ALASKA STATE LEGISLATURE                                                                                  
 HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                        February 9, 2006                                                                                        
                           3:19 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Peggy Wilson, Chair                                                                                              
Representative Tom Anderson                                                                                                     
Representative Carl Gatto                                                                                                       
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Paul Seaton, Vice Chair                                                                                          
Representative Vic Kohring                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Professional Teaching Practices Commission                                                                                    
                                                                                                                                
     Bonnie C. Gaborik - Fairbanks                                                                                              
     Dr. Linda L. Gillam Black -                                                                                                
     Craig Baker - Kodiak                                                                                                       
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 408                                                                                                              
"An Act relating to the definition of 'child abuse and neglect'                                                                 
for child protection purposes; and providing for an effective                                                                   
date."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 408(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
OVERVIEW:  NATIONAL COUNCIL ON ALCOHOLISM & DRUG DEPENDENCE                                                                     
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 408                                                                                                                  
SHORT TITLE: CHILD ABUSE AND NEGLECT/DISCLOSURE/PFDS                                                                            
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/30/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/30/06       (H)       HES, FIN                                                                                               
02/07/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/07/06       (H)       Heard & Held                                                                                           
02/07/06       (H)       MINUTE(HES)                                                                                            
02/09/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
                                                                                                                                
BONNIE GABORIK, Appointee                                                                                                       
to the Professional Teaching Practices Commission                                                                               
North Pole, Alaska                                                                                                              
POSITION STATEMENT:  As appointee to the PTPC, answered                                                                         
questions.                                                                                                                      
                                                                                                                                
LINDA GILLAM BLACK, Appointee                                                                                                   
to the Professional Teaching Practices Commission                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  As appointee to the PTPC, answered                                                                         
questions.                                                                                                                      
                                                                                                                                
CRAIG BAKER, Appointee                                                                                                          
to the Professional Teaching Practices Commission                                                                               
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  As appointee to the PTPC, answered                                                                         
questions.                                                                                                                      
                                                                                                                                
JOANNE GIBBENS, Program Administrator                                                                                           
Office of Children's Services (OCS)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented an amendment to HB 408.                                                                          
                                                                                                                                
STACIE KRALY, Chief Assistant Attorney General                                                                                  
Statewide Section Supervisor                                                                                                    
Human Services Section, Civil Division                                                                                          
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 408.                                                                                       
                                                                                                                                
MATT FELIX, MS, Executive Director                                                                                              
National Council on Alcoholism & Drug Dependence (NCADD)                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented an overview of the NCADD.                                                                        
                                                                                                                                
JESSICA PARIS                                                                                                                   
National Council on Alcoholism & Drug Dependence (NCADD)                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Explained  the "Protecting  You, Protecting                                                               
Me" (PYPM) curriculum.                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
CHAIR PEGGY WILSON called the  House Health, Education and Social                                                             
Services  Standing  Committee  meeting  to order  at  3:19:57  PM                                                             
Representatives  Wilson,  Anderson,   Gardner,  and  Cissna  were                                                               
present  at the  call  to order.    Representative Gatto  arrived                                                               
immediately thereafter.                                                                                                         
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                                                                                                                                
^Professional Teaching Practices Commission                                                                                   
                                                                                                                                
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
the confirmation  hearing of the  governor's appointments  to the                                                               
Professional Teaching Practices Commission (PTPC).                                                                              
                                                                                                                                
BONNIE GABORIK, Appointee to  the Professional Teaching Practices                                                               
Commission, informed  the committee that  she has been  in Alaska                                                               
most  recently  since  1977  and  has  been  teaching  at  Salcha                                                               
Elementary  in the  Fairbanks School  District since  1980.   She                                                               
related that  currently she  is a teaching  principal.   She also                                                               
related  that  last year  she  was  appointed  to fill  a  vacant                                                               
position on the PTPC, which she  found to be very challenging and                                                               
important work that she would like to continue.                                                                                 
                                                                                                                                
3:22:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  inquired as to  the type of  work performed                                                               
by the  PTPC, specifically  is the PTPC  faced with  teachers who                                                               
have been severely reprimanded.                                                                                                 
                                                                                                                                
MS. GABORIK  answered that  during her  time on  the PTPC  such a                                                               
scenario  hasn't  occurred,  although  there was  a  teacher  who                                                               
struggled to maintain  his own private religious  views from what                                                               
is  appropriate  to  express  in  the  public  school.    In  the                                                               
aforementioned case,  the teacher  was given  the benefit  of the                                                               
doubt with  a very strict  warning to maintain his  private views                                                               
separate from what he expressed at  the school.  Ms. Gaborik then                                                               
recalled the  last meeting of the  PTPC during which the  bulk of                                                               
the  cases were  related to  school districts  who are  forced to                                                               
hire teachers  who don't have  certification due to  the shortage                                                               
of  teachers.   Although most  of the  aforementioned cases  were                                                               
solved  and didn't  necessitate a  hearing, ensuring  that people                                                               
are properly  certified and teaching  in their field seems  to be                                                               
the focus of the PTPC.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GATTO inquired  as to  whether Ms.  Gaborik would                                                               
view  a  teacher found  guilty  of  driving under  the  influence                                                               
during  his/her  time  off  duty   as  qualified  to  be  in  the                                                               
classroom.                                                                                                                      
                                                                                                                                
