Legislature(2013 - 2014)BARNES 124

03/17/2014 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 159 AIR AMBULANCE SERVICES TELECONFERENCED
Heard & Held
+= HB 288 AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND TELECONFERENCED
Heard & Held
+ HB 281 PRESCRIPTION WITHOUT PHYSICAL EXAMINATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 316 WORKERS' COMPENSATION MEDICAL FEES TELECONFERENCED
Heard & Held
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Moved CSHB 282(L&C) Out of Committee
        HB 281-PRESCRIPTION WITHOUT PHYSICAL EXAMINATION                                                                    
                                                                                                                                
4:46:25 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next order of business  would be                                                               
HOUSE BILL NO. 281, "An Act  relating to prescription of drugs by                                                               
a  physician   without  a  physical  examination."   [Before  the                                                               
committee was CSHB 281(HSS).]                                                                                                   
                                                                                                                                
4:46:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN GATTIS, as sponsor,  stated that HB 281 would                                                               
clarify  in statute  that physicians  may not  be sanctioned  for                                                               
dispensing  or administering  prescription medications  without a                                                               
physical  exam  of   the  patient.    This   practice  is  called                                                               
"telemedicine"  and is  medical  care delivered  by primary  care                                                               
physicians, licensed within Alaska.   Anyone needing medical care                                                               
would  be a  candidate for  this  system.   She highlighted  some                                                               
benefits  of telemedicine  for working  mothers  with sick  kids,                                                               
rural homesteaders, or  employees who cannot afford  to take time                                                               
off from  work.   Under HB  281, patients  could obtain  over the                                                               
phone or  online consultations in  which physicians  can diagnose                                                               
their  ailments and  provide  prescriptions  but stipulates  that                                                               
physicians   cannot  prescribe   controlled  substances.     Some                                                               
benefits of telemedicine include  convenience for the patient and                                                               
affordability, with  an average  cost of  $40 for  a consultation                                                               
fee rather  than an emergency  room visit that could  cost $1,000                                                               
or more.   In fact, 25  percent of the emergency  room visits are                                                               
for non-emergency care, she said.                                                                                               
                                                                                                                                
4:48:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS related a  scenario in which she personally                                                               
waited  at the  emergency room  for  hours to  obtain after  hour                                                               
care.  She said her  physician shared his knowledge of electronic                                                               
applications for  use on a  smart phone  and was excited  to hear                                                               
about her telemedicine  bill.  She offered her belief  that it is                                                               
time for telemedicine.  She  summarized that this bill comes down                                                               
to cost and access.  This  bill does not replace the primary care                                                               
provider (PCP) relationship;  however, in requesting consultation                                                               
a  patient  enters into  a  doctor/patient  relationship.   If  a                                                               
patient does not have a  PCP, he/she may designate a telemedicine                                                               
provider  as  such.    She  highlighted  some  issues  previously                                                               
discussed in other committees including patient privacy.                                                                        
                                                                                                                                
4:49:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS  said the health insurance  portability and                                                               
accountability  act (HIPPA)  privacy laws  apply to  telemedicine                                                               
providers  the   same  as  with   "brick  and   mortar"  offices.                                                               
Telemedicine already exists  and is being conducted  in the state                                                               
by the  Alaska Native  Tribal Health  Consortium (ANTHC)  and the                                                               
Veterans Administration.   Additionally,  companies such  as Home                                                               
Depot  and Costco  use  telemedicine as  part  of their  employee                                                               
plans.  This reinforces that  telemedicine is needed and is being                                                               
used.   Typically,  the usual  conditions  treated include  acute                                                               
respiratory  illness, skin  problems, abdominal  pain, back,  and                                                               
joint problems.   These practices can favorably  impact access to                                                               
care in both rural and urban  settings.  In fact, with 20 percent                                                               
of Alaska's population residing in  rural areas, it is imperative                                                               
that  access  to routine  care  be  as  quick and  economical  as                                                               
possible.   She has held  conversations in her district  and many                                                               
of her constituents already support telemedicine.                                                                               
                                                                                                                                
4:51:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   said  he   did  not   see  telemedicine                                                               
specifically listed in the bill.                                                                                                
                                                                                                                                
REPRESENTATIVE   GATTIS   suggested    that   telemedicine   will                                                               
specifically be clarified in an amendment.                                                                                      
                                                                                                                                
