Legislature(2007 - 2008)BUTROVICH 205

05/02/2007 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 113 OPTOMETRISTS' USE OF PHARMACEUTICALS TELECONFERENCED
Heard & Held
+ HB 215 TASK FORCE RE: COUNCIL ON DOM. VIOL. TELECONFERENCED
Moved CSHB 215(HES) Out of Committee
       CSHB 113(HES)-OPTOMETRISTS' USE OF PHARMACEUTICALS                                                                   
                                                                                                                                
1:39:42 PM                                                                                                                    
CHAIR  BETTYE  DAVIS  announced  CSHB   113(HES)  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE SAMUELS,  sponsor of  HB 113,  said that  the bill                                                               
will  allow   optometrists  to  prescribe  oral   medications  to                                                               
patients;  their prescriptive  powers  are  currently limited  to                                                               
topical medications. Because  of the remoteness of  many parts of                                                               
Alaska, better  access to health  care needs to be  provided. The                                                               
bill  is trying  to open  access  to care  in an  area with  wide                                                               
geographical dispersion and  high costs. The rest  of the country                                                               
has implemented such  bills safely, and Alaska should  be able to                                                               
do so as well.                                                                                                                  
                                                                                                                                
1:42:03 PM                                                                                                                    
                                                                                                                                
DR.   MIKE   BENNETT,   president  of   the   Alaska   Optometric                                                               
Association, said  that the association supports  the bill, while                                                               
understanding that  here may  need to  be an  amendment regarding                                                               
injectable drugs.  The bill will increase  access to high-quality                                                               
health care for Alaskans.                                                                                                       
                                                                                                                                
He added  that the  chair of  the Optometry  Board of  Alaska was                                                               
present and could answer questions.                                                                                             
                                                                                                                                
1:43:45 PM                                                                                                                    
                                                                                                                                
SENATOR COWDERY  asked for an explanation  of additional required                                                               
training.                                                                                                                       
                                                                                                                                
DR.  BENNETT  replied that  everything  covered  in the  bill  is                                                               
included in  current optometric  education and  has been  for the                                                               
last 25 years;  in the state the privilege  hasn't been available                                                               
in the  past so a  requirement for refresher courses  wouldn't be                                                               
out of line.                                                                                                                    
                                                                                                                                
SENATOR  COWDERY asked  if  the bill  would  require any  special                                                               
training beyond what optometrists usually receive.                                                                              
                                                                                                                                
DR.  BENNETT  said that  the  bill  does provide  for  additional                                                               
training regarding injectable drugs and oral medications.                                                                       
                                                                                                                                
CHAIR  DAVIS  remarked that  the  committee  substitute would  be                                                               
addressed after public testimony.                                                                                               
                                                                                                                                
1:45:28 PM                                                                                                                    
                                                                                                                                
SENATOR THOMAS  asked if the  suggested changes in the  bill have                                                               
been discussed with those in opposition of the bill.                                                                            
                                                                                                                                
DR.  BENNETT  replied  that  they   haven't  worked  directly  in                                                               
conjunction.                                                                                                                    
                                                                                                                                
SENATOR  THOMAS  said  that  there   is  reference  to  injection                                                               
training courses  in the bill, asked  if it was in  the committee                                                               
substitute, and  asked for comment;  he opined that  a seven-hour                                                               
course may not be sufficient.                                                                                                   
                                                                                                                                
1:47:12 PM                                                                                                                    
                                                                                                                                
DR. BENNETT replied that the  injectables referred to in the bill                                                               
wouldn't  necessary entail  a whole  new way  of application.  He                                                               
clarified that  there is  specific prohibition  against injection                                                               
into the eyeball.                                                                                                               
                                                                                                                                
