05/04/2004 02:38 PM House HES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled

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ALASKA STATE LEGISLATURE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE May 4, 2004 2:38 p.m. MEMBERS PRESENT Representative Peggy Wilson, Chair Representative Carl Gatto, Vice Chair Representative John Coghill Representative Paul Seaton Representative Kelly Wolf Representative Sharon Cissna Representative Mary Kapsner MEMBERS ABSENT All members present COMMITTEE CALENDAR SENATE BILL NO. 239 "An Act relating to the required number of days in a school year." - MOVED CSSB 239(HES) am OUT OF COMMITTEE CONFIRMATION HEARINGS Board of Education and Early Development Sylvia J. Reynolds - Soldotna - CONFIRMATION(S) ADVANCED Alaska Mental Health Trust Authority Board of Trustees Dr. William H. Doolittle - Fairbanks, Alaska Tom J. Hawkins - Anchorage - CONFIRMATION(S) ADVANCED Board of Nursing James E. Jurrens - Juneau - CONFIRMATION(S) ADVANCED Professional Teaching Practices Commission Kimberly Jockusch - Anchorage Dr. Donna Peterson - Soldotna - CONFIRMATION(S) ADVANCED Board of Social Work Examiners Darrell Allman - Anchorage Mildred D. Townsend - Anchorage - CONFIRMATION(S) ADVANCED Board of Certified Direct-Entry Midwives Sharon K. Evans - Palmer - CONFIRMATION(S) ADVANCED Board of Examiners in Optometry Dr. Jill Geering Matheson - Juneau Dr. Jeff Gonnason - Anchorage - CONFIRMATION(S) ADVANCED Board of Dispensing Opticians Larry E. Harper - Anchorage - CONFIRMATION(S) ADVANCED Board of Education and Early Development Carol J. Schaeffer - Kotzebue - CONFIRMATION(S) ADVANCED Board of Certified Direct-Entry Midwives Dana L. Brown - Fairbanks - CONFIRMATION(S) ADVANCED SENATE BILL NO. 219 "An Act relating to offenses against unborn children." - MOVED CSSB 219(JUD)am OUT OF COMMITTEE HOUSE BILL NO. 434 "An Act relating to the practice of naturopathic medicine; and providing for an effective date." - SCHEDULED BUT NOT HEARD PREVIOUS COMMITTEE ACTION BILL: SB 239 SHORT TITLE: LENGTH OF SCHOOL TERM SPONSOR(S): SENATOR(S) DYSON 01/12/04 (S) PREFILE RELEASED 1/2/04

01/12/04 (S) READ THE FIRST TIME - REFERRALS

01/12/04 (S) HES BILL: SB SHORT TITLE: OFFENSES AGAINST UNBORN CHILDREN SPONSOR(S): SENATOR(S) DYSON WITNESS REGISTER SENATOR FRED DYSON Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of SB Number 0063 CHAIR WILSON announced that the first order of business would be SENATE BILL NO. 239, "An Act relating to the required number of days in a school year." Number 0109 SENATOR FRED DYSON, Alaska State Legislature, sponsor of presented the bill to the committee and answered questions from the members. He explained that he filed 239(HES)am, SENATOR DYSON clarified that this version of the bill provides that students can attend school less than 180 days. However, students in kindergarten through third grade must have at least attending grades fourth through twelfth grades must have 900 hours of instruction and study periods. He added that any school that wishes to use this option must first obtain approval from its superintendent, school board, and then present it to the commissioner of education. Senator Dyson shared that several of the boarding schools are very interested in this option since it would allow the students to go home more often. He pointed out that there is a retroactive portion of the bill [page 2, lines 17 and 18] which addresses the problem the school that was approved by the Anchorage School District is experiencing because it was found that the plan was not currently legal under Alaska statute. He told the committee the students are now attending classes six days per week to make up for the lost time. If this bill passes with the retroactive effective day, then the school can cut back to a normal class schedule, he said. He added that the Legislative Legal and Research Services has confirmed that this retroactive clause is fine. Number 0375 CHAIR WILSON shared that she has to cousins who are teachers in Colorado where this type of schedule has been implemented as a cost savings effort. There is a savings in utility costs, she said. Chair Wilson added that the teachers love the schedule. Some parents may not like it because it may require parents to hire a babysitter while they work. SENATOR DYSON agreed that there are savings. The districts that his office has communicated with who have implemented similar plans have saved money on transportation costs, janitorial and cooking costs. He stated that as long as the students are learning what is necessary, he believes the state should allow the schools some flexibility. Number 0445 CHAIR WILSON announced for the record that Representative Cissna has joined the meeting. Number 0456 REPRESENTATIVE SEATON commented that the way he calculates a seven-hour day, the school year could be down to 130 days of schools for secondary schools, and 105 or 106 for primary schools. He