02/05/2024 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB134 | |
| SB166 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 134 | TELECONFERENCED | |
| *+ | SB 166 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 5, 2024
1:31 p.m.
MEMBERS PRESENT
Senator Jesse Bjorkman, Chair
Senator Click Bishop, Vice Chair
Senator Elvi Gray-Jackson
Senator Kelly Merrick
Senator Forrest Dunbar
COMMITTEE CALENDAR
SENATE BILL NO. 134
"An Act relating to insurance data security; amending Rule 26,
Alaska Rules of Civil Procedure, and Rules 402 and 501, Alaska
Rules of Evidence; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 166
"An Act establishing the Alaska mental health and psychedelic
medicine task force; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 134
SHORT TITLE: INS. DATA SECURITY; INFO. SECURITY PRGRMS
SPONSOR(s): SENATOR(s) KAUFMAN
04/21/23 (S) READ THE FIRST TIME - REFERRALS
04/21/23 (S) L&C, JUD, FIN
02/05/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 166
SHORT TITLE: MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
SPONSOR(s): SENATOR(s) DUNBAR
01/16/24 (S) PREFILE RELEASED 1/8/24
01/16/24 (S) READ THE FIRST TIME - REFERRALS
01/16/24 (S) L&C, JUD
02/05/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
DOMINICK HARNETT, Staff
Senator James Kaufman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 134.
SENATOR JAMES KAUFMAN, District F
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 134.
LORI WING-HEIER, Director
Division of Insurance
Department of Commerce, Community and Economic Development
(DCCED)
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 134.
SUSAN MITCHELL, Attorney
Civil Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 134
PAMELA SAMASH, representing self
Nenana, Alaska
POSITION STATEMENT: Testified in support of SB 134.
SETH TIGARIAN, Staff
Senator Forrest Dunbar
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 166.
DR. TAMI LUBITSH-WHITE, Licensed Psychologist
Lubitsh Consulting
Anchorage, Alaska
POSITION STATEMENT: Testified by invitation in support of SB
166.
BETH LAW
US Army Retired
Wasilla, Alaska
POSITION STATEMENT: Testified by invitation in support of SB
166.
BAILEY STUART, CEO
Stuart Consulting
Palmer, Alaska
POSITION STATEMENT: Testified by invitation in support of SB
166.
MEGAN LINGLE, Graduate Student
Clinical Mental Health Counseling program
University of Alaska Fairbanks (UAF)
Juneau, Alaska
POSITION STATEMENT: Testified by invitation in support of SB
166.
KATHLEEN WEDEMEYER, Member
Citizens Commission on Human Rights
Seattle, Alaska
POSITION STATEMENT: Testified in opposition to SB 166.
MEDA DEWITT, Traditional Healer and Herbalist
Anchorage, Alaska
POSITION STATEMENT: Testified by invitation in support of SB
166.
STEPHANIE BIRCH, Secretary
Alaska Advanced Practice Registered Nurse Alliance
Anchorage, Alaska
POSITION STATEMENT: Testified by invitation with concerns on SB
166.
MICAELA FOWLER, Deputy Commissioner
Department of Commerce, Community and Economic Development
(DCCED)
Juneau, Alaska
POSITION STATEMENT: Testified by invitation on SB 166.
ACTION NARRATIVE
1:31:56 PM
CHAIR JESSE BJORKMAN called the Senate Labor and Commerce
Standing Committee meeting to order at 1:31 p.m. Present at the
call to order were Senators Gray-Jackson, Dunbar, and Chair
Bjorkman. Senators Merrick and Bishop arrived shortly
thereafter.
SB 134-INS. DATA SECURITY; INFO. SECURITY PRGRMS
1:32:56 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO.
134, "An Act relating to insurance data security; amending Rule
26, Alaska Rules of Civil Procedure, and Rules 402 and 501,
Alaska Rules of Evidence; and providing for an effective date."
1:33:17 PM
SENATOR MERRICK and SENATOR BISHOP joined the meeting.
