Legislature(2019 - 2020)SENATE FINANCE 532

02/24/2020 09:00 AM Senate FINANCE

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Audio Topic
09:01:05 AM Start
09:02:22 AM SB47
09:47:40 AM Confirmation of Governor's Appointees:
10:28:49 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation of Governor's Appointees: TELECONFERENCED
University of Alaska Board of Regents
- Cachet Garrett
Alaska Mental Health Trust Authority Board of
Trustees
- Anita Halterman
- Rhonda Boyles
+ SB 47 PHYSICAL/OCCUPATIONAL THERAPY BD/PRACTICE TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 47                                                                                                            
                                                                                                                                
     "An  Act relating  to the  State  Physical Therapy  and                                                                    
     Occupational  Therapy Board;  relating to  the practice                                                                    
     of physical  therapy; and relating  to the  practice of                                                                    
     occupational therapy."                                                                                                     
                                                                                                                                
9:04:41 AM                                                                                                                    
                                                                                                                                
JANE  CONWAY,  STAFF,   SENATOR  CATHY  GIESSEL,  introduced                                                                    
herself.                                                                                                                        
                                                                                                                                
9:05:36 AM                                                                                                                    
                                                                                                                                
SENATOR CATHY GIESSEL,  SPONSOR, introduced the legislation.                                                                    
She shared some background of the legislation.                                                                                  
                                                                                                                                
9:11:46 AM                                                                                                                    
                                                                                                                                
ALEC  KAY,  ALASKA  AMERICAN PHYSICAL  THERAPY  ASSOCIATION,                                                                    
JUNEAU, introduced himself.                                                                                                     
                                                                                                                                
SCOTTY   ORR,  ALASKA   OCCUPATIONAL  THERAPY   ASSOCIATION,                                                                    
JUNEAU, introduced himself.                                                                                                     
                                                                                                                                
9:12:28 AM                                                                                                                    
                                                                                                                                
Mr. Kay  stated that was  in support of the  legislation. He                                                                    
stated  that his  association represented  approximately 500                                                                    
out of  approximately 1200 licensed physical  therapists and                                                                    
physical therapist  assistants in Alaska. He  noted that the                                                                    
education was  currently a  three-year graduate  degree that                                                                    
resulted in a clinical doctor of physical therapy degree.                                                                       
                                                                                                                                
9:15:47 AM                                                                                                                    
                                                                                                                                
Senator  Olson wondered  whether  physical therapists  could                                                                    
order lab tests.                                                                                                                
                                                                                                                                
Mr.  Kay responded  that they  did not  order lab  test, but                                                                    
they referred to other providers.                                                                                               
                                                                                                                                
Senator Olson  wondered whether there was  opposition to the                                                                    
desire of the chiropractors to  be grandfathered in if their                                                                    
scope of practice included some of the parameters.                                                                              
                                                                                                                                
Mr. Kay replied that he was not opposed to that idea.                                                                           
                                                                                                                                
Senator  Olson  stressed  that   it  was  a  misdemeanor  to                                                                    
misrepresent yourself,  so there  were some red  flags about                                                                    
the language of the bill.                                                                                                       
                                                                                                                                
Mr. Orr testified  in support of the  legislation. He echoed                                                                    
the comments from Mr. Kay.                                                                                                      
                                                                                                                                
9:20:02 AM                                                                                                                    
                                                                                                                                
SARA CHAMBERS, DIRECTOR,  DIVISION OF CORPORATIONS, BUSINESS                                                                    
AND   PROFESSIONAL   LICENSING,  DEPARTMENT   OF   COMMERCE,                                                                    
COMMUNITY AND ECONOMIC DEVELOPMENT, introduced herself.                                                                         
                                                                                                                                
Senator Wielechowski queried  the number of foreign-educated                                                                    
applicants.                                                                                                                     
                                                                                                                                
Ms. Chambers agreed to provide that information.                                                                                
                                                                                                                                
Co-Chair Stedman queried any issues with the bill.                                                                              
                                                                                                                                