asked if it is Senator Dyson intention to see that kind of reduction in attendance days. SENATOR DYSON replied that no schools that he knows of have the intention of having classes for seven hours. Once the time for recesses, lunchtime, and movement between classes is removed from the class day, the number of class hours would be far less hours than [seven hours], he added. REPRESENTATIVE SEATON pointed out that the school could go to a longer day and still only have classes 106 days per year. CHAIR WILSON reminded the members that any change in the class schedule must be approved by the superintendent, the school board, [and the commissioner of education]. She pointed out that kids can only tolerate a limited number of hours in the classroom. REPRESENTATIVE SEATON asked what is the current number of hours students attend classes. CHAIR WILSON replied six hours. REPRESENTATIVE SEATON asked for clarification on the current school year. Number 0567 REPRESENTATIVE GATTO responded that currently there are 180 days, and 170 of those days are contact days. The other 10 days are for teacher in-services, he added. REPRESENTATIVE SEATON acknowledge that there are 170 contact days per school year currently under law. This legislation would allowed for longer hours. He surmised that by increasing the classroom time by one hour per day students would attend school 106 days for elementary school and 130 days for secondary school. He asked if this is what the sponsor wished to accomplish with this bill, since he notes that the original bill only wanted the school term to be reduced to 150 days. Number 0622 SENATOR DYSON pointed to page 2, line 8, and emphasized that everything that takes place at school that is not instruction or study periods would not be included in the hour count. Number 0644 REPRESENTATIVE GATTO referred to page 2, line 8, where it says "at least" 740 hours instruction, and on page 2, line 9, says "at least" 900 hours of instruction. He said that on page 2, line 13 [and 14], there is further clarification where it says "students will receive the approximate education equivalent of a see where the bill diminishes any contact time, but simply allows the flexibility to rearrange the contact time. REPRESENTATIVE SEATON asked Senator Dyson if students currently receive 740 hours in 170 contact days. SENATOR DYSON replied that he would not say that, but suggested that is probably a good equivalent. He agreed with Representative Gatto's comments. These hours are minimums and were inserted into the bill to ensure members of the other body were comfortable with the reduction in required school days. Chair Wilson is correct in her statement that the superintendent, school board, [and commissioner of the Department of Education and Early Development] would have to approve the change in school year, he added. REPRESENTATIVE SEATON asked if representatives from the Department of Education and Early Development would speak to his question on the current assumption that 740 hours of contact time is provided in a 170-day school term. Number 0773 REPRESENTATIVE WOLF referred to page 2, line 8, where it refers to 740 hours of instruction. He commented that at six hours per day, that is 123 days. Number 0817 KEVIN SWEENEY, Special Assistant to the Commissioner, Office of the Commissioner, Department of Education and Early Development, testified on SB explained that in statute a day in session is described as at least four hours of instruction for primary grades, and at least five hours for grades four through twelve. This time excludes intermission. What was done is that 180 days was [multiplied] by four hours for the 740 hours for the primary grades and multiplied by five hours for the 900 hours required for grades four through twelve, he explained. MR. SWEENEY told the members that he just spoke to the commissioner on this bill, and explained that the department had worked with Senator Dyson to insert the 140-day requirement. However, the bill was then changed on the floor of the senate from days to hours. Mr. Sweeney emphasized that the commissioner is comfortable with this change. The commissioner will have a litmus test to ensure that the quality of the time provides the equivalent of 180 days of education, he said. It is assumed that the school board will be doing the same thing, he added. Mr. Sweeney reiterated that the commissioner supports the bill. Number 0907 CHAIR WILSON said she is also comfortable with the bill. REPRESENTATIVE GATTO pointed out that there is another important benefit for some boarding schools. For example, Nenana School District could possibly offer an education to additional children by condensing the number of days the existing student enrollment attends school. There are fixed expenses for running the school, but if the school had more children enrolled the school would receive more income as a result of the boarding school. Representative Gatto said