seeks to increase youth
access to behavioral health services by balancing
youth autonomy with parental involvement, supporting
Alaska's youth as they seek treatment for their health
and wellbeing.
We support and encourage you to support SB 90. I
appreciate this opportunity to testify today.
2:14:05 PM
LANCE JOHNSON, Chief Operating Officer, Alaska Behavioral Health
Association, Talkeetna, Alaska, presented the following invited
testimony in support of SB 90:
Our association is the trade organization for over 115
community behavioral health providers and stakeholders
in the state. I'm offering my support for SB 90 and
feel this is a very, very important piece of
legislation that's being proposed. Through my many
years of providing behavioral health services for
youth and families in Alaska, I've often been troubled
by the inaccessibility of services for those under 18
years.
Mental health issues, substance use concerns, and
suicide are not confined to any one age group.
Statistics show, such as the [Behavioral Risk Factor
Surveillance System] (BRFSS), the [Youth Risk Behavior
Survey] (YRBS), and emergency room (ER) data, that an
increasing number of people under the age of 18 are
disclosing mental health concerns, including suicidal
ideation and substance issues, to teachers, peers,
caseworkers, and others. In the last YRBS that was
conducted, 22 percent of students disclosed seriously
considering suicide, and 10 percent had attempted it.
Those numbers have remained static or have only
slightly increased over the years. Between 2020 and
June 2024, the age categories presenting at Alaskan
ERs for suicide attempt-related needs were 11 to 14
year olds, followed by 15 to 19 year olds, per 1000
emergency department visits. That's the highest
statistical category of any other age group.
2:15:24 PM
MR. JOHNSON continued his invited testimony on SB 90:
At an agency where I worked for almost 12 years in
rural Alaska, we encountered some really heartbreaking
situations in one year. This one year, we had a nine-
year-old, an 11-year-old, and a 12-year-old commit
suicide, not attempt but complete the action. In that
same span, I had a 16-year-old reach out to me
personally, looking for services, but we,
unfortunately, and through our best efforts, could not
obtain parental consent to proceed. So, while we
looked at other resources and a possible parent
negligence complaint with the Office of Children's
Services (OCS), the youth attempted suicide. I have to
live with that, the family does, and the friends do.
Fortunately, the youth can as well. Upon turning 18,
she was able to enroll in services on her own and now
continues to thrive.
2:16:09 PM
MR. JOHNSON continued his invited testimony on SB 90:
It may be hard to fathom why parents and guardians may
disapprove of allowing their children to engage in
treatment services. This could be a host of reasons,
maybe because their own beliefs or experiences with
behavioral health were adverse. It could be willful
negligence in completing consent, they may not want
their child subjected to the stigma that can be
inherent to public perception, or they might fear the
child will divulge unflattering or damaging
information about them or family members. Furthermore,
a minor may seek behavioral health services to address
the trauma caused by the parents or guardians, but has
no recourse to access services because he or she does
not want the parents or guardians involved. In these
cases, a minor who may desperately seek or need
treatment will remain without services. So, what
happens if they can't get services? Short of becoming
an unfortunate statistic, they end up in crisis,
present to the emergency room, and may be admitted to
inpatient care if available. And I'm not talking about
psychiatric inpatient units. I'm referencing medical
facilities. At my former agency, the hospital was
admitting youth with increasing frequency for
psychosis, suicidal ideation, and other behavioral
concerns.
Let me sum it up this way. If we do not give access to
those under 18 years of age, I would debate whether it
could be lower than 16, but I'm very happy with 16 in
the absence of anything else. We're going to continue
to see this trend escalate with suicide completions
and substance abuse increasing. And so, I
wholeheartedly encourage you to pass this.
2:17:53 PM
HEATHER IRELAND, Executive Director, Anchorage School Based
Health Centers, Anchorage, Alaska, presented the following
invited testimony in support of SB 90:
For over 10 years, I have served as Executive Director
of Anchorage School Based Health Centers, a division
of Christian Health Associates.
Thank you for the opportunity to comment on the
importance of SB 90. If you want to make a difference
for adolescent mental health, you will pass this bill.
I was thrilled to see that SB 90, this bill, was being
brought forward, allowing 16 and 17-year-olds to
access behavioral health services, even for a limited
number of sessions, has the potential to make a huge
difference in their lives.
2:18:24 PM
MS. IRELAND continued her invited testimony on SB 90:
We are grateful for the volunteer services Senator
Giessel has provided. She spoke eloquently and
comprehensively about the need for this bill.