Ms.  Chambers responded  that the  department  had no  issue                                                                    
with the bill.                                                                                                                  
                                                                                                                                
Senator  Olson   wondered  whether  the  Board   could  take                                                                    
disciplinary  action against  a  licensee,  and queried  the                                                                    
exact number in the last five years.                                                                                            
                                                                                                                                
Ms.   Chambers   replied   that    there   were   very   few                                                                    
investigations of physical or occupational therapists.                                                                          
                                                                                                                                
                                                                                                                                
Senator  Olson  wondered  whether  it  was  less  than  five                                                                    
investigations.                                                                                                                 
                                                                                                                                
Ms. Chambers stated  that it was more than  five, but agreed                                                                    
to provide further information.                                                                                                 
                                                                                                                                
9:22:16 AM                                                                                                                    
                                                                                                                                
DR. DANIEL HOLT, CHIROPRACTOR,  JUNEAU, testified in support                                                                    
of the legislation.                                                                                                             
                                                                                                                                
9:26:13 AM                                                                                                                    
                                                                                                                                
LEEANNE  CARROTHERS,  ALASKA PHYSICAL  THERAPY  ASSOCIATION,                                                                    
ANCHORAGE  (via teleconference),  spoke  in  support of  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
9:28:34 AM                                                                                                                    
                                                                                                                                
KEITH   POORBAUGH,  BOARD   OF  PHYSICAL   AND  OCCUPATIONAL                                                                    
THERAPY, WASILLA (via  teleconference), testified in support                                                                    
of the bill.                                                                                                                    
                                                                                                                                
Senator  Olson  queried  the  position  on  the  removal  of                                                                    
penalty.                                                                                                                        
                                                                                                                                
Mr. Poorbaugh  replied that  he did not  see a  problem with                                                                    
the removal of the penalty.                                                                                                     
                                                                                                                                
9:32:46 AM                                                                                                                    
                                                                                                                                
SHERI  RYAN, CHIEF  OPERATING  OFFICER, ALASKA  CHIROPRACTIC                                                                    
SOCIETY,  ANCHORAGE (via  teleconference), expressed  slight                                                                    
concern about the language in the bill.                                                                                         
                                                                                                                                
Senator  Wielechowski wondered  how many  chiropractors hold                                                                    
themselves to be physiotherapists.                                                                                              
                                                                                                                                
Ms. Ryan replied that it was  not the title, it was where it                                                                    
would lead to the term usage.                                                                                                   
                                                                                                                                
9:35:56 AM                                                                                                                    
                                                                                                                                
BRIAN  LARSON,  CHAIR,   BOARD  OF  CHIROPRACTIC  EXAMINERS,                                                                    
SOLDOTNA (via  teleconference), expressed concern  about the                                                                    
bill's language. He echoed the comments of Ms. Ryan.                                                                            
                                                                                                                                
9:40:53 AM                                                                                                                    
                                                                                                                                
Senator Olson wondered what other  states were doing related                                                                    
to the language.                                                                                                                
                                                                                                                                
Dr. Larson  felt that the  term was often "left  alone", and                                                                    
there was a "terf war."                                                                                                         
                                                                                                                                
Co-Chair Stedman CLOSED public testimony.                                                                                       
                                                                                                                                
Co-Chair Stedman queried any closing comments.                                                                                  
                                                                                                                                
Senator  Giessel   remarked  that  there  was   a  potential                                                                    
amendment that  could be made  to address the  concern about                                                                    
the word, "physiotherapy."                                                                                                      
                                                                                                                                
9:45:15 AM                                                                                                                    
                                                                                                                                
Senator Olson  wondered whether  the chiropractors  would be                                                                    
able to continue the work in their scope of practice.                                                                           
                                                                                                                                
Senator Giessel replied in the affirmative.                                                                                     
                                                                                                                                
SB  47  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
9:46:03 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:47:01 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
^CONFIRMATION OF GOVERNOR'S APPOINTEES:                                                                                       
                                                                                                                                