there is a real advantage in having the opportunity to offer an education to more students at an existing site, rather than having a limited enrollment that cannot be changed. Number 0988 REPRESENTATIVE SEATON asked Representative Gatto if he means that by reducing the number of days in a term the school could run two sets of students through the same site. REPRESENTATIVE GATTO said that's correct. For example, one group of student could go to school from September to February and a second set could go from February to August. It would make it possible to have two entire classes go through the same site per year. CHAIR WILSON acknowledge that some states do just that. REPRESENTATIVE GATTO moved to report 239(HES)am was Social Services Standing Committee. ^CONFIRMATION HEARING(S) ^Board of Education and Early Development ^Alaska Mental Health Trust Authority Board of Trustees ^Board of Nursing ^Professional Teaching Practices Commission ^Board of Social Work Examiners ^Board of Certified Direct-Entry Midwives ^Board of Examiners in Optometry ^Board of Dispensing Opticians Number 1087 CHAIR WILSON announced that the next order of business would be the confirmation of the governor's appointments to boards. She told the members that the first appointment is Sylvia J. Reynolds to the Board of Education and Early Development. Chair Wilson invited Ms. Reynolds to provide opening remarks, and answer members' questions. Number 1133 SYLVIA REYNOLDS, Appointee to the Board of Education and Early Development, testified as appointee to the Board of Education and Early Development and answered questions from the members. She told the members that she believes she brings a perspective to the board on elementary and secondary education from her years of experience in the trenches. Ms. Reynolds shared that she has taught in Nome and Juneau, and is currently teaching in Kenai. That experience adds to her perspective on education issues, she said. Number 1203 REPRESENTATIVE WOLF thanked Ms. Reynolds for her willingness to serve the state. Number 1224 REPRESENTATIVE GATTO noted that Ms. Reynolds was named principal of the year in 2000. He asked her to comment on the particular achievement that merited that honor. MS. REYNOLDS responded that she does not attribute anything she did in being honored with that title. She said that it was the people she worked with who really should be honored. There were quality people at Soldotna High School. For example, one of the staff was a Milken Award winner. It was believed that it was really important to keep parents in the loop so a homework hotline was developed. The students hated it, but the parents and teachers loved it. She explained that there was easy access between teachers and parents through e-mail, so the school received a national technology award which helped. REPRESENTATIVE GATTO asked Ms. Reynolds to comment on the High School Qualifying Exam (HSGQE) and the No Child Left Behind Act (NCLB). He asked if she believes NCLB will still be in effect in three years. MS. REYNOLDS commented that those are loaded questions. She told the members that she believes the HSGQE has been watered down. It is important to have goals and standards in place, she said, but she also believes that as an educator there are many ways to get there. There are many ways of measuring a child's intelligence. Ms. Reynolds told the committee that NCLB is kind of a love/hate relationship. She said she likes it from the standpoint that it makes teachers accountable for what they are doing in the classroom. The assessments that are in place are driving reconstruction in the classroom. Teachers are being more reflective and thoughtful in what is being done with students so that they are successful, she said. Ms. Reynolds told the members that this is not the answer to everything. As an educator she feels frustrated because she sees a lot of testing taking place and if a teacher is doing the job they are suppose to be doing it robs instructional time. In closing she said that she would like to see many versions of the HSGQE. Number 1399 REPRESENTATIVE WOLF moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of Sylvia J. Reynolds, the governor's appointee to the State Board of Education and Early Development, and to recommend that her nomination be forwarded to a joint session for consideration. There being no objection, Sylvia J. Reynolds' nomination will be forwarded to the joint session for consideration. Number 1420 CHAIR WILSON announced for the record that Representative Kapsner has joined the meeting. CHAIR WILSON asked if Carol (Bunny) J. Schaeffer is available to testify. Since there was no response Chair Wilson moved on to the next appointee. CHAIR WILSON told the members that the next appointment is Dr. William H. Doolittle, to Alaska Mental Health Trust Authority Board of Trustees. Chair Wilson invited Dr. Doolittle to provide opening remarks, and answer