1:33:25 PM
DOMINICK HARNETT, Staff, Senator James Kaufman, Alaska State
Legislature, Juneau, Alaska, read the following introductory
statement on SB 134:
[Original punctuation provided.]
SB 134 is intended to address increasing concern over
data breaches within the insurance industry over the
last several years. These companies maintain the
sensitive personal, financial, and health information
of millions of consumers and it is important to
establish set standards to reduce the potential damage
of data breaches within the industry. SB 134 would
require state licensed insurance companies to perform
a full risk assessment of their internal and external
threats and then develop, implement and maintain an
information security program based upon those threats.
The standards this bill sets up are not wide in scope,
but they do set standards for governance, risk
management, risk assessment, third party risk
management and incident response.
SB 134 also lays out specific requirements for
incident investigation and notification. The bill
empowers the Division of Insurance with the tools
necessary to effectively oversee protection of
Alaskans' sensitive personal information by licensees.
Similar legislation already exists in at least 23
other states and the federal government has urged
states to adopt similar measures reflecting a
nationwide recognition of the importance of these
provisions.
We believe SB 134 is a proactive approach to
protecting Alaskan citizens' personal information from
cyberthreats and will enhance consumer protections and
bolster the cybersecurity position of the insurance
industry.
1:35:18 PM
SENATOR JAMES KAUFMAN, District F, Alaska State Legislature,
Juneau, Alaska, deferred discussion of SB 134 to his staff, Mr.
Harnett.
1:35:49 PM
MR. HARNETT presented the sectional analysis for SB 134:
[Original punctuation provided.]
Sectional Analysis for SB 134 Version B
"An Act relating to insurance data security; amending
Rule 16, Alaska Rules of Civil Procedure, and Rules
402 and 501, Alaska Rules of Evidence; and providing
for an effective date."
Section 1:
AS 21.96 is amended by adding new sections related to
insurance data security.
Sec. 21.96.250. Risk Assessment
Licensees shall conduct a risk assessment of nonpublic
information.
• In conducting the risk assessment, the licensee
shall identify reasonably foreseeable internal
and external threats, assess the likelihood and
potential damage of threats, and assess the
sufficiency of current safeguards in protecting
nonpublic information.
• A licensee shall use this risk assessment to
design the information security program required
in the next section.
1:36:44 PM
MR. HARNETT continued the sectional analysis for SB 134:
[Original punctuation provided.]
Sec. 21.96.260. Information Security Program
Licensees shall develop, implement, and maintain an
information security program.
• The program is to be based off the threats
identified in Sec 21.96.250
• Licensees shall designate one or more
employees, an outside vendor, or third-
party service provider to be responsible
for the security program.
• A licensee's information security program
must:
• Contain safeguards to protect
security and confidentiality of
nonpublic information and the
information system
• Protect against threats, hazards, and
unauthorized access to nonpublic
information
• Establish a schedule for retention of
nonpublic information
• Establish a mechanism for secure
destruction of nonpublic information
• The development and upkeep process of the
licensee's information security program
shall:
• Implement appropriate security
measures such as information access
controls, identification and
management of data access points,
physical access controls, encryption,
secure development practices, regular
tests, audit trails, disaster
responses, and secure disposal
• Determine cybersecurity risks to
include in the licensee's risk
management process
• Stay informed of emerging threats or
vulnerabilities
• Include cybersecurity risks in the
licensee's enterprise-wide risk
management process
• Provide personnel with cybersecurity
awareness training
• Implement information safeguards
addressing identified threats and
annually assess effectiveness of
safeguards
1:38:20 PM
MR. HARNETT continued the sectional analysis for SB 134:
[Original punctuation provided.]