     UNIVERSITY OF ALASKA BOARD OF REGENTS: CACHET GARRETT                                                                    
                                                                                                                                
     ALASKA MENTAL HEALTH TRUST AUTHORITY (AMHTA) BOARD OF                                                                    
     REGENTS: ANITA HALTERMAN                                                                                                 
                                                                                                                                
     ALASKA MENTAL HEALTH TRUST AUTHORITY (AMHTA) BOARD OF                                                                    
     REGENTS: RHONDA BOYLES                                                                                                   
                                                                                                                                
9:47:40 AM                                                                                                                    
                                                                                                                                
CACHET  GARRETT, APPOINTEE,  UNIVERSITY OF  ALASKA BOARD  OF                                                                    
REGENTS,  FAIRBANKS (via  teleconference),  stated that  she                                                                    
was the student representative of  the Board of Regents. She                                                                    
wondered whether she could do a land acknowledgement.                                                                           
                                                                                                                                
Co-Chair Stedman stated that he could not hear her request.                                                                     
                                                                                                                                
Ms. Garrett stated that she  would like to offer her opening                                                                    
statement, which began with a land acknowledgement.                                                                             
                                                                                                                                
                                                                                                                                
Senator  Wilson stated  that she  wanted to  acknowledge the                                                                    
ancestral lands from which she is giving her testimony.                                                                         
                                                                                                                                
Co-Chair Stedman asked her to continue.                                                                                         
                                                                                                                                
Ms.  Garrett acknowledged  the ancestral  land that  she was                                                                    
calling  from  in  Fairbanks. She  expressed  gratitude  for                                                                    
working for the students.                                                                                                       
                                                                                                                                
Co-Chair Stedman  stressed that  he wanted  to know  why the                                                                    
committee should  support the reappointment to  the Board of                                                                    
Regents.                                                                                                                        
                                                                                                                                
Ms. Garrett  explained that she attended  college outside of                                                                    
Alaska, but  then determined  that she wanted  to go  to the                                                                    
University of Alaska Southeast where  she acquired her four-                                                                    
year degree in 2008  having studied Human Communication. She                                                                    
then  decided to  become a  massage  therapist. She  further                                                                    
stated that she  then decided to pursue  her graduate degree                                                                    
at  the  University of  Alaska  Fairbanks.  She was  in  her                                                                    
fourth  semester and  determined that  she would  attend the                                                                    
school  for four  years  total. She  remarked  that she  was                                                                    
self-funding her education and  had multiple areas of study.                                                                    
She stated that  her work history was always in  the area of                                                                    
wellness and health promotion.                                                                                                  
                                                                                                                                
9:55:32 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman wondered why Ms.  Cachet wanted to serve on                                                                    
the  Board of  Regents. He  queried her  perspective on  the                                                                    
direction  of the  University  and how  it  should face  the                                                                    
budgetary constraints.                                                                                                          
                                                                                                                                
Ms.  Garrett  replied  that  she   was  a  highly  qualified                                                                    
candidate   for   the   position.  She   represented   three                                                                    
communities  in   Alaska  and  understood  the   state.  She                                                                    
remarked that serving  on the Board had been  a highlight as                                                                    
a  student  leader  in  the  state. She  felt  that  it  was                                                                    
training her  for state leadership,  which she felt  was her                                                                    
calling.  She assured  the committee  that the  direction of                                                                    
the  university was  going forward.  She understood  that it                                                                    
was a challenging time for  the university, and felt that it                                                                    
was critical  that there  was a  focus on  the needs  of the                                                                    
university. She  used a caterpillar  analogy. She  felt that                                                                    
the university was going through a metamorphosis.                                                                               
                                                                                                                                
Senator Wilson  wondered whether the position  was a student                                                                    
Board position.                                                                                                                 
                                                                                                                                
Ms. Garrett replied in the  affirmative. She stated that she                                                                    
was currently serving the two-year term.                                                                                        
                                                                                                                                
Senator Wilson  asked when Ms.  Garrett planned  to complete                                                                    
her degree.                                                                                                                     
                                                                                                                                
