Legislature(2007 - 2008)CAPITOL 17
03/26/2008 03:00 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB149 | |
| HB258 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 149 | TELECONFERENCED | |
| *+ | HB 258 | TELECONFERENCED | |
SB 149-REDISTRIBUTION OF USED EYEGLASSES;OPT BD. 3:08:52 PM CHAIR OLSON announced that the first order of business would be SENATE BILL NO. 149, "An Act relating to redistribution of used eyeglasses." 3:09:14 PM DAVE STANCLIFF, Staff to Senator Gene Therriault, Alaska State Legislature, explained the history of SB 149. He offered that the Lions Clubs of Alaska requested specific authority in statute to allow them to fit clients with refurbished eyeglasses. Clients would submit prescriptions and the Lions Club of Alaska would fit them with eyeglasses donated to the club. The Lions Club of Alaska estimates that approximately 1,500 Alaskans would benefit from SB 149. This bill does not require that a specific organization be granted carte blanche authority. Thus, SB 149 would provide that a nonprofit organization must be approved by the Department of Commerce, Community, & Economic Development (DCCED) to redistribute eyeglasses, he explained. Under current statutes, the only people who can fit a person for eyeglasses are licensed optometrists or opticians. The nonprofit would work with the DCCED to demonstrate its ability to meet the state's standards set by regulation. If the DCCED granted permission to the Lions Clubs of Alaska, a person would present their prescription obtained from an optometrist or licensed physician to the Lions Club of Alaska, who would fit the person with a pair of eyeglasses. He offered that SB 149 has not had any opposition. 3:11:34 PM REPRESENTATIVE BUCH inquired as to who would determinate that the eyeglasses are the appropriate prescription for the person. MR. STANCLIFF answered that the Lions Clubs have routinely performed these duties in other states and are equipped and trained to do so. The state would ascertain the program, the qualifications, and the methods and means to implement the program. 3:13:12 PM REPRESENTATIVE BUCH inquired as to whether a prescription that is close but is not an exact prescription match will harm the client. He asked if other groups could provide the same service. MR. STANCLIFF responded that he is not aware of any other group so qualified as the Lions Club since the Lions Clubs have acquired vast experience through its program to donate eyeglasses to the needy in other countries. However, SB 149 would allow other nonprofits to qualify. 3:14:35 PM REPRESENTATIVE GARDNER related that when she needs eyeglasses, she purchases them at Costco, Inc. and the eyeglasses are not fitted to her and are not prescribed by any state standards. MR. STANCLIFF answered that the current state standards are those required of a licensed optometrist. He said he was not sure what the state would require of the Lions Club, but probably its staff and volunteers would need to know technical knowledge. He pointed out that the Lions Clubs have an international record in operating similar programs. He referred to page 2, line 24, of SB 149, and noted that language that was added in the other body reads " ... conforms, to the extent possible ...". He explained that the Lions Clubs raise funds to pay for eye examinations so that everyone who needs eyeglasses can obtain a decent pair of eyeglasses. 3:17:16 PM REPRESENTATIVE GARDNER characterized the Lions Clubs' program to recycle eyeglasses as a wonderful program that she fully supports. She inquired as to the necessity for a person to have a prescription in order to access the recycled eyeglasses. MR. STANCLIFF answered that he is not sure why a prescription is required. He surmised that policy makers set what they must have considered to be a reasonable standard, such that prescriptions must be written under a licensed optometrist or opthalmologist. 3:19:01 PM HOWARD RIXIE, Aurora Borealis Lions Eyeglass Recycling Center, explained that he speaks on behalf of approximately 75 Lions Clubs in Alaska. The Lions Clubs of Alaska all support SB 149. He provided some background information on the Lions Clubs' longstanding efforts to assist the needy in obtaining eyeglasses. He related that in 1925, Helen Keller asked the Lions Clubs to help fix preventable blindness. He noted that the Lions Clubs take an active part in the crusade against darkness. He asked Senator Therriault to sponsor this bill because of two projects the Lions Clubs strongly support - eyeglasses recycling and eye care for the needy. Approximately 1,500 people are referred annually to the Lions Clubs for eye exams, eyeglasses, or for major eye care such as surgery, he noted. He explained the typical process is that someone refers a needy client to a Lions Club. The Lions Club would refer the person to a local state public assistance such as the Denali