HOUSE BILL NO. 185 An Act relating to immunization of postsecondary students for meningitis; and providing for an effective date. SUE WRIGHT, STAFF, REPRESENTATIVE MIKE CHENAULT, advised that the purpose of HB 185 was to remove postsecondary educational institutions from the applicability of the provisions of AS 14.48. It requires postsecondary educational institutions to provide information and receive a statement from the student having read the information on meningococcal disease prior to attending or living in student housing for the said institution. The Center for Disease Control strongly recommends immunizations for all students. The recommendation has been taken seriously to the point that many educational facilities will not admit students without immunizations. Representative Holm asked if the legislation would have a public health component that would incur a cost to the State. Ms. Wright replied that at this point it does not but could in the future. Representative Holm asked how many students would be immunized. Ms. Wright explained that the students would not necessarily be immunized. The students would be informed that the disease exists. She recalled a specific story in Unalaska, emphasizing the seriousness of the issue. Vice-Chair Stoltze asked if there was movement to require immunization as a condition of enrollment. Ms. Wright responded that was not the long-term intent. The Center for Disease Control is currently recommending immunizations at this time and that it could become a requirement in the future. Vice-Chair Stoltze inquired if that was the Sponsor's goal. Ms. Wright did not believe that was the goal but that she would want it for her child. Vice-Chair Stoltze noted that a similar situation had touched his family. He agreed that awareness and education are important for everyone. Representative Kelly questioned the risks. He referenced the new section, Page 3, Line 4, Subsection (d) asking if it would challenge the State's liability. Ms. Wright advised that providers normally provide immunization and health care warnings and that the institution would not be responsible. She added that in response civil liability concerns, a lawyer can always figure out a way to sue. She did not know if the language would prevent or protect a lawsuit. She thought that it [the language] provides a comfort zone. Representative Kelly warned about circumstances and situations that could result in lawsuits. Co-Chair Meyer noted that the bill had not gone to the House Judiciary Committee for legal scrutiny. Co-Chair Chenault responded to Representative Stoltze that it was not his intent to require immunizations, but rather to inform students. 9:23:53 AM Representative Kelly agreed with that and asked if it could be accomplished if Section (d) were removed. He worried that the language would make the State at risk for all diseases. Co-Chair Chenault agreed that such an issue could be raised. He knew that regardless of how well a job is done, there usually is room for liability concerns within the judicial system. He requested that attorney, Representative Croft address it. 9:25:52 AM Representative Croft agreed with Representative Kelly. He thought that it would be a difficult lawsuit anyway to require someone to immunize. He thought that the language could be misread by the judiciary system and added that the bill would be safer without that language. Representative Kelly MOVED to ADOPT Amendment #1 which would delete Section (d), Page 3, Lines 4-7. There being NO OBJECTION, it was adopted. Representative Foster MOVED to report CS HB 185 (FIN) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CS HB 185 (FIN) was reported out of Committee with a "no recommendation" and with zero note #1 by the Alaska Commission on Post Secondary Education. 9:29:26 AM