Legislature(1993 - 1994)

03/01/1993 01:30 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                     JOINT HOUSE AND SENATE                                    
              HEALTH, EDUCATION AND SOCIAL SERVICES                            
                       STANDING COMMITTEES                                     
                          March 1, 1993                                        
                            1:30 p.m.                                          
                                                                               
  HOUSE MEMBERS PRESENT                                                        
                                                                               
  Rep. Cynthia Toohey, Co-Chair                                                
  Rep. Con Bunde, Co-Chair                                                     
  Rep. Gary Davis, Vice Chair                                                  
  Rep. Al Vezey                                                                
  Rep. Pete Kott                                                               
  Rep. Harley Olberg                                                           
  Rep. Bettye Davis                                                            
  Rep. Irene Nicholia                                                          
  Rep. Tom Brice                                                               
                                                                               
  HOUSE MEMBERS ABSENT                                                         
                                                                               
  None                                                                         
                                                                               
  SENATE MEMBERS PRESENT                                                       
                                                                               
  Sen. Steve Rieger, Chair                                                     
  Sen. Bert Sharp, Vice Chair                                                  
  Sen. Loren Leman                                                             
  Sen. Mike Miller                                                             
  Sen. Jim Duncan                                                              
  Sen. Johnny Ellis                                                            
                                                                               
  SENATE MEMBERS ABSENT                                                        
                                                                               
  Sen. Judy Salo                                                               
                                                                               
  OTHER MEMBERS PRESENT                                                        
                                                                               
  Rep. Curt Menard                                                             
  Sen. Randy Phillips                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  Confirmation Hearing:  State Medical Board appointments                      
  Joint meeting with Senate HESS                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  NOEL DEVRIES                                                                 
  P.O. Box 1027                                                                
  Palmer, Alaska 99645                                                         
  Phone:  (907) 745-3362                                                       
  Position Statement:  Appointee                                               
                                                                               
  DR. JOAN JELINEK, M.D.                                                       
  1305 21st Ave.                                                               
  Fairbanks, Alaska 99701                                                      
  Phone:  (907) 452-7524                                                       
  Position Statement:  Appointee                                               
                                                                               
  DR. GARY JOHNSON, M.D.                                                       
  P.O. Box 80606                                                               
  Fairbanks, Alaska 99708                                                      
  Phone:  (907) 479-3235                                                       
  Position Statement:  Appointee                                               
                                                                               
  EILEEN BECKER                                                                
  P.O. Box 109                                                                 
  Homer, Alaska 99603                                                          
  Phone:  (907) 235-7526                                                       
  Position Statement:  Appointee                                               
                                                                               
  DR. ROBERT ROWEN, M.D.                                                       
  615 E. 82nd Ave. #300                                                        
  Anchorage, Alaska 99518                                                      
  Phone:  (907) 344-7775                                                       
  Position Statement:  Appointee                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-25, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN RIEGER called the meeting to order at 3:03 p.m. and                 
  noted members present.  He stated that the Senate members                    
  had to return to a floor session at 3:00 p.m.  He said the                   
  committee would consider the appointees in the following                     
  order:  Noel DeVries, Joan Jelinek, Gary Johnson, Eileen                     
  Becker and Robert Rowen.  He brought NOEL DEVRIES'                           
  nomination to the table and asked if members had any                         
  questions.                                                                   
                                                                               
  NOMINATION OF NOEL DEVRIES                                                   
                                                                               
  Number 028                                                                   
                                                                               
  REP. TOOHEY asked Mr. DeVries how he would feel about making                 
  decisions about physicians who performed abortions.                          
                                                                               
  MR. DEVRIES said he would follow applicable Alaska statutes.                 
  He said the medical board did not usually deal with that                     
  issue, but did deal often with impaired physicians,                          
  disciplining those with drug or alcohol problems.  He did                    
  not see it as an issue.  Mr. DeVries remarked, "I can say                    
  this, I guess.  I might may have a problem if there were                     
  lesser medical procedures and lesser-qualified people                        
  applied to, say, an abortion with other comparable surgery.                  
  I don't know as that's the case."                                            
                                                                               
  REP. TOOHEY said she heard Mr. DeVries say his judgement                     
  would not be pre-clouded by a physician's involvement in                     
  providing abortions and asked if that were correct.                          
                                                                               
  Number 084                                                                   
                                                                               
  MR. DEVRIES said the medical board has been very lenient in                  
  terms of working with drug and alcohol problems.  He said                    
  that his vote on suspension of a physician who performs                      
  abortions would not be swayed by that fact.                                  
                                                                               
  CHAIR BUNDE referred to the case of Dr. Ake, an Anchorage                    
  physician convicted of sexually abusing patients, and how                    
  difficult it was for women to lodge protests.  He asked what                 
  might have been done to speed the process of investigating                   
  Dr. Ake and what might be done to prevent continued sexual                   
  abuse.                                                                       
                                                                               
  Number 109                                                                   
                                                                               
  MR. DEVRIES stated that he is not a physician, but a public                  
  member of the medical board.  He said it was a little                        
  frustrating to sit on the board and go through a long,                       
  laborious process, but due process takes time.  While he                     
  might like to see the process speeded up, he did not know if                 
  it was realistic.  He did not think the board had a mandate                  
  to get involved in sexual harassment issues, but was                         
  mandated to look at medical competency.  He said such                        
  complaints might better go to the Human Rights Commission or                 
  another commission.                                                          
                                                                               