Ms.  Garrett  replied  that  she  intended  to  graduate  in                                                                    
December 2021. She explained that  she was one-year into her                                                                    
two-year degree  when she  was nominated  to the  Board. She                                                                    
"restarted"  her graduate  degree at  that time  because the                                                                    
commitment for  the Board was  two years. She  remarked that                                                                    
other student members  of the Board would  graduate and move                                                                    
on, but her intention was to  serve to the highest level for                                                                    
the  two years.  She stated  that  intended to  have a  full                                                                    
summer and full semester to devote to her thesis.                                                                               
                                                                                                                                
Senator  Wilson  wondered  how  Ms.  Garrett's  ambition  to                                                                    
pursue state office  might interfere with her  duties on the                                                                    
Board of Regents.                                                                                                               
                                                                                                                                
Ms. Garrett  replied that  it would  not interfere  with her                                                                    
duties on the  Board of Regents. She stressed that  it was a                                                                    
separate issue.  She felt  that it  was a  future aspiration                                                                    
for her life.                                                                                                                   
                                                                                                                                
10:00:56 AM                                                                                                                   
                                                                                                                                
Senator  Wielechowski requested  a  Board  biography of  Ms.                                                                    
Garrett. He  wondered whether Ms. Garrett  met the statutory                                                                    
requirement  to take  nine credits,  be enrolled  full-time,                                                                    
and have a cumulative grade point average (GPA) of 2.5.                                                                         
                                                                                                                                
Ms. Garrett replied in the affirmative.                                                                                         
                                                                                                                                
Senator Wielechowski  noted that her biography  on the Board                                                                    
of Regents  website said that she  was studying Professional                                                                    
Communication.  He  also  remarked  that  she  conducted  an                                                                    
interview  where she  said  that she  was  working toward  a                                                                    
master's  degree in  Arctic and  Northern Studies.  He asked                                                                    
for clarification.                                                                                                              
                                                                                                                                
Ms. Garrett explained that she came  to UAF to be a teaching                                                                    
assistant  in the  Professional Communications  program, but                                                                    
felt that she had  already been communicating professionally                                                                    
in  her  advocacy  and  career. She  figured  out  that  the                                                                    
program  was not  for her.  She remarked  that communication                                                                    
was  a priority  in  her  life, so  she  would  always be  a                                                                    
scholar of  communication. She noted  that she was  one year                                                                    
into that  degree. She stated  that she intended  to compete                                                                    
that  degree as  well.  She explained  that  the Arctic  and                                                                    
Northern Studies  degree emerged in  her first year  at UAF,                                                                    
which she felt was more appropriate for her life.                                                                               
                                                                                                                                
Senator Wielechowski  wondered whether Ms. Garrett  had ever                                                                    
been  disciplined  or  asked  to  leave  the  Communications                                                                    
program.                                                                                                                        
                                                                                                                                
Ms. Garrett  responded that she  was not asked to  leave the                                                                    
Communications  program.  She  stressed  that  she  had  not                                                                    
formally  left the  Communications  program. She  considered                                                                    
herself an interdisciplinary student.                                                                                           
                                                                                                                                
Senator Wielechowski  wondered whether Ms. Garrett  had ever                                                                    
been disciplined at UAF.                                                                                                        
                                                                                                                                
Ms. Garrett replied  that she had not  been disciplined. She                                                                    
explained  that he  had been  let go  of her  position as  a                                                                    
teaching assistant. She  felt that the action  caused her to                                                                    
join  student   government.  She   felt  that   her  natural                                                                    
leadership capability  caused people  to not  understand her                                                                    
diligence in advocacy for what  she "believes is right." She                                                                    
shared  that  some  people  found   her  to  have  a  strong                                                                    
personality, and she made not apologies for herself.                                                                            
                                                                                                                                
Senator Wielechowski wondered whether  Ms. Garrett was asked                                                                    
to leave the Communications program.                                                                                            
                                                                                                                                