REPRESENTATIVE SADDLER said that his  wife works in public health                                                               
and has been working in telemedicine for 12 years or longer.                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  appreciated the sponsor bringing  this up.                                                               
He  offered a  belated thank  you to  the late  U.S. Senator  Ted                                                               
Stevens, Alaska, who  had raved about telemedicine  in the tribal                                                               
setting, including the benefits  to mental health, dental health,                                                               
and  therapists.   Furthermore, a  pilot program  in a  different                                                               
bill  will  try telemedicine  between  the  medical examiner  and                                                               
regional hubs.   He touted  telemedicine by  video as a  means to                                                               
provide  services  less  expensively.   He  said  a  telemedicine                                                               
connection  between patient  and  doctor is  much less  expensive                                                               
than using the emergency room.                                                                                                  
                                                                                                                                
CHAIR  OLSON  answered  that  the Kotzebue  program  has  been  a                                                               
national model and has been on the cutting edge for years.                                                                      
                                                                                                                                
4:53:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT asked whether  nurse practitioners will be                                                               
able to use telemedicine.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GATTIS answered  no; that  she followed  the same                                                               
guidelines  as if  patients walked  into their  doctor's offices.                                                               
She explained that if a  nurse practitioner works under a doctor,                                                               
it would  work the same  way under  the telemedicine model.   She                                                               
characterized it  as being a  connection between the  patient and                                                               
his/her provider.                                                                                                               
                                                                                                                                
REPRESENTATIVE MILLETT questioned this  since she is recipient of                                                               
ANTHC  and  understands  that   nurse  practitioners  work  under                                                               
physicians and can prescribe antibiotics.                                                                                       
                                                                                                                                
REPRESENTATIVE GATTIS  answered that  the federal exemption  is a                                                               
little different than this model.                                                                                               
                                                                                                                                
4:54:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asked  for  clarification  on how  this                                                               
would  work.   He envisioned  someone picks  up the  telephone to                                                               
obtain care.  He asked whether telemedicine is a business.                                                                      
                                                                                                                                
REPRESENTATIVE GATTIS  agreed telemedicine is a  business, noting                                                               
that  doctor's  offices  are  also businesses.    She  related  a                                                               
scenario to illustrate  that mothers would not need  to take kids                                                               
to  the doctor's  office and  wait,  but would  simply phone  the                                                               
doctor and provide specific details,  such as the temperature and                                                               
any allergies. The doctor would  assess the information provided,                                                               
perhaps including reviewing a  telephonically submitted photo and                                                               
make a  diagnosis or  ask the  patient to come  in if  the doctor                                                               
believes the patient may need specialist.                                                                                       
                                                                                                                                
4:56:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON   asked  whether   this  would   be  an                                                               
enterprise in which  a brick and mortar  practitioner breaks away                                                               
or if this is a "doc in the box" by phone only.                                                                                 
                                                                                                                                
4:57:11 PM                                                                                                                    
                                                                                                                                
REID  HARRIS, Staff,  Representative  Lynn  Gattis, Alaska  State                                                               
Legislature, in  response to Representative  Josephson, explained                                                               
that the bill will allow  doctors already licensed in Alaska with                                                               
a  "brick  and  mortar"  business   to  engage  in  telemedicine.                                                               
However, there  are some large national  corporations that employ                                                               
doctors within  the state,  without any  outsourcing.   Thus, the                                                               
bill would  allow these corporations  to operate in the  same way                                                               
other doctors  do.  For  example, a primary care  physician could                                                               
set  up telemedicine  with  per  charge fees  or  a doctor  could                                                               
contact "Teladoc" or some other  telemedicine corporation and ask                                                               
the it to run the doctor's telemedicine portion of the business.                                                                
                                                                                                                                
4:58:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  recalled   previous  testimony  before                                                               
another  committee that  some medicine  could  be prescribed  for                                                               
back  pain.    He  asked   for  clarification  on  how  to  avoid                                                               
prescription abuse with telemedicine,  noting in his law practice                                                               
he  encountered such  cases.   He suggested  perhaps prescription                                                               
contracts  were  necessary.    He asked  how  to  avoid  patients                                                               
calling  five telemedicine  practices  in a  day to  fraudulently                                                               
obtain drugs.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTIS  answered that  this bill does  not address                                                               
chronic back pain,  and telemedicine is limited  to minor issues.                                                               
She deferred to Dr. DePhillips, Teladoc, to answer more fully.                                                                  
                                                                                                                                