members' questions. Number 1536 DR. WILLIAM H. DOOLITTLE, Appointee to the Alaska Mental Health Trust Authority Board of Trustees, testified as appointee to the Alaska Mental Health Trust Authority Board of Trustees and answered questions from the members. He told the members that he has practiced in internal medicine for 40 years and during that time he became acutely aware of the problems of access to mental health care. He explained that there has been a disconnect between primary care practitioners and the help that is available to patients needing mental health care. Dr. Doolittle told the committee that the Alaska Mental Health Trust Authority has a major task in bringing about the best for the most [patients]. He said he has some insights in how that might be accomplished. Number 1539 REPRESENTATIVE CISSNA commented that one problem she believes the state is experiencing is a lack of perspective of the larger view of mental health issues. She asked Dr. Doolittle what experience he has in working with providers across the state. DR. DOOLITTLE asked if she is referring specifically to mental health experience. REPRESENTATIVE CISSNA replied that mental health is part of health issues. DR. DOOLITTLE told the members that communication across that state has been very difficult. He shared that some years ago he participated in a program that was to integrate some of the efforts of physicians across the state. For three months he traveled to every community in the state, and observed the differences and became acutely aware of the difficulty in communication. He spent time determining the mechanisms by which that communication might be accomplished, he said. Word of mouth was the best way. That can take place in a number of forums, but it cannot be repeated too many times, he added. Dr. Doolittle told the members that it must be succinct, focused, and a message that will help. Number 1671 REPRESENTATIVE CISSNA moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of Dr. William H. Doolittle, the governor's appointee to the Alaska Mental Health Trust Authority Board of Trustees, and to recommend that his nomination be forwarded to a joint session for consideration. There being no objection, Dr. William H. Doolittle's nomination was forwarded to the joint session for consideration. Number 1699 CHAIR WILSON told the members that the next appointment is Tom J. Hawkins, to Alaska Mental Health Trust Authority Board of Trustees. Chair Wilson invited Mr. Hawkins to provide opening remarks, and answer members' questions. TOM J. HAWKINS, Appointee to the Alaska Mental Health Trust Authority Board of Trustees, testified as appointee to the Alaska Mental Health Trust Authority Board of Trustees and answered questions from the members. Mr. Hawkins told the members that he believes the work of the Alaska Mental Health Trust Authority is very important, and requires a lot of energy to be effective. He said he chaired the resource management committee of the trust and has been very active over the past four years. In summary, Mr. Hawkins told the members that he looks forward to bringing his resource and asset management experience to benefit these beneficiaries. REPRESENTATIVE CISSNA moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of Tom J. Hawkins, the governor's appointee to the Alaska Mental Health Trust Authority Board of Trustees, and to recommend that his nomination be forwarded to a joint session for consideration. There being no objection, Tom J. Hawkins' nomination was forwarded to the joint session for consideration. Number 1784 CHAIR WILSON told the members that the next appointment is James E. Jurrens, to Board of Nursing. Chair Wilson invited Mr. Jurrens to provide opening remarks, and answer members' questions. JAMES E. JURRENS, Appointee to the Board of Nursing, testified as appointee to the Board of Nursing and answered questions from the members. He told the members that he has served on the board for the last year to fill a vacated position. Mr. Jurrens explained that he has represented nursing and has served in the trenches in hospital settings. He added that he is from Juneau and represents Southeast Alaska. Number 1826 REPRESENTATIVE GATTO asked about the dates of Mr. Jurrens academic record. He inquired if the dates were earlier than MR. JURRENS responded that all of his academics were much earlier than that. He explained that he finished nursing school in 1985 and has been in the field of nursing since then. He commented that there is always on-going work that must be done to keep nursing credentials, but that is not in a university setting. REPRESENTATIVE GATTO asked if he is currently employed at Bartlett Regional Hospital. MR. JURRENS said yes. He told the members that he is the surgical service manager there. REPRESENTATIVE CISSNA noted that Mr. Jurrens served as a traveling nurse several times out of state. She told Mr. Jurrens that she appreciates that he has