• Exercise due diligence in the third-
party service provider selection
process
• Monitor, evaluate, and adjust the
information security program as
appropriate
• Establish a written incident response
plan for responding to a
cybersecurity event that addresses
• Internal response processes
• Goals of the plan
• Roles, responsibilities, and
decision authority
• Internal processes for
communication and information
sharing
• Plans for how to remediate
identified weaknesses
• Documentation and reporting of
cybersecurity events
• Evaluation and revision process
of incident response plan
21.96.250(d) requires the licensee board to
delegate responsibility of the program to
executive management which is required to at
least once a year develop a report that:
• Provides overall status of the
information security program and
compliance with the contents of this
bill
• Material matters related to the
information security program such as
assessments, decisions, test results,
cybersecurity events, and more
• If the executive management uses a
delegate to implement the program, the
executive management is required to
oversee the development of the program
by the delegate
1:39:33 PM
MR. HARNETT continued the sectional analysis for SB 134:
[Original punctuation provided.]
21.96.260(f) sets requirements for licensees
domiciled in the state to submit annual reports
to the Director of Insurance certifying that
the licensee complies with AS 21.96.50,
including keeping records for at least five
years.
Sec. 21.96.270. Investigation of cybersecurity event
Sets investigating requirements for licensees when a
cybersecurity event occurs.
• If a cybersecurity event occurs, the licensee or
responsible party shall investigate the event and
assess the nature and scope of the event,
identify nonpublic information involved, restore
the security of the information systems that were
compromised, and retain relevant information for
a period of at least 5 years
1:40:22 PM
MR. HARNETT continued the sectional analysis for SB 134:
[Original punctuation provided.]
Sec. 21.96.280. Notification of cybersecurity event
Sets notification criteria for licensees when a
cybersecurity event occurs
• Licensees must notify the director of insurance
within 72 hours of a cybersecurity event
occurring. Licensees are affected if:
• They are insurers domiciled in the state
• They are insurance producers in which Alaska is
their home state
• The cybersecurity event involves nonpublic
information of 250 or more consumers and the
event and:
• State or federal law requires notice to a
government agency
• There is a reasonable likelihood of
materially harming a consumer in the state
or the licensee's normal operations
• The report to the director of insurance must
include information specified in AS
21.96.280(b)(1-13) in a form and format as
prescribed by the director
• 21.96.280(e) allows the 72-hour notification
period to begin one day after the licensee is
made aware of a cybersecurity event affecting
information systems maintained by third-party
service providers
• 21.96.280(f) sets requirements for assuming
insurers to notify affected ceding insurers and
the appropriate supervisory official of the
licensee's state of domicile
1:41:40 PM
MR. HARNETT continued the sectional analysis for SB 134:
[Original punctuation provided.]
Sec. 21.96.290. Confidentiality
Establishes that all information shared with the
Division by licensees remains strictly confidential.
This means that the information is:
• not subject to inspection and copying under AS
40.25.110
• not obtainable by subpoena or discovery
• not admissible in evidence in private civil
action
21.96.290(b), (c), (d), (e) gives privileges to the
director when using documents, materials, or
information as described earlier in this section when
done in the performance of the duties of the director.
1:42:25 PM
MR. HARNETT continued the sectional analysis for SB 134:
[Original punctuation provided.]
Sec. 21.96.300. Applicability
This section establishes the criteria for which
licensees are not subject to the provisions set by
this bill.
• Licensee with fewer than 10 employees
• Licensees that are employees, agents,
representatives, or designees of another licensee
that is already covered by an information
security program
• Licensee is subject to and in compliance with the
Health Insurance Portability and Accountability
Act of 1996 (P.L. 104-191)
Sec. 21.96.310. Enforcement; penalties
Adds additional powers of examination and
investigation to the director under AS 21.06.120.
• Does not create or imply a private cause of
action if a licensee is found in violation of the
stipulations within this bill (AS 21.96.250
21.96.399)
Sec. 21.96.399. Definitions
Adds definitions. Highlighted definitions are listed
below:
• "Cybersecurity event" means an event resulting in
unauthorized access to or disruption or misuses
of an information system or information stored on
the information system
• "Information security program" means the
administrative, technical, and physical
safeguards that a licensee uses to access,
collect, distribute, process, protect, store,
use, transmit, dispose of, or otherwise handle
nonpublic information
• "Licensee" means a person licensed, authorized to
operate, or registered, or required to be
licensed, authorized, or registered, under the
insurance laws of the State of Alaska
1:44:15 PM
MR. HARNETT continued the sectional analysis for SB 134:
[Original punctuation provided.]
