835 Alabamians killed by fentanyl in 2022
The surge of fentanyl in the state has resulted in increased deaths from the deadly drug. Alabama State Public Health Officer Scott Harris reports that fentanyl deaths have gone from 121 in 2018 to 835 in 2022. “Fentanyl abuse is a crisis nationwide, and the state of Alabama is no exception,” Harris reported in his recent column. “Alabama has experienced an alarming increase in the number of fentanyl-related overdose deaths in recent years—from 121 in 2018 to 193 in 2019, and to 428 in 2020. Preliminary numbers show 830 Alabama resident deaths in 2021 and 835 deaths in 2022 related to this powerful drug.” Fentanyl deaths were up in 2022 even though paramedics, police departments, schools, churches, and even parents are increasingly prepared to respond to overdose emergencies with products such as Narcan. ADPH is part of a statewide education campaign to inform the public about the dangers of the drug. “Our department is committed to fighting this growing epidemic and has joined a group of statewide organizations that have launched the “Odds Are Alabama” campaign to prevent fentanyl-related overdose deaths and poisonings,” Dr. Harris continued. “Other campaign sponsors include the following concerned organizations and agencies: Alabama Chapter of the Academy of Pediatrics, Alabama Chapter of the American College of Emergency Physicians, Alabama Department of Mental Health, Alabama Hospital Association, Blue Cross and Blue Shield of Alabama, Medical Association of the State of Alabama, Scout Branding Company, and VitAL Alabama.” “About two-thirds of all overdoses nationwide are attributed to synthetic drugs like fentanyl,” Dr. Harris explained. “While the synthetic opioid fentanyl was originally developed for pain management in cancer patients, illegal drug manufacturers have abused it by adding fentanyl to other drugs to increase their potency. Criminal drug networks are mass-producing counterfeit pills to deceive the public.” On Thursday, Governor Kay Ivey signed legislation that set mandatory minimum sentences for persons convicted of trafficking in fentanyl. “The entire nation should take note of what we accomplished today in Alabama with the passage of House Bill 1, the bill to help combat the fentanyl crisis,” Ivey said. “Every member of the Legislature – Republican and Democrat – came together to pass this critical piece of legislation.” Under this legislation, a person found with just six grams of fentanyl could spend the rest of their life as a guest of the Alabama Department of Corrections if convicted. “Combatting this deadly drug will continue to be a top priority for our Alabama Law Enforcement Agency, and I will do everything in my power to stop this drug from being a killer in Alabama,” Ivey said. “I commend Rep. Matt Simpson for his leadership on this issue, as well as all members of the Alabama Legislature for sending this bill to my desk.” Dr. Harris points out that drug dealers are selling fake prescription drugs that are, in reality, highly addictive fentanyl. “Many fake pills are made to look like prescription drugs such as oxycodone (Oxycontin®, Percocet®), hydrocodone (Vicodin®), and alprazolam (Xanax®); or stimulants like amphetamines (Adderall®),” Harris said. “Six of 10 counterfeit prescription pills analyzed by the DEA Laboratory in 2022 contained a potentially deadly dose of fentanyl. A lethal dose of fentanyl is only about 2 milligrams, equivalent to just a few grains of salt. Fentanyl is inexpensive to manufacture, and in 2021 the DEA seized enough fentanyl to kill every American. In addition to pills, fentanyl is found in capsule form and can be disguised as gummies or candies to attract children.” Narcan, administered as a nasal spray, is now available over the counter. In addition to Narcan, naloxone is available in an injectable form and in other doses. The other formulations and dosages of naloxone will remain available by prescription only. Dr. Harris has a standing order in place that allows pharmacists to dispense naloxone formulations and dosages that are prescription only. Medicaid patients can access naloxone through prescription. “The Alabama Pharmacy Association applauds the FDA’s decision to make this life-saving drug available without a prescription to anyone who needs it,” said Louise Jones, APA chief executive officer. “Only the Narcan 4 mg nasal spray version has been approved for over-the-counter (OTC) use. The Alabama current statewide standing order issued by the state health officer will remain in place as the injectable version will still require a prescription. It should be noted that Alabama Medicaid recipients have coverage for the nasal spray, but Medicaid requires a prescription for OTC products. APA, in collaboration with the Alabama Department of Public Health and Alabama Medicaid, has worked to maintain access for our state’s most vulnerable population.” Given the growing propensity of drug dealers to spike their products with fentanyl, do not buy anything from street dealers or shadowy pharmacy sales sites. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama Senate approves bill defining emergency service personnel as medical providers for liability purposes