  CHAIR RIEGER asked if the medical board had been too lenient                 
  and should be stricter in removing doctors from practice                     
  than it has been in the past.                                                
                                                                               
  MR. DEVRIES answered that Dr. McGuire (a member of the                       
  medical board) was decisive, and other doctors on the board                  
  knew the need to vigorously discipline other doctors when                    
  necessary.  He said such discipline was especially necessary                 
  when a doctor was abusing drugs or alcohol.                                  
                                                                               
  (Rep. Nicholia arrived at 1:43 p.m.)                                         
                                                                               
  NOMINATION OF DR. JOAN JELINEK, M.D.                                         
                                                                               
  Number 174                                                                   
                                                                               
  SEN. RIEGER brought the confirmation of Dr. Joan Jelinek to                  
  the table and noted that she was on-line via teleconference                  
  from Fairbanks.                                                              
                                                                               
  REP. TOOHEY asked whether the knowledge that a physician                     
  performed abortions would influence her judgement of that                    
  physician in matters coming before the medical board.                        
                                                                               
  DR. JELINEK answered no, it would not.  She said the duties                  
  of medical board members are well-defined, and any personal                  
  or religious preferences regarding abortion should be                        
  excluded from their judgement as board members.                              
                                                                               
  Number 192                                                                   
                                                                               
  SEN. RIEGER asked her opinion of the medical board's level                   
  of strictness in disciplining doctors.                                       
                                                                               
  DR. JELINEK answered that it was a complex question.  She                    
  said the medical board was effectively investigating the                     
  complaints brought to it, but there was often an excessive                   
  delay before the board could render an opinion and impose a                  
  sanction if necessary.  That could be a function of the                      
  number of complaints, the level of support, and the limited                  
  attention which each board members could bring to a case.                    
  She said medical board sanctions had been appropriate,                       
  though she was frustrated at the size of the caseload and                    
  the delays before rendering decisions.  She said the board                   
  was not lenient, but said the board sometimes lacks specific                 
  guidelines in dealing with imprecise areas of human and                      
  medical judgement.  She said the medical board has drawn                     
  attention for its many disciplinary actions against doctors,                 
  though it might not be excessive, given the number of                        
  doctors in the state.                                                        
                                                                               
  Number 230                                                                   
                                                                               
  REP. BUNDE asked whether Dr. Jelinek felt the public was                     
  well-informed about how to file complaints against doctors                   
  and whether more information was necessary.                                  
                                                                               
  DR. JELINEK answered that the medical board served the                       
  public, and while the public may need more education, it                     
  would probably greatly expand the board's caseload.  Once                    
  the board hears of complaints, the investigators are prompt                  
  and thorough, she said, but there is often subsequent delay                  
  before action by the board.                                                  
                                                                               
  Number 255                                                                   
                                                                               
  SEN. LEMAN said he had received several comments from                        
  medical doctors on Dr. Robert Rowen's appointment, and asked                 
  Dr. Jelinek to comment on Dr. Rowen's performance on the                     
  medical board in the time she had been appointed to the                      
  board.                                                                       
                                                                               
  DR. JELINEK responded that she could take no issue with Dr.                  
  Rowen's performance during the one or two board meetings                     
  since his appointment.  She said she was familiar with the                   
  concerns from doctors and laymen that Sen. Leman had                         
  mentioned.  She said the medical board would continue to                     
  operate under its governing statutes and said she hoped no                   
  individual nomination would alter the board's course.                        
                                                                               
  Number 279                                                                   
                                                                               
  REP. BUNDE invited Dr. Jelinek to share her opinions on Dr.                  
  Rowen's appointment.                                                         
                                                                               
  Number 280                                                                   
                                                                               
  DR. JELINEK said she was not offering specific information                   
  on Dr. Rowen's appointment, but recognizing the controversy                  
  over his alleged practice of unconventional medicine in                      
  Alaska.  She said she felt that legislators, physicians and                  
  laymen must consider American medical practice, and offered                  
  to provide a recent JAMA (Journal of the American Medical                    
  Association) article which reviewed the prevalence, cost and                 
  patterns of use of unconventional medical practices, and                     
  judged that the nation was probably underutilizing them.                     
  The article suggested one in four Americans seek                             
  unconditional therapy in addition to other medical                           
  attention, often surreptitiously.  She said the National                     
  Institute of Health was establishing an office to do                         
  research into unconventional medical practices, but in the                   
  interim the medical profession must continue to practice                     
  conventional medicine.                                                       
                                                                               
  Number 321                                                                   
                                                                               
  REP. NICHOLIA asked whether Dr. Jelinek believed the medical                 
  community was responding adequately to the problems of Fetal                 
  Alcohol Syndrome (FAS).                                                      
                                                                               
  DR. JELINEK said she had no sense of that and could not                      
  answer the question, as she practiced internal medicine, not                 
  pediatrics, obstetrics or gynecology.                                        
                                                                               
  Number 337                                                                   
                                                                               
  NOMINATION OF DR. GARY JOHNSON, M.D.                                         
                                                                               
  SEN. RIEGER brought the nomination of DR. GARY JOHNSON to                    
  the table, noted that Dr. Johnson was on-line via                            
  teleconference in Fairbanks, and invited committee members                   
  to question him.                                                             
                                                                               
