House passes legislation making it illegal for persons under 21 to possess or purchase vape products
On Tuesday, May 16, the Alabama House of Representatives passed legislation to prevent children from being able to buy vape products. The bill bans the sale of vapes to anyone under 21. It also established the Alcohol Beverage Control Board as the agency tasked with enforcing these regulations. House Bill 319 (HB319) is sponsored by State Representative Barbara Drummond. “This is another bite at the vaping apple,” Drummond said. “The purpose of this bill is to protect young people under 21 from vaping,” Drummond said. “This makes it illegal to purchase, possess, or transport any vaping products.” HB319 expands the definition of electronic nicotine delivery systems to include vape products that do not contain nicotine. Drummond explained that her previous legislation was difficult to enforce. “We will now have an opportunity for ABC to help,” Drummond said. “I have gotten 1200 vaping violations this year.” “There will be consequences for those kids that are continually vaping in our communities,” Drummond added. Drummond asked that the body adopt the substitute version of the bill prepared by the House Judiciary Committee. Rep. A.J. McCampbell (D-Livingston) said, “I am glad to know that we are going to have something out there, and I look forward to voting for it.” “Our children are exposed to a lot of things that frankly they should not be exposed to,” McCampbell said. Drummond said, “This is for the health of our young people.” “We did not have the enforcement,” in my previous bill Drummond said. Under existing law, there is no fee for a permit to distribute tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products. This bill would require a one-time application fee and an annual permit fee for the distribution of those products and would provide for the distribution of those fees. “We do not get any money from this industry now,” Drummond explained. “I have worked with more groups on this piece of legislation.” Drummond said, “I am only concerned with young people 21 years and younger.” McCampbell said, “You have evolved from one level of understanding and moved to another level of understanding on this topic.” Rep. Mark Shirey said, “We are going to have some long-term health problems from vaping.” Drummond explained that the bill creates “a graduated penalty process for those young people who vape and who continue to vape, especially on school campuses.” The House voted to adopt the committee substitute. Rep. David Faulkner brought an amendment to the bill as substituted. “It has how the fees should be collected and how the fees should be distributed,” explained Faulkner. “On the punishment on sellers, it makes this penalty a ‘shall’ so they will receive that punishment. It is not an issue of ‘may.’” Drummond said. “I think this will be a great amendment, and I appreciate you working with me.” Rep. Napoleon Bracy asked, “Can you tell me a little about the penalties? The penalties are enforced by the ABC Board?” “Yes, that is correct,” Faulkner said. “It is a graduated penalty. So on a first violation, a $500 fine, or subsequent $700, then $1000. Eventually, you will lose your permit.” The amendment was adopted on a vote of 101 to 0. Rep. Curtis Travis said, “It is a major problem for school systems. Thank you for bringing this bill.” Rep. Ron Bolton said, “I want to thank you for bringing this bill and the bipartisan way that you worked on it.” HB319 passed the Alabama House of Representatives 100 to 1. It now goes to the Senate for their consideration. Vape industry representatives have contacted Alabama Today and expressed their unhappiness with the definitions in the bill. Additionally, they insist that their products are far safer than smoking and that further cracking down on vape products in Alabama will only lead to products being brought across state lines. HB319 has been referred to the Senate Judiciary Committee, which meets next on Wednesday at 8:30 a.m. in Room 325 of the Statehouse. The committee agenda has not been posted as of press time. Tuesday will be day 24 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House passed legislation to expand the scope of practice of optometrists
On Tuesday, the Alabama House of Representatives passed legislation that would expand local optometrists’ services. House Bill 349 (HB349) is sponsored by State Representative Danny Garrett. “1995 was the last time we expanded our optometry law in terms of scope of practice,” Garrett said. “A lot of things have changed since 1995. Nobody had smartphones then?” Garrett said that many things have also changed in optometry over the last 28 years. “What this bill does is very strictly limited,” Garrett said. “It allows optometrists to perform three procedures they are already trained to do.” Followers of the Alabama Legislature know that optometrists and ophthalmologists have been fighting for decades over the scope of practice that the state of Alabama will allow trained optometrists to do. “I have been carrying this legislation for seven years,” Garrett said. Garrett explained that this was also about giving