CHAIR OLSON listed  testifiers who have signed  up for questions,                                                               
including  telemedicine doctors  and  department  staff from  the                                                               
Department of Commerce, Community & Economic Development.                                                                       
                                                                                                                                
REPRESENTATIVE GATTIS related that a  number of people have shown                                                               
an  interest in  the  bill.   She  offered  her  belief that  the                                                               
practice of telemedicine needs to be clarified.                                                                                 
                                                                                                                                
5:00:32 PM                                                                                                                    
                                                                                                                                
HENRY  DePHILLIPS,  Physician,  Teladoc, answered  that  no  Drug                                                               
Enforcement  Administration   (DEA)  controlled   substances  are                                                               
allowed  to be  prescribed  under the  bill.   Most  telemedicine                                                               
companies  that  provide services  in  all  50 states,  including                                                               
Teladoc,  prohibit  prescribing  any  DEA  controlled  substances                                                               
including  narcotics   and  benzodiazepines.     In   fact,  most                                                               
telemedicine drugs prescribed for primary  care health tend to be                                                               
for sinusitis,  bronchitis, and urinary tract  infections and are                                                               
medicines that  tend to be  generic such as amoxicillin  or cough                                                               
suppressants, which  are not  prone to  abuse.   Although Teladoc                                                               
occasionally receives  requests for narcotics, once  these people                                                               
find  they are  not successful  in obtaining  the drugs,  Teladoc                                                               
typically will not hear from these people again                                                                                 
                                                                                                                                
5:02:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  referred to  a memo  he saw  two months                                                               
ago with respect  to an earlier version in the  Senate for SB 80,                                                               
in which the state medical board  opposed the bill since it tends                                                               
to redefine the  practice of medicine, which has at  its core the                                                               
physical examination of patients.                                                                                               
                                                                                                                                
DR.  DePHILLIPS  provided  history  that he  thought  would  best                                                               
answer this.   In the  1990s, Internet scams occurred  and people                                                               
could  obtain  prescriptions  online without  any  doctors  being                                                               
involved.   The  result was  that  all the  state medical  boards                                                               
enacted a "prior  in-person requirement" which drove  most of the                                                               
Internet businesses  out of business.   However, 15  years later,                                                               
patients can be safely connected  with a physician, which is what                                                               
telemedicine  is all  about.   Several medical  boards have  been                                                               
resistent to  telemedicine for two  reasons.  First,  the medical                                                               
boards,  including  the Alaska  State  Medical  Board, have  been                                                               
concerned  about  patient care  going  to  physicians who  reside                                                               
outside of their state.   He understood that concern; however, he                                                               
advised that  his company's business  model calls  for physicians                                                               
to be  located in Alaska.   These doctors are residents,  who are                                                               
licensed in Alaska  to provide care for Alaskans.   That has been                                                               
Teladoc's business model, thus, the bill addresses that concern.                                                                
                                                                                                                                
DR.  DEPHILLIPS related  the second  concern, which  is that  the                                                               
medical boards have expressed concern  about patient safety since                                                               
the  boards  believe  that  not  seeing  the  patient  in  person                                                               
represents  an  unsafe  encounter.     He  also  understood  this                                                               
concern.    However,  he  said he  is  a  board-certified  family                                                               
physician  who has  practiced  medicine for  ten  years prior  to                                                               
moving to the  telemedicine industry.  The data  does not support                                                               
the concern.   He  said, "At least  in our  company's experience.                                                               
We're  now coming  up this  quarter  on one-half  of one  million                                                               
telehealth consults around the 50  states."  Furthermore, Teladoc                                                               
covers  the liability  insurance  for all  50  states of  network                                                               
physicians and  has never  had a liability  claim.   He concluded                                                               
that if  you put  good guard  rails around  the program,  it will                                                               
work.    He  outlined  the   elements  needed  for  telemedicine,                                                               
including  using  safe   prescribing  habits,  using  established                                                               
clinical practice  guidelines, having a strong  quality assurance                                                               
program, and treating common uncomplicated  medical problems.  He                                                               
related  that his  company has  all of  this, which  he suspected                                                               
other telemedicine companies also have, too.                                                                                    
                                                                                                                                
