Legislature(2017 - 2018)BARNES 124

03/10/2018 03:00 PM House LABOR & COMMERCE

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03:04:28 PM Start
03:05:30 PM Confirmation Hearing(s):
03:10:04 PM HB89
03:48:32 PM HB264
04:40:34 PM HB350
04:43:18 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 89 LICENSE RADIOLOGIC/NUC. MED TECHNOLOGISTS TELECONFERENCED
Heard & Held
+= HB 264 SHOPPING BAG FEES & RECYCLING TELECONFERENCED
Heard & Held
+= HB 350 AUTOMATED TELLER MACHINES: FEES TELECONFERENCED
Moved HB 350 Out of Committee
        HB  89-LICENSE RADIOLOGIC/NUC. MED TECHNOLOGISTS                                                                    
                                                                                                                                
3:10:04 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that  the next order  of business  would be                                                               
HOUSE BILL  NO. 89,  "An Act  requiring licensure  of occupations                                                               
relating  to   radiologic  technology,  radiation   therapy,  and                                                               
nuclear  medicine  technology;  and providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
REPRESENTATIVE  CHRIS TUCK,  Alaska State  Legislature, presented                                                               
HB 89 as prime sponsor.                                                                                                         
                                                                                                                                
3:10:52 PM                                                                                                                    
                                                                                                                                
KENDRA   KLOSTER,  Staff,   Representative  Tuck,   Alaska  State                                                               
Legislature, presented  HB 89 on  behalf of  Representative Tuck,                                                               
prime  sponsor.    She paraphrased  from  the  sponsor  statement                                                               
[included in  committee packet] which reads  as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     House Bill 89 would establish licensing requirements                                                                       
     for radiology technicians to increase safety for                                                                           
     patients  and  healthcare professionals.  Approximately                                                                    
     two-thirds  of  the  states have  laws  regulating  the                                                                    
     practice of  radiologic technology. However,  Alaska is                                                                    
     not among  the majority  who require licensing  of this                                                                    
     profession.                                                                                                                
                                                                                                                                
     Radiology  technicians have  an important  role in  the                                                                    
     healthcare field  to provide services  including x-rays                                                                    
     used  for  checking  broken bones;  Magnetic  Resonance                                                                    
     Imaging (MRI) used to  find tumors, bleeding, diseases,                                                                    
     and  infections;  and  Computed Tomography  (CT)  scans                                                                    
     used to diagnose many types of cancer.                                                                                     
                                                                                                                                
     While  a number  of Alaskans  use these  services, many                                                                    
     may  not  be  aware  of the  potential  risk  of  over-                                                                    
     exposure  to  radiation,  which  can  lead  to  serious                                                                    
     health  problems, and  even death.  To increase  safety                                                                    
     for the patients and  healthcare professionals, we need                                                                    
     to ensure  technicians are  being trained  properly and                                                                    
     the equipment is checked regularly.                                                                                        
                                                                                                                                
     We  have  been  working  closely  with  the  radiologic                                                                    
     technicians,  the  Alaska  Departments  of  Health  and                                                                    
     Social  Services and  Commerce, Community  and Economic                                                                    
     Development to ensure we  are crafting legislation that                                                                    
     will  improve  public   safety  standards  for  Alaskan                                                                    
     through   these   new   licensing   requirements.   The                                                                    
     Department of Health and Social Services have been                                                                         
     working with radiology technicians  across the state to                                                                    
     develop  regulations   that  will  partner   with  this                                                                    
     legislation  to increase  safety  measures, update  our                                                                    
     out-of-date  regulations, and  ensure changes  will not                                                                    
     adversely affect technicians in rural Alaska.                                                                              
                                                                                                                                
     Radiation   protection   is   about  safety   and   the                                                                    
     prevention  of  undue  risk  from  radiation  exposure.                                                                    
     House  Bill  89  will  improve the  safety  of  medical                                                                    
     imaging  procedures   by  establishing   education  and                                                                    
     standards  to ensure  competency of  all operators  and                                                                    
     patients. I  respectfully ask for  your support  in the                                                                    
     passage of House Bill 89.                                                                                                  
                                                                                                                                
3:13:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH asked how many radiologists the legislation                                                                
would embrace.                                                                                                                  
                                                                                                                                
MS. KLOSTER deferred to Ms. Rufsholm.                                                                                           
                                                                                                                                
3:14:35 PM                                                                                                                    
                                                                                                                                
DONNA  RUFSHOLM,  Chair,  Legislative Affairs  Committee,  Alaska                                                               
Society of Radiologic Technologists,  testified in the hearing on                                                               
HB  89.   She  informed  there  are  about 650  registered  radio                                                               
technologists  in Alaska.  She specified  those individuals  have                                                               
gone  through a  formal program  with a  minimum of  two to  four                                                               
years  and passed  a  national  exam.   She  indicated there  are                                                               
estimated  to  be  one  to  two other  individuals  who  are  not                                                               
registered and who have not gone through any formal education.                                                                  
                                                                                                                                