  REP. TOOHEY asked Dr. Johnson if he could be an impartial                    
  judge of a peer professional if he knew that physician                       
  performed abortions.                                                         
                                                                               
  DR. JOHNSON answered yes.                                                    
                                                                               
  Number 345                                                                   
                                                                               
  SEN. RIEGER asked Dr. Johnson under what conditions he would                 
  consider suspending the license of a doctor in Alaska.                       
                                                                               
  DR. JOHNSON answered that he would do so if a physician was                  
  causing potential harm to patients, practicing unethical                     
  medicine, or breaking the law.                                               
                                                                               
  SEN. RIEGER asked Dr. Johnson's opinion of the medical                       
  board's level of strictness or leniency in investigating and                 
  licensing.                                                                   
                                                                               
  DR. JOHNSON said that, though he had been at only one board                  
  meeting, he shared Dr. Jelinek's desire that the process                     
  could be done faster, though he acknowledged it probably                     
  could not.  He said the medical board was fairly balancing                   
  the interests of the public with the leeway needed for                       
  different styles of medical practice, and it must allow due                  
  process, which can be lengthy.                                               
                                                                               
  Number 372                                                                   
                                                                               
  REP. BUNDE asked if the public needed more information about                 
  ethical medical practice.                                                    
                                                                               
  DR. JOHNSON said everyone, including physicians, needed more                 
  education on ethical medical practice.  He said there was a                  
  lot of room for debate as to what constituted ethical                        
  practice.                                                                    
                                                                               
  REP. BUNDE asked if he knew how to more clearly delineate                    
  what constituted ethical practice to improve the accuracy of                 
  such complaints.                                                             
                                                                               
  Number 385                                                                   
                                                                               
  DR. JOHNSON said it would take a massive public education                    
  campaign to do so.  The effort would have to include                         
  determination of guidelines concerning ethics, including                     
  sexual harassment, consensus on which is now developing                      
  across the nation.                                                           
                                                                               
  Number 404                                                                   
                                                                               
  SEN. LEMAN noted that Dr. Johnson had signed a letter                        
  opposing Dr. Rowen's appointment.  Sen. Leman invited him to                 
  express his displeasure in greater detail and to give his                    
  opinion of Dr. Rowen's work on the board to date.                            
                                                                               
  DR. JOHNSON said he felt it was inappropriate for appointees                 
  to comment on the appointments of others.  As president of                   
  the Alaska Medical Association, Dr. Johnson said, he has                     
  obligations to communicate the members' feelings on issues                   
  of medical ethics, including appointments to the State                       
  Medical Board.  He said he signed a letter from the state                    
  association's board expressing concerns about the                            
  appointment to the medical board of a doctor whose methods                   
  of practice were not scientifically proven.  Dr. Johnson                     
  said ethics are debatable.  Some might argue that a doctor                   
  should perform treatment he knew to be beneficial whether                    
  scientifically proven or not, while others might say doctors                 
  should use only treatment methods proven to be effective and                 
  safe.  He said the AMA had outlined its concerns to                          
  legislators.  Dr. Johnson said he had no basis of judging                    
  Dr. Rowen's performance on the medical board.                                
                                                                               
  Number 451                                                                   
                                                                               
  NOMINATION OF DR. EILEEN BECKER, M.D.                                        
                                                                               
  SEN. RIEGER brought the nomination of DR. EILEEN BECKER to                   
  the table, noted that she was testifying via teleconference                  
  from Homer, and invited members to question her.                             
                                                                               
  REP. TOOHEY asked Dr. Becker if she could be an impartial                    
  judge of a physician if she knew that physician performed                    
  abortions.                                                                   
                                                                               
  DR. BECKER said she would have no problem with that; she                     
  valued life, and she would consider all the factors involved                 
  in a case before making any judgement.                                       
                                                                               
  (Sen. Rieger noted that Rep. Olberg, Rep. Kott, Rep.                         
  Nicholia, Sen. Ellis and Sen. Miller had joined the meeting.                 
                                                                               
  Number 462                                                                   
                                                                               
  REP. BUNDE asked if the medical board needed to play a role                  
  in educating the public on what constituted unethical                        
  behavior.                                                                    
                                                                               
  DR. BECKER said she was not sure, as she had not looked at                   
  the materials she had received, was only appointed early in                  
  the year, and had been involved only in one short                            
  teleconference.  But she said that, as a broadcaster                         
  involved in communications, she would be interested in                       
  working toward that sort of thing.  If the board decided it                  
  needed to work toward that end, she would be willing to work                 
  toward that end, she said.  She said she wanted to avoid                     
  disseminating so much knowledge as to encourage a witch-                     
  hunt, but she said it would be wise to make sure everyone                    
  knew how to get information to the authorities if necessary.                 
  There is always room for improvement of communications, she                  
  stated.                                                                      
                                                                               
  REP. BUNDE said he was not criticizing, but asking for a                     
  layman's impressions.                                                        
                                                                               
  Number 480                                                                   
                                                                               
  NOMINATION OF DR. ROBERT ROWEN, M.D.                                         
                                                                               
  SEN. RIEGER brought the nomination of DR. ROBERT ROWEN to                    
  the table, invited Dr. Rowen to testify before the committee                 
  in Juneau, and invited the committee members to question                     
  him.                                                                         
                                                                               
  Number 486                                                                   
                                                                               
  REP. TOOHEY asked Dr. Rowen if his judgement of a physician                  
  before the medical board would be clouded by the knowledge                   
  that the physician performed abortions.                                      
                                                                               
