Legislature(2007 - 2008)BELTZ 211

04/01/2008 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 295 CLINICAL LABORATORY SCIENCE PROFESSIONALS TELECONFERENCED
Heard & Held
+ HB 295 RECORDED OR FILED DOCUMENTS TELECONFERENCED
Heard & Held
+ HB 379 CPA EDUCATION REQUIREMENTS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= SB 118 PLASTIC BAG FEE; ESTABLISH LITTER FUND
Moved CSSB 118(L&C) Out of Committee
= HB 357 CLAIMS AGAINST REAL ESTATE LICENSEES
Moved CSHB 357(L&C) Out of Committee
= HB 413 EXTENDING THE REAL ESTATE COMMISSION
Moved HB 413 Out of Committee
= SB 77 USING UNION DUES FOR POLITICAL PURPOSES
Failed To Move Out Of Committee
        SB 295-CLINICAL LABORATORY SCIENCE PROFESSIONALS                                                                    
                                                                                                                              
2:37:21 PM                                                                                                                    
CHAIR ELLIS announced SB 295 to be up for consideration.                                                                        
                                                                                                                                
DON BURRELL, staff to Senator Davis,  sponsor of SB 295, read the                                                               
sponsor statement.  He explained that this  measure establishes a                                                               
voluntary   advisory  board   of   clinical  laboratory   science                                                               
professionals to  assist the Department of  Commerce, Community &                                                               
Economic  Development  in  identifying  acceptable  credentialing                                                               
agencies and  determine which laboratory tests  would be included                                                               
in the waived category.                                                                                                         
                                                                                                                                
MR. BURRELL said  the advisory board would review  the FDA's list                                                               
of  waive  tests  and  make  recommendations  to  the  department                                                               
concerning  which  tests should  be  in  the waive  category.  He                                                               
explained:                                                                                                                      
                                                                                                                                
     Clinical    laboratory   science    professionals   and                                                                    
     radiologic  technologists are  two of  the health  care                                                                    
     professionals not  licensed by the state.  According to                                                                    
     the  Institute of  Medicine 70  percent of  all medical                                                                    
     decisions  are  based  on diagnostic  testing.  If  the                                                                    
     individuals collecting  the samples and  performing the                                                                    
     diagnostic testing  are not qualified,  the information                                                                    
     used  by  the  physician  to diagnose  or  treat  their                                                                    
     patients may be  incorrect. Clinical laboratory science                                                                    
     professionals and radiologic  technologists perform the                                                                    
     majority  of the  diagnostic testing.  Certification of                                                                    
     the  clinical  laboratory  professionals  ensures  that                                                                    
     qualified   professionals  are   performing  diagnostic                                                                    
     testing.  By  licensing   clinical  laboratory  science                                                                    
     professionals    and   requiring    certification   and                                                                    
     participation  in  certification  maintenance  programs                                                                    
     for licensure and renewal, we  can ensure the qualified                                                                    
     professionals  are  performing the  diagnostic  testing                                                                    
     while controlling the licensing costs.                                                                                     
                                                                                                                                
SENATOR STEVENS asked how many of these folks are in the state.                                                                 
                                                                                                                                
MR. BURRELL answered approximately 400.                                                                                         
                                                                                                                                
SENATOR BUNDE asked if this  focuses on people who administer the                                                               
test, not  those who diagnose  possible illness from  the results                                                               
of the test.                                                                                                                    
                                                                                                                                
MR. BURRELL answered yes.                                                                                                       
                                                                                                                                