served on the board for a year and asked him to comment on his views in terms of the nursing needs of the state as a whole. MR. JURRENS commented that his wife is also a nurse. He told the members that he spent eight months as a traveling nurse working in Fairbanks in the operating room and has worked the last three years in Juneau. Mr. Jurrens told the members that his service for the last year on the Board of Nursing has made him aware of the need for nursing in the Bush areas. One of the issues the board worked on was dealing with the delegation to the unlicensed assistant personnel. At the end of the April that project was finished and has been sent to the Department of Law. The board is hopeful it will be approved, he added. His service on the board for the last year has provided him with a view of how varied the nursing needs are across the state, from Providence Hospital to the smaller communities such as Bethel and Barrow, he said. Number 1983 REPRESENTATIVE CISSNA moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of James E. Jurrens, the governor's appointee to the Board of Nursing, and to recommend that his nomination be forwarded to a joint session for consideration. There being no objection, James E. Jurrens' nomination was forwarded to the joint session for consideration. Number 2008 CHAIR WILSON told the members that the next appointment is Kimberly Jockusch, to the Professional Teaching Practices Commission. Chair Wilson invited Ms. Jockusch to provide opening remarks, and answer members' questions. KIMBERLY JOCKUSCH, Appointee to the Professional Teaching Practices Commission, testified as appointee to the Professional Teaching Practices Commission and answered questions from the members. She told the members that she has worked for the Professional Teaching Practices Commission this past year. Ms Jockusch said that she has always believed that it is critical for educators to monitor their own profession. This past year has been a very valuable experience in doing that, she added. REPRESENTATIVE GATTO noted that her resume reflects a lot of movement within the Anchorage School District. He asked her to comment on that. Number 2075 MS. JOCKUSCH explained that early in her career she was subject to involuntary transfers. She said that as her family situation changed she went from a full-time position to a half-time position, and then as her family grew, she returned to a full- time position. Recently she changed schools to have an opportunity to teach a two-year kindergarten to first grade position. REPRESENTATIVE GATTO asked if any of the involuntary transfers were a result of an action against her. MS. JOCKUSCH replied no. She told the members that the involuntary transfers early in her career were a result of reductions in staffing and reassignment to other teaching positions in the district. Number 2125 REPRESENTATIVE GATTO moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of Kimberly Jockusch, the governor's appointee to the Professional Teaching Practices Commission, and to recommend that her nomination be forwarded to a joint session for consideration. There being no objection, Kimberly Jockusch's nomination was forwarded to the joint session for consideration. Number 2211 CHAIR WILSON told the members that the next appointment is Dr. Donna Peterson, to the Professional Teaching Practices Commission. Chair Wilson invited Dr. Peterson to provide opening remarks, and answer members' questions. DR. DONNA PETERSON, Appointee to the Professional Teaching Practices Commission, testified as appointee to the Professional Teaching Practices Commission and answered questions from the members. She told the members that she has served for three years on the Professional Teaching Practices Commission. Dr. Peterson said it has been a learning experience and believes it is a very necessary committee in the state. REPRESENTATIVE WOLF told the members that Dr. Peterson is the superintendent of schools for the Kenai Peninsula Borough School District. He asked if there are 1,800 employees working for the school district, rather than 1,700. DR. PETERSON replied that there are about 700 certified staff, substitute teachers. When the district counted the W-2 forms at the end of the year 2,400 was the top number, she said. REPRESENTATIVE WOLF told the committee that Dr. Peterson is an excellent superintendent and highly recommends her for appointment to the Professional Teaching Practices Commission. REPRESENTATIVE GATTO noted that some of her certificates expire in 2004 and asked if she will be getting them renewed. DR. PETERSON responded that she completed the three credits that were required for one certificate so that certificate has already been renewed. She added that she has type B certificate that expires in December and she already has plans in place for completing that renewal. She explained that certificate holders are only allowed to apply for renewal six