03/23/1995 02:05 PM House HES

 HHES - 03/23/95                                                               
 HB 231 - INTERVIEWS BY THE STATE MEDICAL BOARD                              
 Number 519                                                                    
                                                                               
 CO-CHAIR TOOHEY said under existing law, physicians applying for              
 permanent licensures must be interviewed in person by the Alaska              
 State Medical Board or a member of the board.  The board, a member            
 of the board or an alternative designated interviewer must                    
 interview, in person, the locum tenant physician's interns or                 
 resident applicants.                                                          
                                                                               
 CO-CHAIR TOOHEY explained the mandate interview is cumbersome,                
 expensive and of limited value since the license application                  
 process, which takes place prior to the applicant being                       
 interviewed, is extensive and thorough.  An interview is unlikely             
 to reveal any information not already known.  HB 231 would allow              
 the interview process to be discretionary.  This would relieve the            
 applicant, the board members and the board staff of a significant             
 amount of work.  Interviews could be conducted when the Alaskan               
 Medical Board deems it necessary.                                             
                                                                               
 CO-CHAIR TOOHEY said HB 231 is supported by the Alaska State                  
 Medical Association, the Alaska State Medical Board, and by the               
 Division of Occupational Licensing (DOL).  There is a zero fiscal             
 note.                                                                         
                                                                               
 CO-CHAIR TOOHEY announced that the chairman of the State Medical              
 Board was on-line to testify and respond to questions.                        
                                                                               
 Number 597                                                                    
                                                                               
 CO-CHAIR BUNDE commented that this bill was heard by the HESS                 
 Committee members last year.  There is a cumbersome process where             
 someone comes in for a temporary arrangement, perhaps a month or              
 two of filling in for a doctor in a rural community, and they must            
 get to the Medical Board, have an interview, and then return to the           
 rural community.  This adds up to considerable cost.                          
                                                                               
 Number 640                                                                    
                                                                               
 DR. DAVID McGUIRE, Chairman, State Medical Licensing Board,                   
 testified via teleconference.  The board has endeavored to do the             
 best it could to be certain licensed physicians in the State of               
 Alaska are appropriately licensed.  Members of the board have                 
 viewed their job principally as one of patient and consumer                   
 protection.  The board continues to do so.                                    
                                                                               
 DR. McGUIRE wanted to reassure all the representatives that this is           
 something which has been considered from a position of patient                
 protection.  Patient protection will not be compromised, yet the              
 board and the individuals will be saved a lot of unnecessary                  
 hassle.                                                                       
                                                                               
 Number 719                                                                    
                                                                               
 DR. McGUIRE said the opinion on this matter was arrived at through            
 research.  Dr. McGuire asked his secretary to help him review the             
 licenses issued and to see if there was ever a single instance in             
 which there was an adverse action on a license solely as the result           
 of the interview.  To put it another way, if the board thought the            
 application was "clean," meaning problem-free, the doctor wanted to           
 know if there was ever a single time in which the interview                   
 discovered something that would cause the board to deny the                   
 application.  The answer was no.                                              
                                                                               
 DR. McGUIRE said that situation never occurred, and he cannot find            
 a single instance of that occurrence in the history of the board.             
 From the opposing point of view, if the board receives an                     
 application and questions arise about the applicant, the board                
 absolutely wants the prerogative, without any discussion or appeal            
 on the part of the applicant to be able to interview that applicant           
 personally.                                                                   
                                                                               
 DR. McGUIRE said there have been many instances in which questions            
 have risen on the application, the applicant has been interviewed             
 by the board and, as a result of the application and the interview,           
 the license has been denied.                                                  
                                                                               
 Number 804                                                                    
                                                                               
 DR. McGUIRE stressed it is therefore imperative that the                      
 prerogative be present to interview any person with whom the board            
 does not feel 100 percent confident.  They should be required to              
 attend that interview without an explanation from the board.                  
 However, if an application is clean and everything is in order, the           
 board would like to have the ability to conduct interviews at the             
 board's discretion.  In the past, however, the board has been going           
 through this constant exercise, and they cannot demonstrate that it           
 does any good to anybody.                                                     
                                                                               
 DR. McGUIRE said he would be happy to answer questions.                       
                                                                               
 Number 855                                                                    
                                                                               
 CO-CHAIR BUNDE asked if there were questions of Dr. McGuire, and              
 there were none.  He asked for further public testimony, and noted            
 that Barbara Gabier of the Division of Occupational Licensing in              
 Juneau was also available to answer questions.                                
                                                                               
 REPRESENTATIVE GARY DAVIS asked Ms. Gabier to indicate with a nod             
 that the Department of Commerce does not have a problem with the              
 bill.                                                                         
                                                                               
 BARBARA GABIER, Program Coordinator, Division of Occupational                 
 Licensing, Department of Commerce and Economic Development (DCED),            
 did so.                                                                       
                                                                               
 CO-CHAIR TOOHEY said this bill made it all the way to the floor of            
 the Senate last year, and ran out of time.                                    
                                                                               
 CO-CHAIR BUNDE closed public testimony, and asked for the wish of             
 the committee.                                                                
                                                                               
 REPRESENTATIVE DAVIS motioned for the committee to move HB 231 to             
 the next committee of referral with individual recommendations and            
 accompanying fiscal note.  There were no objections.  HB 231 was              
 moved out of the House HESS Committee.                                        
                                                                               
 CO-CHAIR BUNDE called a five minute at-ease at 2:20 p.m. in order             
 for the sponsors of the next bill to prepare for a videotaped                 
 presentation.                                                                 
                                                                               
 CO-CHAIR BUNDE reconvened the meeting at 2:25 p.m.