Legislature(2005 - 2006)CAPITOL 17

04/19/2006 03:15 PM LABOR & COMMERCE


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04:12:13 PM Start
04:12:41 PM HB350
04:49:12 PM SB177
05:03:17 PM Confirmations || Board of Chiropractic Examiners || Board of Pharmacy || Board of Psychologist and Psychological Associate Examiners || Board of Barbers and Hairdressers || Board of Examiners in Optometry || State Physical Therapy and Occupational Therapy Board || Board of Professional Counselors || Board of Social Work Examiners || Workers’ Compensation Appeals Commission || Alaska Workers’ Compensation Board
05:05:27 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
Board of Chiropractic Examiners; Board of
Pharmacy; Board of Psychologists and
Psychological Associate Examiners; Board
of Barbers and Hairdressers; Board of
Examiners in Optometry; State Physical
Therapy and Occupational Therapy Board;
Board of Professional Counselors; Board
of Social Work Examiners; Workers'
Compensation Appeals Commission; Alaska
Workers' Compensation Board
+ SB 177 PRACTICE OF PSYCHOLOGY TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 350 UNFAIR CLAIM SETTLEMENT PRACTICES TELECONFERENCED
Moved Out of Committee
SB 177-PRACTICE OF PSYCHOLOGY                                                                                                 
                                                                                                                                
CHAIR ANDERSON  announced that the  next order of  business would                                                               
be  CS FOR  SENATE BILL  NO.  177(HES), "An  Act eliminating  the                                                               
prohibition  on  the use  by  certain  licensed professionals  of                                                               
titles  or descriptions  of services  that incorporate  the terms                                                               
'psychoanalysis,'        'psychoanalyst,'        'psychotherapy,'                                                               
'psychotherapeutic,' or 'psychotherapist.'"                                                                                     
                                                                                                                                
4:49:12 PM                                                                                                                    
                                                                                                                                
JASON  HOOLEY,  Staff  to  Senator  Fred  Dyson,  Senate  Health,                                                               
Education  and  Social   Services  Standing  Committee,  sponsor,                                                               
explained  that AS  08.86.180 prohibits  all professionals,  with                                                               
the  exception  of  licensed psychologists  and  clinical  social                                                               
workers, from using terms  such as "psychology," "psychological,"                                                               
"psychologist," and  "psychoanalysis" to describe  their services                                                               
or titles.   He said that  this statute was written  prior to the                                                               
licensure  of  professional  counselors (LPCs)  and  marital  and                                                               
family therapists  (LMFTs), and  clinical social  workers' (CSWs)                                                               
who also receive the training  required to provide these types of                                                               
psychological  services.   He  stated  that  SB 177  updates  the                                                               
aforementioned  statute to  allow LMFTs,  LPCs, and  CSWs to  use                                                               
these terms.  He noted that the  bill has a zero fiscal note.  In                                                               
addition, he  said, the language of  the bill was agreed  upon by                                                               
several  professional groups.    These groups  are:   The  Alaska                                                               
Board   of   Licensed   Professional   Counselors;   The   Alaska                                                               
Psychological Association; The Alaska  Board of Psychologists and                                                               
Psychological  Associate Examiners;  The  Alaska  Chapter of  the                                                               
National  Association of  Social  Workers'; The  Alaska Board  of                                                               
Marital and  Family Therapists;  and The  Alaska Board  of Social                                                               
Work Examiners.                                                                                                                 
                                                                                                                                
4:51:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  inquired as to situations  in which an                                                               
individual  who is  not trained  in the  appropriate area  offers                                                               
[psychology  or psychoanalysis,  etc.] and  the client  then sues                                                               
the board.                                                                                                                      
                                                                                                                                
MR. HOOLEY  stated his belief  that all of the  professionals who                                                               
are affected  by the bill  are licensed and currently  have board                                                               
standards and  enforcement.  He  said that, to his  knowledge, SB
177 does  not change this, and  added that he would  follow up on                                                               
this question.                                                                                                                  
                                                                                                                                
4:53:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN, in regard to  titles, asked if LMFT includes                                                               
psychoanalysis.                                                                                                                 
                                                                                                                                
MR. HOOLEY replied  that LMFTs would be allowed  to advertise and                                                               
bill  for  psychoanalysis, psychotherapy,  or  any  of the  other                                                               
terms listed.                                                                                                                   
                                                                                                                                