Anchorage School Based Health Centers is a nonprofit,
separate from the Anchorage School District, that
operates medical clinics in middle and high schools in
Anchorage, providing care to those who cannot access
it in the community. Parental consent is required for
students to receive medical care from advanced nurse
practitioners and doctors in our clinics. Like medical
providers in the community, we bill Medicaid, private
insurance, and TRICARE, but we also waive fees for
low-income families.
Anchorage School Based Health Centers has served
thousands of students since its inception in 2010.
Similar to providers in the community, our medical
providers screen for many types of risk, and we have
seen increasing numbers of students who exhibit
symptoms of depression, anxiety, and other behavioral
health challenges. Schools often concur with our
initial assessment that some youth are struggling.
Also, we see students who present with a medical
issue, like "belly pain" or insomnia, but it is more
of a psychological issue than a physical issue.
2:19:29 PM
MS. IRELAND continued her invited testimony on SB 90:
More often than not, students are willing to pursue
behavioral health treatment. Unfortunately, parental
consent is a huge barrier for youth to access the care
they desperately need and want. Frequently, youth are
hesitant to ask their parents for treatment. My
observations have been that adults are reluctant to
give permission because of the stigma associated with
mental illness (which the younger generation has moved
past). It can also be logistically challenging for
adults to give consent especially in a school
setting where families are not present. And, finally,
sometimes adults don't want their student discussing
their personal life with a healthcare professional
despite how desperately they need treatment.
Years ago, through my networking with school-based
health programs in other states, I learned that
Colorado lowered its age of consent to 12; previously,
it had been 14 or 16. It was like a lightning bolt:
this is a way we can actually help kids. Sadly, after
many years, Alaska has done nothing to change the
situation. A higher age of consent for mental health
treatment is correlated with a higher suicide rate.
When you look at the rankings of suicide rates, the
three states with the lowest rate of suicide have an
age of consent set at 16. Of the states with the
highest rates of suicide, including Alaska, the age of
consent is 18. Obviously, there are many factors that
influence the suicide rates in Alaska. However,
allowing 16- and 17-year-olds to consent for their own
care would be one tool to help youth. Youth can
connect with a clinician who can assess their safety
and discuss the possibility of involving their parents
in their treatment.
As a parent myself, I would much rather my daughters
access care without my knowledge than suffer the
consequences of untreated mental health issues.
Please pass SB 90. Please help the youth who are
struggling.
2:21:34 PM
CHAIR CLAMAN opened public testimony on SB 90.
2:22:09 PM
NATALIE NEWMAN, Vice-Chair, Emerging Leaders Youth Advisory
Council, Tanana Chiefs Conference Region, Rampart, Alaska,
testified in support of SB 90, stating that the bill speaks to
her. She said she attended all four years and graduated from
Mt. Edgecumbe High School, a boarding school in Sitka. She
explained that the school works with the SouthEast Alaska
Regional Health Consortium (SEARHC) to provide mental health
services to students. She said many students reach out to SEARHC
and receive those services, whereas others reach out and are
unable to obtain them. She attributed this to living away from
home at the boarding school, where the distance between the
school and the village creates a sense of disconnection. She
said that when she attempted to access services, her mother
verbally granted permission, but SEARHC would not accept it and
required a signed document. She stated that the paperwork was
not completed because her parents were in the village, SEARHC
could not reach them, and the village had limited technology.
2:23:50 PM
MACKENZIE ENGLISHOE, Chair, Emerging Leaders Youth Advisory
Council, Fort Yukon, Alaska, testified in support of SB 90. She
said the Council represents 42 communities and expressed
gratitude to the chair for the opportunity to testify on an
important topic that affects her community, her siblings, and
the next generation. She shared that she left home at age 15 and
was not able to be home. She said she struggled with mental
health issues, had depression, and has anxiety, and that she
still has PTSD, which she was diagnosed with at 15. She stated
that her family did not approve of her receiving help because
they did not believe in mental health issues or disorders. She
explained that when she was living outside her home, couch
hopping from house to house and needing someone to talk to, her
family, from whom she was trying to stay away at the time, did
not allow her to speak with anyone. She shared that she made
multiple suicide attempts after that. She emphasized that she is
very lucky to be here, noting that it is becoming more common
for young people to struggle in this way. She expressed her
support for SB 90 and thanked the committee.
2:25:49 PM
ALLYONNA MANDREGAN, Member, Emerging Leaders Youth Advisory
Council, Beaver Village, Alaska, testified in support of SB 90.
She stated that she grew up in a Native community where many of
her family members did not believe mental health issues were
real and viewed them as make-believe. She said that nearly
everyone she knows has mental health issues and experienced them
when they were young. She recalled that during her sophomore
year of high school, three students in her school district
committed suicide. She expressed her belief that if those
students had been able to access services, they could have been
helped.
