Legislature(2017 - 2018)
2018-04-06 House Journal
Full Journal pdf2018-04-06 House Journal Page 3090 HB 25 The following, which was moved to the bottom of the calendar (page 3080), was read the third time: CS FOR HOUSE BILL NO. 25(FIN) "An Act relating to insurance coverage for contraceptives and related services; relating to medical assistance coverage for contraceptives and related services; and providing for an effective date." Representative Claman moved and asked unanimous consent that CSHB 25(FIN) be returned to second reading for the specific purpose of considering Amendment No. 10. There being no objection, it was so ordered. The Speaker stated that, without objection, CSHB 25(FIN) would be returned to second reading for all amendments. Amendment No. 10 was offered by Representative Claman: Page 3, line 5: Delete "(1)" Page 3, line 6: Delete "; or" Insert "." Page 3, lines 7 - 10: Delete all material. Representative Claman moved and asked unanimous consent that Amendment No. 10 be adopted. 2018-04-06 House Journal Page 3091 Representative Wilson objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 25(FIN) Second Reading Amendment No. 10 YEAS: 20 NAYS: 16 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, Lincoln, Ortiz, Parish, Seaton, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Birch, Chenault, Eastman, Johnson, Knopp, Kopp, LeDoux, Neuman, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Excused: Johnston, Millett, Rauscher, Spohnholz And so, Amendment No. 10 was adopted. Amendment No. 1 was offered by Representative Claman: Page 7, line 25: Delete "2018" Insert "2019" Representative Claman moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment Nos. 2 and 3 were not offered. Amendment No. 4 was offered by Representatives Sullivan-Leonard, Wilson, Tilton, Rauscher, Millett, Reinbold, Johnson, Eastman, Chenault, Saddler, and Kopp: Page 1, lines 1 - 2 (title amendment): Delete "relating to medical assistance coverage for contraceptives and related services;" 2018-04-06 House Journal Page 3092 Page 1, line 8: Delete "shall" Insert "may" Page 2, line 7, through page 3, line 10: Delete all material. Reletter the following subsection accordingly. Page 3, line 14, through page 7, line 24: Delete all material. Renumber the following bill section accordingly. Page 7, line 25: Delete "Except as provided in sec. 9 of this Act, this" Insert "This" Representative Sullivan-Leonard moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 25(FIN) am Second Reading Amendment No. 4 YEAS: 16 NAYS: 20 EXCUSED: 4 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Johnson, Knopp, Kopp, LeDoux, Neuman, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, Lincoln, Ortiz, Parish, Seaton, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Johnston, Millett, Rauscher, Spohnholz And so, Amendment No. 4 was not adopted. 2018-04-06 House Journal Page 3093 Amendment No. 5 was not offered. Amendment No. 6 was offered by Representative Wilson: Page 3, following line 10: Insert a new subsection to read: "(h) For a period in which all persons covered under a health care insurance plan are male, unable to have children, or over the reproductive age, a health care insurer is exempt from the requirements of this section." Reletter the following subsection accordingly. Representative Wilson moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Claman objected. Representative Wilson moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and she was required to vote. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 25(FIN) am Second Reading Amendment No. 6 YEAS: 16 NAYS: 20 EXCUSED: 4 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Johnson, Kopp, LeDoux, Neuman, Ortiz, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Knopp, Kreiss-Tomkins, Lincoln, Parish, Seaton, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Johnston, Millett, Rauscher, Spohnholz And so, Amendment No. 6 was not adopted. 2018-04-06 House Journal Page 3094 Amendment No. 7 was offered by Representative Wilson: Page 2, line 30, following "dependents.": Insert "However, the insurer shall make coverage of prescription contraceptives and voluntary sterilization procedures contingent on notification of the primary insured before an enrolled spouse or dependent is administered or dispensed prescription contraceptives or undergoes a voluntary sterilization procedure." Representative Wilson moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 25(FIN) am Second Reading Amendment No. 7 YEAS: 15 NAYS: 21 EXCUSED: 4 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Johnson, Knopp, Kopp, LeDoux, Neuman, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, Lincoln, Ortiz, Parish, Pruitt, Seaton, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Johnston, Millett, Rauscher, Spohnholz And so, Amendment No. 7 was not adopted. **Representative Birch, who was excused (page 3057), left the Chamber. Amendment No. 8 was offered by Representative Wilson: Page 3, line 13, following "pregnancy": Insert "; "prescription contraceptive" does not include an abortion- inducing drug or a drug or device that has a mechanism of action that destroys the life of an early-developing human embryo" 2018-04-06 House Journal Page 3095 Page 7, line 3, following "pregnancy": Insert "; "prescription contraceptive" does not include an abortion- inducing drug or a drug or device that has a mechanism of action that destroys the life of an early-developing human embryo" Representative Wilson moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 25(FIN) am Second Reading Amendment No. 8 YEAS: 17 NAYS: 18 EXCUSED: 5 ABSENT: 0 Yeas: Chenault, Eastman, Johnson, Knopp, Kopp, LeDoux, Neuman, Ortiz, Pruitt, Reinbold, Saddler, Stutes, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, Lincoln, Parish, Seaton, Tarr, Tuck, Wool, Zulkosky Excused: Birch, Johnston, Millett, Rauscher, Spohnholz And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Wilson: Page 2, line 30, following "dependents.": Insert "However, the insurer shall make coverage of voluntary sterilization procedures contingent on notification of the primary insured before an enrolled spouse or dependent undergoes a voluntary sterilization procedure." Representative Wilson moved and asked unanimous consent that Amendment No. 9 be adopted. 