5:05:02 PM                                                                                                                    
                                                                                                                                
DR. DEPHILLIPS  said he  is testifying  today because  the Alaska                                                               
State Medical Board  has been reaching out  and censuring doctors                                                               
who  work for  telemedicine companies  who prescribe  medications                                                               
without  a  prior  in-person  visit.    He  stated  that  Teladoc                                                               
initially attempted to work with  the Alaska State Medical Board,                                                               
but the  board would  not "budge" on  that issue;  hence, Teladoc                                                               
has  turned  to  a  legislative solution.    Both  Representative                                                               
Gattis  and Senator  Dyson, as  sponsors,  strongly believe  that                                                               
telehealth will  benefit Alaskans.  He  noted clear documentation                                                               
that telemedicine  will increase access, especially  to those who                                                               
do  not currently  have  a  primary-care physician  relationship.                                                               
The  RAND Corporation,  a  non-profit  organization, conducted  a                                                               
study independent of Teladoc that  has helped to demonstrate that                                                               
aspect.   Certainly,  it is  very  clear that  medical costs  are                                                               
reduced by  telemedicine since one  of the  frequent alternatives                                                               
to a telemedicine  consult is a visit to the  emergency room.  He                                                               
offered  that  as  telehealth  consults   go  up  for  employees,                                                               
emergency  room costs  for  inappropriate  emergency room  visits                                                               
actually are reduced over time.                                                                                                 
                                                                                                                                
5:06:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD asked where Teladoc is located.                                                                         
                                                                                                                                
DR. DEPHILLIPS  said that he  works out of  Nashville, Tennessee,                                                               
and  his company  operates nationwide,  with more  than half  the                                                               
company  serving remote  areas.   In response  to a  question, he                                                               
answered that  he was  aware that  telemedicine occurs  in Alaska                                                               
through the  Indian Health  Service, [an  agency within  the U.S.                                                               
Department  of   Health  and  Human  Services,   responsible  for                                                               
providing federal health services  to American Indians and Alaska                                                               
Natives] and the U.S. Department of Veterans Affairs (VA).                                                                      
                                                                                                                                
5:06:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   REINBOLD  said   it  is   hard  to   argue  with                                                               
telemedicine  due  to  the benefits  and  some  significant  cost                                                               
savings  and people  can  see  the benefits.    However, she  has                                                               
worked in the  health care industry for nearly two  decades.  She                                                               
said, "This is  really alarming to me - this  bill.  Telemedicine                                                               
cannot replace a patient/doctor interaction."                                                                                   
                                                                                                                                
REPRESENTATIVE REINBOLD  noted that she  did not see  anything in                                                               
members'  packets from  the [Alaska  State] Medical  Association,                                                               
the  Dental Association,  or the  Board of  Pharmacy.   The State                                                               
Medical Board  opposes the bill.   She emphasized a need  to hear                                                               
from  insurance  companies.   She  expressed  concern  about  the                                                               
risks, about  malpractice aspects  since so  much care  occurs in                                                               
telemedicine without any physical assessment of patients.                                                                       
                                                                                                                                
5:08:17 PM                                                                                                                    
                                                                                                                                
DR.  DEPHILLIPS  said  the  Alaska  [State]  Medical  Association                                                               
discussed  telemedicine with  his organization.   He  related his                                                               
understanding that  ASMA is  in agreement with  the terms  of the                                                               
bill.   His company markets  telemedicine as an option  only when                                                               
it isn't  possible for patients  to reach their own  primary care                                                               
physician timely.   He emphasized this as being  a very important                                                               
part of  the Teladoc's business  model.  He assured  members that                                                               
his company isn't interested in  being the primary care physician                                                               
(PCP).   In addition, Teladoc  has many health  insurance company                                                               
clients,  including Aetna,  who offers  telemedicine coverage  in                                                               
many other  states that have  clear regulatory language  to allow                                                               
it.   In terms of patient  safety experience, the data  is clear.                                                               
Teladoc  provides the  liability  insurance  for several  hundred                                                               
doctors that  provide telemedicine and  his company falls  in the                                                               
lowest-tier of their premium profile.   In the 12-year history of                                                               
Teladoc,  the   company  has  not   had  any   liability  claims.                                                               
Secondly, while the  industry has perhaps had  more consults, his                                                               
company has  provided nearly 500,000  consults to date.   Teladoc                                                               
uses evidence-based  clinical practice guidelines and  provides a                                                               
copy of the  consult to the patient's own  primary care physician                                                               
or to  the patient's  health insurance  company so  the insurance                                                               
company care  managers can reach  out and  "hook them up"  with a                                                               
primary  care physician.    The data  is  pretty compelling  that                                                               
telemedicine  seems to  be safe  when  it is  deployed with  good                                                               
"boundaries  and  guardrails."    Thus, it  seems  to  really  be                                                               
additive to the medical system, he said.                                                                                        
                                                                                                                                
