States Increasingly Implementing Innovative Policy Approaches to Quell the E-Cigarette Use Epidemic Among Kids

Will Arizona Join In?

Electronic cigarette use among kids is a growing concern among some state and federal elected officials, appointees and other policymakers.  E-cigs are the most commonly used tobacco products among kids and young adults.  Nationally, e-cigarette use has grown 900% among middle and high school students from 2011 to 2015.

It’s happening in Arizona too.  Last year’s Arizona Youth Survey found that e-cig use was up dramatically across all three age groups:

  • 8th -graders: 21% reported using e-cigarettes in 2016- that’s up to 28% now

  • 10th-graders: 29.4% 2016, now it’s 39%

  • 12th-graders: 35% 2016, now it’s nearly half- at 46%.

Flavored e-cigs are far and away the most popular kind of e-cig for kids- and the data are clear that flavored e-cigs are attracting (and addicting) kids.  The data are striking.  

According to FDA, 96% percent of kids who started using e-cigs between 2016 and 2017 started with a flavored e-cig. The 2018 National Youth Tobacco Survey data found that 68% of current high school e-cig users used a flavored e-cig.

Those data are compelling- and it’s easy to see why some elected officials and appointed public health officials see regulating the sale of flavored e-cigarettes as  an important strategy to reduce youth e-cigarette use.

Regulating Flavored E-Cigarettes

As I mentioned in my policy update a few weeks ago, the HHS issued a press release announcing that they “intend” to remove all flavored e-cigarette products from the market until manufacturers of those products file premarket tobacco product applications with FDA.

Some Governors and state health officials have also taken executive and regulatory action to regulate flavored e-cigarettes. Last month Michigan became the first state to announce a ban on the sale of all flavored e-cigarettes. She based her decision on leadership from their state health department with their issuance of an emergency finding, and Governor Whitmer directed the agency to issue emergency rules banning the sale of vaping products.

New York‘s Governor Cuomo has instructed their state health department to convene an emergency session of their Public Health and Health Planning Council to consider banning flavored e-cigarettes. The Council adopted rules banning sales of most flavored e-cigarettes.

In Massachusetts, Governor Baker declared a public health emergency, and their state health department commissioner issued an order prohibiting the sale or display of all vaping products.

Some state legislatures are taking action on flavored e-gigs as well.

North Dakota’s governor signed HB 1477 prohibiting the sale of any flavored e-cigs.  Maine’s governor signed LD 1190 which penalizes the sale of flavored tobacco products, including e-cigarettes and flavoring, to anyone under 21.

The California legislature is considering matching bills (AB 739 and SB 38) that would prohibit tobacco retailers from selling flavored tobacco products including e-cigs.  

A similar Illinois bill (HB 3883) would create the Flavored Tobacco Ban Act which would prohibit the sale of any flavored tobacco product.

Massachusetts introduced companion bills (H 1902 and S 1279) that would prevent the sale of flavored cigarettes (and e-cigs).

Public Health advocates like ourselves can play an important role in building the evidence base and conducting the advocacy necessary to move elected and appointed officials to take action. 

Our administrative advocacy can take several forms- from collaborating with elected officials to develop legislation to take action- to working within state and county health departments to urge appointed officials to take action.  State health departments play a key role in catalyzing a response as well, if they take action.

So far, our Governor doesn’t appear to be supportive of banning the sale of flavored e-cigs in AZ.  He’s quoted in this article in the Arizona Capitol Times as saying “What I don’t want to do is take someone who is addicted (to nicotine), restrict them from finding a product and push them to the black market, so we’re going to have a measured approach.”

Perhaps if he knew that 96% percent of kids who started using e-cigs start with a flavored e-cig and that 68% of current high school e-cig users used a flavored e-cig  it would change his mind?

Please Promote Participation in the Title V Needs Assessment Survey

The 2020-2025 Maternal and Child Health Title V Needs Assessment Survey is underway, and they need your help to make sure they good data from the Assessment! 

This needs assessment is done every 5 years and is super important because the needs assessment results drive decision making and resource allocation for the next 5 years.  Getting good data from the needs assessment can make the difference between getting great public health results and getting just mediocre or even no result.

