ALASKA STATE LEGISLATURE                                                                                  
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                       February 25, 2008                                                                                        
                           1:37 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bettye Davis, Chair                                                                                                     
Senator Joe Thomas, Vice Chair                                                                                                  
Senator Kim Elton                                                                                                               
Senator Fred Dyson                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator John Cowdery                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 267                                                                                                             
"An Act requiring certain persons licensed by the State Medical                                                                 
Board to document an infant's prenatal exposure to alcohol in                                                                   
the infant's medical file."                                                                                                     
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 243                                                                                                             
"An Act relating to the duties and powers of the Alaska                                                                         
Commission on Aging and the Department of Health and Social                                                                     
Services."                                                                                                                      
     MOVED CSSB 243 (HES) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: SB 267                                                                                                                  
SHORT TITLE: DOCUMENT PRENATAL ALCOHOL EXPOSURE                                                                                 
SPONSOR(s): SENATOR(s) DAVIS                                                                                                    
                                                                                                                                
02/13/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/08       (S)       HES, FIN                                                                                               
02/25/08       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 243                                                                                                                  
SHORT TITLE: COMMISSION ON AGING                                                                                                
SPONSOR(s): SENATOR(s) DAVIS                                                                                                    
                                                                                                                                
01/19/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/08       (S)       HES, FIN                                                                                               
02/25/08       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JANA KREOFSKY, Intern                                                                                                           
To Senator Davis                                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented an overview of SB 267.                                                                          
                                                                                                                                
THOMAS OBERMEYER, Staff                                                                                                         
to Senator Davis                                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Introduced SB 243.                                                                                        
                                                                                                                                
DIANE CASTO, Manager                                                                                                            
Prevention and Early Intervention Services                                                                                      
Division of Behavioral Health (DBH)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 267.                                                                                         
                                                                                                                                
PEGGY METCALF, representing herself                                                                                             
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 267.                                                                                         
                                                                                                                                
KJ METCALF, representing himself                                                                                                
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 267.                                                                                         
                                                                                                                                
RIC IANNALINO, Coordinator                                                                                                      
FASD Diagnostic Clinic                                                                                                          
Central Council of the Tlingit Haida Indian Tribes                                                                              
Tribal Family Youth Services                                                                                                    
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 267.                                                                                         
                                                                                                                                
GLADYS EVE RECKLEY, representing herself                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 267.                                                                                         
                                                                                                                                
JAN RUTHERDALE, Senior Assistant Attorney General                                                                               
Civil Division                                                                                                                  
Child Protection Section                                                                                                        
Alaska Department of Law                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Opposed SB 267.                                                                                           
                                                                                                                                
GEORGE BROWN MD, representing himself                                                                                           
Douglas, AK                                                                                                                     
POSITION STATEMENT: Supported SB 267.                                                                                         
                                                                                                                                
ALPHEUS BULLARD, Attorney at Law                                                                                                
Legislative Legal and Research Services Division                                                                                
Legislative Affairs Agency                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION  STATEMENT:  Drafted  the bill  and  answered  questions                                                             
regarding legal aspects of SB 267.                                                                                              
                                                                                                                                
JOANNE GIBBONS, Health Program Manager                                                                                          
Department of Health and Social Services (DHSS)                                                                                 
Division of Senior and Disability Services                                                                                      
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 243.                                                                                         
                                                                                                                                
DENISE DANIELLO, Executive Director                                                                                             
Alaska Commission on Aging                                                                                                      
Department of Health and Social Services (DHSS)                                                                                 
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 243.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  BETTYE  DAVIS  called the  Senate  Health,  Education  and                                                             
Social Services  Standing Committee  meeting to order  at 1:37:43                                                             
PM . Present at the call  to order were Senators Dyson and Davis.                                                             
Senators Thomas and Elton arrived soon thereafter.                                                                              
                                                                                                                                
           SB 267-DOCUMENT PRENATAL ALCOHOL EXPOSURE                                                                        
                                                                                                                                
CHAIR DAVIS announced consideration of SB 267.                                                                                  
                                                                                                                                
JANA KREOFSKY,  Intern, Senator Davis,  presented an  overview of                                                               
SB  267. She  said  it mandates  that  health care  professionals                                                               
record an infant's  exposure to prenatal alcohol  in the infant's                                                               
medical  file  with the  mother's  consent.  This information  is                                                               
designed  to  assist  with  early   diagnosis  of  Fetal  Alcohol                                                               
Spectrum Disorders  (FASD) when  applicable. Early  diagnosis and                                                               
intervention have  been shown  to reduce  the risk  of developing                                                               
secondary  disabilities such  as  difficulty  in school,  trouble                                                               
maintaining  employment, mental  health  problems,  and drug  and                                                               
alcohol addiction.  Due to  the ambiguous nature  of many  of the                                                               
symptoms  of  FASD,  misdiagnosis  is  common.  Documentation  of                                                               
prenatal alcohol exposure in the  infant's file could aid medical                                                               
professionals in  making more accurate diagnoses.  The bill would                                                               
limit use  of information pertaining  to prenatal alcohol  use by                                                               
the  mother to  purposes of  diagnosis, treatment,  and care.  It                                                               
comports with the FAS  surveillance project recommendations found                                                               
in  "Fetal Alcohol  Syndrome Prevalence  in Alaska."  Health care                                                               
providers  should  be  encouraged  to  document  the  details  of                                                               
maternal  alcohol use  during pregnancy  in  the child's  medical                                                               
chart.                                                                                                                          
                                                                                                                                