Section 2:
Rule 26, 402, and 501 Alaska Rules of evidence
changes.
• Rules 26 - Prohibits discovery of evidence in the
possession or control of the division of
insurance that was provided by a licensee under
AS 21.96.260(f) or 21.96.280(b)(2)-(5), (8),
(10), or (11) or that is obtained by the director
in an investigation or examination under AS
21.96.310.
• Rule 402 and 501 AS 21.96.290(a)(4) and (c)
enacted in Sec. 1 of this Act prevent the
director of the division of insurance acting
under the authority of the director from being
compelled to testify about confidential or
privileged documents. It also precludes
admissibility of evidence in a private action of
documents, materials, or other privileged
information.
Section 3:
This section notices the Division to begin the process
of writing regulations but does not implement any
before the effective date in Sec. 8 of this Act.
1:45:26 PM
MR. HARNETT continued the sectional analysis for SB 134:
[Original punctuation provided.]
Section 4:
A conditional effect for AS 21.96.290(a)(3) and (4)
and (c) enacted by Sec. 1 of this bill requires a two-
thirds majority vote of each house as required for
court rules changes required by art. IV, sec. 15, of
the Constitution of the State of Alaska
Section 5:
Sec.3 takes effect immediately so that the Division of
Insurance can start drafting regulations.
Section 6:
Sets an effective date for several provisions of this
bill of January 1, 2025 to give insurance companies
and producers time to comply.
Section 7:
Sets an effective date of January 1, 2026 to give
insurance companies and producers time to find a
third-party service provider.
Section 8:
Except as provided in secs. 5 7 of this bill, this
Act takes effect January 1, 2024, thus allowing time
for compliance.
1:45:58 PM
MR. HARNETT explained that the dates in sections 6, 7, and 8
would each need to be updated to be one year later.
1:46:52 PM
SENATOR BISHOP referred to Section 4 and sought clarification
regarding the two-thirds vote that is required for a court rule
change.
1:47:08 PM
MR. HARNETT replied that, according to the constitution, a court
rule change would require a two-thirds vote. He explained that,
in this case, the court rule change is related to the
confidentiality section and changes to the discovery.
SENATOR BISHOP sought further clarification.
MR. HARNETT explained that no part of SB 134 would go into
effect if the two-thirds voting requirement was not met.
SENATOR BISHOP offered his understanding that it is a two-thirds
vote on the bill.
MR. HARNETT replied yes.
SENATOR BISHOP noted that sections 3 and 5 take effect
immediately and questioned whether SB 134 should include a
specific deadline for the regulation package.
MR. HARNETT deferred to Ms. Wing-Heier.
1:49:24 PM
LORI WING-HEIER, Director, Division of Insurance, Department of
Commerce, Community and Economic Development (DCCED), Anchorage,
Alaska, answered that the Division of Insurance could have
regulations complete within 6 months.
1:50:35 PM
MS. WING-HEIER asserted that SB 134 is common sense for
insurance companies and producers who are exempting firms or
small companies with fewer than 10 employees. She surmised that
companies with more than 10 employees likely have an existing
cyber-security program in place. She explained that the National
Association of Insurance Commissioners (NAIC) put SB 134 forward
in response to the Federal Government's cyber-policy
requirement. She explained that the division worked with
industry partners over several years to come up with the current
proposal.
1:52:19 PM
SENATOR DUNBAR noted that SB 134 does not create a private right
of action. He asked if an existing private right of action would
be extinguished.
1:52:43 PM
MS. WING-HEIER offered her understanding that SB 134 does not
remove the right to bring an action against a broker or
insurance company. She explained that it stops someone from
subpoenaing the division for data. Instead, this data would need
to come directly from the broker or the insurance company.
1:53:12 PM
SENATOR DUNBAR asked if Ms. Mitchell agreed with Ms. Wing-
Heier's response and if she had additional input.