  DR. ROWEN answered no.                                                       
                                                                               
  REP. B. DAVIS asked how many meetings Dr. Rowen had attended                 
  since his appointment in July, 1992; what action he had                      
  taken as a board member; and how comfortable he felt in such                 
  action considering the controversy over his appointment.                     
                                                                               
  Number 492                                                                   
                                                                               
  DR. ROWEN said he had attended two board meetings, which                     
  dealt mostly with physicians impaired by addiction to drugs                  
  or alcohol.  He said the board had taken no action on                        
  physicians for reasons other than drugs or alcohol.                          
                                                                               
  REP. B. DAVIS asked if he was comfortable on the medical                     
  board.                                                                       
                                                                               
  DR. ROWEN said he was very comfortable.  He offered an                       
  example of how he felt he had contributed to the board,                      
  saying he had helped the board develop a policy on the use                   
  of narcotic pain relief medication following complaints by                   
  patients about some physician's reluctance to administer                     
  strong pain medication.  He suggested inclusion of a                         
  paragraph in the policy reminding doctors that there are                     
  philosophies outside of the medical profession, such as                      
  chiropractic and acupuncture, that should be considered.                     
                                                                               
  Number 513                                                                   
                                                                               
  SEN. LEMAN asked Dr. Rowen for his response to the feeling                   
  expressed by some in the medical profession who were leading                 
  the charge against his confirmation to the medical board.                    
                                                                               
  DR. ROWEN said the allegations had been that he is unethical                 
  because he did not practice "scientific medicine."  He                       
  referred to books containing 3-4,000 references on                           
  nutritional therapy, including some stating that up to 80                    
  percent of cases of a specific ear condition were due to                     
  allergies to milk or other substances.  He read the abstract                 
  of an article dealing with chelation therapy, which showed                   
  the therapy brought marked improvement in 77 percent and                     
  good improvement in 16 percent.  He cited other studies                      
  showing that bypass surgery is dangerous, ineffective, and                   
  in most cases, overdone.  He said a letter from the medical                  
  association to members of the committee regarding a                          
  presentation he made on mercury, and accusing him of being                   
  unethical, contained knowing falsehoods.  He asked what the                  
  association might have meant by conveying knowing                            
  falsehoods.                                                                  
                                                                               
  Number 544                                                                   
                                                                               
  DR. ROWEN referred to an incident in which a nurse's error                   
  during an ultraviolet irradiation of blood treatment brought                 
  an allergic reaction from a patient.  He said that in 10                     
  years he did not know of any patient who suffered                            
  significant injury at his hands.  He said few doctors have                   
  such a record.  He said a 1942 article on the treatment                      
  showed the treatment brought complete recovery to 17                         
  patients with only one treatment.  He said 90 percent of his                 
  practice was related to nutrition and asked what he did that                 
  was unscientific.  He said he felt it would be bad practice                  
  not to use vitamins, herbs or minerals before using                          
  petrochemical pharmaceutical because they pose no risk, have                 
  shown documentation in peer-reviewed medical literature, and                 
  are cheap.                                                                   
                                                                               
  Number 573                                                                   
                                                                               
  DR. ROWEN said he does use drugs and prescribe surgery in                    
  his practice, but infrequently.  He referred to the case of                  
  Mrs. Coghill, who had severe back pain and was scheduled for                 
  surgery despite negative back scans.  He said he relieved                    
  her pain with injections of anesthetic into her root canals                  
  and sent her to a dentist for extraction of two teeth and a                  
  pus pocket, which brought relief of her back pain.  He cited                 
  that treatment as a way to cut costs and treat patients                      
  without dangerous surgery.                                                   
                                                                               
  TAPE 93-25, SIDE B                                                           
  Number 000                                                                   
                                                                               
  SEN. LEMAN said he had read Dr. Rowen's health care cost                     
  containment proposal, called it an interesting proposal                      
  placing more responsibility on the individual, and invited                   
  him to comment further on why health care costs were high.                   
                                                                               
  DR. ROWEN said there were several reasons.  The first was                    
  that third-party payment eliminates the incentive not to                     
  spend.  The second is that the medical industry was a                        
  profit-making industry that obscures symptoms with expensive                 
  drugs, but does not cure disease.  He cited his standing                     
  offer of $100 to anyone who could prove a drug cured a                       
  disease, except for antibiotics.  He said many ailments can                  
  be helped through better nutrition.  He said there is no way                 
  to contain health costs until the medical system paid more                   
  attention to the causes and prevention of diseases, not                      
  their symptoms.  The third was the international                             
  pharmaceutical industry's efforts to eliminate alternatives                  
  to its methods, he said, citing cases in which doctors have                  
  lost their licenses and been harassed for their treatment                    
  philosophies.  He said he spends up to 1,000 hours on                        
  research into his methods and decried doctors who refuse to                  
  consider them.                                                               
                                                                               
  Number 082                                                                   
                                                                               
  REP. BUNDE asked if Dr. Rowen's criticisms of conventional                   
  medicine would bar him from working with conventional                        
  doctors on the medical board, even though he did not respect                 
  their medicine.                                                              
                                                                               