1:48:19 PM                                                                                                                    
                                                                                                                                
BOB  LOSHER, representing  himself, related  his work  and health                                                               
history, and said  that he opposes the  committee substitute. Eye                                                               
health  is important  to  bodily  health and  people  need to  be                                                               
qualified to work  with eyes. The expansion promoted  in the bill                                                               
isn't in the best interest  of public health and safety. Training                                                               
of optometrists  isn't as intensive as  that of ophthalmologists,                                                               
who  take other  health matters  into account;  people should  be                                                               
careful  to have  comprehensively trained  health providers,  and                                                               
eye  medications can  be  very powerful.  He  concluded that  the                                                               
argument seems to be between  two professional organizations, and                                                               
very  few  lay-people  are  coming  forward  to  speak  out;  the                                                               
legislature needs  to view the  matter as one of  public interest                                                               
and  ensure  that  quality  medical  services  are  available  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
1:55:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMAS, co-sponsor  of the HB 113,  said that it's                                                               
a  necessary  tool  for rural  communities;  it's  expensive  for                                                               
people to  fly to bigger  cities to see ophthalmologists  when an                                                               
optometrist  is   already  there   and  could   prescribe  needed                                                               
medication.  There are  only 20  ophthalmologists  in Alaska  and                                                               
they don't  serve many  of the  state's smaller  communities. The                                                               
bill is very important and much-needed.                                                                                         
                                                                                                                                
1:57:54 PM                                                                                                                    
                                                                                                                                
CHAIR DAVIS  commented that she doesn't  see the bill as  being a                                                               
fight between  two professional factions; people  from both sides                                                               
work well together.                                                                                                             
                                                                                                                                
1:58:50 PM                                                                                                                    
                                                                                                                                
CARL  ROSEN, representing  himself,  said that  there's a  reason                                                               
it's difficult  to get admission  to medical school; the  bar for                                                               
medical  training  is  high  so  that people  can  get  the  best                                                               
possible  care. He  described  his work  history,  and said  that                                                               
there are 40  ophthalmologists in the state, many  of whom travel                                                               
to  rural  communities. There  has  been  no public  outcry  from                                                               
people   who  may   have  suffered   because  of   the  lack   of                                                               
ophthalmologists.  Telemedicine is  helpful  for treating  people                                                               
living in rural areas, and the technology will only get better.                                                                 
                                                                                                                                
He  explained  that  the  bill expands  the  scope  of  treatment                                                               
dramatically; the  bill would give  Alaska the most  liberal laws                                                               
in the  country, which would  give optometrists more  powers than                                                               
ophthalmologists.  A  seven-hour  course is  not  sufficient  for                                                               
learning  how to  inject drugs.  People should  get high  quality                                                               
health  treatment no  matter where  they are;  if an  optometrist                                                               
needs to give out a medication,  there should be more policing by                                                               
trainers  and  boards. Letting  the  optometric  board decide  on                                                               
policy is not acceptable; a committee should be set up.                                                                         
                                                                                                                                
2:07:33 PM                                                                                                                    
                                                                                                                                
CHAIR  DAVIS said  that there  has already  been opportunity  for                                                               
comment and  suggestions on  the bills, and  she hoped  Mr. Rosen                                                               
would be willing to work on it.                                                                                                 
                                                                                                                                
2:08:09 PM                                                                                                                    
                                                                                                                                
CINDY   BRADFORD,    representing   the   American    Family   of                                                               
Ophthalmology,  said  that  she  is  in  opposition  to  HB  113.                                                               
Allowing  the application  of drugs  to other  parts of  the body                                                               
besides the eye is dangerous;  she voiced her uncertainties about                                                               
the language of the bill  as regards injections. Medication given                                                               
in  the eye  has an  effect  on the  entire body  and could  have                                                               
negative ramifications. She gave  examples of inherent medication                                                               
risks,  and  said  that  optometrists   do  not  have  sufficient                                                               
training  or  experience for  the  powers  granted by  the  bill;                                                               
patients deserve  quality medical  care. Rural or  urban patients                                                               
requiring more  intensive treatment than topical  drugs should be                                                               
treated  by a  doctor. Diagnosis  and treatment  of eye  diseases                                                               
could   be  delayed   by  initial   improper   treatment  by   an                                                               
optometrist.                                                                                                                    
                                                                                                                                