REPRESENTATIVE BIRCH  asked whether dental x-ray  technicians are                                                               
included.                                                                                                                       
                                                                                                                                
MS.  RUFSHOLM answered  dentists are  exempted from  this program                                                               
because they have their own board and licensure.                                                                                
                                                                                                                                
3:17:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH asked whether  there are incidents of people                                                               
being over-radiated in Alaska.                                                                                                  
                                                                                                                                
MS. RUFSHOLM  answered that  many incidents  are not  heard about                                                               
because  they   become  locked  files  through   litigation.  She                                                               
mentioned rural areas  send images into urban centers  to be read                                                               
and medical  assistants in  those rural  areas have  very minimal                                                               
training.   She  stated  the  biggest concern  in  Alaska is  the                                                               
assistance  in rural  areas involving  the individuals  taking x-                                                               
rays who don't have the appropriate  training.  She said she sees                                                               
x-rays that are over-exposed or  under-exposed. She informed that                                                               
radiation is cumulative, and it  could be ten years before cancer                                                               
from over-exposure  appears.   She said  the proposed  bill would                                                               
ensure the people who take  x-rays have the appropriate education                                                               
and  training. She  added it  is important  that the  training is                                                               
affordable and accessible.                                                                                                      
                                                                                                                                
3:21:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  shared  his  concern that  the  state  was                                                               
"painting   itself   into    a   corner"   with   certifications,                                                               
particularly in rural areas.                                                                                                    
                                                                                                                                
MS. RUFSHOLM  said the clinics in  rural areas "are okay  with" a                                                               
licensure  program as  long as  it's  affordable and  accessible.                                                               
She added the  online program allows for  accessible training for                                                               
certification.  She remarked the  people she had spoken with want                                                               
to have additional training as long as it is affordable.                                                                        
                                                                                                                                
3:24:26 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO  mentioned   there  are  lots  of   places  in  rural                                                               
communities that might  not have access to  individuals who could                                                               
become radio  technologists.  He  asked whether a  community with                                                               
the equipment  but no one who  can be trained would  have to wait                                                               
for a licensed  individual to obtain the x-ray image  of a broken                                                               
arm.                                                                                                                            
                                                                                                                                
MS. RUFSHOLM answered,  "Absolutely not."   She  said the society                                                               
had made  provisions and  had attempted  to address  these issues                                                               
regarding the very  rural areas in Alaska. She  explained all the                                                               
current  health  aides  have  to  do is  show  competency  to  be                                                               
grandfathered into the system. She  said anyone new coming into a                                                               
rural  community  can  get temporary  licensure  while  they  are                                                               
preparing for certification.                                                                                                    
                                                                                                                                
3:27:38 PM                                                                                                                    
                                                                                                                                
CHAIR KITO asked how the  program would be funded without current                                                               
licensees.                                                                                                                      
                                                                                                                                
SARA CHAMBERS, Director, Division  of Corporations, Business, and                                                               
Professional  Licensing,  Department  of Commerce,  Community,  &                                                               
Economic Development (DCCED), provided  comments and responded to                                                               
questions on HB 89.  She  explained the law requires the state to                                                               
recover those  costs.   She said  there is  a complex  method for                                                               
allocating funds.   She said  there is authority to  expend funds                                                               
within  the  division.   Those  costs  would  be paid  back  with                                                               
licensing fees.                                                                                                                 
                                                                                                                                
3:29:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH noted the proposed  bill calls for a passing                                                               
score of 75 percent average.  He asked whether that is typical.                                                                 
                                                                                                                                
MS.  CHAMBERS  answered  that  programs  differ.    She  added  a                                                               
statutory change would  be required if the  percentage was deemed                                                               
too high or too low.                                                                                                            
                                                                                                                                
3:30:45 PM                                                                                                                    
                                                                                                                                
CHAIR KITO opened public testimony on HB 89.                                                                                    
                                                                                                                                
3:30:54 PM                                                                                                                    
                                                                                                                                
ROBERT   MCCLUNG,    Chair,   Alaska   Society    of   Radiologic                                                               
Technologists,  testified in  support  of HB  89.   He  explained                                                               
currently only  eight states including  Alaska have  no licensing                                                               
for  radiography.   He  said there  are  697 certified  radiology                                                               
technicians in Alaska.  He  added the radiology profession is the                                                               
third largest  group of  certified professionals,  behind doctors                                                               
and  nurses.   He said  there  are a  number of  reasons for  the                                                               
legislation.    He  said  the  first is  safety.    An  untrained                                                               
individual may not  be aware of techniques  to protect themselves                                                               
and patient safety  is also affected.  He said  the second reason                                                               
is  quality.     The  purpose of  producing  x-ray  images is  to                                                               
provide  the best  quality  image for  a  healthcare provider  to                                                               
provide a  diagnosis.   He added  the certified  x-ray technician                                                               
understands the  reason for  the exam,  how pathology  can affect                                                               
the image, and  how to adjust the amount of  radiation to produce                                                               
the desired  image.  He  said over- or under-exposure  can affect                                                               
the  interpretation  of the  image.      He added  the  certified                                                               
technicians  in the  state have  passed an  exam and  must follow                                                               
continuing education.                                                                                                           
                                                                                                                                