Ms. Garrett  stated that she  was a student enrolled  in the                                                                    
Communications department.  She explained  that she  was let                                                                    
go from  her teaching assistant position.  She preferred not                                                                    
to  have  the  specific  conversation  on  the  record.  She                                                                    
stressed  that she  was the  "best  teaching assistant  that                                                                    
ever walked  into that Communications department."  She felt                                                                    
that it was a disservice to  the students to not continue to                                                                    
be  in  that  position.  She stressed  that  she  positively                                                                    
impacted  the  lives of  her  students,  and those  students                                                                    
loved what  she had taught  them. She remarked that  she had                                                                    
taught  them  skills beyond  what  they  would have  learned                                                                    
otherwise. She stressed that it  was not a negative that she                                                                    
was  let  go,  because  she had  been  given  such  positive                                                                    
experiences.                                                                                                                    
                                                                                                                                
Senator Wielechowski  wondered who had asked  Ms. Garrett to                                                                    
leave the teaching assistant position.                                                                                          
                                                                                                                                
Ms. Garrett replied  that the Chair of  the department asked                                                                    
for  her   to  leave  the   position.  She  felt   that  the                                                                    
communication  was  never  invited   to  reach  a  place  of                                                                    
resolution. She stressed the importance of communication.                                                                       
                                                                                                                                
10:07:54 AM                                                                                                                   
                                                                                                                                
ANITA HALTERMAN,  APPOINTEE, ALASKA  MENTAL HEALTH  BOARD OF                                                                    
TRUSTEES,  EAGLE  RIVER   (via  teleconference),  introduced                                                                    
herself. She  stated that she  took a  role on the  Board in                                                                    
August  of 2019  and had  recently assumed  the role  on the                                                                    
Audit  and  Risk  Committee.   She  was  anxiously  awaiting                                                                    
confirmation.  She  felt that  the  role  afforded her  many                                                                    
opportunities  to contribute  to society.  She gave  a brief                                                                    
history of her resume. She noted  that she had served on the                                                                    
Legislature in the past. She  explained her personal history                                                                    
more extensively.                                                                                                               
                                                                                                                                
Co-Chair Stedman asked when she began serving on the Board.                                                                     
                                                                                                                                
Ms.  Halterman replied  that  she started  on  the Board  in                                                                    
August 2019.                                                                                                                    
                                                                                                                                
Co-Chair Stedman  wondered she  was familiar with  the audit                                                                    
concerning  some portfolio  holdings  of  the Mental  Health                                                                    
Trust.                                                                                                                          
                                                                                                                                
Ms.  Halterman  replied  in the  affirmative,  and  she  was                                                                    
currently reviewing and having discussions about the audit.                                                                     
                                                                                                                                
Co-Chair Stedman queried a position on the audit.                                                                               
                                                                                                                                
Ms.  Halterman  replied that  in  her  observation the  real                                                                    
estate investments  were successful, and the  Trust had made                                                                    
a  Permanent  Fund  whole  with   regard  to  the  financial                                                                    
investment  that should  have been  made in  compliance with                                                                    
state law. She  firmly believed that work needed  to be done                                                                    
to continue to follow the law.                                                                                                  
                                                                                                                                
Co-Chair Stedman  surmised that  she felt that  there should                                                                    
not be any acceleration of moving the real estate assets.                                                                       
                                                                                                                                
Ms. Halterman stated that it  was her understanding that the                                                                    
real  estate assets  were gaining  better return  than other                                                                    
investments.  She  felt  that,  for  now,  as  long  as  the                                                                    
financial holdings maintain their value,  she did not have a                                                                    
problem with maintaining those assets.                                                                                          
                                                                                                                                
10:14:52 AM                                                                                                                   
                                                                                                                                
RHONDA  BOYLES,   APPOINTEE,  ALASKA  MENTAL   HEALTH  TRUST                                                                    
AUTHORITY    BOARD     OF    TRUSTEES,     FAIRBANKS    (via                                                                    
teleconference), stated  that she did not  want to highlight                                                                    
the specifics  of her  resume. She  gave a  personal history                                                                    
that  led her  to her  position on  the Mental  Health Trust                                                                    
Authority.                                                                                                                      
                                                                                                                                