THOMAS  OBERMEYER, Staff,  Senator  Davis,  drew the  committee's                                                               
attention to the zero fiscal note.                                                                                              
                                                                                                                                
1:40:51 PM                                                                                                                    
SENATOR  DYSON  asked if  Diane  Casto  intended to  testify  and                                                               
lauded  her for  her  hard  work to  create  the state's  current                                                               
program for FASD.                                                                                                               
                                                                                                                                
1:41:58 PM                                                                                                                    
DIANE   CASTO,  Manager,   Prevention   and  Early   Intervention                                                               
Services,  Division of  Behavioral  Health  (DBH), Department  of                                                               
Health and  Social Services,  said she was  a former  Director of                                                               
the Office  of Fetal Alcohol  Syndrome. At that time,  Alaska was                                                               
one of the  only states that had an office  dedicated to FAS. The                                                               
Department  of Health  and Social  Services (DHSS)  supported the                                                               
concept of this  bill, but recognized that the  Department of Law                                                               
had concerns.                                                                                                                   
                                                                                                                                
MS.  CASTO said  Alaska was  using a  "Gold Standard"  diagnostic                                                               
process  called  the  four digit  diagnostic  code  developed  by                                                               
Doctors Susan  J. Astley, [Ph.D., Professor  of Epidemiology] and                                                               
Sterling K. Clarren of the  University of Washington. It looks at                                                               
four specific areas  of concern and rates them to  come up with a                                                               
diagnosis.                                                                                                                      
        ° Facial features - There are specific facial                                                                           
          dismorphologies in someone with the full FAS                                                                          
          diagnosis.                                                                                                            
        ° Growth deficiency                                                                                                     
        ° Central nervous system                                                                                                
        ° Known maternal alcohol use - This is the most                                                                         
          difficult to assess.                                                                                                  
                                                                                                                                
MS. CASTO  said diagnostic  teams have access  only to  a child's                                                               
medical  records, not  the mother's,  which is  appropriate. They                                                               
did  not want  to  create a  system that  would  be perceived  as                                                               
targeting women,  but felt there  should be some way  to document                                                               
known maternal  alcohol use  in the child's  record, in  order to                                                               
get appropriate services to the child.                                                                                          
                                                                                                                                
MS. CASTO said  that, as a strong proponent of  civil rights, she                                                               
felt a  mother should have to  give her consent to  document that                                                               
information, but was  afraid that many women would  choose not to                                                               
allow it for fear of retribution.  She suggested that line 13 [12                                                               
and 13] of  the bill, which read "(b)  Information received under                                                               
this  section  may  not  be  used  except  for  the  purposes  of                                                               
providing  medical  diagnosis,  treatment,  or  care"  Should  be                                                               
amended to read:                                                                                                                
                                                                                                                                
     12 (b) Information received under this section may not                                                                     
     be used except for the                                                                                                     
     13 purposes of providing medical diagnosis, treatment,                                                                     
     or care of the child.                                                                                                    
                                                                                                                                
MS. CASTO digressed  to point out that the 12  month age limit is                                                               
not enforced  with regard to  reporting FAS to the  Birth Defects                                                               
Registry.  The  State  of  Alaska mandates  that,  if  a  medical                                                               
provider knows  a child has  been prenatally exposed  to alcohol,                                                               
the  provider  must report  it  to  the Birth  Defects  Registry.                                                               
Unlike all  other types  of birth  defects, prenatal  exposure to                                                               
alcohol  can  be reported  up  to  the  age  of six  because  the                                                               
information  is  not  often discovered  within  the  first  year.                                                               
However, that information  cannot be accessed to help  in an FASD                                                               
diagnosis.  She added  that, at  least  20 percent  of the  time,                                                               
diagnostic  teams  were  unable  to  document  maternal  drinking                                                               
during pregnancy, which led to  a lesser diagnosis or a diagnosis                                                               
that did not get the child the needed services.                                                                                 
                                                                                                                                
1:49:28 PM                                                                                                                    
SENATOR  DYSON said  the last  time  he discussed  this with  Ms.                                                               
Casto, Alaska  led the  nation in  prenatal alcohol  poisoning of                                                               
children.  He asked  if she  could tell  the committee  where she                                                               
sensed Alaska was in the ranking at the time of this meeting.                                                                   
                                                                                                                                