5:10:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS said that this  clarifies in some ways what                                                               
is already  happening.   In fact,  some doctors  want legislative                                                               
sanction to  clarify some existing  practices.  She  related that                                                               
she worked with  the Alaska State Medical Board  in crafting this                                                               
bill.   She pointed out  HB 281 considered language  suggested by                                                               
the  State   Medical  Board   and  employs   current  technology,                                                               
including cell phone  and application uses; however,  HB 281 does                                                               
not include  dentistry.  She felt  Dr. DePhillips did a  good job                                                               
explaining  telemedicine.    The  bill  will  clarify  what  some                                                               
practices  currently  provide,  relating the  federal  government                                                               
already exempts  telemedicine for  the VA and  [IHS].   This bill                                                               
will bring that type of service to rest of Alaska.                                                                              
                                                                                                                                
5:12:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  offered to  explain how  telemedicine has                                                               
worked in Alaska  for Alaska Natives.  For example,  a person can                                                               
go to  the clinic  in King  Cove and  see a  health aide  who can                                                               
provide  a  prescription   that  saves  lives.     She  said  the                                                               
telemedicine  program  within  the Alaska  Native  Tribal  Health                                                               
Consortium (ANTHC) has a broader  scope in terms of telemedicine,                                                               
including  using  streaming   video  and  electronically  sending                                                               
information back and forth.   These practices help keep sick kids                                                               
healthy since  a disincentive exists for  those without insurance                                                               
due to cost  of doctor visits.  One advantage  of telemedicine is                                                               
that [Alaskans] don't  end up paying health care  costs for minor                                                               
issues treated  in the emergency  room.  Instead,  these Alaskans                                                               
can call a  telemedicine doctor to treat ailments,  such as strep                                                               
throat.  Of course, telemedicine  can't be used to treat patients                                                               
with  broken legs,  broken ribs,  or heart  attacks, but  it will                                                               
treat many types of minor  medical complaints.  She asked whether                                                               
this bill is modeled after IHS  and VA, which provide medicine in                                                               
an established way.                                                                                                             
                                                                                                                                
CHAIR OLSON asked  whether that was Dr.  DePhillip's health model                                                               
for Teladoc.                                                                                                                    
                                                                                                                                
DR. DEPHILLIPS  answered that  Representative Millett  is exactly                                                               
correct.   Currently,  physicians are  residents and  licensed in                                                               
Alaska,  taking care  of Alaskans  under  the two  aforementioned                                                               
federal programs.   The  State Medical Board  in Alaska  does not                                                               
want  to  allow this  practice  so  some  doctors are  seeking  a                                                               
legislative solution.  He stated that  the reality is that HB 281                                                               
allows the same Alaska resident  licensed physicians to take care                                                               
of the rest of  the citizens in Alaska, who are  not in a federal                                                               
health program in  the same way that the  federal health programs                                                               
provide service.   This bill represents "a little bit  of a catch                                                               
up" so  all Alaskans can benefit,  he said.  He  has been working                                                               
in  the  health care  industry  for  over  30  years and  in  his                                                               
experience, if a problem arises,  "heads roll" in the health care                                                               
industry  since medicine  is high  profile, high  visibility, and                                                               
medical liability  is a huge issue.   No doctor or  company wants                                                               
to  be  involved with  [malpractice],  patient  safety must  come                                                               
first,  and  there  is  pretty  good  data  to  demonstrate  that                                                               
[telemedicine] can be done safely.                                                                                              
                                                                                                                                