On Thursday, the Alabama Senate passed legislation to ensure that emergency medical service (EMS) personnel are treated similarly to doctors and nurses in the Alabama courts regarding Alabama’s medical liability laws. Senate Bill 96 (SB96) is sponsored by State Senator Sam Givhan. Senator Givhan explained that SB96 addresses the definition of healthcare provider under the Alabama Medical Liability Act of 1996 and would give emergency services personnel the “same protections for our doctors, nurses, and optometrists” under Alabama’s civil liability laws. “These people are making split-second decisions,” Givhan said. According to the synopsis, “This bill would amend the Alabama Medical Liability Act of 1996 to provide that the term “health care provider” as used in that act and the Alabama Medical Liability Act of 1987 would include emergency medical services personnel and any emergency medical provider service.” SB96 passed the Senate 30 to 0. Alabama has a shortage of EMS personnel, and many areas struggle to maintain EMS service. In most cases, EMS personnel are the first medical professionals on the scene when an Alabamian, particularly in rural Alabama, has a medical emergency. Getting that person stabilized and transported to a hospital quickly is often the difference between life and death. The COVID-19 global pandemic only made the state’s shortage of EMTs more severe as many paramedics left the field. Some EMTs died from COVID-19. By 2021, there were reports that North Alabama had a thirty percent shortage of EMTs, resulting in citizens needing to wait longer for an ambulance, and EMTs in the field working overtime shifts due to the lack of workers. Sam Givhan represents Alabama Senate District 7 in Madison County. Givhan is a Republican in his second term in the Alabama Senate. He is an attorney with degrees from Auburn University and the University of Alabama School of Law. SB96 now moves to the Alabama House of Representatives for their consideration. The bill has been assigned to the House Health Committee. Tuesday will be day 8 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com
Katie Britt, Tommy Tuberville, and John Thune lead effort to repeal the death tax
U.S. Senators Katie Britt, Tommy Tuberville, John Thune, and 39 of their Senate colleagues reintroduced The Death Tax Repeal Act, which would permanently repeal the federal estate tax, more aptly known as the Death Tax. Sponsors say that The Death Tax Repeal Act would end this purely punitive tax that can potentially kill family farms, ranches, and businesses due to the owner’s death. “Alabama’s incredible farmers and cattlemen work tirelessly throughout their lives to feed and clothe our state, nation, and world while responsibly stewarding their land for future generations,” said Sen. Britt. “The Death Tax effectively forces the next generation of farm families to decide between bankruptcy or selling their farm to a corporation or a foreign entity. No American farm family, already suffering from the loss of their loved one, should be faced with this devastating choice. This is not only a matter of what is just, but also one that affects our food security. Repealing the Death Tax safeguards Alabama’s over 44,000 farms, 97% family-owned. I will continue to fight to protect the ability of Alabama farmers, cattlemen, and small business owners to live the American Dream and pass on their family’s legacy and livelihood to their children.” “The Death Tax destroys American jobs by stifling profitable businesses that employ hardworking Americans,” said Sen. Tuberville. “Our government should be focused on creating an economic environment that preserves small businesses and family farms instead of taxing them out of operation. I will keep pushing for policies that incentivize our next generation of farmers and business owners so that we can continue to rely on their contributions for a strong economy.” “Agriculture is the backbone of South Dakota’s economy,” said Thune. “For years, I have fought to protect farm and ranch families from the onerous and unfair death tax. Family-owned farms and ranches often bear the brunt of this tax, which makes it difficult and costly to pass these businesses down to future generations. I will continue to