1:53:30 PM
SUSAN MITCHELL, Attorney, Civil Division, Department of Law,
Anchorage, Alaska, answered questions on SB 134. She said that
she agreed with Ms. Heier's response.
1:54:13 PM
CHAIR BJORKMAN opened public testimony on SB 134.
1:54:58 PM
PAMELA SAMASH, representing self, Nenana, Alaska, testified in
support of SB 134. She surmised that customers expect privacy
and that insurance providers would do whatever they need to do
to ensure the safety of their customers' data. She emphasized
that it is important to be "one step ahead" in the digital age.
1:56:27 PM
CHAIR BJORKMAN kept public testimony open and held SB 134 in
committee.
1:56:34 PM
At ease
SB 166-MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
1:58:03 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 166, "An Act establishing the
Alaska mental health and psychedelic medicine task force; and
providing for an effective date."
1:58:29 PM
SENATOR DUNBAR, speaking as sponsor of SB 166, read from the
following sponsor statement:
[Original punctuation provided.]
SPONSOR STATEMENT
SB 166: MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
Senate Bill 166 proposes the establishment of the
Alaska Mental Health and Psychedelic Medicine Task
Force. Alaska's high veteran suicide rates and
prevalence of domestic violence underscore the urgency
of exploring innovative mental health treatments.
The Task Force will consist of a diverse group of
experts and stakeholders tasked with exploring the
integration of psychedelic-assisted therapies into
Alaska's healthcare system. It will meet at least four
times, submit a report of recommendations to the
legislature and the governor by December 31st, 2024,
and terminate at the convening of the Thirty-Fifth
Legislature.
Research shows the effectiveness of psychedelic-
assisted therapies in treating PTSD, depression,
anxiety, and substance-use disorders, conditions
highly prevalent among veterans. What barriers exist
in implementing such therapies in Alaska? What
regulations are needed for practitioners to ensure
safe integration of psychedelic medicine? These are
some of the questions the task force will explore.
The FDA is currently reviewing MDMA for treatment of
PTSD, with approval expected by the end of this year.
Additionally, advanced trials show that psilocybin and
ibogaine are effective at treating PTSD, depression,
anxiety, and TBI symptoms. Passing SB 166 is vital for
Alaska to leverage these treatments in addressing
mental health challenges. The task force represents a
step towards pioneering mental health solutions. I
urge your support for SB 166 to ensure that Alaska
will be ready for the FDA's imminent approval of
psychedelic medicine.
2:00:18 PM
SENATOR DUNBAR noted that Colorado and Oregon have pursued
similar goals but with different methodologies. One critic of
those efforts was a lack of Indigenous participation. He stated
that the task force created by SB 166 would include set seats
for Indigenous healthcare professionals and leaders and
expressed a desire for Indigenous voices to be a part of the
task force. He noted that psychiatric nurse practitioners have
expressed support for SB 166 and would like a seat on the task
force. He expressed support for an amendment making this change.
2:01:41 PM
SETH TIGARIAN, Staff, Senator Forrest Dunbar, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 166:
[Original punctuation provided.]
SECTIONAL ANALYSIS
SB 166: MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
Section 1. This section adds a new section to the
uncodified law of the State of Alaska to establish the
Mental Health and Psychedelic Medicine Task Force in
the Department of Commerce, Community and Economic
Development, and establishes:
• The purpose of the task force;
• Membership of the task force;
• A process for election of the chair of the task
force;
• A process for filling a vacancy on the task
force;
• Compensation of task force members;
• Schedule and timeline for submission of the task
force report and recommendations;
• Termination of the task force
Section 2. This section establishes an immediate
effective date.
2:02:32 PM
MR. TIGARIAN read the following from the SB 166:
The purpose of the task force is to
(1) assess the potential use of psychedelic
medicine in addressing the state's ongoing mental
health crisis;
(2) consider barriers to implementation and
equitable access;
(3) consider and recommend licensing and
insurance requirements for practitioners in the
state in the event that psychedelic medicines are
federally reclassified and approved by the United
States Food and Drug Administration; and
(4) consider the legal and regulatory pathways to
the legalization of psychedelic medicines in the
state, and the potential effects of the medicines
on public health.