MS. CASTO agreed that the State  of Alaska did lead the nation in                                                               
prenatal  alcohol exposure.  One  reason was  that  the state  in                                                               
general and the Alaska  native health organizations specifically,                                                               
did an excellent job of  tracking this disability. Another reason                                                               
was that  many states do not  keep this data. Of  the states that                                                               
do keep the  data however, we continued  to be at the  top of the                                                               
list,  although  she said  they  were  starting  to see  a  small                                                               
downward trend.                                                                                                                 
                                                                                                                                
SENATOR DYSON asked if it was true  that there was no sure way to                                                               
diagnose fetal  alcohol effects unless  they could  document that                                                               
the mother drank during pregnancy.                                                                                              
                                                                                                                                
MS.  CASTO  replied  that  was mostly  true.  In  the  diagnostic                                                               
process  you   could  see  static  encephalopathy,   which  means                                                               
permanent  damage  to  the  brain,  so  you  could  document  the                                                               
disability without knowing the cause.                                                                                           
                                                                                                                                
SENATOR DYSON asked if it would be  found in a brain scan of some                                                               
kind.                                                                                                                           
                                                                                                                                
MS. CASTO responded  that brain scans were  coming, but currently                                                               
it  was found  most often  through psychological  testing, speech                                                               
and language, physical therapy etc.                                                                                             
                                                                                                                                
SENATOR DYSON  clarified that  he meant in  infants. He  asked if                                                               
Ms. Casto  would get  together with legal  to draft  an amendment                                                               
regarding permissions.                                                                                                          
                                                                                                                                
CHAIR  DAVIS advised  the Senator  that they  had already  worked                                                               
with legal on this issue.                                                                                                       
                                                                                                                                
1:53:59 PM                                                                                                                    
SENATOR ELTON and SENATOR THOMAS joined meeting.                                                                                
                                                                                                                                
SENATOR DYSON said  it was his understanding that  this was first                                                               
documented  at  the University  of  Washington  Hospital, when  a                                                               
doctor  noticed that  many children  with  similar symptoms  also                                                               
displayed similar facial features.                                                                                              
                                                                                                                                
SENATOR  ELTON returned  to line  13 and  asked if  this type  of                                                               
information would be  available to an insurance  agent or company                                                               
that might not be willing to pay for the care.                                                                                  
                                                                                                                                
MS. CASTO  admitted that she did  not know; it was  something she                                                               
had not thought of.                                                                                                             
                                                                                                                                
SENATOR  THOMAS expressed  concern  about the  issue of  maternal                                                               
permission to document the information.                                                                                         
                                                                                                                                
MS. CASTO  assured Senator Thomas  that this is a  critical issue                                                               
and  one they  have  grappled with  for some  time.  FASD is  one                                                               
disability that is  clearly caused by the mother,  which makes it                                                               
different  from other  disabilities in  that there  is tremendous                                                               
guilt, and placing this in  the child's record documents the fact                                                               
that mom caused the child's disability.                                                                                         
                                                                                                                                
1:58:43 PM                                                                                                                    
MS. CASTO  stressed that somehow we  need to get away  from blame                                                               
and  work  with the  mothers.  We  need to  do  a  better job  of                                                               
educating mothers before they get  pregnant; to make sure we have                                                               
treatment and services  available for those who  get pregnant and                                                               
are still drinking;  to make sure we have  services available for                                                               
the  children who  are disabled  as a  result of  drinking during                                                               
pregnancy.  This bill  could lead  to earlier  identification and                                                               
screening  and  an  earlier  diagnosis   so  children  could  get                                                               
treatment  early  enough  to eliminate  the  secondary  diagnoses                                                               
Senator Davis' aid referred to earlier.                                                                                         
                                                                                                                                
SENATOR  THOMAS asked  Ms. Casto  to speak  to other  things that                                                               
should  be   done  to  reduce  this   expensive  and  unfortunate                                                               
situation.                                                                                                                      
                                                                                                                                
2:02:11 PM                                                                                                                    
MS.  CASTO assured  Senator Thomas  that there  are things  to be                                                               
done.  She  referred  to  a   knowledge,  attitude,  beliefs  and                                                               
behavior  survey  done in  1996  and  repeated about  five  years                                                               
later. The  category with  the worst  response was  "Is it  OK to                                                               
drink   occasionally  during   pregnancy?"  That   questions  was                                                               
answered wrong most  often by OBGYN doctors.  We could definitely                                                               
do a  better job of  education. She  was not entirely  opposed to                                                               
drinking  alcohol,  but  felt  that there  were  three  areas  of                                                               
intolerance  where it  was concerned:  Children and  teens should                                                               
not  drink alcohol;  people  should not  drink  and drive;  women                                                               
should not drink during pregnancy.                                                                                              
                                                                                                                                
SENATOR THOMAS  asked if they  should be sure the  curriculum for                                                               
health professionals at the University  of Alaska is clear on the                                                               
dangers  of alcohol  during pregnancy  to better  inform the  new                                                               
generation of doctors.                                                                                                          
                                                                                                                                
