Legislature(2023 - 2024)
2024-04-24 House Journal
Full Journal pdf2024-04-24 House Journal Page 2421 HB 309 The following was read the second time: HOUSE BILL NO. 309 "An Act relating to the practice of optometry; and relating to the delegation of routine services of optometry." with the: Journal Page HSS RPT 3DP 2NR 2035 FN1: ZERO(CED) 2035 L&C RPT 4DP 2NR 2294 FN1: ZERO(CED) 2294 Amendment No. 1 was offered by Representative Eastman: Page 1, line 1, following "Act" (title amendment): Insert "relating to the practice of chiropractic; relating to the delegation of routine services of chiropractic to chiropractic clinical assistants; relating to the scope of practice of chiropractic clinical assistants;" Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 08.20.168(b) is repealed and reenacted to read: (b) The board shall adopt regulations authorizing a person licensed under this chapter to delegate routine services of chiropractic to a chiropractic clinical assistant. The regulations must (1) require that the chiropractic clinical assistant perform duties delegated under this subsection only if the chiropractic clinical assistant meets applicable standards established by the board; and (2) define the phrase "routine services of chiropractic."" Page 1, line 4: Delete "Section 1" Insert "Sec. 2" 2024-04-24 House Journal Page 2422 Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative McCabe, citing Mason's Manual Section 402, rose to a point of order stating that Amendment No. 1 was not germane. The Speaker ruled that Amendment No. 1 was germane. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 309 Second Reading Amendment No. 1 YEAS: 1 NAYS: 37 EXCUSED: 2 ABSENT: 0 Yeas: Eastman Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Foster, Shaw And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 1, following "Act" (title amendment): Insert "relating to the practice of dentistry; relating to the delegation of routine services of dentistry to dental assistants; relating to the scope of practice of dental assistants;" Page 1, following line 3: Insert a new bill section to read: 2024-04-24 House Journal Page 2423 "* Section 1. AS 08.36.346(a) is repealed and reenacted to read: (a) The board shall adopt regulations authorizing a licensed dentist to delegate routine services of dentistry to a dental assistant. The regulations must (1) require that the dental assistant may perform duties delegated under this paragraph only if the dental assistant meets applicable standards established by the board; (2) prohibit a licensed dentist from delegating duties related to pain management and opioid use and addiction; and (3) define the phrase "routine services of dentistry." * Sec. 2. AS 08.36.347 is amended by adding a new subsection to read: (c) In this section, "direct supervision" means a dentist licensed in this state is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure, and, before dismissal of the patient, evaluates the performance of the dental assistant." Page 1, line 4: Delete "Section 1" Insert "Sec. 3" Renumber the following bill sections accordingly. Page 2, following line 30: Insert a new bill section to read: "* Sec. 6. AS 08.36.342, 08.36.344, 08.36.346(b), and 08.36.349 are repealed." Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Ruffridge objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 309 Second Reading Amendment No. 2 2024-04-24 House Journal Page 2424 YEAS: 1 NAYS: 37 EXCUSED: 2 ABSENT: 0 Yeas: Eastman Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Foster, Shaw And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Eastman: Page 1, line 4, through page 2, line 30: Delete all material and insert: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: DELEGATION OF ROUTINE SERVICES OF OPTOMETRY. (a) The Board of Examiners in Optometry shall adopt regulations authorizing an optometrist licensed under AS 08.72 to delegate routine services of optometry to an agent of the optometrist. The regulations must (1) require that an agent who is not licensed under AS 08.72 may perform duties delegated under this subsection only if the agent meets applicable standards established by the Board of Examiners in Optometry; (2) prohibit the optometrist from delegating duties related to pain management and opioid use and addiction; and (3) define the phrase "routine services of optometry." (b) Notwithstanding AS 08.72.110 or 08.72.280, an agent of an optometrist does not violate AS 08.72 by practicing optometry under (a) of this section without a license. * Sec. 2. Section 1 of this Act is repealed July 1, 2026." Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Ruffridge objected. 