2:13:53 PM                                                                                                                    
                                                                                                                                
JILL  MATHESON,  chair  of  the  Alaska  Board  of  Examiners  in                                                               
Optometry, clarified that  the board does know its  job, which is                                                               
to  protect the  public; it  holds public  meeting just  like any                                                               
other  board and  operates  under  the same  rules  as the  state                                                               
medical   board.   Optometrist   are   not   trying   to   become                                                               
ophthalmologists,  and  the  bill prohibits  them  from  treating                                                               
cardiac or other issues; the  medications they would be using are                                                               
only for treating eye issues.                                                                                                   
                                                                                                                                
She said that  to get an optometry license in  the state, there's                                                               
a licensing  process after eight  years of higher  education; the                                                               
additional education  written in  the bill would  be specifically                                                               
for  oral  medications.  The   seven-hour  class  isn't  hands-on                                                               
training;   such  training   is  already   covered  in   standard                                                               
optometric training.                                                                                                            
                                                                                                                                
She  explained  the  classes  that   would  be  required  by  the                                                               
legislation, which have  been used by other states  with the same                                                               
laws.                                                                                                                           
                                                                                                                                
2:17:04 PM                                                                                                                    
                                                                                                                                
ERIC COLTER, representing himself, said  that he opposes the bill                                                               
but is  open to changing the  scope. There hasn't been  an outcry                                                               
about lack of eye care;  it's important to know that optometrists                                                               
can already  prescribe a variety  of medications, and  there's no                                                               
lack of  care in Alaska  that warrants such expanded  powers. The                                                               
bill represents  a paradigm  shift, and  presents dangers  to the                                                               
public. To  vote for the bill  is to go against  the reasoning of                                                               
the state  medical board, and  might lead to  inappropriate care.                                                               
The bill  is too  loosely structured;  it would  allow injections                                                               
that are not  related to optometry. It doesn't  reflect an effort                                                               
at  community improvement  but  rather  reveals special  interest                                                               
policy.                                                                                                                         
                                                                                                                                
2:23:23 PM                                                                                                                    
                                                                                                                                
CHAIR DAVIS commented  that it's not too late  for suggestions to                                                               
be made on the bill, and asked if Mr. Colter had read the bill.                                                                 
                                                                                                                                
MR. COLTER replied that he had read what was available online.                                                                  
                                                                                                                                
CHAIR DAVIS said that she could provide him with the bill.                                                                      
                                                                                                                                
MR. COLTER replied  that he has read it online,  and repeated his                                                               
opposition to the bill; it's  possible that some compromise could                                                               
be reached.                                                                                                                     
                                                                                                                                
CHAIR  DAVIS  said that  it's  the  responsibility of  the  state                                                               
boards to keep  up with the progress of the  bill, and nobody had                                                               
come forward up to that point.                                                                                                  
                                                                                                                                
MR. COLTER replied that he doesn't represent the board.                                                                         
                                                                                                                                
2:25:50 PM                                                                                                                    
                                                                                                                                
PETER CAVANAUGH,  representing himself, related his  work history                                                               
in ophthalmology,  and said  that he rarely  has occasion  to use                                                               
the medicines covered in the bill  and in fact let his license to                                                               
do so  lapse because he used  them so rarely. If  he can practice                                                               
without doing so, optometrists should be able to do so as well.                                                                 
                                                                                                                                
2:29:01 PM                                                                                                                    
                                                                                                                                
CHAIR DAVIS commented that  optometrists have extensive training,                                                               
and said she  hoped Mr. Cavanaugh would help work  to improve the                                                               
bill.                                                                                                                           
                                                                                                                                
MR. CAVANAUGH said  that optometrists don't want  to be regulated                                                               
by a medical board, but by laypeople.                                                                                           
                                                                                                                                
CHAIR DAVIS  replied that the  medical board was  uninterested in                                                               
having optometrists under their jurisdiction.                                                                                   
                                                                                                                                
MR. CAVANAUGH replied that that was not true.  He repeated his                                                                  
opinion that optometrists do not wish to be regulated by the                                                                    
medical profession.                                                                                                             
                                                                                                                                
CHAIR DAVIS held HB 113 for further work and, seeing no further                                                                 
business to come before the committee, adjourned the meeting at                                                                 
2:31:35 PM.                                                                                                                   
                                                                                                                                

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