2:03:27 PM
CHAIR BJORKMAN announced invited testimony on SB 166.
2:03:54 PM
DR. TAMI LUBITSH-WHITE, Licensed Psychologist, Lubitsh
Consulting, Anchorage, Alaska, testified by invitation in
support of SB 166. She gave a brief overview of her education
and certification in psychedelic treatment options.
2:04:56 PM
DR. LUBITSH-WHITE expressed hope that Alaska would implement
psychedelic-assisted treatment. She emphasized that psychedelics
would not be taken as medication; rather, they would be used as
a tool to assist treatment. She stated that psychologists do not
have the tools needed to deal with post-traumatic stress
disorder (PTSD), complex trauma, depression, and anxiety. She
pointed out that, in clinical trials, psychedelics have proven
effective. She surmised that they are nearing the Federal Drug
Administration (FDA) approval stage. However, Alaska does not
have the systems in place to manage the clinical use of
psychedelics once it is approved. She added that the underground
use of psychedelics must also be addressed. This includes
educating the public and healthcare providers on the benefits as
well as the potential harms of psychedelic use. She emphasized
that psychedelics need to be in the hands of experienced,
knowledgeable, and informed practitioners. She reiterated her
hope for the future of psychedelic use in psychiatric treatment.
2:07:35 PM
BETH LAW, US Army Retired, Wasilla, Alaska, testified by
invitation in support of SB 166. She explained that she has
direct knowledge and experience with psychedelics - specifically
psilocybin mushrooms. She said she was in military service for
34 years. She offered a brief history of the traumas that she
has experienced and explained how these traumatic experiences -
and the resulting anxiety, depression, and PTSD - led her to
seek psychedelic treatment options.
2:11:01
MS. LAW shared that she discovered a facility in Jamaica called
MycoMeditations that offers psilocybin treatment. She received
treatment at this facility in December 2023. She briefly
described the assessment and treatment protocols. She emphasized
that individuals who suffer from certain mental health disorders
are not considered candidates for this form of treatment. She
explained that this treatment helped with her intense fear of
death, as well as her anxiety and anger. She emphasized that
psilocybin treatment is not the same as experiencing a "high" -
it is intense work that is done internally and with a therapist.
She explained that individuals utilizing this treatment must
integrate their experiences over time and during follow-up
visits. She expressed hope that Alaska would follow this same
treatment structure in the future.
2:14:21 PM
BAILEY STUART, CEO, Stuart Consulting, Palmer, Alaska, testified
by invitation in support of SB 166. She said she is a member of
the Marijuana Control Board and is Chair of the Alaska Marijuana
Industry Association's Public Relations and Governance
Committee. She is also an adjunct professor at the University of
Alaska, Anchorage (UAA), where she educates students on cannabis
and cannabis regulation. She opined that it is in Alaska's best
interest to begin discussions about the therapeutic use of
psilocybin. She pointed out that psilocybin is in phase three
clinical trials, which is the human trial phase. She shared her
belief that psychedelics will be utilized as a tool in mental
health treatment protocols. She suggested that federal
legalization of psychedelics is on the horizon and opined that
it is important to determine the regulatory framework before
legalization. She contrasted this with the legalization of
marijuana in Alaska, which occurred without any regulatory
framework and which she said led to confusion for the public.
She stated that SB 166 would prevent this confusion and would
provide a framework for providers to utilize in their practices.
She expressed her approval of the board structure included in SB
166. She shared her belief that the future of mental heath
treatment will include assisted psychedelic therapy and
suggested that this treatment could be vital to solving the
state's mental health crisis.
2:16:53 PM
MEGAN LINGLE, Graduate Student, Clinical Mental Health
Counseling program, University of Alaska Fairbanks (UAF),
Juneau, Alaska, testified by invitation in support of SB 166.
