Legislature(2017 - 2018)HOUSE FINANCE 519

04/14/2017 01:30 PM FINANCE

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Audio Topic
01:38:25 PM Start
01:40:13 PM Spring Revenue Forecast: Powerpoint
03:37:42 PM HB103
03:55:40 PM HB76
04:27:17 PM HB128
05:02:01 PM SB3
05:27:23 PM HB167
05:57:15 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+ Presentation: Spring Revenue Forecast by TELECONFERENCED
Commissioner Randall Hoffbeck, Dept. of Revenue
+ HB 76 MARICULTURE REVOLVING LOAN FUND TELECONFERENCED
Heard & Held
+ HB 128 SHELLFISH ENHANCE. PROJECTS; HATCHERIES TELECONFERENCED
Heard & Held
*+ HB 167 STATE AGENCY PERFORMANCE AUDITS TELECONFERENCED
Heard & Held
+ SB 3 SMALL VESSEL WASTEWATER EXEMPTION; 1% ART TELECONFERENCED
Moved HCS SB 3(TRA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 103 OPTOMETRY & OPTOMETRISTS TELECONFERENCED
Moved CSHB 103(FIN) Out of Committee
HOUSE BILL NO. 103                                                                                                            
                                                                                                                                
     "An Act relating to the practice of optometry."                                                                            
                                                                                                                                
3:37:42 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster MOVED to ADOPT Amendment 1:                                                                                     
                                                                                                                                
     Page 2, line 27, following "practice.":                                                                                    
          Insert "(a)" 3                                                                                                        
                                                                                                                                
     Page 2, following line 30:                                                                                                 
          Insert new subsections to read:                                                                                       
          "(b)  A   licensee  may  not   perform  ophthalmic                                                                    
          surgery unless the procedure is                                                                                       
               (1) within the scope of the licensee's                                                                           
               education and training from an accredited                                                                        
               school of optometry; and                                                                                         
               (2) authorized by regulations adopted by the                                                                     
               board.                                                                                                           
          (c)  In this  section, "ophthalmic  surgery" means                                                                    
          an  invasive procedure  in which  human tissue  is                                                                    
          cut,   ablated,   or   otherwise   penetrated   by                                                                    
          incision, laser, or other  means to treat diseases                                                                    
          of  the human  eye,  alter  or correct  refractive                                                                    
          error, or  alter or enhance cosmetic   appearance;                                                                    
          "ophthalmic     surgery"  does  not   include  the                                                                    
         procedure described under AS 08.72.273."                                                                               
                                                                                                                                
Representative Wilson OBJECTED.                                                                                                 
                                                                                                                                
REPRESENTATIVE   IVY  SPOHNHOLZ,   SPONSOR,  explained   the                                                                    
amendment. She  decided to advance an  amendment in response                                                                    
to some of  the concerns expressed about  the potential that                                                                    
optometrists might work outside  of their scope of practice.                                                                    
The amendment  would do  two things  to clarify  and further                                                                    
codify the  restrictions the original bill  stated. She read                                                                    
directly from  the amendment (See above).  She conveyed that                                                                    
the  definition of  surgery provided  in  the amendment  was                                                                    
borrowed  from Washington  state  law and  preferred by  the                                                                    
ophthalmologists. They  would not practice any  of the items                                                                    
unless they  were clearly trained  in them by  an accredited                                                                    
school of  optometry. It would  ensure that there  would not                                                                    
be  fly-by-night   optometry  trainings  offered   in  hotel                                                                    
conference rooms that could result in unsafe care.                                                                              
                                                                                                                                