citizens access to healthcare as 57 counties have an optometrist practicing there, but only 23 counties have an ophthalmologist. “This is a turf thing,” for the ophthalmologists Garrett said. “We haven’t seen an increase in ophthalmologists in Alabama. I have never seen a plan to expand ophthalmology in Alabama.” Garret explained that this legislation would not allow optometrists to make injections in the eyeball or perform eye surgeries. Rep. Mark Shirey is an optometrist. “We have to be trained under an ophthalmologist,” Shirey said. “The vaccines were suggested by the ophthalmologists.” Rep. Thomas Jackson said, “I have to drive 102 miles to see an ophthalmologist even though we have several optometrists who practice in Thomasville and Clarke County.” House Minority Leader Anthony Daniels said, “I have been here ten years dealing with the scope of practice, and I have not seen any expansion of access to ophthalmologists.” “When you compare this with other states, this is actually the most restrictive bill to expand the scope of practice, and they are still not satisfied,” Daniels said. “We have groups out there who are opposed to things just to be opposed to it.” “I have heard more from the opposition than I have heard in the last eight months,” Daniels continued. “There are always going to be fear tactics used. This is just how some of these folks operate.” “If you are not going to recruit more specialists to the state of Alabama, then these are the things that we are going to look at to provide access,” Daniels said. “I think it is a great piece of legislation. It is more restrictive than what I expected, but it is a start.” Daniels said that the procedures, including corrective lasers, are fairly simple. “I might be able to do that, not that I am seeking to expand the scope of practice to myself,” Daniels said, “The insurance companies that provide the malpractice insurance are not coming out against this. That they are not opposing this legislation makes me wonder what is the real issue here.” “The optometrists will tell you that there are six or seven procedures that ought to be on here,” Garrett said. “This would just allow optometrists to do what they are trained to do it, albeit on a very restricted basis.” Rep. Barry Forte said, “I represent District 84. I represent a lot of poor folks. I have one constituent; she is over 70 years old, and she has to go all the way to Dothan to get this procedure on her eyes. She is 50 miles from Dothan. She has to pay somebody to drive her all the way to Dothan to get this procedure. She lives only half a mile from the doctor’s (optometrist) office. This is the best bill I have ever seen.” Rep. Danny Crawford explained that he had to go out of state for an eye procedure because his optometrist wasn’t allowed to treat the problem. Crawford said, “It (the procedure) took ten minutes. I had to go out of state.” Rep. A.J. McCampbell said, “You may not be able to see if you wait for five or six weeks, as Rep. Crawford said. I have people who struggle to go to the grocery store. It takes my people an hour drive to get medical procedures done that they need.” The House passed HB349 83 to 6. The legislation now goes to the Senate for their consideration. Thursday will be day 20 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama Farmers Federation announces more endorsements for House candidates
Thursday, The Alabama Farmers Federation (ALFA) announced another round of endorsements for candidates seeking election to the Alabama House of Representatives, Yellowhammer News reported. FarmPAC, ALFA’s political arm, helps determine who to endorse. ALFA is Alabama’s largest farm organization representing agricultural and associate members in all 67 Alabama counties. FarmPAC has endorsed the following candidates. Mark Shirey for House District 100 Brock Colvin for House District 26 Jennifer Fidler for House District 94 Mike Kirkland for House District 23 Shirey is an optometrist in West Mobile. He was president of the Alabama Optometric Association and coordinated with state leadership to write legislation for expanded access to eye care services across Alabama. Colvin is a fifth-generation resident of Marshall County and graduated from the University of Alabama with a double major in finance and economics. “My background in finance gives me the skill I will need to roll up my sleeves and protect our tax dollars,” Colvin stated. “We are taxed enough. I will work for lower taxes and better fiscal responsibility out of state government.” Fidler, a Silverhill native, attended Auburn University, where she obtained a degree in Ornamental Horticulture in 1992. She served on the City of Fairhope Planning Commission from 2007 to 2017. With over 25 years of leadership in local government, Fidler retired in 2018 from public service. Kirkland was born and raised in Jackson county. “I am proud of being a part of our community, and now is the time to do even more,” said Kirkland. “I want to serve the great people of Jackson County and be their voice in Montgomery.” ALFA began announcing state legislative endorsements last October. The primary election will take place on May 24, 2022.
