AL House Health Committee Advances Midwifery, Age Of Consent, Medical Gag Bills; Holds Over School Food Dyes Ban

The Alabama House Health Committee considered four bills on Wednesday, April 23. The Committee advanced three bills and held another over until next week in the second half of Wednesday’s meeting.

Debate on SB87, concerning midwifery practice in Alabama, was the subject of the first half of the meeting, as ALPolitics.com has reported.

SB87, as originally proposed, would expand the scope of practice of midwifery in Alabama and further the powers of the State Board of Midwifery. Sponsored by State Senator Arthur Orr (R-Decatur), widely differing views on the bill were heard during a public hearing. The main concerns centered around basic newborn screening tests—blood spot, pulse oximetry, hearing screen—that are the standard of midwifery care in other States but are not currently allowed in Alabama. 

SB87 received a favorable report by the Committee on a voice vote, and now goes to the full Senate for consideration.

HB491, sponsored by Rep. Reed Ingram (R-Pike Road) would prohibit Alabama public K-12 schools from selling, permitting the sale of, serving, or providing any food containing Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2 or Green Dye No. 3..

Rep. Ingram said that there are 13 States that have completely banned Red Dyes, and more than 20 States that have removed them from their schools. He stated that the Alabama State Department of Education supported the bill, but they had requested a delay for the start date because of the time lag involved in school supply contracts. It was pointed out that these bans are currently being considered at the federal level, and that Red Dye No. 3 has already been banned by the FDA.

Virginia Banister, President of the Alabama Beverage Association rose in opposition to HB491, saying it would place Alabama in an unprecedented position of regulating foods and beverages—a role currently held by the FDA. A state-by-state patchwork of ingredient bans would only create confusion and reduce choices for customers and retailers, she said.

Rep. Arnold Mooney (R-Pelham) asked if this ban was being considered by the State Board of Education, and questioned whether or not it was appropriate for the Legislature to be taking this up. A representative of the State Department said that they had no position on the bans, they were responding to the bill as presented, and she was unaware of the Board discussing this issue as of yet.

Since an offered amendment to HB491 was not available for the Committee’s review in an acceptable time frame, HB491 was carried over to next week’s meeting.

SB43, by Senator Tim Melson (R-Lauderdale/Limestone), would bar the enforcement of contract provisions that prevent physicians and pharmacists from discussing treatment costs and options with patients and others. It would make sure health care professionals “are not gagged in any way” when discussing costs and healthcare choices. The bill has to do with PBMs (Pharmacy Benefits Managers) and others, according to Senator Melson.

SB43 received a favorable report from the Committee.

SB101, by Sen. Larry Stutts (R-Colbert/Franklin/Lawrence/Limestone) was presented to the Committee by Rep. Susan DuBose (R-Hoover). SB101 would raise the age at which a minor can give consent for medical, dental and mental health treatment to 16 years of age. It would also prohibit health care providers and some governmental entities from denying parents access to their child’s health care information. A substitute to the bill was presented. Rep. DuBose pointed out that the current age of consent is 14, the lowest in the nation. Exceptions to the bill include pregnancy, divorce, emancipation or certain other situations were described by Rep. DuBose.

SB101 has been “in the works” for some time, according to Committee Chairman Paul Lee (R-Dothan). SB101 was given a favorable report on a voice vote.

Notably absent from today’s Committee agenda and discussion were a number of health and medical freedom bills, including

-HB520 the Conscientious Right To Refuse Act

-HB444 requires religiously-affiliated private schools or church schools to accept religious exemptions for vaccinations or face losing tax benefits or funding

-HB503 clarifies that a written declaration is sufficient documentation to exempt a child from a vaccine requirement for religious reasons, and extends exemptions to public institutions of higher education

-HB316 would expand the definition under Alabama law of the term “drug” to include any food product containing vaccines or vaccine material

Several grassroots organizations have issued Calls To Action urging their members and the general public to contact Health Committee Chairman Lee, Speaker Nathaniel Ledbetter (R-Rainsville), the members of the Health Committee and their own Representatives to ask that these bills be added to the Committee’s agenda.

These health/medical freedom bills are currently awaiting action by the House Health Committee. With only four legislative days remaining—one day after next week’s Committee meeting—it’s unlikely that any of these bills will pass this session.

The House Health Committee meeting may be viewed on YouTube on The Alabama Channel HERE.