2024-04-24 House Journal Page 2425 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HB 309 Second Reading Amendment No. 3 YEAS: 3 NAYS: 35 EXCUSED: 2 ABSENT: 0 Yeas: Eastman, Josephson, Ortiz Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Mina, Prax, Rauscher, Ruffridge, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Foster, Shaw And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Eastman: Page 2, following line 30: Insert new bill sections to read: "* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to read: REGULATIONS RELATING TO AGENTS OF OPTOMETRISTS. The regulations adopted by the board under AS 08.72.050(7), added by sec. 1 of this Act, must require that an agent of an optometrist performing routine services of optometry be an individual. * Sec. 5. Section 4 of this Act is repealed July 1, 2026." Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Ruffridge objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 2024-04-24 House Journal Page 2426 HB 309 Second Reading Amendment No. 4 YEAS: 3 NAYS: 35 EXCUSED: 2 ABSENT: 0 Yeas: Eastman, Sumner, Tomaszewski Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Stapp, Story, Stutes, Tilton, Vance, Wright Excused: Foster, Shaw And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Carrick: Page 1, lines 1 - 2 (title amendment): Delete "the delegation of routine services of optometry" Insert "optometric assistants" Page 1, line 4, through page 2, line 8: Delete all material. Page 2, line 9: Delete "Sec. 2" Insert "Section 1" Renumber the following bill section accordingly. Page 2, lines 10 - 11: Delete "for the practice of routine services of optometry delegated under AS 08.72.050(7)" Insert "as provided under AS 08.72.277" Page 2, lines 14 - 15: Delete "for the practice of routine services of optometry delegated under AS 08.72.050(7)" Insert "as provided under AS 08.72.277" 2024-04-24 House Journal Page 2427 Page 2, following line 23: Insert a new bill section to read: "* Sec. 2. AS 08.72 is amended by adding a new section to read: Sec. 08.72.277. Optometric assistants. (a) A licensee may employ one or more optometric assistants. (b) An optometric assistant acting under the responsibility and direct supervision of an optometrist licensed under this chapter may (1) fit, sell, and dispose of spectacles, eyeglasses, and lenses for the correction or relief of an optical or visual defect of the human eye; (2) take, receive, and solicit an order for the fitting, sale, or disposition of spectacles, eyeglasses, and lenses for the correction or relief of an optical or visual defect of the human eye; (3) sell spectacles, eyeglasses, and lenses from house to house or in the streets or highways; (4) prepare patients for examination; (5) collect preliminary patient data, including a patient history; (6) perform simple noninvasive testing of visual acuity, pupils, and ocular motility; (7) perform automated visual field testing, ophthalmic photography, digital imaging, tonometry, lensometry, nonsubjective auto refraction, pachymetry, keratometry, A scan and B scan ultrasound testing, and electrodiagnostic testing; (8) perform a preliminary subjective refraction procedure and use appropriate equipment during the procedure, including a phoropter, trial lenses, and retinoscope, if (A) the optometric assistant has completed at least 45 hours of documented training in subjective refraction procedures and the training has been approved by the supervising licensee; (B) the optometric assistant performs the procedure in connection with (i) finalizing subjective refraction procedures performed by an ophthalmologist or supervising licensee; and (ii) an examination performed by the supervising licensee; (C) the supervising licensee is physically present 2024-04-24 House Journal Page 2428 while the procedure is performed; and (D) the supervising licensee is not concurrently supervising more than three optometric assistants while the procedure is performed; and (9) administer, for ophthalmic purposes, cycloplegics, mydriatics, and topical anesthetics that are not controlled substances. (c) In this section, "optometric assistant" means a person who provides clinical assistance to an optometrist." Renumber the following bill section accordingly. Page 2, lines 27 - 28: Delete "the practice of routine services of optometry delegated under AS 08.72.050(7)" Insert "services offered under AS 08.72.277" Representative Carrick moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Stapp objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HB 309 Second Reading Amendment No. 5 YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Ortiz, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, Edgmon, C.Johnson, D.Johnson, McCabe, McKay, Mina, Prax, Rauscher, Ruffridge, Saddler, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Foster, Shaw And so, Amendment No. 5 was not adopted. 2024-04-24 House Journal Page 2429 Representative Saddler moved and asked unanimous consent that HB 309 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 309 was read the third time. The question being: "Shall HB 309 pass the House?" The roll was taken with the following result: HB 309 Third Reading Final Passage YEAS: 35 NAYS: 3 EXCUSED: 2 ABSENT: 0 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton, Vance, Wright Nays: Eastman, Josephson, Tomaszewski Excused: Foster, Shaw And so, HB 309 passed the House and was referred to the Chief Clerk for engrossment.