5:15:39 PM                                                                                                                    
                                                                                                                                
DON HABEGER,  Director, Division  of Corporations,  Business, and                                                               
Professional   Licensing   (DCBPL),   Department   of   Commerce,                                                               
Community,  &  Economic  Development,   stated  that  he  is  the                                                               
director  of DCBPL  until March  29,  2014.   He introduced  Sara                                                               
Chambers, the Operations Manager for DCBPL.                                                                                     
                                                                                                                                
5:16:32 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON referred to page 1,  line 10, of HB 281 to "physician                                                               
is  located in  this  state" and  asked whether  it  needs to  be                                                               
"licensed" physician.                                                                                                           
                                                                                                                                
MR.  HABEGER   answered  that  the  aforementioned   language  is                                                               
inserted in  the medical  chapter surrounded by  a large  body of                                                               
qualification  licensing  language.   In  further  response to  a                                                               
question,  agreed  that  at  first  glance  he  believes  that  a                                                               
licensed physician is covered.                                                                                                  
                                                                                                                                
5:17:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  said  he   did  not  see  "telemedicine"                                                               
explicitly mentioned.  He did not  see how making a little change                                                               
in the  sanction's section of law  does all the things  that have                                                               
been represented for telemedicine.   He asked whether this is the                                                               
only thing in the way of widespread practice of telemedicine.                                                                   
                                                                                                                                
MR. HABEGER  offered to  put it  in context  of what  the [Alaska                                                               
State Medical]  board currently does  and the approach  it takes.                                                               
He said the  board would argue it  currently offers telemedicine;                                                               
however, the  board also strongly  believes that  the patient-to-                                                               
patient  contact is  very important.    Within the  IHS model,  a                                                               
physician is on one  end of the line and a health  aide is at the                                                               
other.  The  difference is that the health  aide is knowledgeable                                                               
about  medicine  and  can  observe the  patient  from  a  medical                                                               
perspective.   Under the bill  if a  health aide is  not present,                                                               
the board cannot sanction a licensee to prescribe drugs.                                                                        
                                                                                                                                
5:19:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether  other large sections of law                                                               
envision telemedicine.   He reiterated  that he is  surprised the                                                               
"one little fix" would make such  a big change in the practice of                                                               
medicine in Alaska.                                                                                                             
                                                                                                                                
MR. HABEGER explained  that within the context  of licensure, the                                                               
qualifications and the medical  examination process for licensure                                                               
is  quite extensive.   He  said that  the [Alaska]  State Medical                                                               
board   oversees  licensure   and  the   agency  just   does  the                                                               
processing.    He said  HB  281  provides a  prohibition  against                                                               
bringing sanction [against a doctor]  for a telemedicine contact.                                                               
He reiterated  that telemedicine contacts already  exist and this                                                               
change in law  simply means that a health aide  isn't required to                                                               
be present  at one  end.   He did not  envision a  huge expansion                                                               
under the bill.                                                                                                                 
                                                                                                                                
REPRESENTATIVE SADDLER  commented that it  might just be  that he                                                               
is missing something.                                                                                                           
                                                                                                                                
5:20:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  said he  is curious that  this practice                                                               
already exists.   He related a  scenario in which a  physician in                                                               
Anchorage prescribes  drugs, in which  the process would  be that                                                               
the  patient  calls and  describes  the  symptoms and  obtains  a                                                               
prescription.   He  related  that  in his  own  experience, as  a                                                               
patient, that  he has  never called  a doctor  unknown to  him to                                                               
obtain a  prescription.  He  asked whether that type  of activity                                                               
is currently occurring in Alaska.                                                                                               
                                                                                                                                
MR. HABEGER  said he would  withdraw the term  "already existing"                                                               
although  telephonic diagnosis  does exist.   He  emphasized that                                                               
the  key  is  that  the  board  allows  a  health  aid  or  other                                                               
practitioner  [to  prescribe  medicine  without  the  patient  or                                                               
physician being present].   In response to a  question, he agreed                                                               
that  currently,   any  health  care  professional,   such  as  a                                                               
certified nurse aide (CNA), who  has some training [consults with                                                               
the  physician telephonically  about the  patient and  prescribes                                                               
medicine to treat the patient.]                                                                                                 
                                                                                                                                
5:22:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked  what  he thinks  of  the  State                                                               
Medical  Board's position  that  "we don't  like  this" when  the                                                               
Alaska State Medical Association says it is okay.                                                                               
                                                                                                                                