The Federal Title V MCH Block Grant is a key source of support (including funding) for promoting and improving the health and well-being of mothers, children, adolescents, including children/youth with special needs, and their families.  

In order to accurately identify the needs of Arizona’s women and children, a needs assessment is conducted every five years. The results of the survey help to develop the priorities for the next five years. 

The survey is available in English & Spanish and should take about 20 minutes to complete. The survey data collection period will end on December 31, 2019. All Arizona residents including service providers and families are welcomed to take the survey. 

Please participate in the survey and promote it with your partners and families. They have created two flyers, in English and Spanish that can be shared and distributed. In addition, they can mail printed copies of the flyer to your organization for waiting rooms. Printed flyers can be ordered through here.

Anyone with questions about the survey can contact the ADHS Office of Assessment and Evaluation at 602-542-2233 or at bwch.oae@azdhs.gov.

Member Vote: Proposed New AzPHA Board Member Slate

The AzPHA Board of Directors is pleased to propose a slate of incoming Board Members to replace the folks that will be transitioning off the Board at our Annual Meeting on October 29, 2019.  The Board has interviewed the candidates and is recommending that you (our members) approve their recommended slate of candidates. Please take a few minutes to vote on the recommended slate by October 14, 2019

AzPHA Board Recommendations

Vice President: Kim Van Pelt

Chief Regional Officer, First Things First CV

Dir. of Professional Development: Eric Tomlon, FACHE, MBA/MSHA

VP/Chief Operating Officer for Dignity Health Medical Group CV

Student Representative: Carolyn (Carly) Camplaign, JD

Sr. Program Coordinator, Center for Health Equity Research, NAU CV

Director of Public Policy: Zaida Dedolph

Director of Public Policy, Children’s Action Alliance. CV

A Big Thank You to our outgoing Board members- they have served AzPHA for many years and have done a lot of hard work for our organization- than we thank you!

Please take the time to thank our outgoing Board members!  We appreciate your service to AzPHA and to the people of Arizona!

  • Marcus Johnson: Immediate Past President

  • Eddie Sissons: Director of Public Policy

  • Lauren Savaglio: Director of Professional Development

  • Adrienne Lent: Student Representative

EPA & NHTSA Preempt State Fuel Efficiency Standards

This week the EPA filed a Final Rule that stops states from setting their own fuel efficiency fleet standards. California and 13 other states have more slightly aggressive fuel efficiency standards than the current EPA standards (AZ does not).  If today’ final rule withstands certain challenges it’ll prevent those states from having enhanced standards.

That’s important because the EPA is about to roll back the current federal fleet emission standards.  More on that in a bit. 

Under the existing national regulations, new cars, trucks, and SUVs fleets need to average about 50 miles per gallon by 2025. But back in 2018 the EPA & NHTSA proposed a roll back of the existing national vehicle fleet fuel efficiency standards (the current CA standard is basically the same as the current federal standard).

If the CA standard and the current national standard are the same, then what’s the big deal?

It’s a big deal because the Administration has proposed (but not yet finalized) a Rule that will roll back the current standards by stopping the progression of standards in 2021.  Rather than requiring a fleet average of 50 mpg by 2025, the proposed new federal standard would stop at 38 mpg (last year, the average fleet fuel efficiency was about 25 mpg),

So basically, the EPA this week set the stage for preventing CA and 13 other states from keeping the current standard of 50 mpg by 2025 when the EPA officially rolls back the standard (probably in the coming weeks).

Fuel efficiency standards are an important driver that pushes vehicle manufacturers to discover new ways of improving fuel efficiency and are an important strategy toward reducing greenhouse gas emissions.  The transportation sector is the largest contributor to atmospheric CO2 emissions.

You Can Be a Part of Increasing the Transparency of Arizona Elections

Elections have profound impacts on public health – good and bad.  Persons that get elected to public office at the federal state and local level routinely make decisions that influence public health.  Elected officials at the federal, state and local level make funding decisions about important agencies that impact public health and pass or fail to pass important national public health policy laws. 

Elected officials also make important appointments at state and federal agencies (like CDC, HHS, HRSA, CMS & EPA at the federal level and ADHS, AHCCCS, ADEQ etc. at the state level).  The persons in those positions set agency priorities, have wide latitude to make important decisions and who to hire.  They also have broad Rulemaking authority and establish or don’t establish public health policy that can has a profound impact on public health.