Vice-Chair  Gara   wanted  it  on  record   that  if  either                                                                    
amendment   passed   there   was   an   ophthalmic   surgery                                                                    
definition.    The    amendments   were    different.    His                                                                    
understanding  was that,  regardless of  her definition,  it                                                                    
would allow optometrists to continue  doing things they were                                                                    
doing presently. He  did not want to limit  their ability to                                                                    
perform  procedures they  were currently  allowed to  do. He                                                                    
asked  her to  comment.  Representative Spohnholz  responded                                                                    
that there  were two amendments. Amendment  1 would continue                                                                    
to allow optometrists to practice  as they did currently. It                                                                    
was  her understanding  Amendment  2 would  not. The  second                                                                    
amendment  would roll  back some  of the  authorization that                                                                    
optometrists had  to practice. She  thought a member  of the                                                                    
Board of Optometry was available online.                                                                                        
                                                                                                                                
Vice-Chair  Gara   did  not  want  the   amendment  to  stop                                                                    
optometrists  from doing  the  procedures  they had  already                                                                    
been authorized  to perform. He  asked if the  amendment was                                                                    
aimed  at  future  things that  optometrists  were  thinking                                                                    
about  doing. Representative  Spohnholz  responded that  the                                                                    
language in  Amendment 1 stipulated clearly  that a licensee                                                                    
could not  perform ophthalmic  surgery unless  the procedure                                                                    
was within  their scope of education  and training. Anything                                                                    
that  they were  currently  practicing were  items they  had                                                                    
already  received training  in at  an optometry  school. The                                                                    
amendment allowed them to continue with their practices.                                                                        
                                                                                                                                
Vice-Chair Gara wanted  to get on record  that the amendment                                                                    
should not be interpreted in  a way that would somehow erase                                                                    
their   ability  to   practice   what   they  were   already                                                                    
practicing.                                                                                                                     
                                                                                                                                
Co-Chair Foster relayed the list of testifiers available.                                                                       
                                                                                                                                
3:43:05 PM                                                                                                                    
                                                                                                                                
Representative   Kawasaki  asked   about  removing   foreign                                                                    
bodies.  He  wanted to  make  sure  they  would be  able  to                                                                    
continue  to perform  the surgery.  Representative Spohnholz                                                                    
responded  in  the affirmative  because  it  was within  the                                                                    
scope of their training and licensure.                                                                                          
                                                                                                                                
Representative   Kawasaki  mentioned   the  40   schools  of                                                                    
optometry and  asked if  any of  them taught  Lasik surgery.                                                                    
Representative  Spohnholz  thought  Lasik  surgery  was  not                                                                    
within the scope of practice  for optometrists. She deferred                                                                    
to the doctor online for clarification.                                                                                         
                                                                                                                                
DR.  BARNEY, BOARD  OF OPTOMETRY,  responded that  Lasik was                                                                    
not taught at any optometry school in the US.                                                                                   
                                                                                                                                
Representative  Wilson commented  that the  definitions were                                                                    
the same. She  was concerned that optometrists  wanted to do                                                                    
surgery. She  was unclear of  the purpose of  the amendment.                                                                    
She  wondered what  the amendment  would do  to change  what                                                                    
optometrists could do  without the amendment. Representative                                                                    
Spohnholz responded that the  amendment codified some things                                                                    
that  had been  verbally  expressed on  the  record but  not                                                                    
explicitly  stated in  statute  and the  original bill.  She                                                                    
felt  the  amendment  might give  people  more  comfort  and                                                                    
clarity  that  there  would  not  be  a  dramatic  scope  of                                                                    
practice   change.   She   emphasized  the   importance   of                                                                    
specifying that  education and training needed  to come from                                                                    
an accredited  school of optometry. The  amendment clarified                                                                    
that drive-by-night  trainings in  Lasik surgery  offered at                                                                    
hotels by  non-accredited institutions and rammed  through a                                                                    
board of optometry was not possible.                                                                                            
                                                                                                                                