months prior to expiration. CHAIR WILSON said she knows Dr. Peterson personally and knows she is doing an excellent job. REPRESENTATIVE WOLF moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of Dr. Donna Peterson, the governor's appointee to the Professional Teaching Practices Commission, and to recommend that her nomination be forwarded to a joint session for consideration. There being no objection, Dr. Donna Peterson's nomination was forwarded to the joint session for consideration. Number 2315 CHAIR WILSON told the members that the next appointment is Darrell Allman, to the Board of Social Work Examiners. Chair Wilson invited Mr. Allman to provide opening remarks, and answer members' questions. DARRELL ALLMAN, Appointee to the Board of Social Work Examiners, testified as appointee to the Board of Social Work Examiners and answered questions from the members. He told the committee that he looks forward to serving on the board because he has reached a place in his professional development that it is time for him to give something back to his profession. This is one way he hopes to serve, he said. REPRESENTATIVE CISSNA noted that Mr. Allman has significant experience with the Southcentral Foundation. She said she knows there has been huge growth in traditional and conventional services to Rural Alaska. She asked Mr. Allman about the work he has done there. TAPE 04-39, SIDE B Number 2352 MR. ALLMAN agreed that the Southcentral Foundation has continued to grow since he joined the organization. He explained that the programs that he was involved with dealt with the severely mentally ill. A lot of the clients are not able to have their needs met out in the villages of Rural Alaska so many of these people are brought to Anchorage for services. Mr. Allman added that the Division of Behavioral Health is trying to improve the delivery system in rural communities. REPRESENTATIVE GATTO noted that part of his education includes biomedical science fellowship in substance abuse from the U.S. Air Force Medical Center. He asked Mr. Allman if he believes the increase in the price of tobacco will reduce the rate of consumption of tobacco products. Representative Gatto asked for him to address the question in two parts, one for teenagers and the other for non-teenagers. Number 2295 MR. ALLMAN responded that he is a non-smoker, but his brother smoked for 37 years. His brother use to say that when the cost reaches $2 per pack he will quit. When the price hit the $4 mark he made a concerted effort to stop and was successful. Mr. Allman said that he believes teenagers will seek out things to experiment with no matter what the cost. He said he does not believe raising the price will deter teenagers from trying cigarettes. However, it may decrease the amount of times teenagers experiment with it. With respect to adults, he added that the economic factor hits all of us. REPRESENTATIVE GATTO asked Mr. Allman to comment on the biomedical research he read on the beneficial influence of increased costs on incidence of tobacco use. MR. ALLMAN replied that he cannot speak to that point. He told the committee that his specific training was primarily in alcohol and drug addiction. Nicotine addiction was not the focus at that time, he commented. REPRESENTATIVE GATTO moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of Darrell Allman, the governor's appointee to the Board of Social Work Examiners, and to recommend that his nomination be forwarded to a joint session for consideration. There being no objection, Darrell Allman's nomination was forwarded to the joint session for consideration. CHAIR WILSON told the members that the next appointment is Mildred D. Townsend, to the Board of Social Work Examiners. Chair Wilson invited Ms. Townsend to provide opening remarks, and answer members' questions. MILDRED D. TOWNSEND, Appointee to the Board of Social Work Examiners, testified as appointee to the Board of Social Work Examiners and answered questions from the members. She told the committee that she believes her experience working for the Municipality of Anchorage for five years as a counselor would be valuable to the board. REPRESENTATIVE CISSNA said she knows that Ms. Townsend has many years of experience beyond the paid position at the Municipality of Anchorage and has been active in the community. She asked Ms. Townsend to speak to the broader issues facing the state. MS. TOWNSEND told the members that she has a great concern for the senior and handicapped populations, especially with respect to transportation. However, the greatest priority is housing for these populations, she said. Number 2037 REPRESENTATIVE CISSNA moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of Mildred D. Townsend, the governor's appointee to the Board of Social Work Examiners, and to recommend that her nomination be forwarded to a joint session for consideration. There being no objection, Mildred D. Townsend's