2018-04-06 House Journal Page 3096 There was objection. Amendment No. 1 to Amendment No. 9 was offered by Representative Wilson: Under Page 2, line 30, following "primary insured before": Delete "an enrolled spouse or" Insert "a minor" Representative Wilson moved and asked unanimous consent that Amendment No. 1 to Amendment No. 9 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 9 as amended be adopted?" The roll was taken with the following result: CSHB 25(FIN) am Second Reading Amendment No. 9 as amended YEAS: 16 NAYS: 19 EXCUSED: 5 ABSENT: 0 Yeas: Chenault, Eastman, Johnson, Knopp, Kopp, LeDoux, Neuman, Pruitt, Reinbold, Saddler, Stutes, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, Lincoln, Ortiz, Parish, Seaton, Tarr, Tuck, Wool, Zulkosky Excused: Birch, Johnston, Millett, Rauscher, Spohnholz And so, Amendment No. 9 as amended was not adopted. Amendment No. 11 was offered by Representative Eastman: Page 1, line 1, following "Act" (title amendment): Insert "relating to the voluntary sterilization of unemancipated minors;" Page 1, following line 4: Insert a new bill section to read: "* Section 1. AS 08.64.326(a) is amended to read: 2018-04-06 House Journal Page 3097 (a) The board may impose a sanction if the board finds after a hearing that a licensee (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation while providing professional services or engaging in professional activities; (3) advertised professional services in a false or misleading manner; (4) has been convicted, including conviction based on a guilty plea or plea of nolo contendere, of (A) a class A or unclassified felony or a crime in another jurisdiction with elements similar to a class A or unclassified felony in this jurisdiction; (B) a class B or class C felony or a crime in another jurisdiction with elements similar to a class B or class C felony in this jurisdiction if the felony or other crime is substantially related to the qualifications, functions, or duties of the licensee; or (C) a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs; (5) has procured, sold, prescribed, or dispensed drugs in violation of a law regardless of whether there has been a criminal action or harm to the patient; (6) intentionally or negligently permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards even if the patient was not injured; (7) failed to comply with this chapter, a regulation adopted under this chapter, or an order of the board; (8) has demonstrated (A) professional incompetence, gross negligence, or repeated negligent conduct; the board may not base a finding of professional incompetence solely on the basis that a licensee's practice is unconventional or experimental in the absence of demonstrable physical harm to a patient; (B) addiction to, severe dependency on, or habitual overuse of alcohol or other drugs that impairs the licensee's ability to practice safely; (C) unfitness because of physical or mental 2018-04-06 House Journal Page 3098 disability; (9) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral conduct in connection with the delivery of professional services to patients; in this paragraph, "sexual misconduct" includes sexual contact, as defined by the board in regulations adopted under this chapter, or attempted sexual contact with a patient outside the scope of generally accepted methods of examination or treatment of the patient, regardless of the patient's consent or lack of consent, during the term of the physician-patient relationship, as defined by the board in regulations adopted under this chapter, unless the patient was the licensee's spouse at the time of the contact or, immediately preceding the physician-patient relationship, was in a dating, courtship, or engagement relationship with the licensee; (10) has violated AS 18.16.010; (11) has violated any code of ethics adopted by regulation by the board; (12) has denied care or treatment to a patient or person seeking assistance from the physician if the only reason for the denial is the failure or refusal of the patient to agree to arbitrate as provided in AS 09.55.535(a); (13) has had a license or certificate to practice medicine in another state or territory of the United States, or a province or territory of Canada, denied, suspended, revoked, surrendered while under investigation for an alleged violation, restricted, limited, conditioned, or placed on probation unless the denial, suspension, revocation, or other action was caused by the failure of the licensee to pay fees to that state, territory, or province; [OR] (14) prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.64.363; or (15) performed a voluntary sterilization procedure on an unemancipated minor; in this paragraph, "voluntary sterilization" does not include an emergency or lifesaving procedure that results in sterilization." Page 1, line 5: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. 2018-04-06 House Journal Page 3099 Page 7, line 9: Delete "sec. 6" Insert "sec. 7" Page 7, line 11: Delete "sec. 6" Insert "sec. 7" Page 7, line 14: Delete "sec. 6" Insert "sec. 7" Page 7, line 17: Delete "sec. 6" Insert "sec. 7" Page 7, line 19: Delete "sec. 7" Insert "sec. 8" Page 7, line 20: Delete "sec. 6" Insert "sec. 7" Page 7, line 22: Delete "sec. 6" Insert "sec. 7" Page 7, line 24: Delete "secs. 7 and 8" Insert "secs. 8 and 9" Page 7, line 25: Delete "sec. 9" Insert "sec. 10" Representative Eastman moved and asked unanimous consent that Amendment No. 11 be adopted. There was objection. 2018-04-06 House Journal Page 3100 Representative Claman rose to a point of order citing Section 180 of Mason's Manual. The Speaker ruled Amendment No. 11 out of order. Representative Eastman objected. Representative Saddler rose to a point of order appealing the ruling of the Chair saying that Amendment No. 11 was not dilatory. Representative Claman rose to a point of order, citing Section 402 of Mason's Manual, that Amendment No. 11 was not germane. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: CSHB 25(FIN) am Second Reading Sustain Ruling of the Chair/Amendment No. 11 YEAS: 22 NAYS: 12 EXCUSED: 5 ABSENT: 1 Yeas: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Knopp, Kreiss-Tomkins, Lincoln, Ortiz, Parish, Seaton, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Chenault, Eastman, Johnson, Kopp, Neuman, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tilton, Wilson Excused: Birch, Johnston, Millett, Rauscher, Spohnholz Absent: LeDoux And so, the ruling of the Chair was sustained. CSHB 25(FIN) am was automatically in third reading. The Speaker stated that, without objection, CSHB 25(FIN) am would be held to the April 9 calendar.