Representative  Wilson  asked  what  procedure  optometrists                                                                    
could  currently  perform  that fit  within  the  definition                                                                    
provided   in   the  amendment.   Representative   Spohnholz                                                                    
deferred  to  Dr. Barney.  Dr.  Barney  provided a  list  of                                                                    
procedures  optometrists could  currently  perform that  met                                                                    
the definition of  surgery as written in  the amendment. The                                                                    
list  included  corneal  foreign  body  removal,  rust  ring                                                                    
removal,   epithelial   debridement,  removal   of   corneal                                                                    
filament, and draining a hidrocystoma.                                                                                          
                                                                                                                                
Representative Wilson  wondered if all of  the procedures he                                                                    
mentioned  had  been taught  at  an  accredited school.  Dr.                                                                    
Barney responded affirmatively.                                                                                                 
                                                                                                                                
3:48:41 PM                                                                                                                    
                                                                                                                                
Representative Wilson  was trying  to address  concerns that                                                                    
were  brought to  her attention  via  email. She  understood                                                                    
there  was a  difference between  the two  groups concerning                                                                    
surgery. She wanted  to make sure people  remained safe. She                                                                    
had  heard in  testimony  that they  [optometrists] did  not                                                                    
want to  do surgery. However,  they were already  doing what                                                                    
was  considered  surgery  based on  the  definition  in  the                                                                    
amendment.  She  did  not  understand  the  purpose  of  the                                                                    
amendment.    Representative   Spohnholz    clarified   that                                                                    
accreditation was  done by a separate  nationally recognized                                                                    
body  which was  true for  all accredited  universities. The                                                                    
Alaska board  was not in charge  of accrediting universities                                                                    
that offered optometric education.                                                                                              
                                                                                                                                
Representative Wilson  thought that the board  could require                                                                    
all  training to  be from  an  accredited university.  Under                                                                    
regulation,  they   [optometrists]  could   already  perform                                                                    
defined  services.  She  believed  the  legislation  allowed                                                                    
providers  to go  beyond the  scope of  their training.  She                                                                    
would  be  voting  based  on the  testimony  she  heard  and                                                                    
received.                                                                                                                       
                                                                                                                                
Co-Chair Seaton  thought that regulations  required training                                                                    
to be obtained  by an accredited institution.  He added that                                                                    
the board could implement  the same requirement. However, he                                                                    
believed  the amendment  clarified that  the training  would                                                                    
have to  be obtained by  an accredited school  of optometry.                                                                    
He thought  the definition of  surgery was too  broad, based                                                                    
on feedback  from the entire  medical field. He  provided an                                                                    
example  of  an  optometrist  removing  a  fishhook  from  a                                                                    
person's eyes and it being  considered a surgical procedure.                                                                    
He indicated he was comfortable with the amendment.                                                                             
                                                                                                                                
Representative Wilson WITHDREW her OBJECTION.                                                                                   
                                                                                                                                
There being NO OBJECTION, Amendment 1 was ADOPTED.                                                                              
                                                                                                                                
3:52:35 PM                                                                                                                    
                                                                                                                                
Representative Wilson WITHDREW Amendment 2.                                                                                     
                                                                                                                                
Vice-Chair Gara  commented that he  thought the  bill should                                                                    
be  decided  with a  floor  vote.  Therefore, he  would  not                                                                    
object to moving the bill from committee.                                                                                       
                                                                                                                                
Vice-Chair  Gara reviewed  that there  was one  fiscal note:                                                                    
Office of Management and Budget  (OMB) component number 2360                                                                    
in the amount of $5,100  for the drafting and implementation                                                                    
of regulations.                                                                                                                 
                                                                                                                                
Representative  Wilson clarified  that the  amount would  be                                                                    
paid  for with  program  receipts rather  than general  fund                                                                    
dollars.                                                                                                                        
                                                                                                                                
Co-Chair  Seaton  MOVED to  report  CSHB  103 (FIN)  out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSHB  103 (FIN)  was REPORTED  out of  committee with  a "do                                                                    
pass" recommendation and with  a previously published fiscal                                                                    
impact note: FN2 (CED).                                                                                                         
                                                                                                                                