MS. CASTO answered "Absolutely!"                                                                                                
                                                                                                                                
SENATOR DYSON commented  to Senator Thomas that every  bar has to                                                               
have a  label on the  bar and on  the table; also  package stores                                                               
that sell alcohol have to put  a caution on their bags along with                                                               
their logo.                                                                                                                     
                                                                                                                                
2:04:41 PM                                                                                                                    
PEGGY  METCALF, mother  and grandmother,  supported  SB 267,  and                                                               
felt that children should be  given every opportunity to be their                                                               
very best.                                                                                                                      
                                                                                                                                
KJ  METCALF  supported  SB  267  and  expressed  appreciation  to                                                               
Senators Dyson and Elton for moving  the bill forward. He said he                                                               
and his wife lived in Angoon  for 18 years and saw generations of                                                               
women drink during pregnancy. FASD  can be devastating to a small                                                               
community where  there are  no services; one  of the  best things                                                               
they  can do  to prevent  FASD is  to provide  services to  young                                                               
ladies of  child bearing  age, to help  them through  that period                                                               
without drinking so their children will be healthy.                                                                             
                                                                                                                                
RIC  IANNALINO,  Coordinator,  FASD  Diagnostic  Clinic,  Central                                                               
Council of the  Tlingit Haida Indian Tribes,  Tribal Family Youth                                                               
Services,  said they  had been  in  existence for  a little  over                                                               
three  years  and  had  seen  about  120  individuals  and  their                                                               
families so  far. He  said this  issue was  very personal  to him                                                               
because he  had dealt with  many people whose children  could not                                                               
get into  the clinic because  they could not confirm  a diagnosis                                                               
of FASD; they could not say  with certainty that the children had                                                               
been  exposed prenatally  to alcohol.  He explained  that medical                                                               
personnel  could  be sued  for  making  a  diagnosis of  FASD  if                                                               
exposure could  not be  proven, but  he and  his team  feel awful                                                               
when they  cannot help these families.  He felt it would  be much                                                               
easier to  get this information  from a  mother when the  baby is                                                               
born birth, before it became  evident the child was disabled, and                                                               
that  would  allow the  child  to  get  the early  diagnosis  and                                                               
treatment needed.                                                                                                               
                                                                                                                                
2:12:02 PM                                                                                                                    
GLADYS  EVE RECKLEY,  served on  the council  at Northern  Lights                                                               
Church  with KJ  Metcalf during  the past  year. Mr.  Metcalf put                                                               
together  a  conference  that was  endorsed  by  Northern  Lights                                                               
Church,  which  brought together  a  number  of professionals  on                                                               
FASD. She supported  SB 267 and felt strongly  that educating the                                                               
public on the  long-term effects of FASD was  very important. She                                                               
provided  a  letter  of  support addressed  to  Chair  Davis  and                                                               
Representative  Doll from  Joy Lion,  also  from Northern  Lights                                                               
Church.                                                                                                                         
                                                                                                                                
JAN   RUTHERDALE,  Senior   Assistant  Attorney   General,  Civil                                                               
Division, Child Protective Section,  Department of Law, worked in                                                               
the civil division of the  child protection section for 20 years,                                                               
working  primarily with  children in  need of  aid. She  was very                                                               
much aware  of the  devastating effects of  FASD because  many of                                                               
the children in  state custody and their parents  suffer from it.                                                               
She did not doubt the  importance of getting the documentation in                                                               
order to  make an  accurate FASD diagnosis,  but feared  the bill                                                               
might  actually hamper  documentation  because it  would allow  a                                                               
mother  to veto  inclusion  of that  information  in her  child's                                                               
record. She agreed  with Ms. Casto's remarks that  a mother might                                                               
feel very guilty about what she  had done to her child, but since                                                               
drinking is not illegal, she would have no liability.                                                                           
                                                                                                                                
MS.  RUTHERDALE pointed  out  that a  new  reporting statute  was                                                               
passed two  years ago, AS  47.17.024, which requires  health care                                                               
practitioners  to  make a  report  to  the Office  of  Children's                                                               
Services  (OCS)  if  a  practitioner  determined  an  infant  was                                                               
adversely affected by  alcohol. It made sense to  her that, since                                                               
doctors know they  are required to make that  report when dealing                                                               
with a  mother and  child under the  age of 12,  he or  she would                                                               
note  that  in the  record.  This  bill  might create  the  false                                                               
impression  that the  doctor  did  not have  to  comply with  the                                                               
reporting statute if the mother did not authorize it.                                                                           
                                                                                                                                