She said that her passion for mental health advocacy and the
potential benefits of psychedelic-assisted therapy aligns
closely with the objectives outlined in SB 166. She shared her
experience growing up in the Indigenous community of Kake,
Alaska, where she witnessed the devastating impacts of substance
abuse and suicide. These experiences fueled her advocacy in
these areas - and led to her pursuit of a clinical counseling
career. She shared her belief that psychedelic-assisted therapy
holds great potential as a tool for addressing Alaska's mental
health crisis. She opined that the proposed task force reflects
a forward-thinking approach to the evolving landscape of mental
health treatment. She said that, as a graduate student, she is
particularly interested in the therapeutic benefits of
psychedelics and their potential use as treatment for mood,
anxiety, and substance use disorders.
2:18:12
MS. LINGLE shared her belief that the Federal Drug
Administration's (FDA) acknowledgement of these benefits - and
the proposed exploration by the task force - align with the
transformative impacts that psychedelic-assisted therapy could
have for individuals dealing with trauma, addiction, and other
mental health issues and challenges. She expressed appreciation
that the proposed task force includes individuals with diverse
healthcare needs, including Alaska Natives, veterans, and
survivors of domestic violence and sexual assault. She
emphasized the importance of considering the unique needs and
perspectives of Alaska Native communities when crafting
regulations and legislation around the use of psychedelic
medicine. She stated that the formation of the task force is a
proactive approach to the potential federal legalization of
psychedelics. She opined that SB 166 demonstrates an aggressive
stance that is essential to ensure that psychedelic-assisted
therapy is accessible once it is federally legalized. She added
that SB 166 is a step toward addressing mental health challenges
in Alaska through innovative and evidence-based approaches. She
shared her belief that the creation of a psychedelic medicine
task force will pave the way for more comprehensive
understanding and integration of these therapies, ultimately
benefiting the health and well-being of Alaskans.
2:20:07 PM
KATHLEEN WEDEMEYER, Member, Citizens Commission on Human Rights,
Seattle, Alaska, testified in opposition to SB 166. She said
that using psilocybin for mental health treatment is an effort
to manipulate brain chemistry to improve mood. She asserted that
psilocybin has not been adequately researched with regard to its
efficacy and safety. She pointed out that psilocybin has not
earned FDA approval. She expressed concern that psilocybin
studies have misrepresented the data, thus giving a false
impression of its effects. She briefly read from an article,
pointing out the potential harm of psychedelics for individuals
suffering from - or predisposed to - mental illnesses and
questioning the effects of psilocybin on real-world populations.
2:22:20 PM
At ease
2:23:35 PM
CHAIR BJORKMAN reconvened the meeting and clarified that the
last testifier was public testimony, not invited testimony.
2:23:59 PM
MEDA DEWITT, Traditional Healer and Herbalist, Anchorage,
Alaska, testified by invitation in support of SB 166. She said
she is an Alaska Native traditional healer and an ethnoherbalist
and has worked in Alaska for over 20 years teaching the uses of
native plants and traditional healing practices. She has taught
at several Alaskan universities and works collaboratively with
different traditional healing clinics around the state. She
shared her belief that creating the psychedelic medicine task
force would be in the state's best due diligence. She explained
that over 70 percent of the pharmaceuticals in use today come
from ethnoherbalism. She stated that, while it is important to
determine the safety and efficacy of these plants and how they
would be most appropriately applied in the state, it is also
important to be conscious of the traditional uses of these
plants by Indigenous people. She said that it is important to
observe other states who are also addressing the use of
psychedelics and learn from their successes and failures. She
added that she has agreed to be on the task force. She expressed
confidence in the professionals who work in this field in the
state. Referring to the Adverse Childhood Effects (ACE) scores,
she noted that Alaska deals with consistent complex trauma and
high ACE scores as a result of intergenerational trauma,
historical trauma, and persistent traumatic effects. She pointed
out that Alaska also has a large population of veterans who need
support. She commented that Alaska has a history of traumatic
events and over a few decades has changed the trajectory to one
of healing and hope. She opined that ethically pursuing the use
of psychedelics as medicine is the best way to achieve mental
health in the state.