In short, elections have a big impact on public health. That’s why it’s super important to have an informed electorate, so people can make informed decisions about what they decide in the ballot box- whether it’s a person running for elected office at the state, federal, or local level- or whether it’s about a voter initiative.

Sadly, voters aren’t as informed as they could be about the decisions they make at the ballot box because it’s legal in the US and in Arizona to spend money to influence elections and not disclose whose money it is or why they’re spending it.  Sometimes you might hear this being called “Dirty Money” or “Dark Money” – referring to political spending when the original source remains secret.  All sorts of organizations, corporations, and wealthy individuals spend large sums of money to advertise and otherwise influence elections while the source of those funds remains hidden from the voters.

Since 2010, more political advertising has been secretly funded in Arizona as a percentage of total campaign spending than in any other state.  In part that’s because Arizona law has essentially no requirement that folks disclose political spending.

That’s where the Outlaw Dirty Money voter initiative comes in.  It’s a voter initiative that has been filed with the Secretary of State to change the state constitution that, if passed by the voters, will mean that at least Arizona voters will have a right to know who is spending money to influence elections.  You can read the text here.  Here are the elements of the Initiative:

  • Organizations spending more than $20,000 in state races or $10,000 in local races would be required to report the original source of their funding;

  • Organizations would be required to disclose all original contributors who gave $5,000 or more in an election cycle, removing the existing practice of creating a maze of organizations to hide the original source;

  • The Citizens Clean Election Commission would write and enforce the regulations to implement the Outlaw Dirty Money Constitutional Amendment;

  • Voters can file a complaint directly with the Clean Elections Commission to report violations; and

  • Local governments can pass more stringent requirements than those set forth in this Amendment.

You Can Play a Part

It will take the signatures of 357,000 Arizona voters to put the Outlaw Dirty Money Initiative on the November 2020 ballot.  That’s a lot of signatures.  This is a grassroots effort, so the signature gathering is being done by volunteers- meaning that many people need to be involved in the signature gathering effort.

Terry Goddard, the Chairperson for the Initiative, recently paid a visit to an AzPHA Board Meeting and described the Initiative and provided me with several initiative petitions.  I am already busy gathering signatures for the Initiative, and I’m hoping that you will gather some signatures as well.

Simply contact me at willhumble@azpha.org and I will get you some petitions and describe what you need to do.

AzPHA Annual Report

At the end of each Fiscal Year (July 1 to June 30) the AzPHA publishes an Annual Report summarizing the activities of the previous year including a discussion of our activities, membership update and a summary of our financial position.  We just completed this year’s Annual Report and posted it in the Members Only portion of our website.  You can get to the Report and a host of other financial information here. Here’s a quick summary:

The Arizona Public Health Association continued to make progress in all facets of our mission, including advocacy, professional development and networking.  We’ve increased our membership 27% in the last two year (632 at the end of FY-2019 compared with 496 members in FY-2017) and grown the number of sustaining Organizational Members.

In FY-19 we provided our members with timely policy updates (50 Public Health Policy Updates in FY 2019), targeted Action Alerts, and multiple comments on state public health matters (e.g. agency actions and legislative debates), and federal rulemakings (e.g. Title X, methane rule, public charge). We took public positions and testified in committee on many bills during the last legislative session.

We also continued to improve our website including our calendar of statewide public health events and blog content.  These improvements are also increasing our visibility on search engines.

AzPHA continued to diversify our revenue sources and improve our financial position (operating reserves), built new relationships with key partners, and enhanced our professional development and networking options. 

Feel free to view the full Annual Report when you get a chance.  We are a member organization In short, AzPHA is poised for another successful year.  Our progress toward improving our administrative and operational infrastructure positions us well for the coming year. 

Our enhanced individual and organizational membership, more aggressive and engaged advocacy work and our and fiscal diversification leave us in a strong position financially as we look toward the future of AzPHA and our Vision of Healthy Communities for Arizona.

Dispensary Owners File Retail Marijuana Voter Initiative 2.0

A group of Medical Marijuana Dispensary operators refiled a new proposed retail marijuana voter initiative this week. The revised language is largely the same as the language they submitted the first time around- but there are a few changes.