4:53:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked if  an  LMFT  receives training  in                                                               
psychoanalysis or  psychotherapy.  She said  that she understands                                                               
psychoanalysis  to   be  a  "discreet  area   of  practice,"  and                                                               
expressed  concern  with  the  level  of  education  expected  or                                                               
required.                                                                                                                       
                                                                                                                                
4:54:42 PM                                                                                                                    
                                                                                                                                
MR. HOOLEY replied that boards  were created to protect consumers                                                               
from this  concern.  He  said that there are  strict requirements                                                               
for training, including a college degree and apprenticeship.                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked for  clarification that an internship                                                               
in psychoanalysis is required to be a CSW.                                                                                      
                                                                                                                                
4:55:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD noted  a  conflict of  interest, as  his                                                               
wife is a licensed  CSW.  He explained that to  be a CSW requires                                                               
a masters degree,  along with a [three-year]  apprenticeship.  He                                                               
stated that a  social worker with a [bachelors  degree] would not                                                               
be a licensed CSW.                                                                                                              
                                                                                                                                
REPRESENTATIVE  CRAWFORD,  in   response  to  further  questions,                                                               
clarified that  in order to use  the terms included in  the bill,                                                               
an individual  would have to  fulfill the  education requirements                                                               
of  a licensed  CSW.   He said  that he  does not  know what  the                                                               
educational  requirements  are for  a  LMFT.   He  surmised  that                                                               
"psychotherapy" is  a term currently  used; however he  said that                                                               
the term "psychoanalysis" is new.   He said that he would like to                                                               
have an expert in the field explain this.                                                                                       
                                                                                                                                
4:57:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  inquired as  to  the  difference between  a                                                               
psychologist and psychiatrist.                                                                                                  
                                                                                                                                
MR. HOOLEY  replied that  the terms  are not  titles, they  are a                                                               
description  of techniques.   He  said  that the  bill would  not                                                               
allow individuals to practice who  were previously unable, as the                                                               
same licensure requirements apply.                                                                                              
                                                                                                                                
4:58:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN remarked  that if  a  person were  to see  a                                                               
professional   counselor,  he/she   would   not   expect  to   be                                                               
"psychoanalyzed," and opined that there is a "big difference."                                                                  
                                                                                                                                
REPRESENTATIVE    LEDOUX   offered    her   understanding    that                                                               
"psychoanalyst" is  a person  who does  psychoanalysis, therefore                                                               
it is a title.                                                                                                                  
                                                                                                                                
MR.  HOOLEY agreed,  adding that  in general,  a practitioner  is                                                               
known by his or  her title.  He said that SB  298 would allow the                                                               
use of certain terms that  would enable the practitioner to offer                                                               
certain techniques.                                                                                                             
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if,  under the bill,  a practitioner                                                               
would be able to advertise as a "psychoanalyst."                                                                                
                                                                                                                                
CHAIR ANDERSON clarified  with an example of a  social worker who                                                               
advertises  "psychoanalyst services."   He  opined that  a person                                                               
may think that  this is a psychologist or  a psychiatrist, adding                                                               
that a person may decide to  utilize the services, although he or                                                               
she  may not  know what  these  terms mean.   After  a number  of                                                               
months, he said,  the client may discover  that the "psychologist                                                               
or psychiatrist" is  actually a social worker, which  is not what                                                               
the client wanted.                                                                                                              
                                                                                                                                
5:01:10 PM                                                                                                                    
                                                                                                                                
MR.  HOOLEY replied  that he  understands the  question and  will                                                               
have an expert address this issue [at the next bill hearing].                                                                   
                                                                                                                                
CHAIR ANDERSON  noted that SB  177 was introduced by  the request                                                               
of the industry.                                                                                                                
                                                                                                                                
REPRESENTATIVE GUTTENBERG  related a  personal experience  with a                                                               
social  worker  that  was unsatisfactory,  and  opined  that  the                                                               
members may need to "get comfortable" with the terms.                                                                           
                                                                                                                                
CHAIR ANDERSON added that there  is a counselor/client privilege,                                                               
and asked if this also applies to social workers.                                                                               
                                                                                                                                
5:02:36 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON noted that there  are many questions, therefore SB
177 would be held over until  the next committee hearing to allow                                                               
members of the industry to testify.                                                                                             
                                                                                                                                
5:02:58 PM                                                                                                                    
                                                                                                                                
[SB 177 was held over.]                                                                                                         

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