3:34:49 PM                                                                                                                    
                                                                                                                                
RHONDA   MERRIHEW,   Member,   Alaska   Society   of   Radiologic                                                               
Technologists, testified  in support  of HB 89.   She  shared her                                                               
experience  in a  rural community.  She explained  the difference                                                               
between adult and  baby x-ray technique.  She  said she witnessed                                                               
a technique which resulted in  a baby getting more radiation than                                                               
necessary.   She said  the proposed bill  would help  provide the                                                               
training and ensure safety for the people of our state.                                                                         
                                                                                                                                
3:37:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH   asked  about   costs  of   licensing  and                                                               
registration.   He  noted the  fiscal  note (FN)  is around  $365                                                               
thousand which works  out to around $520 per licensee.   He asked                                                               
whether the cost is a concern.                                                                                                  
                                                                                                                                
MS. MERRIHEW deferred to Ms. Rufsholm.                                                                                          
                                                                                                                                
MS. RUFSHOLM stated  the society had not been  presented the most                                                               
recent FN.   She said the  FN they have  is from 2007 and  it did                                                               
not  show such  a high  figure.   She  added there  had not  been                                                               
discussion on  the impact on the  members.  She said  she assumed                                                               
the licensure  fees would be paid  every two years and  asked for                                                               
confirmation.                                                                                                                   
                                                                                                                                
REPRESENTATIVE BIRCH said he think it  comes out to a little over                                                               
$500 per person per year.                                                                                                       
                                                                                                                                
MS. RUFSHOLM said  the figure was new  to her and it  has not yet                                                               
been discussed.  She emphasized  the members knew licensure would                                                               
have a cost and  were prepared for it, but the  new FN would have                                                               
to be presented to the society.                                                                                                 
                                                                                                                                
3:42:15 PM                                                                                                                    
                                                                                                                                
CLAUDIA   TESSIER,   Member,   Alaska   Society   of   Radiologic                                                               
Technologists, testified  in support  of HB 89.   She  shared her                                                               
personal experience as a victim  of untrained radiologists.   She                                                               
said it made her become a radiology technician.                                                                                 
                                                                                                                                
3:44:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH asked where the incident occurred.                                                                         
                                                                                                                                
MS. TESSIER answered it had occurred  in South Dakota.  She added                                                               
that technicians are now registered in that state.                                                                              
                                                                                                                                
3:44:36 PM                                                                                                                    
                                                                                                                                
CHAIR KITO said he would leave public testimony open on HB 89.                                                                  
                                                                                                                                
3:44:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES stated  her support for HB 89.   She shared                                                               
her experience in  Kodiak, Alaska.  She said CT  scans in Kodiak,                                                               
Alaska, cost about 25 percent higher than in Anchorage, Alaska.                                                                 
                                                                                                                                
3:46:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL shared  his personal  background working  in                                                               
hospitals.   He  remarked the  people he  worked with  had to  be                                                               
certified.                                                                                                                      
                                                                                                                                
3:48:00 PM                                                                                                                    
                                                                                                                                
CHAIR KITO held over HB 89.                                                                                                     
                                                                                                                                

Document Name Date/Time Subjects
HB089 Supporting Document-Fact Sheet Biological Effects of Radiation 1.26.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 89
HB089 ver J 1.26.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 89
HB089 Supporting Document-Legislative Research Report 1.26.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 89
HB089 Letter - Board of Chiropractic Examiners 1.26.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 89
HB089 Sponsor Statement 1.26.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 89
HB264 ver O 2.23.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 264
HB264 Supporting Document - News Articles.pdf HL&C 3/10/2018 3:00:00 PM
HB 264
HB089 ver J Sectional Analysis 1.26.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 89
HB264 Sponsor Statement 2.23.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 264
HB264 Fiscal Note DOR TAX 1.28.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 264
HB264 Opposition Letters 3.10.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 264
HB089 Fiscal Note DCCED CBPL 3.2.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 89
HB264 HLAC Presentation.pdf HL&C 3/10/2018 3:00:00 PM
HB 264
HB264 Sectional Analysis 2.23.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 264
HB264 Summary of changes from ver J to O.PDF HL&C 3/10/2018 3:00:00 PM
HB 264
HB089 Opposition Letters 3.9.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 89
HB089 Support Letters 1.26.18.pdf HL&C 3/10/2018 3:00:00 PM
HB 89