The first version said that the ADHS (who would regulate the program if it passes) sets standards for edible potency by=ut that they can’t set standards lower than 10mg of THC.  The revised version makes it clear that they can’t set standards above 10mg (a much better decision).  The new version also allows for an additional 26 retail marijuana store licenses (the former language would have basically limited licenses to the existing medical dispensaries. The new version also increases the criminal record expungement limit to possession of 2.5 ounces (in the first version it was 1 ounce.

Here’s an old blog post with my initial thoughts about the Initiative.

We’ll continue to review the language and evaluate whether basic public health principles related to our Retail Marijuana Resolution before taking any position.

_____________________________________________

AzPHA Member Vote on Updated Firearm Violence Prevention Resolution

Please Vote by October 4, 2019

In 2018, AzPHA members approved 3 new Resolutions including one entitled Resolution to Prevent Firearm Violence in Schools

This year we are proposing an update of last year’s firearm violence resolution. The updated version is entitled Resolution to Preventing Firearm Violence in the Community and Schools.

Our AzPHA Public Health Policy Committee developed the updated Resolution. The Board of Directors reviewed the Resolution at their September 20 meeting and have asked me facilitate an electronic vote of our members.

Accordingly, please review the updated Resolution and cast your vote at this link by close of business on Friday, October 4, 2019. We will announce the results in an October Public Health Policy Update and at the 2019 Annual Meeting on October 29, 2019.

Arizona Sexually Transmitted Infection Action Plan in the Works

The Arizona Department of Health Services is developing a Sexually Transmitted Infections Action Plan as part of something state government calls a “Goal Council Action”.  I’m not 100% sure what a Goal Council exactly is, but an initial “STD Action Plan” was presented to and approved by the “Goal Council” last week.

The Plan includes numerous actionable interventions (below) – although there’s no recommendation to decriminalize syringe service programs- which is a key evidence-based best practice to reducing the spread of some sexually transmitted infections. Below are the action items in the elements in the Plan. 

  • Promote policies that allow providers to prescribe treatment for partners.

  • Improve access to screening and treatment in rural Arizona by implementing standing orders for chlamydia, gonorrhea, and syphilis.

  • Identify ways to encourage expectant mothers to access prenatal care and receive syphilis screening and promote healthy pregnancies.

  • Utilize perinatal caseworkers to better understand the barriers to accessing care and link women to prenatal care and other social services to prevent reinfection and promote healthy pregnancies.

  • Expand partnerships with correctional facilities, home visiting programs, and groups that work with current and recovering drug users to address root causes of STD transmission.

  • On-board additional laboratories to electronic laboratory reporting via HL7 messaging or spreadsheet reporting. Initiate the enhancement of ADHS IT infrastructure to accept electronic case reports (eCR) from providers.

  • Expand multi-site resistance screening in Maricopa County.

  • Develop a plan to respond to emerging STDs like LGV and Chancroid.

The agency will be scheduling follow-up meetings with stakeholder subcommittees to discuss the action plan in more detail and establish next steps for implementation.

The Network for Public Health Law Launches Harm Reduction Legal Project

Individuals and communities across the United States are struggling with an epidemic of drug-related harm. Many states, including Arizona are hindered by laws and policies that reflect an outdated, punitive-focused approach to drugs and individuals who use them Like the fact that syringe service programs in Arizona are still technically committing felonies.

the Network for Public Health Law has launched the Harm Reduction Legal Project to address the legal and policy barriers that impair the implementation of evidence-based harm reduction measures. 

The Harm Reduction Legal Project provides direct guidance  to address legal and policy barriers to the creation, operation, and scale-up of harm reduction policies and programs.

Entities and individuals requesting assistance in navigating the often extremely confusing maze of existing laws and regulations that hamper harm reduction initiatives will have access to subject matter experts who can provide research, legal analysis, and strategic guidance as well as referrals to other knowledgeable experts and leading institutions. 

The Harm Reduction Legal Project provides real-time support to help organizations to successfully operate within existing law and policy while providing information to advocates who seek to modify existing legal restrictions on harm reduction initiatives.

To learn more or inquire about assistance from the Harm Reduction Legal Project, contact harmreduction@networkforphl.org or visit networkforphl.org/harmreduction