  DR. ROWEN disputed that statement.  He said he did respect                   
  their medicine, felt there was a place for drugs and                         
  surgery, and had directed such treatment for his patients.                   
  He said he did not want to judge other doctors for                           
  practicing conventional medicine.  His interest in serving                   
  on the medical board was not to butt heads, but to                           
  contribute ideas or offer suggestions, such as while                         
  considering the case of a doctor performing a large number                   
  of back surgeries, that there may be more cost-effective                     
  treatments.                                                                  
                                                                               
  Number 113                                                                   
                                                                               
  REP. BUNDE asked if Dr. Rowen viewed his role on the board                   
  as educating other doctors and encouraging them to follow                    
  his view of medicine.                                                        
                                                                               
  DR. ROWEN said he did not see his role as encouraging other                  
  physicians to follow his views.  He said many doctors are                    
  terrified of straying from the party line for fear of losing                 
  their licenses or being reprimanded.  He said many doctors                   
  are afraid to voice public support for him for fear that if                  
  they did so, "they would be taken out." Dr. Rowen said                       
  patients of his who had told other doctors of the results                    
  they had gotten with Dr. Rowen were dropped as patients by                   
  those doctors.  He cited the "Annals of Internal Medicine,"                  
  which has indicated that 40 percent of Americans would                       
  choose alternatives over conventional medicine.  He said his                 
  natural medicine is not better than other doctors' medicine,                 
  or vice versa.  He said doctors should serve their patients,                 
  not dogmas.                                                                  
                                                                               
  Number 138                                                                   
                                                                               
  REP. BUNDE said he was implying no value judgement by the                    
  terms conventional and alternative medicine.  He noted Dr.                   
  Rowen's criticism of the profits conventional doctors make                   
  from pharmaceutical, and asked whether Dr. Rowen did not                     
  make a profit from natural medicines he sold his patients.                   
                                                                               
  DR. ROWEN responded that he did not think that was a fair                    
  criticism.  He said he and other natural doctors have                        
  homeopathic pharmacies for the convenience of their patients                 
  and direct patients to health food stores.  He said he is                    
  motivated by concern for his patients.  Other doctors, such                  
  as dermatologists, sell medicines, and surgeons make money                   
  from surgeries, he said.                                                     
                                                                               
  REP. BUNDE said he had not intended criticism in calling                     
  attention to the profit in selling herbs.                                    
                                                                               
  Number 181                                                                   
                                                                               
  DR. ROWEN cited saw palmetto, an herb proven safe and                        
  effective in treating prostate enlargement and which cost                    
  pennies, but which the Food and Drug Administration (FDA)                    
  did not recognize for that purpose.  But when Meurck                         
  pharmaceutical developed a more expensive, less effective                    
  and more dangerous synthetic analogue of the herb, it got                    
  FDA approval, he said.  He noted the system works to make                    
  money.  He cited the drug Halcion, banned in Great Britain                   
  as dangerous, but left on the U.S. market while tryptophan,                  
  a safe sleep aid is under pressure to be taken from the U.S.                 
  market because a contaminated batch made it to the market.                   
  If the nation does not look to such ways to lower medical                    
  costs, the nation will go bankrupt, he said.                                 
                                                                               
  SEN. RIEGER asked if Dr. Rowen considered himself an                         
  advocate of alternative medicine.                                            
                                                                               
  DR. ROWEN responded that he was an advocate for the patient.                 
                                                                               
  DR. ROWEN was asked if he practiced both alternative and                     
  conventional medicine.                                                       
                                                                               
  DR. ROWEN answered yes, but said not everything he did was                   
  alternative.  He said providing nutrients was more                           
  scientific than prescribing drugs to cover up a symptom.  He                 
  said he did not like the term "alternative."                                 
                                                                               
  SEN. RIEGER asked if there were alternative medicines Dr.                    
  Rowen considered dangerous.                                                  
                                                                               
  DR. ROWEN asked him to define dangerous.                                     
                                                                               
  SEN. RIEGER asked if he did anything dangerous.                              
                                                                               
  Number 214                                                                   
                                                                               
  DR. ROWEN answered that anything used to excess or                           
  improperly, even oxygen or water, was dangerous.  Chelation                  
  therapy has a good safety record, though the medical                         
  community calls it dangerous.                                                
                                                                               
  SEN. RIEGER asked if there were any medical practices that                   
  he would consider a generally dangerous practice.                            
                                                                               
  DR. ROWEN answered that all drugs or herbs are good if used                  
  correctly and are bad if used incorrectly.                                   
                                                                               
  SEN. RIEGER asked if there were such a thing as experimental                 
  medicine, and asked his opinion on the level of scientific                   
  proof required before a practice should be permitted in the                  
  medical community.                                                           
                                                                               
  Number 232                                                                   
                                                                               
  DR. ROWEN responded, "Our statute added the word                             
  experimental medicine.  And the reason why that was done was                 
  not for me.  Unconventional was good enough.  Chemotherapy                   
  and radiation are as experimental as they come.  That's true                 
  human experimentation.  And the studies have shown that                      
  chemotherapy and radiation usually gives people worse                        
  quality of life than if they did nothing at all..."  He said                 
  The Lancet has published an article saying mammograms have                   
  no screening value for women under 50, but the legislature                   
  was bamboozled into getting insurance companies to pay for                   
  them.  Experimental involves anything not proven, he said.                   
  A 1978 survey done for the Office of Technology Assessment                   
  by the McGovern Committee found that up to 80 percent of                     
  practices in orthodox medicine have no scientific basis, he                  
  said.                                                                        
                                                                               