2:40:45 PM                                                                                                                    
JENNIFER  STRICKLER, Licensing  Chief, Division  of Corporations,                                                               
Businesses  and Professional  Licensing, Department  of Commerce,                                                               
Community  &  Economic  Development,  didn't support  SB  295  as                                                               
written. Although it  is up to the legislature  to decide whether                                                               
this  new industry  should be  licensed or  not, she  had serious                                                               
concerns.  First  it creates  a  new  Chapter  30 under  Title  8                                                               
Professions  and  Occupations,  but it  doesn't  include  Section                                                               
08.30  under Section  08.01, which  is the  Centralized Licensing                                                               
Act. This Act contains the  statutes that give her department the                                                               
administrative  duties and  powers to  do things  like issue  and                                                               
sanction  licenses, establish  fees,  adopt regulations,  conduct                                                               
investigations and hold hearings.                                                                                               
                                                                                                                                
Second,  SB  295  establishes a  five-member  volunteer  advisory                                                               
board of  clinical laboratory science professionals  appointed by                                                               
the governor  and therefore would  be subject to  confirmation by                                                               
the legislature under AS 39.05,  but it doesn't provide the board                                                               
per  diem  and transportation  expenses  as  directed in  Section                                                               
(1)(d) on page 2, lines 6-8. This might not be legal.                                                                           
                                                                                                                                
MS.  STRICKLER  said the  volunteer  advisory  board is  not  the                                                               
subject of a sunset review  process under AS 08.03 and therefore,                                                               
while the process to establish  the board is established like any                                                               
other  regulatory  board,  she  didn't know  if  this  board  was                                                               
intended to exist continuously without legislative oversight.                                                                   
                                                                                                                                
2:43:10 PM                                                                                                                    
MS.  STRICKLER said  under the  duties  of the  board in  Section                                                               
08.30.030 on  page 2, lines  14-16, the  board's responsibilities                                                               
are limited  to only two items.  Number one would be  to identify                                                               
credentialing   agencies   or   organizations   and,   from   her                                                               
information, there are three  known organizations affiliated with                                                               
this group.  Her second concern  was to identify  what laboratory                                                               
tests should  be defined  as waive tests  for this  industry, she                                                               
would need a board to assist with that because she has no idea.                                                                 
                                                                                                                                
Her  fifth item  concerned  Section 08.30.080,  on  page 4,  that                                                               
specified the duration of a license  was for three years or until                                                               
it is relinquished. However, she  said, all other licenses within                                                               
the division  are issued for  two years  on a biennium  cycle. If                                                               
this bill  were to be  subject to the Centralized  Licensing Act,                                                               
it would  go to a two-year  duration. If it's not  subject to the                                                               
Act  and stays  on  a  three-year cycle,  it  would  be the  only                                                               
program  with  a  three-year  license. She  also  felt  the  word                                                               
"relinquished"   should  be   changed   to   "lapsed"  just   for                                                               
standardization  of  licensing  terms.   Most  people  let  their                                                               
licensing lapse and choose not to renew.                                                                                        
                                                                                                                                
2:44:44 PM                                                                                                                    
Last, she  mentioned that Section  08.30.090, Article 3,  on page                                                               
4,  line 27,  provides  the grounds  for  denial or  disciplinary                                                               
sanctions, but  it doesn't give  the department the  authority to                                                               
investigate or  to provide due  process under  the Administrative                                                               
Procedures Act of  AS 44.62, which would normally  be provided if                                                               
the chapter was subject to Section 08.01.                                                                                       
                                                                                                                                
MR. BURRELL added that SB 295  has two fiscal notes, one from the                                                               
Department  Of  Administration and  one  from  the Department  of                                                               
Commerce,  Community &  Economic Development  and they  indicated                                                               
one part  time staff would be  needed to oversee the  400 members                                                               
of this particular profession.                                                                                                  
                                                                                                                                
2:49:11 PM                                                                                                                    
SENATOR BUNDE said based on  the administration's testimony, this                                                               
bill isn't ready for prime time yet.                                                                                            
                                                                                                                                
SENATOR STEVENS asked Mr. Burrell if per diem was provided.                                                                     
                                                                                                                                
MR. BURRELL answered no.                                                                                                        
                                                                                                                                
CHAIR ELLIS said SB 295 would be held for further work.                                                                         
                                                                                                                                

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