2:27:20 PM
STEVEN PEARCE, Director, Citizens Commission on Human Rights,
Seattle, Washington, testified in opposition to SB 90. He said
he represents a nonprofit psychiatric watchdog organization that
is concerned about removing informed consent from parents. He
stated that after listening to the testimony, one solution he
suggested is to improve, streamline, and simplify the consent
and approval process in areas where parents are difficult to
reach. He said that while it is appropriate to address behavior
affecting youth and school performance, what seems to be lacking
is a connection with parents. He asserted that going around them
is not the way to proceed. He referenced concerns raised by
long-term professionals in mental health, drawing attention to
Thomas Insel, former director of the National Institute of
Mental Health, who stated:
whatever we have been doing for five decades, it ain't
working...when I look at the numbersthe number of
suicides, the number of disabilities, the mortality
datait is abysmal, and it is not getting any better.
MR. PEARCE said he works in other states and noted that
Washington has a lower age of consent yet has not seen suicide
rates drop. He said that if Alaska is seeking a panacea,
reducing the age of consent will not provide it. He stated that
five counseling sessions are minimal. He asserted, however, that
the intention is to expand mental health services, move toward
further treatment, and open the door to additional involvement.
He said that is how psychiatry and the mental health industry
operate. He suggested strengthening informed consent
requirements and stated that lowering the age of consent to 16
and removing parental involvement would not benefit parents or
youth. He expressed appreciation to the committee.
2:29:57 PM
JAMES BIELA, Field Ambassador, Alaska Chapter American
Foundation for Suicide Prevention, Bethel, Alaska, testified in
support of SB 90. He said that, as an organization dedicated to
preventing suicide and promoting mental health, he believes that
SB 90 is a critical step forward in addressing the mental health
needs of young Alaskans. Suicide remains a leading cause of
death among Alaska's youth. Suicide was the second leading cause
of death for individuals aged 10 to 24, and 20 percent of all
suicides in Alaska occurred among young people in 2023. An
alarming 21 percent of Alaskan high school students reported
that they had planned a suicide attempt in the previous year.
MR. BIELA said he has seen firsthand how barriers to care can
have devastating consequences, recalling an example that
continues to haunt him and the village where he worked. He said
a 15-year-old girl asked for help each month for two years. She
asked for a mental health evaluation to address her past trauma,
including sexual abuse. Her parents refused and told her that
she would get over it. The trauma, coupled with the need to keep
the family secret, eventually became too much for her. At the
age of 17, she took her life. Her parents now regret that
decision, were unable to recognize the depth of her pain, and
that she needed support. He said this tragedy illustrates the
critical need for young people to have the ability to seek
mental health care without unnecessary delays. Many youths
continue to suffer in silence as they cannot get approval from
their parents to get help. It is either due to stigma or family
secrets. He stated that SB 90 includes important safeguards to
protect the wellbeing of minors. He said that 16-year-olds can
consent to engage in sexual activities, drop out of school, and
legally possess a firearm. He asked the committee to support SB
90 and help ensure Alaska's youth have the resources and the
autonomy to protect their mental health. He expressed
appreciation to the committee for their time.
2:32:50 PM
CHAIR CLAMAN closed public testimony on SB 90.
2:33:05 PM
CHAIR CLAMAN held SB 90 in committee.
2:33:43 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:33 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 90 Version A.pdf |
SJUD 4/2/2025 1:30:00 PM |
SB 90 |
| SB 90 Sponsor Statement.pdf |
SJUD 4/2/2025 1:30:00 PM |
SB 90 |
| SB 90 Sectional Analysis Version A.pdf |
SJUD 4/2/2025 1:30:00 PM |
SB 90 |
| SB 90 Supporting Document - Backup Packet.pdf |
SJUD 4/2/2025 1:30:00 PM |
SB 90 |
| SB 90 Letters of Support received as of 3.28.25.pdf |
SJUD 4/2/2025 1:30:00 PM |
SB 90 |
| Dorene Lorenz Resume- State Commission for Human Rights.pdf |
SJUD 4/2/2025 1:30:00 PM |
|
| Jessie Ruffridge Resume- State Commission for Human Rights.pdf |
SJUD 4/2/2025 1:30:00 PM |
|
| Jessie Ruffridge Resume- State Commission for Human Rights 2.pdf |
SJUD 4/2/2025 1:30:00 PM |
|
| Jedediah Cox Resume- Board of Govenors of the Alaska Bar.pdf |
SJUD 4/2/2025 1:30:00 PM |
|
| SB 90 Supporting Document - SSPC Annual Report 2024 Final.pdf |
SJUD 4/2/2025 1:30:00 PM |
SB 90 |