  Number 243                                                                   
                                                                               
  SEN. RIEGER asked Dr. Rowen under what conditions he would                   
  vote to pull another doctor's license.                                       
                                                                               
  DR. ROWEN answered that, as he had been persecuted by the                    
  profession, he said he would bend over backwards to be fair                  
  and already has in one vote on a physician.  If a doctor is                  
  harming patients, the medical board must take action, he                     
  said.  He said he would like to educate other doctors about                  
  other philosophies, on behalf of the patients, and noted                     
  that he is but one of seven board members, and all would                     
  have to follow the statutory obligations in considering such                 
  action.  He said the medical board should take action if a                   
  doctor were incompetent within the scope of his practice, if                 
  a physician were harming his patients or performing                          
  unethically according to the medical regulations.                            
                                                                               
  Number 278                                                                   
                                                                               
  REP. TOOHEY commented that the committee was not considering                 
  Dr. Rowen's competency and said she believed he had a place                  
  in the community and, as long as he was competent, was glad                  
  he was practicing.  But his service on the medical board was                 
  another question.  She said the board's function was to help                 
  doctors maintain a standard of practice to protect the                       
  public, not to further any individual physician's medical                    
  philosophy.  She expressed displeasure that he evidently had                 
  a medical agenda and was inappropriately using his position                  
  on the medical board to pass judgement on other doctors.                     
                                                                               
  DR. ROWEN said he had spent a good deal of time in his                       
  testimony defending himself against medical association                      
  attacks as being allegedly too unethical to serve on the                     
  board and he was trying to present a different view of those                 
  types of ethics.  He said differences of opinion and dissent                 
  are beneficial to making progress, denied trying to further                  
  any agenda, but to share ideas.  He asked if it were proper                  
  for other doctors who might be prejudiced against his type                   
  of practice to sit in judgement of other physicians like                     
  him.                                                                         
                                                                               
  SEN. RIEGER asked if there were a problem with alternative                   
  medical practitioners being harassed or persecuted by the                    
  medical boards.                                                              
                                                                               
  DR. ROWEN answered that in other states, many of his                         
  colleagues had been de-licensed at the complaints of other                   
  physicians, not patients' complaints.  Three years ago, Dr.                  
  Rowen said he anticipated the trend would reach Alaska.  He                  
  said the medical association brought a "quack-buster" to                     
  Alaska, Dr. Jennifer Christian, went on a "witch-hunt," and                  
  the association began a drive to purge the state.  He said                   
  Russ Hoffman, M.D., past president of the association and                    
  now working in Bethel, could offer corroboration.  He said                   
  the medical board was above that and recalled its obligation                 
  to serve the people, not the profession.  A public outcry                    
  concerning a bill arising from that effort, plus Dr. Rowen's                 
  appointment to the board, indicated public desire for                        
  plurality of thought in the medical profession, he said.                     
                                                                               
  Number 336                                                                   
                                                                               
  REP. B. DAVIS asked what legislation Dr. Rowen had referred                  
  to.                                                                          
                                                                               
  DR. ROWEN answered that Sen. Pat Rodey had introduced in the                 
  House, and Reps. Dave Donley, Max Gruenberg and Johnny Ellis                 
  carried forward legislation stating that the medical board                   
  could not base a finding of professional incompetence solely                 
  on the basis that a licensee's basis was unconventional or                   
  experimental.  Dr. Rowen said he agreed to add the words,                    
  "in the absence of demonstrable physical harm to a patient."                 
  He said he was being held to a higher standard than orthodox                 
  doctors, but that was okay.                                                  
                                                                               
  Number 344                                                                   
                                                                               
  REP. BUNDE asked how many Alaska doctors practiced                           
  alternative medicine.                                                        
                                                                               
  DR. ROWEN answered there were five, though there may be six                  
  or seven.                                                                    
                                                                               
  REP. BUNDE asked if he knew of any that had been brought up                  
  before the medical board.                                                    
                                                                               
  Number 358                                                                   
                                                                               
  DR. ROWEN answered that one doctor who performed an insulin                  
  tolerance test was reprimanded several years ago.  He said                   
  the doctor thought the test was a good indicator of a                        
  patient's risk for coronary artery disease, but at another                   
  doctor's complaint, the issue went before the medical board,                 
  where the doctor in question was reprimanded.  Dr. Rowen                     
  said several medical articles said the test was valid, but                   
  the medical board did not look at them.                                      
                                                                               
  REP. BUNDE asked whether Dr. Rowen would have voted for                      
  censure if he had been on the board.                                         
                                                                               
  DR. ROWEN said that he would have called the medical board's                 
  attention to those articles and not to the opinion of the                    
  complaining doctor.                                                          
                                                                               
  Number 364                                                                   
                                                                               
  REP. VEZEY referred to Dr. Rowen's standing $100 wager to                    
  find a drug that cured a disease and asked whether the                       
  doctor excluded vaccines or antibiotics that prevented                       
  disease.                                                                     
                                                                               
  DR. ROWEN said he did not consider vaccines to be disease                    
  curing compounds, but disease preventing compounds.                          
                                                                               
  REP. VEZEY asked whether Dr. Rowen had criticisms of using                   
  vaccinations to prevent disease.                                             
                                                                               
  DR. ROWEN said there was a controversy over vaccinations, in                 
  which he did not get involved.                                               
                                                                               