2:27:31 PM
STEPHANIE BIRCH, Secretary, Alaska Advanced Practice Registered
Nurse Alliance, Anchorage, Alaska, testified by invitation with
concerns on SB 166. She said the Advanced Practice Registered
Nurse (APRN) Alliance represents over 2 thousand advance
practice nurses and over 1 thousand advance practice nurse
practitioners. Many APRN Alliance members are certified to
provide behavioral health and mental health services. She
explained that the Alaska APRN Alliance supports an amendment to
SB 166 that would add an APRN seat to the task force, to be
selected by the APRN Alliance's governing body. She pointed out
that advance practice registered nurses are licensed to practice
in the Alaska and are certified to perform active medical
diagnosis and to prescribe medical, therapeutic, and other
corrective measures. This is regulated by statutes adopted by
the Board of Nursing. Advance practice registered nurses receive
additional training in public health, ethics, developing systems
of care, and patient advocacy. She pointed out that the current
version of SB 166 includes seats for physicians; however, most
psychedelic therapy sessions are attended by therapists and
advanced practice registered nurses. She asserted that the
mental health needs of Alaskans are not being met by the current
systems of care and opined that psychedelics are a promising new
approach to meet these needs. She added that SB 166 provides an
opportunity to develop a regulatory framework that would provide
psychedelic therapy using science-based and best practices.
2:30:25 PM
SENATOR DUNBAR emphasized that SB 166 is being heard in the
Senate Labor and Commerce Standing Committee rather than the
Senate Health and Social Services Standing Committee by design.
He explained that this legislation is not debating the efficacy
of psychedelics or what substances should or should not be
legalized; rather, it is creating a regulatory framework for
future licensing. He said that current testing is considering
the use of these substances within medical settings - which can
be broadly defined to include more traditional medicine. He
suggested that this could be legalized at the federal level
within a year or two. SB 166 anticipates this federal action and
allows for the establishment of licensing and regulatory
frameworks. He explained that the more detailed questions would
be addressed by the task force, which would include experts. He
stated that he considers the APRN Alliance's proposed amendment
to be a friendly amendment and would be happy to work with
someone on the committee to make this change.
2:32:32 PM
MICAELA FOWLER, Deputy Commissioner, Department of Commerce,
Community and Economic Development (DCCED), Juneau, Alaska,
testified by invitation on SB 166. She said that, to meet the
requirements of SB 166, the department would need to add a full-
time staff member for the next three years. She clarified that
it would be a temporary staff member because the task force is
temporary. She explained that the department does not have the
staff required to properly research and provide the
documentation and support that the task force would require.
Referring to the fiscal note, she pointed out the $128 thousand
a year for three years that would be required to fund this
position. She added that the fiscal note also includes travel
costs, as the task force would likely meet in person several
times each year. She surmised that the task force would require
more meetings than the four required by SB 166. Some of these
meetings could occur electronically; therefore, the fiscal note
includes travel for six task force meetings.
2:34:28 PM
SENATOR GRAY-JACKSON asked why the department needs a position
for three years when the task force terminates at convening of
35th legislature in 2025.
2:34:53 PM
MS. FOWLER replied that the current legislature is the 33rd
legislature and the 35th legislature would convene in 2027
according to her calculations; therefore, the department would
need a staff member throughout the 34th legislature. She stated
that there would be a final report from the task force at the
termination of 34th legislature. She said that the department
anticipates that the 35th legislature would be interested in the
report and the recommendations of the task force. She explained
that the staff person would remain throughout the legislative
session to present these findings and to work with the
legislature.
2:35:55 PM
SENATOR GRAY-JACKSON expressed appreciation and said that she
had read the document incorrectly.
2:36:19 PM
CHAIR BJORKMAN opened public testimony on SB 166; finding none,
he kept public testimony open and held SB 166 in committee.
2:36:54 PM
There being no further business to come before the committee,
Chair Bjorkman adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:36 p.m.