do everything in my power to remove these roadblocks for family businesses and repeal the death tax once and for all.” The Senators argue that the Death Tax is a form of double taxation, which is inherently unfair. Adding insult to injury, the Death Tax can be more burdensome on people with smaller estates – meaning it predominantly harms working-class landowners, small businesses, and family farmers and cattlemen. The sponsors claim that studies have shown that repealing the Death Tax would spur economic growth, create jobs, and increase wages. Senators Britt and Thune were joined in cosponsoring the legislation by Senate Minority Leader Mitch McConnell. The bill is supported by members of the Family Business Coalition and the Family Business Estate Tax Coalition, including the American Farm Bureau Federation, the National Cattlemen’s Beef Association, the National Federation of Independent Businesses, the Associated General Contractors of America, the National Association of Home Builders, the National Association of Manufacturers, and many others. Katie Britt was elected to the Senate in 2022. Tuesday will be day 8 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes bill guaranteeing the rights of patients to receive visitors
On Thursday, the Alabama House of Representatives voted in favor of legislation that would guarantee that family members may spend time with their sick and dying loved ones in an Alabama hospital or nursing home. The legislation has already passed the Senate, so it now is in the Governor’s office awaiting her signature. Senate Bill 113 (SB113) is sponsored by State Sen. Garlan Gudger. It is being carried in the House by Rep. Debbie Wood. SB113 requires healthcare facilities to adopt certain visitation policies. Specifically, it provides that patients have a right to visitation. Patients are allowed to designate an essential caregiver, and this bill guarantees that that caregiver has visitation rights. Rep. Wood explained that a patient could change their caregiver while in the hospital. For example, one adult child could be the designated caregiver on one day and their sibling on the next. Wood also said that the bill prohibits a healthcare facility from requiring visitors to show proof of vaccination. They also are prohibited from banning consensual physical contact between visitors and patients. Wood explained that the Alabama Department of Public Health (ADPH) will be tasked with requiring healthcare facilities to provide visitation policies to the Department and of Public Health. That visitation policy cannot be more restrictive than the policy that the hospital has for its staff. ADPH will develop a mechanism for complaints to be lodged and will have a page on its website that explains the visitation rights law. SB113 also provides for certain immunity from liability. Woods said that a doctor may, in certain circumstances, exempt a psychiatric care facility from the visitation requirement. The legislature passed a bill last year establishing patients’ visitation rights, but that bill was virtually unenforceable. “Last year, we passed House Bill 521,” Wood said in Committee. “The problem was we still had family members who were not able to get into see their loved ones.” This bill would allow a health care facility to suspend in-person visitation of a specific visitor if a visitor violates the facility’s policies and procedures.” The impetus for this bill resulted from highly restrictive (in many cases – complete and total bans on visitations) during the COVID-19 global pandemic. The bill is named after Harold Sachs – the longtime Chief of Staff of the Alabama Republican Party. Sachs was diagnosed with COVID-19 and pneumonia in late 2020. His condition deteriorated quickly, and after a few weeks, he passed away. Sachs’ family – like many Alabama families- were not allowed to visit Harold in the COVID-19 ward. Woods credited the Sachs family for their efforts in getting the bill passed. The bill also was amended to include the name Ann Roberts in the title. Ann Roberts was the wife of State Sen. Dan Roberts. She lost a long battle with COVID-19 in 2021. State Rep. Mary Moore felt that the bill went too far in limiting a hospital’s ability to pass rules to prevent the spread of disease. SB113 passed the Alabama House of Representatives 100 to 1. SB113 has already passed the Senate on a 33 to 0 vote. It now goes to Governor Kay Ivey for her consideration. Ivey could sign the bill into law, or she could veto it and send it back to the Legislature with a recommendation for changes. It takes a simple majority of each house of the legislature to override a governor’s veto in Alabama. Tuesday will be the eighth legislative day of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits the legislature to no more than thirty legislative days in a regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com