10:19:48 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman asked about the  audit on the Mental Health                                                                    
Trust.                                                                                                                          
                                                                                                                                
Ms. Boyles replied  that she knew about it.  She shared that                                                                    
she had been  given much information from  meetings with the                                                                    
legislature. She agreed  with most of the  Board, that there                                                                    
could be  investments continually.  She noted  that matching                                                                    
up private and  public sector may not result  in the initial                                                                    
intentions.                                                                                                                     
                                                                                                                                
Senator Bishop commented that her  letter included the value                                                                    
of land  and people,  and they must  be protected.  He hoped                                                                    
that it continued to be a guiding principle.                                                                                    
                                                                                                                                
Co-Chair  Stedman  noted   significant  concerns  about  the                                                                    
management of  the investment portfolio.  He noted  that the                                                                    
audit revealed significant concerns.                                                                                            
                                                                                                                                
Co-Chair Stedman  stressed that the upcoming  motion did not                                                                    
reflect  an  intent by  any  member  of the  Senate  Finance                                                                    
Committee to  vote for  or against  the confirmation  of the                                                                    
individuals during any further sessions.                                                                                        
                                                                                                                                
10:26:55 AM                                                                                                                   
                                                                                                                                
Senator   Bishop  FORWARDED   the  appointments   of  Cachet                                                                    
Garrett,   Anita   Halterman,    and   Rhonda   Boyles   for                                                                    
consideration in accordance with  Alaska Statute. He relayed                                                                    
that this  did not reflect  an intent  by any member  of the                                                                    
Senate  Finance  Committee  to   vote  for  or  against  the                                                                    
confirmation   of  the   individuals   during  any   further                                                                    
sessions.                                                                                                                       
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Co-Chair Stedman stated  that there would be  no meeting the                                                                    
following  day.  He stated  that  there  would be  a  Senate                                                                    
Finance  Committee meeting  on  the  upcoming Wednesday  and                                                                    
outlined the agenda for that meeting.                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
SB 47 Sponsor Statement 1.30.2020.pdf SFIN 2/24/2020 9:00:00 AM
SL&C 2/6/2020 1:30:00 PM
SB 47
SB 47 Supporting Document Current PT-OT Roster 1.31.2020.pdf SFIN 2/24/2020 9:00:00 AM
SL&C 2/6/2020 1:30:00 PM
SB 47
SB 47 Supporting Document Difference Between a PT and PTA.pdf SFIN 2/24/2020 9:00:00 AM
SB 47
SB 47 Supporting Document Principles of Practice 3.2015.pdf SFIN 2/24/2020 9:00:00 AM
SB 47
SB 47 Testimony Opposition State Bd of Chiropractic Examiners - Larson 2-11-2020.pdf SFIN 2/24/2020 9:00:00 AM
SB 47
SB 47 Testimony Support as of 2-21-2020.pdf SFIN 2/24/2020 9:00:00 AM
SB 47
SB47 Supporting Document PT-OT comparison KPoorbaugh.pdf SFIN 2/24/2020 9:00:00 AM
SB 47
SB 47(L&C) Explanation of Changes vsn M to S 2-21-2020.pdf SFIN 2/24/2020 9:00:00 AM
SB 47
SB 47 (L&C) vsn S Sectional Analysis 2-12-2020.pdf SFIN 2/24/2020 9:00:00 AM
SB 47
022420 AMHTA Board Resume Boyles.pdf SFIN 2/24/2020 9:00:00 AM
Confirmations 2020
022420 AMHTA Board Resume Halterman.pdf SFIN 2/24/2020 9:00:00 AM
Confirmations 2020
022420 UA Board of Regents Bio Garrett.pdf SFIN 2/24/2020 9:00:00 AM
Confirmations 2020
SB 47 Public Testimony Alaska Chiropractic Society.pdf SFIN 2/24/2020 9:00:00 AM
SB 47
SB 47 SFIN Follow-Up Information 2.26.20.pdf SFIN 2/24/2020 9:00:00 AM
SB 47