MS.  RUTHERDALE mentioned  parenthetically that  she was  passing                                                               
the following concern  on for the assistant  attorney general who                                                               
does licensing.  AS 08.64 established licensure  requirements for                                                               
doctors  in Alaska;  it  did  not set  out  how specific  medical                                                               
conditions  should be  diagnosed or  recorded. The  medical board                                                               
adopted  a  regulation  regarding   general  record  keeping  and                                                               
adopted ethical standards  for doctors, but telling  a doctor how                                                               
to document  a specific  potential medical  issue is  a departure                                                               
from the  purpose of AS 08.64.  She suggested that, if  this bill                                                               
went forward  it should  be in  title 18,  which deals  with DHSS                                                               
matters.                                                                                                                        
                                                                                                                                
2:20:22 PM                                                                                                                    
MS. RUTHERDALE agreed with Ms. Casto that they should clarify on                                                                
line 13 that reporting was for treatment and diagnosis of the                                                                   
child, and further suggested drafting something that would allow                                                                
the notation to be made at a later date. She recommended                                                                        
removing the phrase on lines 9 and 10 of the bill "if the mother                                                                
provides her consent to the inclusion of the information in the                                                                 
infant's medical file." She speculated that an educational                                                                      
component might offer an alternative to legislation, but                                                                        
wondered whether documentation was actually still a problem. Now                                                                
that doctors have been mandated to report under AS 47.17.024 and                                                                
OCS keeps all of their records, there would be a historical                                                                     
record going forward for any child in the OCS system.                                                                           
                                                                                                                                
MS. RUTHERDALE asserted that most mothers, when asked whether                                                                   
their child might have been exposed to prenatal alcohol, say                                                                    
they did not drink from the time they knew they were pregnant,                                                                  
but they might have been pregnant for several months by the time                                                                
they found out, so doctors would need to know how to ask the                                                                    
question.                                                                                                                       
                                                                                                                                
2:23:30 PM                                                                                                                    
SENATOR ELTON  said, regarding line 13,  he did not want  this to                                                               
become a rationale  for insurance companies to  deny coverage and                                                               
was  concerned the  language "treatment  or care"  might give  an                                                               
insurance company access to the report.                                                                                         
                                                                                                                                
MS. RUTHERDALE did  not know, but said she could  get back to him                                                               
on it.                                                                                                                          
                                                                                                                                
SENATOR ELTON went  back to her point that the  bill might create                                                               
confusion for  doctors reporting  to OCS  under AS  47.17.024; he                                                               
understood the  point but, given  the testimony that  OBGYNs were                                                               
not giving correct information to  pregnant women, he did not see                                                               
it as a problem to include a provision under the licensing law.                                                                 
                                                                                                                                
2:26:54 PM                                                                                                                    
MS. RUTHERDALE said  if he was truly concerned  that doctors were                                                               
advising pregnant  women it's OK to  have a couple of  glasses of                                                               
wine, this  bill would not  accomplish what he wanted  because it                                                               
does not  contain an educational  requirement. She  also reminded                                                               
him that the report Ms. Casto  referred to was about 12 years old                                                               
and there might no longer be a problem.                                                                                         
                                                                                                                                
SENATOR  ELTON  commented that  tying  good  advice to  licensing                                                               
would get doctors' attention.                                                                                                   
                                                                                                                                
SENATOR DYSON  asked if  Ms. Rutherdale meant  to imply  that the                                                               
current mandatory  reporting law covered  much of what  they were                                                               
trying to  accomplish and  might be  more efficacious  because it                                                               
lacked the disclaimer about requiring maternal consent.                                                                         
                                                                                                                                
MS. RUTHERDALE  answered that  yes, but  she recognized  that the                                                               
existing  reporting  statute placed  the  report  into a  central                                                               
registry  that   is  confidential;   state  police   reports  are                                                               
confidential;  doctors'  reports  are  confidential;  ideally  it                                                               
would appear in  all these places, but this bill  might result in                                                               
less documentation because a mother could refuse to allow it.                                                                   
                                                                                                                                
SENATOR  DYSON asked  if she  meant they  needed to  do something                                                               
more  to ensure  the information  would show  up in  the relevant                                                               
files.                                                                                                                          
                                                                                                                                
2:30:39 PM                                                                                                                    
MS. RUTHERDALE did not know.                                                                                                    
                                                                                                                                
SENATOR  THOMAS  questioned  whether  existing  statute  required                                                               
doctors to obtain permission to document other forms of abuse.                                                                  
                                                                                                                                
MS. RUTHERDALE responded that they never have to get permission.                                                                
                                                                                                                                
SENATOR THOMAS  asked what she  believed the outcome would  be if                                                               
someone sued  based on  an accurate report  that was  included in                                                               
the file without her permission.                                                                                                
                                                                                                                                
MS. RUTHERDALE did  not believe she would get very  far in such a                                                               
suit.                                                                                                                           
                                                                                                                                
GEORGE BROWN  MD drew  an analogy between  this and  other public                                                               
health problems. He  pointed to laws that require  children to be                                                               
immunized  and   tested  for  tuberculosis;  laws   that  require                                                               
reporting  of  certain  illnesses such  as  sexually  transmitted                                                               
diseases.  He  admitted that  this  issue  became difficult  with                                                               
regard  to whether  the intent  was  to catch  someone and  place                                                               
blame, or to stem the tide of an epidemic.                                                                                      
                                                                                                                                