Bill filed to eliminate Class D felony classification
On Thursday, legislation was filed to repeal the 2015 sentencing reform legislation creating the Class D felony. The Class D felony was created by 2015 legislation to steer low-level offenders away from prison. House Bill 271 (HB271) is sponsored by State Rep. Chris Sells. HB271 has 48 Republican cosponsors, including House Majority Leader Scott Stadthagen. Crimes in Alabama are divided between felonies and misdemeanors. Felonies are further subdivided into four categories: Class A, B, C, and D. A Class D felony carries a standard sentence of between 366 days to five years, while a Class C felony carries a standard sentence of between 366 days to ten years. Class D offenses include theft of between $500 and $1500, illicit use of a credit card, and, perhaps most commonly, possession of illegal drugs for personal use. Offenders convicted of a Class D felony, however, must receive a split sentence, with some time on probation, unless they have already been sentenced to drug court, probation only, or a pretrial diversion program or have a prior conviction for a Class A, B, or C felony. Class D felons must be sent to a community corrections jail alternative, while Class C felons may be in prison, a jail-type alternative, or a treatment facility. Class C felons may also be confined in a community corrections program, while Class D felons must be sent to this type of jail alternative. HB271 “would eliminate the Class D felony classification and reclassify current Class D felony offenses. This bill would repeal Class D felony offenses created by Act 2015-185 and any criminal offense classified as a Class D felony offense. This bill would require the Alabama Sentencing Commission to immediately modify its standards, worksheets, and instructions necessary to comply with current law.” The creation of the Class D felony was a product of then-Governor Robert Bentley’s prison reform task force. The sentencing reform legislation, Senate Bill 67, was passed in 2015 to address the problem of overcrowding in the Alabama Department of Corrections (ADOC). The 2015 reforms did alleviate (at least for a time) prison overcrowding but have not been popular with county sheriffs and local law enforcement. At the time, the legislation was hailed by both the conservative-leaning Alabama Policy Institute and the left-leaning American Civil Liberties Union (ACLU) of Alabama as a necessary step forward to address the state’s perceived over-incarceration problem. SB67 passed the Senate 27 to 0 and the House 100 to 5 in 2015. Alabama presently has a new mega-prison under construction in Elmore County, and ADOC is doing site work for a second mega-prison in Escambia County. HB271 has been referred to the House Judiciary Committee. Tuesday will be day 8 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits regular sessions to no more than 30 legislative days. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
State Senate approves allowing state police to retire at age 52 or after 25 years of service
On Thursday, the Alabama Senate passed legislation allowing Tier II state police officers to retire at age 52 with at least ten years of service or at any age with just 25 years of service. Senate Bill 68 (SB68) is sponsored by State Sen. Clyde Chambliss. According to the synopsis, SB68 “would reopen the State Police Tier II Plan to any employee of the Alabama State Law Enforcement Agency (ALEA) who is certified by the Alabama Peace Officers’ Standards and Training Commission and performs law enforcement duties and would modify the Tier II benefits received by State Police Tier II members to allow 25-year retirement and hazardous duty time, and would clarify that an employee of the Alabama State Law Enforcement Agency who is certified by the Alabama Peace Officers’ Standards and Training Commission is a state policeman.” According to the fiscal note, SB68 would “allow Tier II state policemen to (1) withdraw from service at the age of 52, with at least ten years of creditable service; (2) withdraw from service after completion of at least 25 years of creditable service, regardless of age; and (3) provide one-year of hazardous duty time for every five years of creditable service.” “According to the actuary for the Retirement Systems of Alabama, this act would increase the unfunded liability of Employees’ Retirement System (ERS) by an estimated $13.3 million,” the fiscal note reports. “This liability may be offset by increasing the ERS employer contribution rate paid by the Alabama Law Enforcement Agency (ALEA) in FY 2024 