Legislature(2017 - 2018)

2018-04-06 House Journal

Full Journal pdf

2018-04-06                     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.