3:25:12 PM                                                                                                                    
                                                                                                                                
MS. GABORIK  answered that it  should be addressed on  a case-by-                                                               
case  scenario.    She  opined   that  the  teacher  is  probably                                                               
qualified  to  be in  the  classroom,  but  she opined  that  she                                                               
wouldn't want to  ignore a repeat offender.  She  noted that each                                                               
district may already  have specifics in place with  regard to how                                                               
to handle  such situations.  The  bottom line, she stated,  is to                                                               
keep students safe.                                                                                                             
                                                                                                                                
3:26:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked  if Ms. Gaborik has any  ideas as to                                                               
how the commission could be improved.                                                                                           
                                                                                                                                
MS.  GABORIK  replied no,  and  added  that  she has  been  quite                                                               
impressed with  the caliber  of those on  the commission  and the                                                               
seriousness with which everyone takes the job.                                                                                  
                                                                                                                                
3:27:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA moved that  the House Health, Education and                                                               
Social  Services Standing  Committee forward  the name  of Bonnie                                                               
Gaborik to the Professional Teaching  Practices Commission to the                                                               
joint session  for consideration.   There being no  objection, it                                                               
was so ordered.                                                                                                                 
                                                                                                                                
3:28:30 PM                                                                                                                    
                                                                                                                                
LINDA  GILLAM  BLACK,  Appointee  to  the  Professional  Teaching                                                               
Practices Commission,  informed the committee that  she has spent                                                               
the last three decades of her  life working in the public schools                                                               
in Alaska, particularly in the  Anchorage area.  She related that                                                               
she  is currently  involved in  higher education.   In  fact, the                                                               
academic dean  nominated her  for this  position.   She explained                                                               
that  she  is  interested  in serving  because  educators  should                                                               
maintain the  highest ethical  standards and  serve as  models to                                                               
the students and  those in the community.  Dr.  Black opined that                                                               
she would like to help improve education in Alaska.                                                                             
                                                                                                                                
3:30:05 PM                                                                                                                    
                                                                                                                                
DR. BLACK,  in response to  Representative Gatto,  specified that                                                               
she worked out of the central  office for "SOS" and then traveled                                                               
to rural  Alaska.   She further specified  that she  first worked                                                               
with the children's cache that  began preschool programs and then                                                               
worked with various Title 1  programs doing teacher and teacher's                                                               
aide training.                                                                                                                  
                                                                                                                                
3:30:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  informed the committee that  she has spent                                                               
a  number of  hours speaking  with Dr.  Black because  she was  a                                                               
principal in a school in her district and did a superb job.                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA moved that  the House Health, Education and                                                               
Social  Services Standing  Committee  forward the  name of  Linda                                                               
Gillam Black  to the  Professional Teaching  Practices Commission                                                               
to  the  joint  session  for   consideration.    There  being  no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
3:32:04 PM                                                                                                                    
                                                                                                                                
CRAIG  BAKER, Appointee  to the  Professional Teaching  Practices                                                               
Commission, began by  informing the committee that  this would be                                                               
a reappointment for him  as he has been a member  of the PTPC for                                                               
the past three  years.  He said that of  the many commissions and                                                               
boards on which he has served, the PTPC is the most interesting.                                                                
                                                                                                                                
REPRESENTATIVE GARDNER  asked if Mr.  Baker has noticed  a change                                                               
in the  issues that the  PTPC has  addressed over the  past three                                                               
years.                                                                                                                          
                                                                                                                                
3:32:53 PM                                                                                                                    
                                                                                                                                
MR. BAKER  answered that he has  not observed any changes  in the                                                               
way  the  PTPC  operates.    However, he  mentioned  that  he  is                                                               
constantly  seeing new  issues come  before the  commission.   In                                                               
further  response to  Representative  Gardner,  Mr. Baker  opined                                                               
that what  is coming before  the PTPC  has stayed much  the same,                                                               
although  licensure issues  may  have increased.    In the  rural                                                               
areas, there  are situations  in which  teachers don't  return to                                                               
their  positions  after  the  holidays.   In  response  to  Chair                                                               
Wilson, Mr.  Baker confirmed  that he is  aware of  the statewide                                                               
mentoring program.                                                                                                              
                                                                                                                                
3:35:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA moved that  the House Health, Education and                                                               
Social  Services Standing  Committee  forward the  name of  Craig                                                               
Baker to  the Professional Teaching  Practices Commission  to the                                                               
joint session  for consideration.   There being no  objection, it                                                               
was so ordered.                                                                                                                 
                                                                                                                                