for State Police Tier II by 6.26% and by decreasing the ERS employer contribution rate for State Police Tier I by 0.43%. The net estimated increase in employer contributions for State Police in FY 2024 is an estimated $2.8 million annually (based upon current payroll data). However, this increase in the employer contributions paid by ALEA would be offset partly by the decrease in ALEA’s employer contributions to the ERS plan for the legacy FLC employees of approximately $537,000.” The fiscal note was written by analyst Peter Grogan. Tier II retirement was created as a budgetary reform during the budget crisis eight years ago. Those legislators were facing a scenario where the state was paying the healthcare and retirement needs of retirees – some as young as in their forties – and their elderly predecessors. Under the budget reforms then, Tier II employees (i.e., newer employees) could not collect retirement until they were 62 years old. At the time, law enforcement officers and firefighters claimed this would be a burden. Now that the state is in economic boom times, the problem is in recruiting and retaining workers, such as ALEA officers, rather than the budget crisis that dominated the legislature in the years following the Great Recession. Senate Bill 68 passed the Alabama Senate 31 to 0. The bill now goes to the Alabama House of Representatives, where it has been referred to the House Ways and Means General Fund Committee. Tuesday will be day 8 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House passes legislation requiring high school students to hit college or career benchmarks
On Thursday, the Alabama House of Representatives passed legislation requiring Alabama high school students to have achieved certain college or career benchmarks to graduate from high school. The legislation also creates a database of credentials and the workers in the state that have earned those credentials. House Bill 109 (HB109) is sponsored by State Rep. Terri Collins. HB109 is titled the Career Pathways Act. “Students, in order to graduate, will have to have a college-ready indicator or a career-ready indicator,” Collins said. Collins explained that a college-ready indicator may be achieving an ACT benchmark score, completing an advanced placement class, or taking dual enrollment classes. Collins said that a career-ready indicator may be completing an apprenticeship program, workforce training, or receiving a credential in a career. HB109 creates the Alabama College and Career Readiness Act, the Alabama Credential Quality and Transparency Act as a new Division, and the Alabama Terminal on Linking and Analyzing Statistics on Career Pathways Act. To make it easier for employers and workers to navigate the increasingly complex system of credentials needed to apply for positions in the 21st-century economy, it provides for the creation of a free searchable public online registry of educational and occupational credentials. The act includes restrictions on releasing personally identifiable information, including procedures for handling data breaches. Collins explained that “schools will let students know what are the in-demand jobs in their area” and what degrees, credentials, or other qualifications are needed to pursue that. Rep. Steve Hurst thanked Collins for bringing the Legislation. “I have been preaching for workforce development since I got here,” Hurst said. “We have got to get the workforce. If we don’t, businesses will not come here because we don’t have the workforce, and when the businesses that are here get ready to expand, they will go elsewhere because they don’t have the workforce here.” Hurst is an original co-sponsor of the Legislation. The issue of how high schools will offer the career training students will need was discussed. “We have funding in the budget for schools that may need to advance their career tech training,” Collins explained. These include funding for medical labs, construction labs, welding labs, etc., and will be awarded through a grant process. Collins said HB109 is supported by the Alabama State Board of Education, which is already implementing these changes. “This is codifying something that the school board has already done,” Collins said. “We want to make sure that students have all the opportunities possible.” HB109 passed the House of Representatives 104 to 0. 80 members of the House signed on as co-sponsors. Speaker of the House Nathaniel Ledbetter said, “Congratulations, Terry – good bill.” The Legislation now goes to the Alabama Senate, where it has been assigned to the Alabama Education Policy Committee. Thursday was the seventh legislative day of the Alabama 2023 regular legislative session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