nomination was forwarded to the joint session for consideration. Number 2010 CHAIR WILSON told the members that the next appointment is Sharon Evans, to the Board of Certified Direct-Entry Midwives. Chair Wilson invited Ms. Evans to provide opening remarks, and answer members' questions. SHARON EVANS, Appointee to the Board of Certified Direct-Entry Midwives, testified as appointee to the Board of Certified Direct-Entry Midwives and answered questions from the members. She told the members that she believes her experience as a midwife and service on the board will be helpful to the board. Midwives have a lot to offer Alaska, she said. CHAIR WILSON asked her how many babies she has delivered. MS. EVANS said she stopped counting about 10 years ago at 600 babies. REPRESENTATIVE GATTO asked if delivering 600 babies would qualify her to serve on this board. MS. EVANS replied that she is aware of the qualifications that would be beneficial to the licensing board for midwives. REPRESENTATIVE GATTO asked if Ms. Evans' experience would lead her to improve or be concerned about midwife qualifications. He asked her to comment on her focus with respect to midwives. MS. EVANS responded that she believes the regulations with respect to midwives be workable and fair, but also need to protect the public from bad practices. REPRESENTATIVE GATTO asked if there is an organization that opposes the midwife profession. MS. EVANS told the members that midwifery is highly political. There have been conflicts with the American College of Nurse/Midwives and physicians specializing in obstetrics and gynecology (OB/GYN), but there are also allies, she commented. Number 1889 REPRESENTATIVE GATTO moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of Sharon Evans, the governor's appointee to the Board of Certified Direct-Entry Midwives, and to recommend that her nomination be forwarded to a joint session for consideration. There being no objection, Sharon Evans' nomination was forwarded to the joint session for consideration. Number 1850 CHAIR WILSON told the members that the next appointment is Dana Brown, to the Board of Certified Direct-Entry Midwives. She noted that Ms. Brown is not available to testify at this time. Number 1825 CHAIR WILSON told the members that the next appointment is Dr. Jill Geering Matheson, to the Board of Examiners in Optometry. Chair Wilson invited Dr. Geering Matheson to provide opening remarks, and answer members' questions. DR. JILL GEERING MATHESON, Appointee to the Board of Examiners in Optometry, testified as appointee to the Board of Examiners in Optometry and answered questions from the members. She told the members that she has been practicing in Alaska for 12 years and believes she is at a point in her career where she can serve on the board of optometry. Dr. Geering Matheson said it is important to monitor the profession and keep standards high. REPRESENTATIVE GATTO asked if she sees a conflict between ophthalmologists and optometrists. DR. GEERING MATHESON replied that she is sure the committee is aware of the conflict that exists because optometrists would like to expand their practice to prescribe some oral medications. There are ophthalmologists that oppose that move, she said. Dr. Geering Matheson added that there are many optometrists and ophthalmologist who work side-by-side on a daily basis. REPRESENTATIVE GATTO asked what her position would be on that issue as a member of the Board of Examiners in Optometry. DR. GEERING MATHESON responded that as an optometrist she is very supportive of the expansion into prescribing oral medications and supports current legislation. However, as a board member she would have to stay on neutral ground on that issue, she commented. Number 1734 REPRESENTATIVE GATTO moved that the House Health, Education and Social Services Standing Committee has reviewed the qualifications of Dr. Jill Geering Matheson, the governor's appointee to the Board of Examiners in Optometry, and to recommend that her nomination be forwarded to a joint session for consideration. There being no objection, Dr. Jill Geering Matheson's nomination was forwarded to the joint session for consideration. Number 1705 CHAIR WILSON told the members that the next appointment is Dr. Jeff Gonnason, to the Board of Examiners in Optometry. Chair Wilson invited Dr. Gonnason to provide opening remarks, and answer members' questions. DR. JEFF GONNASON, Appointee to the Board of Examiners in Optometry, testified as appointee to the Board of Examiners in Optometry and answered questions from the members. He told the members that he has previously served on the board from 1985 to CHAIR WILSON asked what kinds of issues come before the board. DR. GONNASON replied that the board's main intent is to provide for the public's protection by assuring that licensees are competent and qualified. The board presides over the licensure examinations and also has hearings on complaints