HB 408-DEFINITION OF CHILD ABUSE AND NEGLECT                                                                                  
                                                                                                                                
3:36:20 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL NO. 408, "An Act  relating to the definition of 'child                                                               
abuse and  neglect' for child protection  purposes; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
3:36:55 PM                                                                                                                    
                                                                                                                                
JOANNE  GIBBENS,  Program  Administrator,  Office  of  Children's                                                               
Services (OCS), Department of Health  and Social Services (DHSS),                                                               
stated  departmental support  for the  proposed amendment  [later                                                               
labeled  and  adopted as  Amendment  2]  as it  addresses  issues                                                               
previously  discussed  in  committee   [February  7,  2006],  and                                                               
reflects  current reporting  practices  to OCS.   That  amendment                                                               
[Amendment 2] read [original punctuation provided]:                                                                             
                                                                                                                                
     Page 1, line 8, following "thereby;":                                                                                      
          Insert ""child abuse or neglect" includes a                                                                       
     determination, at  delivery, by a health  care provider                                                                
     that  a child  has been  adversely affected  by, or  is                                                                
     withdrawing  from exposure  to, a  controlled substance                                                                
     or alcohol;"                                                                                                         
                                                                                                                                
     Page 1, lines 9 - 12:                                                                                                      
          Delete all material.                                                                                                  
                                                                                                                                
     Page 1, line 13:                                                                                                           
          Delete "(B)"                                                                                                      
          Insert "(A)"                                                                                                      
                                                                                                                                
     Page 2, line 2:                                                                                                            
          Delete "(C)"                                                                                                      
          Insert "(B)"                                                                                                      
                                                                                                                                
3:38:13 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON pointed out that  [Amendment 2] is the definition of                                                               
child  abuse  or neglect  with  the  inclusion of  "or  alcohol."                                                               
However, this change does not  effectively alter how these issues                                                               
are  currently   being  handled  by  OCS   or  statewide  medical                                                               
facilities.                                                                                                                     
                                                                                                                                
3:38:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON  posed  a  scenario in  which  a  social                                                               
drinker who  is not  aware of her  pregnancy takes  measures upon                                                               
her awareness of being prenatal,  but subsequently births a child                                                               
with fetal  alcohol syndrome  disabilities (FASD).   He  asked if                                                               
the  parent(s)  would  then  be  faced  with  having  the  infant                                                               
reported  to OCS.    He  related that  he  has  received a  broad                                                               
spectrum  of   opinions  regarding  alcohol  affects   on  unborn                                                               
children  and expressed  his concern  for the  possibility of  an                                                               
unwitting situation.                                                                                                            
                                                                                                                                
MS. GIBBENS explained that this  bill addresses situations when a                                                               
health care provider has a reason  for concern, and that a report                                                               
to OCS does not mean a child will be remanded by the state.                                                                     
                                                                                                                                
3:41:24 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON reiterated  that this bill does  not change anything                                                               
in  current practice  in  the state,  but  simply provides  state                                                               
statute for what  is already occurring and to  conform to federal                                                               
language and requirements.                                                                                                      
                                                                                                                                
REPRESENTATIVE GARDNER pointed out  the possibilities that may be                                                               
looked  at  as  options  to  state remand:    no  action  may  be                                                               
required,   following  a   family  assessment;   supportive  home                                                               
services may  be employed;  spousal presence in  the home  may be                                                               
made  conditional;  or  whatever  may  be  deemed  necessary  and                                                               
available to assure the safety of the child.                                                                                    
                                                                                                                                
3:43:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO pointed  out that  on page  1, line  1, the                                                               
word "and" disagrees with the  remaining language of the bill and                                                               
should be changed to "or" to maintain consistency.                                                                              
                                                                                                                                
STACIE  KRALY,   Chief  Assistant  Attorney   General,  Statewide                                                               
Section  Supervisor,  Human  Services  Section,  Civil  Division,                                                               
Department of Law (DOL), pointed out  that the title does need to                                                               
be amended to "or" to  remain consistent with AS 47.17.290(2) and                                                               
the remainder of the bill.                                                                                                      
                                                                                                                                
REPRESENTATIVE  GATTO moved  to adopt  Amendment 1,  deleting the                                                               
word "and"  from page  1, line  1, and  inserting the  word "or."                                                               
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
3:45:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  offered  Amendment  2  [text  previously                                                               
provided]   and  explained   that   this  amendment   effectively                                                               
redefines the  abuse statute.   She pointed out that  child abuse                                                               
includes exposure, withdrawal, and  adverse effects of controlled                                                               
substances or  alcohol, but that the  fact that a child  has been                                                               
exposed  does not  mean harm  has occurred,  or that  a child  is                                                               
experiencing withdrawal symptoms.                                                                                               
                                                                                                                                