DR. BROWN  opined that the  beauty of the  bill is it  allows the                                                               
possibility of  cooperation between clinical medicine  and public                                                               
health. He  was pretty sure that  if they did another  survey the                                                               
OBGYNs  would  score  much  higher  than  they  did  before  and,                                                               
although he  could not tell  the committee what the  Alaska State                                                               
Medical Association or  his colleagues would say  about the bill,                                                               
he  was quite  sure most  physicians  would want  to do  whatever                                                               
would provide better case-finding  and allow early identification                                                               
and intervention.                                                                                                               
                                                                                                                                
As far  as AS 18  and the  requirement that doctors  report harm,                                                               
most of the time  they would not make a report  of FASD unless it                                                               
was pretty  obvious, which  could be long  after damage  had been                                                               
done.  Speaking  to  Senator   Elton's  concern  about  insurance                                                               
companies using  it to  deny coverage, if  a doctor  recorded the                                                               
possibility of  FASD and  there was an  ICD9 code,  the insurance                                                               
company  would know  about  it. He  contended  however, that  the                                                               
money  FASD cost  society  made that  a  minor consideration.  He                                                               
agreed with  Ms. Casto that  it would be  good to add  to section                                                               
(b) that it is for the good of the child.                                                                                       
                                                                                                                                
2:37:15 PM                                                                                                                    
SENATOR  ELTON asked  Dr. Brown  if he  understood him  to say  a                                                               
doctor might not  report to OCS that a mother  was drinking while                                                               
pregnant, because  the harm  had already  occurred and  there was                                                               
not an instance of harm for the doctor to report.                                                                               
                                                                                                                                
DR. BROWN  responded that the  OCS requirement  had to do  with a                                                               
doctor having  evidence that there  really was abuse and  in many                                                               
cases  reporting  occurs occur  long  after  the opportunity  for                                                               
early intervention  has passed.  It would  not promote  the early                                                               
case  finding,  the  early  delivery of  services  and  the  cost                                                               
savings that go with it.                                                                                                        
                                                                                                                                
2:39:03 PM                                                                                                                    
ALPHEUS  BULLARD,   Attorney,  Legislative  Legal   and  Research                                                               
Services   Division,  Legislative   Affairs  Agency,   read  from                                                               
existing  statute  AS  47.17.024,   which  already  provides  for                                                               
mandatory reporting.                                                                                                            
                                                                                                                                
     "(a)  A practitioner  of the  healing arts  involved in                                                                    
     the delivery or care of  an infant who the practitioner                                                                    
     determines  has  been  adversely  affected  by,  or  is                                                                    
     withdrawing  from exposure  to, a  controlled substance                                                                    
     or alcohol shall immediately  notify the nearest office                                                                    
     of the department of the infant's condition."                                                                              
                                                                                                                                
He explained that  the reason that, in this  particular bill, the                                                               
mother must provide  her consent is because of  privilege. When a                                                               
mother  shares  information  with   a  doctor  or  other  medical                                                               
personnel,  there  is the  expectation  that  the information  is                                                               
privileged. If it  is placed in the child's  file, that privilege                                                               
is challenged.                                                                                                                  
                                                                                                                                
CHAIR DAVIS  asked if they  could remove the  consent requirement                                                               
from line 10 the bill and still move forward.                                                                                   
                                                                                                                                
MR. BULLARD stated that in his  legal opinion they could run into                                                               
constitutional  issues in  terms  of the  confidentiality of  the                                                               
information about  the mother's  behavior. If it  is going  to be                                                               
recorded  anywhere other  than  in  her own  file,  she needs  to                                                               
provide her consent.                                                                                                            
                                                                                                                                
SENATOR ELTON proposed a hypothetical  situation in which a child                                                               
arrives  at the  emergency room  with a  broken arm  that medical                                                               
personnel suspect  was inflicted intentionally, and  wondered why                                                               
reporting   a   mother's   alcohol   consumption   would   be   a                                                               
constitutional  issue  while  the  reporting of  other  forms  of                                                               
potential abuse were not.                                                                                                       
                                                                                                                                
MR.BULLARD said  that in the  scenario he described, the  need to                                                               
report is clear.  Here there is no real consensus  about how much                                                               
alcohol  leads to  adverse effects  on a  child, so  if a  mother                                                               
provided  information about  her  consumption  of alcohol  during                                                               
pregnancy, the  question of  whether the  machinery of  the state                                                               
should  go into  gear in  terms  of mandatory  reporting is  very                                                               
different.                                                                                                                      
                                                                                                                                