against any of the licensee. Number 1673 REPRESENTATIVE KAPSNER asked what his views are on the debate between optometrists and ophthalmologists. She asked if he would be taking a stand on the issue as a board member. DR. GONNASON responded that the board has always provided an official statement for or against legislation that affects the profession. The board has always voted to support updating the Alaska optometry laws. He explained that in statute optometrists are required to adhere to the latest and newest education and training that is available. Across the country since 1970 optometrists have been trained at the same level as dentists and physicians, at the doctorate level. Many of the states have taken a long time to update their statutes to allow optometrist to practice at their highest level of training, Dr. Gonnason said. Currently Hawaii just passed a law allowing optometrists to prescribe oral medications, the governor vetoed it, and the legislature over rode that veto. He told the committee that Alaska is the only state west of Mississippi that does not allow optometrist to use more than just eye drops. Dr. Gonnason summarized that the board will pass a resolution whether or not it supports expansion to prescribe some oral medications. As a board member his duty would be to ensure that anyone doing procedures or prescribing medication is qualified to do so, Dr. Gonnason said. REPRESENTATIVE KAPSNER asked Dr. Gonnason if he would clarify whether he would be promoting optometrists expanded privileges to prescribe oral medication. Number 1560 DR. GONNASON replied that he would not be promoting it. He explained that every time a bill is drafted in the legislature that affects the profession, it will be discussed and the board will pass a resolution as to whether it supports or opposes any legislation. The current board is on record as unanimously supporting current legislation [Practical Skills Guide for Midwifery textbook. He told the members that he has no objection to Ms. Brown's appointment. REPRESENTATIVE WOLF removed his objection. He told the members that he believes the dated letter reflects a lack of interest. REPRESENTATIVE GATTO commented that Ms. Brown is probably busy delivering babies. REPRESENTATIVE CISSNA commented that Ms. Brown may not be in an urban setting where she has access to a computer. REPRESENTATIVE GATTO said that Ms. Brown's resume is excellent, but a cover letter that is that old looks strange. There being no further objection, Dana L. Brown's nomination was forwarded to the joint session for consideration. Number 1008 CHAIR WILSON announced that the committee is recessed to the call of the chair at 4:00 p.m. The meeting was reconvened at 6:30 p.m. SB Number 0953 CHAIR WILSON announced that the next order of business would be SENATE BILL NO. 219, "An Act relating to offenses against unborn children." REPRESENTATIVE KAPSNER asked what the next committee of referral is for SB 219 CHAIR WILSON responded the House Judiciary Standing Committee is the next committee of referral. Number 0898 SENATOR FRED DYSON, sponsor of Roe v. Wade decision. He explained that he has a half a dozen legal decisions from state supreme courts and a couple of legal scholars which say this law will not have any impact on that decision. Senator Dyson offered to make those decisions available to the members. This legislation will not be used to undo Roe v. Wade, he stated. CHAIR WILSON explained that she believes the problem occurred when there was a misstatement made when Senator Dyson responded to Representative Cissna's question. Senator Dyson referred to "unwanted children" in his response, however, Chair Wilson said, she believes he intended to say "wanted children." SENATOR DYSON replied that is possible. Number 0919 KAREN VOSBURGH, Executive Director, Alaska Right to Life, testified in support of 219(JUD)am was Social Services Standing Committee by a vote of 5-1. CHAIR WILSON asked Senator Dyson to look at the concerns mentioned by the members and talk with the House Judiciary Standing Committee chairman to ensure no unintended consequences occur. REPRESENTATIVE WOLF also asked for Senator Dyson to look closely at the language he pointed out. SENATOR DYSON thanked the committee. He commented that Senator Guess and he have worked together to try to increase the penalties for violence against women and domestic violence. However, those changes would not fit under this title and there were not enough votes [in the other body] for a title change, he explained. Senator Guess and he have agreed to work on this issue during the interim and bring back a bill on it next year, he said. ADJOURNMENT There being no further business before the committee, the House Health, Education and Social Services Standing Committee meeting was adjourned at 7:15 p.m.

Document Name Date/Time Subjects

05/04/2004 02:38 PM House HES

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