3:46:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON  reiterated his concern for  an unwitting                                                               
situation that results in, or a  suspicion of, an FASD infant and                                                               
the possible consequences.                                                                                                      
                                                                                                                                
REPRESENTATIVE  GARDNER reminded  the  committee that  if OCS  is                                                               
called and a  report made, it does not mean  the child is removed                                                               
from  parental custody;  rather an  assessment would  be made  to                                                               
ascertain the welfare of the child.                                                                                             
                                                                                                                                
REPRESENTATIVE ANDERSON  maintained his concern for  the judicial                                                               
aspect of the bill.                                                                                                             
                                                                                                                                
3:49:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  expressed concern  that  [by  the time  a                                                               
report is  made to  OCS] the  mother and  child may  have already                                                               
"fallen off  of a cliff."   She reminded the committee  as to the                                                               
need  to  address  programs   that  take  proactive  preventative                                                               
measures.                                                                                                                       
                                                                                                                                
3:50:20 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  asked if  statute is  in place  that will  ease the                                                               
concerns of the committee.                                                                                                      
                                                                                                                                
MS.   GIBBENS  said   that  there   is  statute   addressing  the                                                               
appropriate protocol for  contacting OCS in a  situation in which                                                               
a  parent who  is abusing  a substance  that interferes  with the                                                               
proper care of his/her child(ren).                                                                                              
                                                                                                                                
3:51:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON  said   he  agreed  with  Representative                                                               
Cissna that  there is no need  to focus on tougher  penalties but                                                               
rather proactive/preventative programs to curb recidivism.                                                                      
                                                                                                                                
3:52:20 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON, upon determining there  was no objection, announced                                                               
that Amendment 2 was adopted.                                                                                                   
                                                                                                                                
REPRESENTATIVE ANDERSON moved  to report HB 408,  as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero  fiscal note.   There being no  objection, CSHB                                                               
408(HES)  was  reported  from the  House  Health,  Education  and                                                               
Social Services Standing Committee.                                                                                             
                                                                                                                                
3:53:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  reiterated  her concern  with  regard  to                                                               
prevention.  She  highlighted the language she  gave to committee                                                               
members  regarding an  effective  state program.   She  indicated                                                               
that  legislation  based on  the  language  she provided  to  the                                                               
committee proposes the use of  public health nurses to do healthy                                                               
family   training,   assessments,   mentor  parents,   and   work                                                               
proactively for the child.                                                                                                      
                                                                                                                                
3:56:02 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON commented that the  aforementioned is something that                                                               
one must  consider in terms  of how  the state can  address such.                                                               
She further  commented that are  some prevention monies  that she                                                               
hoped  would  stay  in  the  budget  in  order  to  achieve  such                                                               
[prevention activities].                                                                                                        
                                                                                                                                
^OVERVIEW:  NATIONAL COUNCIL ON ALCOHOLISM & DRUG DEPENDENCE                                                                  
                                                                                                                                
3:56:24 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
the presentation  by the  National Council  on Alcoholism  & Drug                                                               
Dependence.                                                                                                                     
                                                                                                                                
MATT  FELIX,   MS,  Executive   Director,  National   Council  on                                                               
Alcoholism  & Drug  Dependence  (NCADD),  informed the  committee                                                               
that NCADD  has about  96 affiliates throughout  the nation.   He                                                               
noted  that NCADD  performs  a  number of  duties,  all of  which                                                               
revolve around the prevention of  alcohol and drug abuse, safety,                                                               
health  promotion, and  disease  prevention.   He explained  that                                                               
NCADD is part of a state  system that uses a public health model,                                                               
which  utilizes the  three prongs  of prevention,  treatment, and                                                               
environmental strategies.   The  NCADD is the  prevention portion                                                               
of the equation.                                                                                                                
                                                                                                                                
MR. FELIX stated that the reason  NCADD has existed since 1965 is                                                               
because  of  the  tremendous  problem   with  alcohol  abuse  and                                                               
alcoholism in  Alaska.  He  then directed attention to  the chart                                                               
entitled,  "U.S.   and  Alaska  Consumption  Comparison."     The                                                               
aforementioned chart illustrates  that Alaska consistently drinks                                                               
over a  half-gallon of  alcohol more  than the  national average.                                                               
In Alaska,  the drug  of choice  is alcohol  as evidenced  by the                                                               
fact that  more Alaskans drink  and less Alaskans  are completely                                                               
abstinent.   Since prohibition was  repealed, about  one-third of                                                               
the nation doesn't  drink at all while in Alaska  only 25 percent                                                               
of  Alaskans  don't  drink.    Furthermore,  50  percent  of  the                                                               
drinkers  in  Alaska are  categorized  as  heavy drinkers.    The                                                               
average  Alaskan drinks  about 526  drinks  a year  and about  18                                                               
percent of  the total population  of Alaska drinks 76  percent of                                                               
all  the  alcohol.   This  population  is impacting  the  state's                                                               
health and judicial systems, he stressed.                                                                                       
                                                                                                                                