2:44:17 PM                                                                                                                    
SENATOR ELTON questioned whether Mr.  Bullard was saying that the                                                               
issue of  what causes FASD  was still unsettled science.  He said                                                               
he believed it was demonstrable  that drinking while pregnant was                                                               
harmful, so he was struggling with  the issue of harm and why one                                                               
type could be reported and one could not.                                                                                       
                                                                                                                                
MR.  BULLARD  advised  the  difference  is  that  drinking  while                                                               
pregnant is not currently illegal.                                                                                              
                                                                                                                                
CHAIR DAVIS asked for his opinion  on moving age of the child for                                                               
reporting purposes to more than 12 months.                                                                                      
                                                                                                                                
BULLARD SECTION responded that section  (c), referencing (a) as a                                                               
postnatal mother and  infant, could be removed; but  the bill was                                                               
just  meant  to  govern  medical personnel  attending  after  the                                                               
birth.                                                                                                                          
                                                                                                                                
CHAIR DAVIS mused that they  could consider an additional section                                                               
to cover  reporting for children over  12 months, or leave  it as                                                               
it  is and  focus on  the earliest  possible identification.  She                                                               
asked  whether the  committee wanted  to change  the verbiage  in                                                               
section (b) to  specify that the treatment and care  are only for                                                               
the child.                                                                                                                      
                                                                                                                                
SENATOR  DYSON was  struggling  with  Ms. Rutherdale's  testimony                                                               
that this bill would weaken existing reporting law.                                                                             
                                                                                                                                
CHAIR DAVIS did not feel there would be a conflict.                                                                             
                                                                                                                                
2:49:11 PM                                                                                                                    
SENATOR THOMAS  saw the distinction  between them in  this bill's                                                               
attempt to get the mother's cooperation.                                                                                        
                                                                                                                                
CHAIR DAVIS suggested they contact  the medical board for comment                                                               
before proceeding,  and asked the  committee if they  intended to                                                               
propose any additional amendments.                                                                                              
                                                                                                                                
SENATOR ELTON  said he did  not have  an amendment but  wanted to                                                               
hear  from  the Department  of  Law  regarding insurance  company                                                               
access to  this information. He did  not want to create  a system                                                               
that  would allow  an  insurance company  access  to the  medical                                                               
files for the purpose of deciding whether to pay for care.                                                                      
                                                                                                                                
CHAIR DAVIS held SB 267 in committee.                                                                                           
                                                                                                                                
                   SB 243-COMMISSION ON AGING                                                                               
                                                                                                                                
CHAIR DAVIS announced consideration of SB 243.                                                                                  
                                                                                                                                
2:53:38 PM                                                                                                                    
TOM OBERMEYER,  Staff to Senator Davis,  introduced the committee                                                               
substitute  for  SB 243,  version  C.  He  said  this is  an  act                                                               
relating to duties  and powers of the Alaska  Commission on Aging                                                               
in  the  Department of  Health  and  Social Services  (DHSS).  He                                                               
directed the committee's attention to  a new fiscal note attached                                                               
to the bill and explained  that the CS contained clarification on                                                               
the  duties of  the executive  director who  would take  the lead                                                               
role  in  formulating and  submitting  a  statewide plan  to  the                                                               
Department of Health and Social Services (DHSS).                                                                                
                                                                                                                                
He described  this as a "cleanup  bill" to align the  mission and                                                               
activities of the Alaska Commission  on Aging with state statutes                                                               
and  bring  into  line  the  grant  duties  and  responsibilities                                                               
previously  given  to  DHSS  when the  Commission  on  Aging  and                                                               
Division of  Senior Services became  part of the  department. Any                                                               
fiscal  impact  from  these  changes  was  already  realized  and                                                               
assimilated into the grant process.                                                                                             
                                                                                                                                
MR. OBERMEYER  said the bill  assigns authority  for establishing                                                               
state  policy related  to older  Americans, Act  federal programs                                                               
and  state programs  for  older Alaskans,  to  the Department  of                                                               
Health and Social Services (DHSS) as  the state unit on aging. It                                                               
transfers  grant  authority  related to  senior  service  grants,                                                               
adult daycare,  and family  respite care  grants from  the Alaska                                                               
Commission  on  Aging to  the  Department  of Health  and  Social                                                               
Services  (DHSS). The  department  assigned these  administrative                                                               
duties to Senior and Disability Services.                                                                                       
                                                                                                                                
MR. OBERMEYER  explained that the  Alaska Commission on  Aging is                                                               
responsible  for planning  the advocacy  and community  education                                                               
activities related to  the health and welfare  of older Alaskans.                                                               
It has  relationships with state departments  and agencies across                                                               
the state  including the Governor's office,  Alaska Mental Health                                                               
Trust  Authority, Alaska  Housing Finance  Corporation, and  non-                                                               
governmental  organizations.  According  to the  state  plan  for                                                               
senior  services  for  fiscal years  2008-2011,  Alaska  has  the                                                               
largest proportion  of baby boomers  (32 percent) in  the nation,                                                               
and  the senior  population  is growing  faster  than almost  any                                                               
other state. Projections  indicate that by 2030,  seniors 60 plus                                                               
will comprise  17 percent of  Alaska's population and  the number                                                               
of those over 65 will have  doubled. This CS was designed to help                                                               
clarify state duties and responsibilities in this regard.                                                                       
                                                                                                                                