  REP. VEZEY asked Dr. Rowen if he practiced alternative                       
  medicine or practices not taught in medical schools.                         
                                                                               
  DR. ROWEN said it depended on how the question was viewed.                   
  He cited his degree from the University of California, San                   
  Francisco, considered the nation's first- or second-best                     
  medical school, and said while he respected the value of                     
  that education and was utilizing it, he has added to it.                     
                                                                               
  Number 400                                                                   
                                                                               
  REP. VEZEY referred to the high cost of malpractice                          
  insurance and asked how the insurance industry viewed                        
  unorthodox physicians such as Dr. Rowen.                                     
                                                                               
  DR. ROWEN answered that such doctors generally paid lower                    
  rates, as the insurance industry recognizes that such                        
  doctors do not injure people.  He said his insurance rates                   
  as of two years ago were at least $3,000 lower than if he                    
  was a conventional doctor.  He said his insurance company is                 
  geared to physicians practicing his kind of medicine.                        
                                                                               
  Number 409                                                                   
                                                                               
  REP. VEZEY asked if the insurance company had a name for                     
  that type of medicine.                                                       
                                                                               
  DR. ROWEN answered that they call it "preventative"                          
  medicine.                                                                    
                                                                               
  Number 400                                                                   
                                                                               
  REP. VEZEY said the confirmation process was to judge Dr.                    
  Rowen's suitability for service on the medical board, not                    
  for his worth as a physician.  He asked what Dr. Rowen felt                  
  the duties of the board were.                                                
                                                                               
  Number 418                                                                   
                                                                               
  DR. ROWEN answered that his duties are prescribed by                         
  statute, the most important of which is to protect the                       
  public.  The medical board achieved this aim by removing                     
  from practice physicians who are hurting people, or                          
  directing physicians impaired by drugs or alcohol to seek                    
  rehabilitation.  The board must make sure that physicians,                   
  above all, do no harm.                                                       
                                                                               
  REP. VEZEY said the doctor and others view the function of                   
  the medical board differently.  He said the board is, by                     
  statute, a licensing board that must determine competency,                   
  deal with rehabilitation of substance-abusing doctors and                    
  other charges, he said.  He said the underlying                              
  qualification for licensure is a degree from a school                        
  accredited by the American Medical Association (AMA), of                     
  which Rep. Vezey said he believed Dr. Rowen was critical.                    
  He said the issue was who should sit on the medical board in                 
  judgement of other doctors.                                                  
                                                                               
  Number 448                                                                   
                                                                               
  DR. ROWEN agreed that the medical board is governed by                       
  statutes and regulations, not philosophies.  He said he was                  
  not on the board to criticize, but to say there are                          
  shortcomings everywhere, and that there is a need for new                    
  approaches and new ideas, and, in the area of cost-                          
  containment, some bold and novel approaches.  If the medical                 
  establishment, which admits it has established a system that                 
  is not working well, continues to dictate rules and                          
  practices, the public will continue to get more of the same.                 
  He did not mean to be critical but to point out that neither                 
  side had all the answers, and that neither should be held to                 
  different standards.                                                         
                                                                               
  Number 466                                                                   
                                                                               
  REP. VEZEY said he was confused because the statutes                         
  authorized licensing of physicians only according to                         
  standard medical practice as sanctioned by the AMA.                          
                                                                               
  DR. ROWEN objected to Rep. Vezey's statement.  He said the                   
  statute did not say in accordance with the AMA, but listed                   
  specific requirements.                                                       
                                                                               
  REP. VEZEY said the statute specifically said a doctor must                  
  have a degree from an AMA certified school.                                  
                                                                               
  DR. ROWEN asked whether the statutory requirement was for a                  
  degree from an accredited school, or a school accredited by                  
  the AMA.                                                                     
                                                                               
  REP. VEZEY said there was another agency mentioned in the                    
  statutes, as well as the Council of Medical Education of the                 
  AMA.                                                                         
                                                                               
  DR. ROWEN said he accepted the statutory requirement and he                  
  had gone to such an accredited school.                                       
                                                                               
  REP. TOOHEY said the statute concerning the State Medical                    
  Board did not deal with medical costs, and she believed it                   
  was not the duties of the board to deal with such an issue,                  
  or many others that Dr. Rowen had raised.                                    
                                                                               
  DR. ROWEN said he agreed that cost containment and licensing                 
  were separate issues, and that issuing and regulating                        
  licenses had to be done according to statute.                                
                                                                               
  REP. NICHOLIA asked whether Dr. Rowen had a malpractice suit                 
  pending against him.                                                         
                                                                               
  DR. ROWEN answered that a patient had an allergic reaction                   
  to the mistake of a nurse in his office, but he had not seen                 
  any papers filed.  He said many physicians acknowledge that                  
  a doctor is lucky to get through a career without ever being                 
  sued for malpractice.  He said it was well-known that the                    
  mistake was not his, that even medical people make mistakes,                 
  and that he had not fired his nurse for doing so.                            
                                                                               
  Number 500                                                                   
                                                                               
  SEN. RIEGER asked if the medical board has been too strict                   
  or lenient in censuring or de-licensing other physicians.                    
                                                                               
  DR. ROWEN said it was hard to answer, as he had only been                    
  with the board for two meetings.                                             
                                                                               