MR. HABEGER  referred to  earlier comments  on the  State Medical                                                               
Board's objection  to SB  80.   He said  the original  version of                                                               
that bill included  licensure of out-of-state doctors.   When the                                                               
board met  they were soundly  against that version.   He recalled                                                               
that the  companion bill [SB 80]  was later amended.   He was not                                                               
sure [of the board's position on the amended version of SB 80.]                                                                 
                                                                                                                                
5:23:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON referred  to  an email  of January  28,                                                               
2014,  from Deborah  Stovern, Executive  Director, State  Medical                                                               
Board, that  also indicates  that the  board was  concerned about                                                               
the  lack   of  contact   [by  the   physician].     He  recalled                                                               
Representative Millett's  reference to strep throat,  noting that                                                               
it would require a culture to  diagnose strep throat.  He further                                                               
recalled when he lived in Kalskag  that he had met with a [health                                                               
care] aide in  a cabin who performed a  strep culture, presumably                                                               
calling a doctor in Bethel [to  consult].  He characterized it as                                                               
being "bookends" or a "virtual" contact.   He asked how this bill                                                               
would allow for a culture.                                                                                                      
                                                                                                                                
MR. HABEGER said he can't answer that.                                                                                          
                                                                                                                                
REPRESENTATIVE MILLETT  offered her  belief that it  could happen                                                               
via an application for an iPhone.                                                                                               
                                                                                                                                
5:24:55 PM                                                                                                                    
                                                                                                                                
ROBERT LAWRENCE, Physician, Chief  Medical Officer, Inmate Health                                                               
Care, Department of  Corrections (DOC), stated that  prior to his                                                               
state work  he served  the Norton Sound  Health Corporation  as a                                                               
family physician and subsequently  became the owner and cofounder                                                               
of a  small medical company  that used and tested  the technology                                                               
that is before the committee today.                                                                                             
                                                                                                                                
LAURA  BROOKS, M.S.,  Health  Care  Administrator, Department  of                                                               
Corrections, thanked  the committee  and the sponsor  for working                                                               
with the  DOC.  She  indicated some  wording [in the  bill] could                                                               
potentially impact the way the DOC practices every day.                                                                         
                                                                                                                                
5:25:27 PM                                                                                                                    
                                                                                                                                
MS. BROOKS explained  that the DOC was one of  the first agencies                                                               
to start using telemedicine in  order to provide improved medical                                                               
services to inmates  in rural areas.  She explained  that in 1998                                                               
the DOC's psychiatrists began using  telemedicine.  This practice                                                               
has allowed the  DOC to reduce costs since  the psychiatrists had                                                               
previously  been  traveling to  remote  areas  several times  per                                                               
month.   Now these  doctors can provide  medical care  to inmates                                                               
via telemedicine, which is more efficient and cost effective.                                                                   
                                                                                                                                
MS.  BROOKS   expressed  concern   on  the  wording   related  to                                                               
controlled substances, which may  adversely impact the department                                                               
in two areas.  First,  currently a psychiatrist might prescribe a                                                               
controlled  substance   for  new  arrests,  who   currently  take                                                               
medication,  or experience  a mental  health crisis.   Currently,                                                               
this  is  done via  the  telemedicine  system, which  allows  the                                                               
department  to  provide  safe  and  immediate  interventions  for                                                               
mental health crises.   Secondly, the DOC is  a 24-hour provider.                                                               
In  addition to  telepsychiatry, the  department has  physicians,                                                               
nurse practitioners,  and physician's assistants who  are on call                                                               
telephonically  for  all  DOC  medical  clinics  and  facilities,                                                               
including  half-way  houses  and community  jails.    Prescribing                                                               
controlled   substances  is   common   for   DOC  providers,   in                                                               
particular, for  those who experience  withdrawal symptoms.   She                                                               
indicated that  some intoxicated people are  arrested after hours                                                               
and  the department  doesn't have  any  providers on  site.   She                                                               
estimated 3,000  prescriptions per  year for detox  protocols for                                                               
controlled substances  are made by telephone  by these providers.                                                               
Since  telemedicine  has  improved the  department's  ability  to                                                               
provide  services  to the  DOC's  clientele,  the department  has                                                               
concerns about how that section of HB 281 would impact them.                                                                    
                                                                                                                                