Kid Care to establish the validity of the need. Once the client is found to be truly in need, the Lions Club would financially sponsor the person. In Interior Alaska, the Lions Club has a long standing agreement with local eye doctors to provide eye exams at a flat rate of $60 and eyeglasses at a flat rate of $110. The total cost is $170 for each person assisted, he stated. The cost of eye care programs for the needy is daunting, he opined, and many times needy people are placed on a waiting list until financial resources become available. MR. RIXIE explained that the Aurora Borealis Lions Eyeglass Recycling project collects approximately 30,000 to 40,000 pairs of eyeglasses, which are sent to their recycling center in North Pole. At that location, volunteers sort, clean, inspect, repair, package, and ship approximately 30,000 pairs of eyeglasses throughout the world to support vision care health missions in the third world countries. Although third world countries are served, he noted that many people in Alaska go without services. The Lions Clubs researched whether eyeglasses could be redistributed in Alaska. Although the Alaska statutes don't preclude it, the statutes do not specifically enable or address redistribution of eyeglasses in Alaska, he offered. Thus, to ensure that the Lions Clubs can legally redistribute recycled eyeglasses, the Lions Clubs approached Senator Therriault and requested statutory clarification. The Lions Clubs envision each optometrist or opthalmologist would donate one or two Saturdays annually to perform free eye examinations. The Lions Clubs would offer free examinations once or twice monthly. Additionally, the Lions Clubs hope that among their thousands of donated ready-to-wear eyeglasses, the client would find a pair of eyeglasses that would match their prescription. He stated that the Lions Clubs don't want to "corner the market" on filling this need, but supports enabling statutes so that people who need eyeglasses will be able to receive them. One concern is that the Lions Clubs will take income making opportunities away from eye care professionals. But he argued that if the Lions Clubs did not serve the needs of these needy people, they would never get an eye exam or a pair of glasses. These folks are not active consumers in the eye care industry, he opined. And they won't become consumers until they have jobs that produce sufficient income that places quality of life and vision sufficiently in the forefront for the need to be acted upon. Most, if not all of the people served by the Lions Clubs are homeless, battered, displaced, or severely poor. He urged the committee to support SB 149. MR. RIXIE defined the three types of eye care professionals. He stated that an opthalmologist primarily studies eye disease and performs surgeries; an optometrist provides prescriptions, and an optician processes the prescription, orders the eyeglasses from the manufacturer, and fits the eyeglasses for the client. The Lions Clubs ideally would partner with opticians or would work towards the goal of performing the services the optician performs. Under SB 149, an optician would provide his services at a clinic and provide the Lions Club with a prescription. The Lions Club would sort through the recycled eyeglasses to provide a perfect or "near perfect fit" and would fit the client with eyeglasses. Currently, the Lions Clubs provide clients in third world countries with a "near perfect fit." Under the bill, the Lions Clubs would work with the state to develop the standard for "near perfect fit" such as reaching within .25 of the prescription, for a prescription of 1.50. Not all communities are currently served by optometrists or opticians, especially in rural Alaska, he noted. Therefore, the Lions Club may need to teleconference with the appropriate professional in order to serve the client. 3:26:57 PM CHAIR OLSON, after first determining no one else wished to testify, closed public testimony on SB 149. 3:27:28 PM REPRESENTATIVE GARDNER inquired as to whether it is essential to require a prescription for recycled eyeglasses. She related that second hand stores have stacks of donated eyeglasses and a person decides which pair of eyeglasses to select. REPRESENTATIVE RAMRAS stated that the Hippocratic Oath [that sets the ethical standard for physicians] requires medical personnel to "do no harm". He related his understanding of the program is for people to obtain a correct prescription for eyeglasses and he cautioned members not to degrade the degree of service. He related his own experience in wearing the wrong prescription which resulted in a headache. He opined that selecting ones own eyeglasses would not be appropriate care since the eyeglasses need to fit the prescription. REPRESENTATIVE GARDNER suggested that the committee not let the principle of perfection become the enemy. She acknowledged that it is great to have perfect fit. However, for many people without the means to afford eye care a near perfect may be adequate, she opined. She also noted that some places in rural Alaska may need to use accommodations such as telemedicine. 