3:54:48 PM                                                                                                                    
At EASE                                                                                                                         
                                                                                                                                
3:55:31 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB0076 CS Sectional Analysis 03.15.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Sponsor Statement 01.26.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document - Alaska Fisheries Development Foundation Letter 03.01.2017.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document - Alaska Shellfish Growers Letter 03.03.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document - APICDA 03.06.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document - City and Borough of Wrangell Letter 03.01.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document - Ketchikan Gateway Borough Letter 03.02.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document - Mariculture Task Force Letter 03.03.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document - OceansAlaska Letter 03.06.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document - Shelly Wright Letter 03.02.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document - Southeast Conference Resolution 03.02.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document-Alaska Municipal League 01.26.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document-City and Borough of Wrangell 01.26.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB0076 Supporting Document-Ketchikan Gateway Borough 01.26.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB76 and HB128 Supporting Document-APICDA 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 76
HB 128
HB128 Amend Document-M.Adkison 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Opposing Document-N. Hilstrand 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Sectional Analysis 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Sponsor Statement 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-AFDF 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-AK Mariculture Task Force 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-Alutiiq Pride Shellfish Hatchery 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-ASGA 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-B Yuknis 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-City & Borough of Wrangell 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-JEDC 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-Ketchikan Gateway Borough 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-SE conference 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128 Supporting Document-SWAMC 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HB128-Supporting Document-SARDFA 4.4.17.pdf HFIN 4/14/2017 1:30:00 PM
HB 128
HCS SB3 - Explanation of Changes.PDF HFIN 4/14/2017 1:30:00 PM
SB 3
HCS SB3 - Sectional Analysis.PDF HFIN 4/14/2017 1:30:00 PM
SB 3
HCS SB3 - Sponsor Statement.PDF HFIN 4/14/2017 1:30:00 PM
SB 3
SB 3 - Letter of Support - AK Chamber.pdf HFIN 4/14/2017 1:30:00 PM
SB 3
SB 3 - new cruise line in Alaska.PDF HFIN 4/14/2017 1:30:00 PM
SB 3
SB3 - FINAL Small Ship 2016 Sampling Report 1-3-17.pdf HFIN 4/14/2017 1:30:00 PM
SB 3
SB3 - Environmental Compliance Info Sheet.pdf HFIN 4/14/2017 1:30:00 PM
SB 3
SB3 - vessel vs. muni discharge.pdf HFIN 4/14/2017 1:30:00 PM
SB 3
SB3 - Letter of Support - Alaskan Dream Cruises.pdf HFIN 4/14/2017 1:30:00 PM
SB 3
SB3 - Small Vessel Discharge Bill FAQs 1.3.2017.pdf HFIN 4/14/2017 1:30:00 PM
SB 3
HB167 Additional Document - Statutory Recommendations to Rules.pdf HFIN 4/14/2017 1:30:00 PM
HB 167
HB167 Suggested Improvements to the Performance Review Program.pdf HFIN 4/14/2017 1:30:00 PM
HB 167
HB167 Sponsor Statement.pdf HFIN 4/14/2017 1:30:00 PM
HB 167
Spring Revenue Forecast DOR 2017 RSB - 4.14.17.pdf HFIN 4/14/2017 1:30:00 PM
HFIN DOR Spring Revenue Forecast
DOR Spring 2017 Revenue Forecast Presentation - FINAL.PDF HFIN 4/14/2017 1:30:00 PM
HFIN DOR Spring Revenue Forecast PP
HB 103 - Amendments.pdf HFIN 4/14/2017 1:30:00 PM
HB 103
HB103_Support_041417.pdf HFIN 4/14/2017 1:30:00 PM
HB 103
SB3 Support UFA to Hse Finance 030117.pdf HFIN 4/14/2017 1:30:00 PM
SB 3