5:28:10 PM                                                                                                                    
                                                                                                                                
DR.  LAWRENCE  outlined  two  different  forms  of  telemedicine.                                                               
Telemedicine  has long  been offered  in Alaska,  initially as  a                                                               
provider-to-provider communication.  For  example, if a physician                                                               
needed  a  consultant, the  physician  might  use a  telemedicine                                                               
consult to  obtain an answer.   This bill seems to  relate to the                                                               
second  form  of  telemedicine,  which is  a  direct  patient-to-                                                               
provider consultation.  He clarified  that the department engages                                                               
in the  first type  of telemedicine.   He  related a  scenario to                                                               
illustrate how telephonic communications  have been used in rural                                                               
areas, such  as in  Nome to  treat someone  who was  arrested but                                                               
began  experiencing alcohol  withdrawal,  which could  lead to  a                                                               
deadly condition of  delirium tremens (DTs).   In those instances                                                               
the treatment is  to prescribe a benzodiazepine  that can prevent                                                               
seizures or else the inmate must  be taken to the emergency room.                                                               
Thus, an  unintentional consequence  of HB  281 will  prevent him                                                               
from prescribing a controlled  substance using telemedicine since                                                               
he could be sanctioned by the  board.  He said the language needs                                                               
to be clarified to address the current practices.                                                                               
                                                                                                                                
CHAIR OLSON  indicated Dr. Lawrence  is working with  the sponsor                                                               
and his office to address those issues.                                                                                         
                                                                                                                                
5:30:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  asked whether  the DOC could  be exempted                                                               
from the bill.                                                                                                                  
                                                                                                                                
DR. LAWRENCE answered that would be one viable option.                                                                          
                                                                                                                                
5:30:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT asked  whether any  other state  agencies                                                               
perform similar functions.                                                                                                      
                                                                                                                                
DR.  LAWRENCE answered  that in  Alaska other  organizations have                                                               
the same model,  for example, ANTHC is the other  group that uses                                                               
the same model and often  experiences the same scenarios although                                                               
the patient population may be different.                                                                                        
                                                                                                                                
CHAIR OLSON offered to keep the public testimony open.                                                                          
                                                                                                                                
[HB 281 was held over.]                                                                                                         

Document Name Date/Time Subjects
SB159 ver N.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Sponsor Statement.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Sectional Analysis.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Fiscal Note-DCCED-DOI-2-10-14.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Email Clay Bezenek 3-13-2014.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter Airlift Northwest 11-22-2013.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter Ernest Bliss 2-19-2014.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter Jane Bliss 2-19-2014.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter Janet Buness 2-19-2014.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter Maureen Maxand 2-29-2014.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter SOA Div Ins to Airlift Northwest 7-16-2013.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter SOA Div Ins to Dina Yunker 11-12-2013.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents–Letter SOA Div Ins to Dina Yunker, 11-19-2013.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter SOA to Airlift Northwest AirCare 11-12-2013.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter Theresa Allen 2-19-2014.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-Letter Walter Moorhead 2-19-2014.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-News Article-Chilkat Valley News 12-5-2013.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-News Article-CoastAlaska News 11-26-2013.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
SB159 Supporting Documents-News Article-Juneau Empire 1-20-2014.pdf HL&C 3/17/2014 3:15:00 PM
SB 159
HB288 Draft Proposed Blank CS ver N.pdf HL&C 3/17/2014 3:15:00 PM
HB 288
HB288 ver N Sectional Analysis.pdf HL&C 3/17/2014 3:15:00 PM
HB 288
HB288 Supporting Documents-Arctic Infrastructure Fund for AIDEA.pdf HL&C 3/17/2014 3:15:00 PM
HB 288
HB281 ver A.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281(HSS) ver U.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281 Sponsor Statement.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281 Fiscal Note-DCCED-CBPL-02-06-2014.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281 Draft Proposed Amendment U.1.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281 Summary of Changes ver A to ver U.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281 Supporting Document-Rand Study.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281 Supporting Document-Teladoc Press Release.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281 Supporting Document-DOLWD Census Data.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281 Supporting Document-Letter Teladoc2-10-2014.pdf HL&C 3/17/2014 3:15:00 PM
HB 281
HB281 Opposing Document-Email-ASMB 1-28-2014.pdf HL&C 3/17/2014 3:15:00 PM
HB 281