MR. FELIX then  informed the committee that NCADD  was founded by                                                               
the  first woman  in Alcoholics  Anonymous and  her focus  was to                                                               
overcome the  stigma attached  to alcoholism  and to  establish a                                                               
system  by  which  individuals  entered  treatment  and  recovery                                                               
rather than  being treated in  the criminal justice system.   The                                                               
NCADD is  supported by the  Smithers Foundation and in  Juneau by                                                               
various  city, state,  and  federal  funds.   As  the system  has                                                               
evolved in  the state,  more people  have promoted  treatment and                                                               
less have  promoted prevention.   However, Mr. Felix  opined that                                                               
prevention is where the focus  should be because for every dollar                                                               
spent on prevention, $5-$10 spent on treatment could be saved.                                                                  
                                                                                                                                
4:02:25 PM                                                                                                                    
                                                                                                                                
MR.  FELIX  informed  the  committee   that  NCADD  operates  the                                                               
following  programs:   the therapeutic  court in  Juneau; Alcohol                                                               
Safety  Action   Program  (ASAP);   alcohol-related  intervention                                                               
services, public  education; statewide media  campaign; statewide                                                               
school  system  teacher  training  campaign;  tobacco  cessation;                                                               
teens against tobacco in the  school system; seatbelt use, driver                                                               
training system; and community-  and school-based prevention.  He                                                               
mentioned that  NCADD is a rather  large agency for the  size and                                                               
population of the state.                                                                                                        
                                                                                                                                
4:03:16 PM                                                                                                                    
                                                                                                                                
MR. FELIX highlighted that the  focus on schools is becoming more                                                               
prominent throughout prevention because  of the tremendous amount                                                               
of acceptance of  heavy drinking in the state.   The desire is to                                                               
reduce Alaska's  per capita consumption  of alcohol to  closer to                                                               
the national  average because all the  [problems] correlated with                                                               
heavy  use will  drop  as  well if  the  next  generation can  be                                                               
transitioned into less  use.  Although there is  a zero tolerance                                                               
policy  in schools  and other  deterrent programs  exist, studies                                                               
show  that postponing  the  first use  of  alcohol reduces  adult                                                               
problems  [associated  with  alcohol   abuse].    Therefore,  the                                                               
curricula  in  the school  system  tries  to stop  children  from                                                               
drinking,   to   understand   the  consequences,   physical   and                                                               
otherwise, and to  resist peer pressure in order  to postpone the                                                               
first use of alcohol.                                                                                                           
                                                                                                                                
4:06:12 PM                                                                                                                    
                                                                                                                                
JESSICA PARIS,  National Council on Alcoholism  & Drug Dependence                                                               
(NCADD), explained  that she would be  discussing the "Protecting                                                               
You,  Protecting Me"  (PYPM) curriculum,  which was  developed by                                                               
Mother's  Against   Drunk  Driving  (MADD)  when   it  added  the                                                               
component of  preventing underage drinking  to its mission.   The                                                               
NCADD is able  to spread this curriculum in Alaska  with the help                                                               
of  a  grant  from  the Department  of  Transportation  &  Public                                                               
Facilities (DOT&PF) and the Alaska  Highway Safety Office (AHSO).                                                               
In response to  questions, Ms. Paris related  that the curriculum                                                               
is used in  first through fifth grades and has  been presented in                                                               
the Juneau  School District.   The  Fairbanks North  Star Borough                                                               
School District has  had training for its counselors.   She noted                                                               
that  the  Anchorage School  District  is  the next  district  to                                                               
[receive training on PYPM].                                                                                                     
                                                                                                                                
4:08:47 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  related her  understanding that  Native populations                                                               
have  a  higher   rate  of  alcohol  abuse,   and  therefore  she                                                               
questioned whether such areas will be targeted.                                                                                 
                                                                                                                                
MS. PARIS  answered that NCADD  doesn't have  a plan to  focus on                                                               
the  rural  areas, although  there  is  now an  on-line  training                                                               
option that will  make it easier and cheaper  to provide training                                                               
throughout the state.                                                                                                           
                                                                                                                                
4:09:58 PM                                                                                                                    
                                                                                                                                
MR.  FELIX  related  that  the   PYPM  program  primarily  trains                                                               
teachers to  use it.   He then  reviewed the various  models that                                                               
can be  utilized.  He  pointed out that the  organization doesn't                                                               
have  staff that  can go  to every  school and  thus the  teacher                                                               
training  model has  proven  to  be of  most  use  with the  PYPM                                                               
program.   He  noted  that  the PYPM  program  includes a  safety                                                               
aspect as well.                                                                                                                 
                                                                                                                                