  Number 520                                                                   
                                                                               
  REP. B. DAVIS asked Dr. Rowen whether he would be more                       
  concerned about patient rights or doctor's rights as a                       
  medical board member.  She also recalled his statement that                  
  he would be less interested in judging doctors than in                       
  helping them see alternative treatments, and asked him to                    
  reconcile this statement with his professed concern for                      
  patients.                                                                    
                                                                               
  DR. ROWEN said the medical board must work with physicians                   
  to make them better doctors; for example, when doctors were                  
  harming patients or were abusing drugs or alcohol.  He said                  
  it was hard to answer her question as he had not seen the                    
  issue arise during his time on the board.  He said he could                  
  see his role on the board as trying to educate physicians                    
  that approaches other than surgery, invasion or drugs might                  
  be used in treatment.  But if a doctor was injuring                          
  patients, the board would have to take action as it saw fit.                 
                                                                               
  REP. B. DAVIS said she believed Dr.Rowen was qualified, and                  
  that she had once considered seeing him herself.  But she                    
  said that did not affect his suitability as a medical board                  
  member.  She said her main concern was that he might have to                 
  come before the board and therefore be removed from it, and                  
  that his serving on the board was a set-up for such a                        
  situation because a case against him was pending.                            
                                                                               
  Number 540                                                                   
                                                                               
  DR. ROWEN contradicted her, saying that the case in question                 
  (presumably the case concerning the nurse's mistake and                      
  subsequent patient's allergic reaction) had been                             
  investigated by the board, which had exonerated him.  A                      
  negligence case against his nurse, in which he was a co-                     
  factor, was a totally different case.                                        
                                                                               
  REP. B. DAVIS said there was more than a normal chance that                  
  he or the five or six other doctors practicing a similar                     
  type of alternative medicine might be brought up before the                  
  same medical board on which he served.  She asked whether he                 
  might be more vulnerable than other doctors.                                 
                                                                               
  DR. ROWEN said that was not true; he had only a couple of                    
  complaints filed against him in ten years.  One of those,                    
  which was tossed out, was from a patient who did not want to                 
  pay her bill.  Another was due to his nurse's error, in                      
  which case he was exonerated.  Two other complaints came                     
  from medical doctors who did not like what he did, he said.                  
  He described a case in which he diagnosed a bowel                            
  obstruction in a female patient from Fairbanks, but the two                  
  Anchorage gastro-enterologists he asked to treat the patient                 
  said they were too busy to do so.  The patient went to the                   
  Providence Hospital emergency room, where Dr. Merchant saw                   
  her and said he would take care of it, but could not get a                   
  surgeon to come to the hospital to treat her.  The patient                   
  languished in the emergency room for hours and Dr. Merchant                  
  acknowledged to the patient's daughter that doctors were                     
  refusing to treat the patient because she had been seeing                    
  Dr. Rowen.  As a result of the lack of treatment at the                      
  hospital, the woman developed a gangrenous bowel which had                   
  to be removed and which led to general bad health for the                    
  woman, Dr. Rowen said.                                                       
                                                                               
  REP. B. DAVIS asked why he did not attend to his own                         
  patient.                                                                     
                                                                               
  DR. ROWEN answered that the woman needed surgery and the                     
  matter was out of his hands.                                                 
                                                                               
  TAPE 93-26, SIDE A                                                           
  Number 000                                                                   
                                                                               
  DR. ROWEN said he wanted to see the politics of medicine                     
  change to consider more the needs of patients.                               
                                                                               
  REP. TOOHEY said she was an emergency room nurse who has                     
  worked with Dr. Merchant and said that if Dr. Merchant felt                  
  it was an emergency he would have taken action and would not                 
  have let the patient become gangrenous.                                      
                                                                               
  DR. ROWEN answered that the woman was admitted to the                        
  hospital at the emergency room, but did not see an                           
  appropriate specialist.  Dr. Merchant was the emergency room                 
  physician and did a good job, Dr. Rowen said.                                
                                                                               
  SEN. RIEGER asked Dr. Rowen to leave the two books he had                    
  introduced into the record with the committee for committee                  
  members to peruse at their will.  (The two books were,                       
  Encyclopedia of Natural Medicine by Michael T. Murray, N.D.,                 
  and Joseph E. Pizzorno, N.D., from Prima Publishing,                         
  Rocklin, CA; and Nutritional Influences on Illness by Melvyn                 
  R. Werbach, M.D., from Third Line Press, Inc., Tarzana, CA.                  
  The two articles were "EDTA Chelation Therapy in Chronic                     
  Degenerative Disease" by Effrain Olszewer and James P.                       
  Carter in Medical Hypotheses, 1988; and "Ultraviolet Blood                   
  Irradiation Therapy" by George Miley, M.D., in the Archives                  
  of Physical Therapy, Sept. 1942.  The articles, and the                      
  title pages of the books, are on file in the committee                       
  room.)                                                                       
                                                                               
  SEN. RIEGER referred to the statutes concerning the State                    
  Medical Board, to which Rep. Vezey had earlier referred, and                 
  said they were contained in AS 08.64.200, paragraph one,                     
  concerning physician applicants and medical school                           
  graduation requirements.  Sen. Rieger announced that the                     
  House Health, Education and Social Services Committee would                  
  continue to hear public testimony on Dr. Rowen's                             
  appointment, starting at 3:30 p.m. on the same day, March 1,                 
  1993, in Room 104 (106) of the Capitol Building.  Sen.                       
  Rieger then ADJOURNED the joint meeting at 3:05 p.m.                         

Document Name Date/Time Subjects