3:29:53 PM REPRESENTATIVE LEDOUX inquired as to whether current law restricts who can sell eyeglasses. MR. STANCLIFF answered that currently a person can purchase eyeglasses off the rack that the person feels corrects his/her vision. He pointed out the Lions Club and eye care professionals take that a step further [by determining the specific prescription of each lens.] REPRESENTATIVE LEDOUX inquired as to whether the Lions Clubs in Alaska are prevented from helping people to obtain recycled eyeglasses unless SB 149 passes the legislature. MR. RIXIE explained that currently in Alaska the Lions Clubs work with local eye doctors to provide a subsidy for clients to purchase the eyeglasses. Thus far, the Lions Clubs have not been able to redistribute eyeglasses since the eye care professionals are opposed to redistribution by allowing people to select their own pair of eyeglasses. He offered that the Lions Clubs want to provide a quality service to people rather than to have them randomly select eyeglasses. He pointed out that there are 50,000 possible prescriptions. He noted that their program would work to closely fit, if not perfectly fit the client. If the prescription did not fit exactly, the Lions Club would prefer to offer the client eyeglasses that are under their prescription rather than over their prescription, he stated. 3:32:09 PM REPRESENTATIVE LEDOUX related her understanding that the Lions Club could not allow people to sort through eyeglasses to select their own pair. She reiterated that stores such as Wal-Mart or second hand stores are selling eyeglasses that people randomly select, so she said she did not understand why the Lions Clubs could not do the same thing. MR. RIXIE said he could not fully explain the reason Wal-Mart can sell eyeglasses from a rack. He surmised that the eyeglasses that the Lions Clubs would recycle are actually eyeglasses prescribed specifically for someone else. He echoed his earlier testimony that the interpretation the Lions Club received was that the statutes do not enable or disallow the Lion's Club from performing the distribution of recycled eyeglasses. Since the Lions Club wants to be on firm legal ground, it has asked the legislature for clarification in statute. He also surmised that without the statute change that the Lions Club might have some liability if someone wore eyeglasses dispensed by them and complained. 3:34:27 PM REPRESENTATIVE LEDOUX inquired as to whether there is a legal need for SB 149. MR. STANCLIFF explained that as a nonprofit, the Lions Club takes its responsibilities seriously. Thus, the Lions Club of Alaska approached policymakers since it wants to work with the state agency to set standards to provide the best possible care for people in need of eyeglasses. He characterized the Lions Club efforts as benevolent. He said he applauds the approach that the Lions Club has taken with respect to SB 149. 3:36:15 PM MR. STANCLIFF, in response to Representative Gatto, said he couldn't answer if the Lions Club would be free from any liability. However, he said he believes that taking the route of working with a state agency to develop standards offers the Lions Club the best protection against liability. MR. RIXIE acknowledged that the Lions Club does not expect that its clubs will be totally free from liability. He pointed out that the International Lions Club is protected by a $1 million liability insurance policy. He characterized SB 149 as an equitable compromise. He related that the Lions Club has attempted to abide by the principle of "doing no harm" in the process of trying to make available 40,000 pairs of eyeglasses to Alaskans 3:38:01 PM REPRESENTATIVE GARDNER asked whether eyeglasses have an identifier or if someone must calculate the prescription. MR. RIXIE answered that the prescription is usually printed on the sides of the frame on eyeglasses purchased at Wal-Mart or similar stores. However, the ones generated by an optician or optometrist do not imprint the prescription on the eyeglasses. He surmised that may be because a person's vision is often not the same in each eye. Thus, most of the eyeglasses the Lions Clubs receive from donors are sent through a lens meter. Thus, the Lions Club volunteer would read the prescription for each lens, print a label for each lens, and would adhere the label to the outside of the bag. He characterized the process as efficient and precise. 3:39:37 PM REPRESENTATIVE GARDNER moved to report CSSB 149(L&C) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 149(L&C) was reported from the House Labor and Commerce Standing Committee.
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