CHAIR WILSON  recalled her  time as a  school nurse  during which                                                               
she experienced many  drug and alcohol prevention  programs.  She                                                               
recalled that it was easier  to illustrate the effects of smoking                                                               
versus alcohol.   She  expressed interest as  to how  the program                                                               
relates the dangers of alcohol.                                                                                                 
                                                                                                                                
MS. PARIS  then turned to  the PowerPoint  presentation entitled,                                                               
"Protecting You  Protecting Me."   The  two curriculum  goals are                                                               
that  elementary students  learn the  effects of  alcohol on  the                                                               
brain and that  they learn how to protect  themselves when forced                                                               
to ride with a driver impaired by alcohol.                                                                                      
                                                                                                                                
4:12:37 PM                                                                                                                    
                                                                                                                                
MS.  PARIS  reminded  the  committee that  the  PYPM  program  is                                                               
utilized in first  through fifth grades.  Although  this may seem                                                               
to be  a young age  to begin the  discussion, a survey  of Juneau                                                               
[teens] reported that 31 percent  of 13-year-olds reported riding                                                               
at least  once in a car  driven by someone who  had been drinking                                                               
alcohol.    In  2003,  a  national  [survey]  reported  that  209                                                               
children under age 14 were killed  while riding in the car with a                                                               
driver who  had been  drinking.  Further  supporting the  need to                                                               
teach elementary  students about  the importance of  not drinking                                                               
before age 21 is that the  Alaska YRBS reports that 23 percent of                                                               
Alaska  students report  they had  their first  drink of  alcohol                                                               
before  age 13.   The  aforementioned [percentage]  is consistent                                                               
across the nation and that in  middle school there is a huge leap                                                               
in  use.   Again,  any  delay  in the  first  use  of alcohol  is                                                               
important.  In  fact, for every year delayed an  individual is 15                                                               
percent less likely to develop alcoholism.                                                                                      
                                                                                                                                
4:14:30 PM                                                                                                                    
                                                                                                                                
MS. PARIS then turned to the  question of how an adult's brain is                                                               
different  from  that of  someone  under  age  21.   The  general                                                               
philosophy used  to be  that the  brain completed  development at                                                               
birth.   However,  recent  technology has  shown  that the  brain                                                               
continues to  develop past the  age of  21.  This  development is                                                               
about the wiring, organization, and  function of the brain occurs                                                               
[from  birth  into  the  early   20s].    Furthermore,  there  is                                                               
[research  showing]  that  the  brain  develops  on  a  schedule.                                                               
Although 40 percent  of brain development occurs  during the pre-                                                               
natal period, the majority of  brain development occurs well into                                                               
the 20s  with key development  times.  In  fact, a peak  of brain                                                               
development occurs during ages 1-5,  particularly during age 2.5.                                                               
There is also peak in brain development around age 14 or 15.                                                                    
                                                                                                                                
4:18:26 PM                                                                                                                    
                                                                                                                                
MS. PARIS continued  with the question as to  how alcohol impacts                                                               
the brain  of someone  under age  21.  To  that, she  stated that                                                               
alcohol impacts  the developing brain  differently than  an adult                                                               
brain.   Given  all the  same  criteria other  than age,  alcohol                                                               
impacts  the  brain differently  and  it  impacts those  [21  and                                                               
younger] more negatively.   However, there is no  way to quantify                                                               
the  impact  of  drunk  teens  beyond  data  obtained  from  MRIs                                                               
[Magnetic Resonance  Imaging] performed on drunk  rats and [self-                                                               
reported]  teen drinkers  and non-drinkers.    Ms. Paris  related                                                               
that what  is being  shown is  that alcohol  disrupts development                                                               
between  the  neurotransmitters  and   receptor  sites  and  thus                                                               
development  along the  proper  path can't  occur.   She  further                                                               
related that  research shows  that brain  damage occurs  once the                                                               
individual is  sober as  the brain attempts  to recover  from the                                                               
impacts  of the  alcohol.   Therefore,  during  the brain's  peak                                                               
development  it's at  its greatest  vulnerability to  be damaged.                                                               
However, she noted that there  is potential for damage throughout                                                               
an  individual's  21-plus  years.   She  reminded  everyone  that                                                               
alcohol impacts the  brain and the body that  the individual must                                                               
use for the rest of his/her life.                                                                                               
                                                                                                                                
4:22:24 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON related  her understanding  that  if an  individual                                                               
begins drinking at  say age 13, that  individual's maturity level                                                               
seems  to  remain  at  that  level  until  the  individual  stops                                                               
drinking  [at  which time]  the  individual  continues to  mature                                                               
again.                                                                                                                          
                                                                                                                                
