Legislature(2007 - 2008)BELTZ 211

01/22/2008 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 147 WORKERS' COMP EMPLOYER LIABILITY TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
Including But Not Limited to:
+= SB 120 UNEMPLOYMENT COMPENSATION BENEFITS TELECONFERENCED
Scheduled But Not Heard
+= SB 28 LIMIT OVERTIME FOR REGISTERED NURSES TELECONFERENCED
Moved CSSB 28(L&C) Out of Committee
+= SB 107 NATUROPATHS TELECONFERENCED
Heard & Held
                       SB 107-NATUROPATHS                                                                                   
                                                                                                                              
CHAIR ELLIS announced SB 107 to  be up for consideration. He said                                                               
the committee had proposed CSSB 107(L&C) 25-LS0702\E before it.                                                                 
                                                                                                                                
2:02:18 PM                                                                                                                    
DANA  OWEN,  staff  to  Senator  Ellis,  explained  that  SB  107                                                               
proposes  to  establish  a  structure   that  would  regulate  an                                                               
expanded  scope  of practice  for  naturopaths  in the  State  of                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR.  OWEN noted  that the  title of  the CS  had been  changed to                                                               
reflect some of  the changes. The first major change  was on page                                                               
3, line 12. He explained that  structure of the previous bill had                                                               
two bodies that  would regulate the practice  of naturopathy; one                                                               
would  be  a  formulary  commission and  the  other  an  advisory                                                               
committee.                                                                                                                      
                                                                                                                                
This CS proposes to combine those  two bodies into one called the                                                               
Alaska  Naturopathic  Council -  a  concern  of the  Division  of                                                               
Occupational  Licensing. The  membership would  consist of  three                                                               
naturopaths - one  from outside the third  judicial district, one                                                               
would be  a pharmacist and one  would be a public  member who may                                                               
be a  physician. This council  retains all the powers  and duties                                                               
ascribed to each of the bodies in the previous bill.                                                                            
                                                                                                                                
He noted  that regarding  the public  member, physicians  did not                                                               
want  to be  forced into  participating  in this  process over  a                                                               
concern for liability.                                                                                                          
                                                                                                                                
CHAIR ELLIS clarified  that it was part of the  CS, but it needed                                                               
to be fully discussed.                                                                                                          
                                                                                                                                
MR. OWEN said  Section 8 of the original bill  was deleted in the                                                               
CS; it amended  the duties of the State Medical  Board to include                                                               
appointing a member  of the Formulary Council,  which was dropped                                                               
in the  CS. Section 10  has transitional provisions  that reflect                                                               
the blending of the two bodies.                                                                                                 
                                                                                                                                
2:04:15 PM                                                                                                                    
SENATOR  BUNDE asked  if the  makeup of  the council  had changed                                                               
other than the medical doctor.                                                                                                  
                                                                                                                                
MR. OWEN  replied the numbers are  the same as had  been proposed                                                               
for  the Formulary  Council before;  the  advisory committee  had                                                               
three members, but that was expanded with the combining.                                                                        
                                                                                                                                
SENATOR BUNDE observed that most  other councils have more public                                                               
participation. In this case there is only one public member.                                                                    
                                                                                                                                
TOM OBERMEYER, Staff to Senator  Davis, sponsor of SB 107 stepped                                                               
in to  explain that the CS  follows the general direction  of the                                                               
original  bill, but  it has  changed substantially.  He said  the                                                               
Alaska State  Medical Association  rejected this bill  because it                                                               
includes  minor  surgery  and  pharmaceutical  use.  The  current                                                               
version  essentially  waters  down  the controls  that  had  been                                                               
implemented in the  initial bill by creating just  one board that                                                               
is   supposed  to   be  supervising   everything  -   discipline,                                                               
continuing education,  pharmacy and  the selection of  all legend                                                               
drugs  by a  pharmacist  that is  presumably  appointed who  also                                                               
responsible for the drugs to be  used along with IVs. The concern                                                               
is  that this  practice is  being changed  into what  the Medical                                                               
Association would  call primary care physicians.  Naturopaths are                                                               
not  allowed  to   use  the  title  "physician,"   but  the  four                                                               
institutions  that   license  them  give  them   certificates  of                                                               
naturopathic physicians.                                                                                                        
                                                                                                                                
Their  main  concern is  that  the  public cannot  be  adequately                                                               
protected -  since physicians don't want  to have any part  of it                                                               
and there will not be enough oversight to control everything.                                                                   
                                                                                                                                
He said the State Medical Association  pointed out in a letter to                                                               
                                     rd                                                                                         
this committee last  year that the 23   legislature had appointed                                                               
a task  force that  did not fulfill  its obligation  of reporting                                                               
the  comparison  of  the  training of  medical  doctors  -  their                                                               
continuing  internships  and  extensive hospital  practice  while                                                               
they are in medical school - to that of naturopaths.                                                                            
                                                                                                                                
CHAIR ELLIS  asked if he  had any comments about  Senator Bunde's                                                               
concern regarding the  amount of public participation  on the new                                                               
board.                                                                                                                          
                                                                                                                                
MR.  OBERMEYER replied  that Massachusetts  had a  task force  in                                                               
2002  that recommended  a nine-member  board. It  was to  include                                                               
only three  or four naturopaths  and the remainder would  be from                                                               
the other medical  professions and maybe a public  member or two.                                                               
So, it was  an expanded board compared to this  one. He said this                                                               
is essentially  a self-regulated board  and it was  determined by                                                               
Massachusetts  that   naturopaths  could   not  and   should  not                                                               
supervise  themselves. He  said  that naturopathy  is growing  in                                                               
this  country  and he  thought  the  state  could work  with  the                                                               
version they have.                                                                                                              
                                                                                                                                
CHAIR ELLIS summarized that the  committee should consider having                                                               
more than one public member.                                                                                                    
                                                                                                                                
MR. OBERMEYER agreed.                                                                                                           
                                                                                                                                
2:12:28 PM                                                                                                                    
CHAIR ELLIS asked for any other requests from the committee.                                                                    
                                                                                                                                
SENATOR  BUNDE  said he  wanted  to  hear  from the  Division  of                                                               
Occupational Licensing  and that  he was disappointed  the report                                                               
on  training  comparison  didn't  get back  to  them  because  he                                                               
thought he  heard some inaccuracies  in the report last  year and                                                               
had asked for them to report back.                                                                                              
                                                                                                                                
2:13:47 PM                                                                                                                    
SENATOR   STEVENS  said   he  didn't   remember  discussions   on                                                               
prescriptions  and  he wanted  to  know  more about  the  ability                                                               
naturopaths were being given for prescribing drugs.                                                                             
                                                                                                                                
CHAIR ELLIS announced  that SB 107 and the CS  would be held over                                                               
for further hearings.                                                                                                           

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