2:56:31 PM                                                                                                                    
JOANNE GIBBONS,  Health Program Manager,  Division of  Senior and                                                               
Disability  Services, Department  of Health  and Social  Services                                                               
(DHSS), stated  support for  SB 243. She  said the  bill codified                                                               
what had  been in place and  working well since 2003  in terms of                                                               
the organizational structure, the  commission and the department.                                                               
Executive  order  108 issued  by  Governor  Murkowski, moved  the                                                               
Alaska Commission on Aging from  the Department of Administration                                                               
to the Department  of Health and Social Services  (DHSS). As part                                                               
of  that,  responsibility for  grants  was  also moved  from  the                                                               
commission to the  department. The impetus for this  bill was, in                                                               
part, a  legislative audit performed  as part of a  sunset review                                                               
for  the commission,  which advised  the law  be brought  in line                                                               
with the existing structure.                                                                                                    
                                                                                                                                
DENISE DANIELLO, Executive Director,  Alaska Commission on Aging,                                                               
Department of  Health and Social Services  (DHSS), stated support                                                               
for  SB  243.  She  submitted  written  testimony  outlining  the                                                               
history  of events;  the intent  of  this legislation  as it  was                                                               
presented  by   Joanne  Gibbons;  the  partnership   between  the                                                               
commission on aging with Senior  and Disability Services, and the                                                               
Department  of  Health and  Social  Services.  The commission  on                                                               
aging, along  with the Department  of Health and  Social Services                                                               
partnered to assist the Department  of Health and Social Services                                                               
to  carry   out  its  state   unit  on   aging  responsibilities:                                                               
administration of  grant funds  from the  Older Americans  Act to                                                               
community senior provider agencies,  providing services for older                                                               
Alaskans,  and  planning  for  senior  services.  The  commission                                                               
developed a state  plan for senior services,  a planning document                                                               
required  by  the  US  Administration on  Aging  to  present  the                                                               
state's plan on  how Older Americans Act funds will  be used. The                                                               
plan was  completed in July  of 2007 in collaboration  with about                                                               
20 agencies.  The commission  is required  by statute  to provide                                                               
recommendations  to the  Governor and  the legislature  regarding                                                               
regulations,  policies  and  appropriations  that  benefit  older                                                               
Alaskans. It is  also required to provide  recommendations to the                                                               
Department of  Health and Social  Services and the  Mental Health                                                               
Trust  Authority regarding  provisions of  funds from  the Mental                                                               
Health  Trust  Settlement  Act  to  provide  services  for  older                                                               
Alaskans affected  by Alzheimer's  disease and  related dementia,                                                               
mental health and behavioral health conditions.                                                                                 
                                                                                                                                
MS.  DANIELLO  added  that   the  commission  provides  community                                                               
education in a  variety of ways including public  comment at each                                                               
of  its quarterly  meetings, rural  outreach visits,  visits with                                                               
senior  provider  agencies  during those  meetings,  a  quarterly                                                               
newsletter  and  a  bi-weekly legislative  teleconference  during                                                               
sessions.                                                                                                                       
                                                                                                                                
3:02:11 PM                                                                                                                    
SENATOR  ELTON said  he understood  that they  were bringing  the                                                               
statute  into compliance  with what  was  already happening,  but                                                               
felt he  needed to  better understand the  role of  the executive                                                               
director.  He  directed  Ms.  Daniello's  attention  to  page  4,                                                               
section  3  and  ventured  that   the  executive  director  would                                                               
formulate  and  submit  a comprehensive  statewide  plan  to  the                                                               
department, but would no longer administer those programs.                                                                      
                                                                                                                                
MS. DANIELLO  replied that  he was correct;  the agency  would be                                                               
responsible for administration.                                                                                                 
                                                                                                                                
3:04:10 PM                                                                                                                    
SENATOR ELTON  moved to adopt  the proposed  committee substitute                                                               
(CS)  for SB  243, version  /C and  asked for  unanimous consent.                                                               
There being no objection, version \C was adopted.                                                                               
                                                                                                                                
CHAIR DAVIS expressed her desire  to move this legislation out of                                                               
committee  to  Finance, unless  there  were  other issues  to  be                                                               
addressed.                                                                                                                      
                                                                                                                                
SENATOR ELTON  moved to  report committee  substitute to  SB 243,                                                               
version  /C,  from  committee  with  individual  recommendations,                                                               
attached zero  fiscal note(s) and unanimous  consent. There being                                                               
no objection, CSSB 243(HES) moved from committee.                                                                               
There being  no further  business to  come before  the committee,                                                               
Chair Davis adjourned the meeting 3:05:42 PM.