MS. PARIS  said that she  wasn't sure whether  the aforementioned                                                               
scenario of emotional arrest is  more of a psychological question                                                               
or  has to  do with  the structural  changes to  the brain.   The                                                               
question as  to how much  alcohol is  too much, she  pointed out,                                                               
remains.  Furthermore,  whether the brain damage  is permanent or                                                               
long term  is also a  question that remains.   The aforementioned                                                               
questions result  in the view that  since there is no  known safe                                                               
amount, there should be zero  tolerance.  Moreover, there is also                                                               
the suggestion  that occasional binge  drinking is  very damaging                                                               
as well and shouldn't be dismissed.                                                                                             
                                                                                                                                
4:24:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER suggested that teens  seem to fit into the                                                               
binge drinking  category because  they seem  to drink  in excess,                                                               
although not every day.                                                                                                         
                                                                                                                                
MS. PARIS  noted her agreement  and highlighted that some  of the                                                               
predicted consequences  of teen binge drinking  are problems with                                                               
addiction,  memory,  learning,   decision-making,  judgment,  and                                                               
impulse control.                                                                                                                
                                                                                                                                
4:25:25 PM                                                                                                                    
                                                                                                                                
MS.  PARIS  explained  that the  Protecting  You,  Protecting  Me                                                               
curriculum is based  on this brain research.   Although there are                                                               
many alcohol prevention curricula  available, the PYPM curriculum                                                               
is unique  in that it really  focuses on how alcohol  impacts the                                                               
brain  in  a more  tangible  way.   Furthermore,  the  curriculum                                                               
highlights and  explains why  it's very different  for a  teen to                                                               
have a few beers versus his/her mother having a few beers.                                                                      
                                                                                                                                
4:26:55 PM                                                                                                                    
                                                                                                                                
MS. PARIS  informed the  committee that PYPM  has been  tested in                                                               
3,500 schools over a five-year period  and has been named a model                                                               
program  by   the  Substance  Abuse  &   Mental  Health  Services                                                               
Administration (SAMHSA).  The PYPM  is also an Office of Juvenile                                                               
Justice Delinquency  and Prevention  (OJJDP) model program.   Ms.                                                               
Paris explained  that PYPM is  classroom based and  requires that                                                               
the instructor be  trained by the developers of the  program.  As                                                               
mentioned earlier,  PYPM targets students  in grades 1-5.   There                                                               
is  a  total  of  40  lessons during  an  8-week  program.    She                                                               
discussed  the   resource  material   for  the   various  grades,                                                               
including  books,  videos,  workbooks,  and  culturally  relevant                                                               
curriculum  for   Alaska  Native   students.     This  curriculum                                                               
emphasizes the risks/dangers of  underage alcohol use and teaches                                                               
vehicle safety and other skills.   Moreover, the curriculum meets                                                               
standards in many content areas.                                                                                                
                                                                                                                                
4:29:18 PM                                                                                                                    
                                                                                                                                
MS. PARIS  explained that  the curriculum  can be  implemented in                                                               
various  fashions.    Classroom teachers,  counselors,  and  high                                                               
school students  can be  trained to teach  the curriculum  to the                                                               
students.  The curriculum can  also be implemented with community                                                               
prevention specialists.   In Juneau,  it has worked well  for the                                                               
counselors to  teach the curriculum.   She then  turned attention                                                               
to  graphs included  on PowerPoint  slides  19-20, which  compare                                                               
[students] who  had received PYPM  curriculum with those  who had                                                               
not over  a five-year period.   The aforementioned  testing found                                                               
that those  who had received PYPM  had greatly increased/improved                                                               
knowledge  of  brain  development,  vehicle  safety  skills,  and                                                               
attitude  regarding underage  drinking.   Ms.  Paris opined  that                                                               
much of  the goal of the  curriculum is to build  on the negative                                                               
attitude   that  elementary   students  already   have  regarding                                                               
underage  drinking.     The   curriculum  also   improves  stress                                                               
management and decision-making skills, she noted.                                                                               
                                                                                                                                
4:32:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  inquired as  to what studies  report with                                                               
regard  to the  real goal  of PYPM,  which is  to reduce  teenage                                                               
drinking.                                                                                                                       
                                                                                                                                
MS.  PARIS reminded  the  committee that  PYPM  was developed  in                                                               
1998, and  thus there is not  data to track how  effective it has                                                               
been.   Since that's  the case, it's  important to  recognize the                                                               
PYPM does meet  the criteria as a model program  based on what is                                                               
known to be effective.  She  then informed the committee that the                                                               
alcohol  use of  the  high  school students  who  teach PYPM  was                                                               
evaluated  prior  to  and  after   teaching  other  students  and                                                               
compared  with  other high  school  students  in peer  leadership                                                               
classes.  The  rates of alcohol use, binge  drinking, riding with                                                               
drunk drivers,  and drunk driving  of those high  school students                                                               
who taught  PYPM was less  than that  of their teenage  peers who                                                               
had not taught PYPM.                                                                                                            
                                                                                                                                
REPRESENTATIVE GARDNER surmised then  that the evidence available                                                               
indicates  that  the  drinking   behavior  of  the  PYPM  student                                                               
teachers may  have been impacted.   However, at this  point there                                                               
is  no knowledge  as  to  whether the  drinking  behavior of  the                                                               
students receiving the PYPM curriculum  have been impacted during                                                               
their   teen  years.     Therefore,   she   suggested  that   the                                                               
organizations  classifying  PYPM  as  a model  program  may  have                                                               
"jumped the gun."                                                                                                               
                                                                                                                                
MR.  FELIX   interjected  that  there  is   knowledge  that  such                                                               
curricula  does  delay  the  first   use  of  alcohol,  which  is                                                               
critically  important with  regard  to  use later  in  life.   He                                                               
emphasized  that the  worst choice  would  be to  do nothing  and                                                               
allow students to  enter the teen years without  knowledge of the                                                               
potential damage and consequences of early use.                                                                                 
                                                                                                                                
4:37:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  agreed that  the policy of  doing nothing                                                               
doesn't serve  anyone well.   However,  she submitted  that there                                                               
are other  avenues to address this  such as funding schools  to a                                                               
level  that any  children  who  want to  play  sports  can.   She                                                               
suggested that  when children have  something to do,  they aren't                                                               
idle and  are   provided an  alternative to  drinking.   She then                                                               
inquired as to what it costs to implement PYPM in a school.                                                                     
                                                                                                                                
MS. PARIS reiterated that currently  there is a grant from DOT&PF                                                               
and AHSO.  She specified that  it costs between $400-600 to train                                                               
a PYPM instructor.   She mentioned that on-line  training is also                                                               
available for about $400, which  includes three hours of training                                                               
time and the curriculum to use for five grades.                                                                                 
                                                                                                                                
4:39:33 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  commented  that today's  children  face  different                                                               
challenges than  she did  as they have  parents and  other adults                                                               
who drink in excess.                                                                                                            
                                                                                                                                
MR. FELIX noted  that Chair Wilson didn't grow up  in Alaska.  He                                                               
reminded the committee of the  high prevalence, availability, and                                                               
acceptance of alcohol in Alaska.   He also reminded the committee                                                               
that  in Alaska  it's  legal for  a parent  to  serve alcohol  to                                                               
his/her child, under  age 21, in his/her home,  which is contrary                                                               
to most states.                                                                                                                 
                                                                                                                                
4:41:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  related  her  belief that  part  of  the                                                               
attraction   with  underage   drinking  is   that  the   underage                                                               
individual is getting away with  something illegal.  She recalled                                                               
her teen years in England  where she didn't recall drinking being                                                               
an issue, which she attributed to the lack of it being a taboo.                                                                 
                                                                                                                                
MR. FELIX  informed the  committee that  research shows  that the                                                               
taboo effect  doesn't promote  drinking, rather  the availability                                                               
of alcohol  does.  He  opined that if  it was legal  for 18-year-                                                               
olds to  drink, more would be  drinking.  In fact,  since raising                                                               
the drinking age to 21,  teen fatalities in traffic accidents has                                                               
dropped by 38 percent.                                                                                                          
                                                                                                                                
MS.  PARIS  relayed  that the  World  Health  Organization  (WHO)                                                               
performed  a study  a  year  or so  ago  of 16-year-old  European                                                               
students and  compared the rates  of binge drinking.   The study,                                                               
she reported,  found that  the rate of  binge drinking  among 16-                                                               
year-olds  in England  and Germany  was much  higher than  in the                                                               
U.S.                                                                                                                            
                                                                                                                                
4:45:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  questioned   whether  [the  use/view  of                                                               
alcohol] has changed over the decades.                                                                                          
                                                                                                                                
MR.  FELIX   said  that  there   are  cultural,   religious,  and                                                               
geographic factors.   For example, he related that he  grew up in                                                               
a Portuguese  family in the  wine country of California  and wine                                                               
was on the  table every day, but drinking was  regulated.  Still,                                                               
the data  relates that  it's much  better to  delay the  onset of                                                               
drinking.                                                                                                                       
                                                                                                                                
4:47:51 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON suggested  that had the knowledge  that is available                                                               
about alcohol been  available 30 years ago,  it probably wouldn't                                                               
have been allowed to be legal.                                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER pointed out that prohibition didn't work.                                                                
                                                                                                                                
MR.  FELIX  mentioned that  this  chemical  has been  around  and                                                               
accepted since  the 1400s.  He  then pointed out that  during the                                                               
10-year  period  of  prohibition,  which he  characterized  as  a                                                               
desperate response  by Congress, there  was a 22  percent decline                                                               
in public  health institutional occupancy.   Mr. Felix encouraged                                                               
the committee  to help maintain  the prevention increment  in the                                                               
budget.                                                                                                                         
                                                                                                                                
4:50:33 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON concluded the meeting by emphasizing the need to                                                                   
perform prevention.                                                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 4:51:03 PM.