Legislature(2003 - 2004)
03/11/2003 03:00 PM House HES
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ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
March 11, 2003
3:00 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Carl Gatto, Vice Chair
Representative Cheryll Heinze
Representative Paul Seaton
Representative Kelly Wolf
Representative Sharon Cissna
Representative Mary Kapsner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 135
"An Act relating to marital and family therapists."
- MOVED CSHB 135(HES) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 13
Urging adoption of the Alaska recommendations for implementing
the No Child Left Behind Act of 2001.
- MOVED CSHJR 13(HES) OUT OF COMMITTEE
HEARING ON THE REORGANIZATION OF THE DEPARTMENT OF HEALTH &
SOCIAL SERVICES
- HEARD [See 3:35 p.m. minutes for this date]
PREVIOUS ACTION
BILL: HB 135
SHORT TITLE:MARITAL & FAMILY THERAPISTS
SPONSOR(S): REPRESENTATIVE(S)WILSON
Jrn-Date Jrn-Page Action
02/26/03 0307 (H) READ THE FIRST TIME -
REFERRALS
02/26/03 0307 (H) L&C, HES
03/05/03 (H) L&C AT 3:15 PM CAPITOL 17
03/05/03 (H) Moved Out of Committee
MINUTE(L&C)
03/07/03 0464 (H) L&C RPT 5DP 1AM
03/07/03 0464 (H) DP: GATTO, CRAWFORD,
DAHLSTROM,
03/07/03 0464 (H) ROKEBERG, ANDERSON; AM: LYNN
03/07/03 0464 (H) FN1: ZERO(CED)
03/07/03 0464 (H) REFERRED TO HES
03/11/03 (H) HES AT 3:00 PM CAPITOL 106
BILL: HJR 13
SHORT TITLE:FEDERAL EDUCATION LAW OF 2001
SPONSOR(S): EDUCATION
Jrn-Date Jrn-Page Action
03/05/03 0415 (H) READ THE FIRST TIME -
REFERRALS
03/05/03 0415 (H) HES
03/05/03 0415 (H) REFERRED TO HES
03/11/03 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
LARRY HOLMAN, Chair
Board of Marital and Family Therapy
Anchorage, Alaska
POSITION STATEMENT: Testified via teleconference in support of
HB 135 and answered questions from the members.
SUSAN ARTH, Division President
Alaska Association for Marriage and Family Therapy
Anchorage, Alaska
POSITION STATEMENT: Testified in via teleconference support of
HB 135 and answered questions from the members.
BILL PLATTE, Licensed Marital and Family Therapist
Member, Board of Marital and Family Therapy
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 135 and answered
questions from the members.
MARY FRANCIS, Ph.D., Executive Director
Alaska Council of School Administrators
Juneau, Alaska
POSITION STATEMENT: Testified in support of HJR 13 on behalf of
the Alaska Council of School Administrators.
ACTION NARRATIVE
TAPE 03-23, SIDE A
Number 0001
CHAIR PEGGY WILSON called the House Health, Education and Social
Services Standing Committee meeting to order at [3:00 p.m.].
Representatives Wilson, Gatto, Wolf, and Seaton were present at
the call to order. Representatives Heinze, Cissna, and Kapsner
arrived as the meeting was in progress.
HB 135-MARITAL & FAMILY THERAPISTS
CHAIR WILSON announced that the first order of business would be
HOUSE BILL NO. 135, "An Act relating to marital and family
therapists."
CHAIR WILSON passed the gavel to Vice Chair Gatto so that she
could present HB 135.
Number 0072
CHAIR WILSON, sponsor of HB 135, informed the committee that HB
135 was requested by the Alaska Association for Marriage and
Family Therapy. The Board of Marital and Family Therapy has
been in place for 10 years. She explained that the board wants
to update its statutory language, and therefore it conducted a
nationwide study to determine what changes need to be made to
bring Alaska's marital and family therapists up to national
standards. Most of HB 135 is housekeeping, although a few areas
include substantial changes. Chair Wilson then provided the
following sectional analysis.
CHAIR WILSON explained that Section 1 adds the Board of Marital
and Family Therapy to the list of boards that are able to
receive state contracts for treatment, which is of particular
importance for the less populated areas of the state.
Number 0193
CHAIR WILSON said Section 2 specifies that the board may order a
marital and family therapist to submit to examinations in order
to determine if the therapist is capable of safe practices. The
aforementioned usually takes place if there has been a complaint
and probable cause exists.
CHAIR WILSON continued with Section 3, which changes the time
requirement for licensure from three years to 1,500 working
hours, including one-on-one counseling.
CHAIR WILSON explained that Section 4 makes exceptions to the
confidentiality rule when there is a threat of physical harm to
an identified victim or when there is a disclosure by a licensed
health care professional leading to a belief that the therapist
is acting in an unethical manner. The language change [in
Section 4] is standard language in the statutes pertaining to
social workers and psychiatrists.
CHAIR WILSON told the members that Section 5, which includes a
substantial change, prohibits sexual misconduct between a client
and therapist for two years after the last treatment, which is
standard statutory language for health care professionals in
Alaska. For social workers, there can be no sexual contact with
a client for a lifetime.
Number 0337
CHAIR WILSON continued with Section 6, which allows for
suspension of the license if the examination discussed in
Section 2 is refused.
CHAIR WILSON said Section 7 requires that family and marital
therapists disclose working information, such as fees and
exceptions to confidentiality.
CHAIR WILSON told the members that the last section, Section 8,
specifies that those without proper training cannot act as
marital and family therapists.
CHAIR WILSON directed attention to Section 7 on page 5, line 8.
She informed the committee that during the hearing [March 5,
2003, House Labor and Commerce Standing Committee]
Representative Gatto questioned whether any family therapist
could disclose working information or whether it had to be a
licensed family therapist.
Number 0426
VICE CHAIR GATTO moved to adopt an amendment that would delete
"for marital and family therapy services" on page 5, lines 9-10,
and that would insert "by a licensed marital and family
therapist".
Number 0495
LARRY HOLMAN, Chair, Board of Marital and Family Therapy,
testified in support of HB 135 and answered questions from the
members. He asked the members to look at paragraph (6) of
Section 4 on page 4. He explained that if a client reports to
the Board of Marital and Family Therapy that a mental health
practitioner has done something unethical and unlawful, the
board would be able to report the conduct to the licensing board
without being liable for violating the confidentiality law by
which [the Board of Marital and Family Therapy] is bound.
MR. HOLMAN explained that HB 135 came about as a result of a
collaboration between the regulatory board and the Alaska
Association for Marriage and Family Therapy. The board backs HB
135 because it provides better protection for the public and
brings the Board of Marital and Family Therapy up to the same
standards as other mental health boards in state and nationally
as well. Mr. Holman pointed out that some of the standards are
crucial due to the associated potential for harm, particularly
in the area of sexual misconduct. Mr. Holman concluded by
saying the board and the association support HB 135.
VICE CHAIR GATTO asked if Mr. Holman felt that disallowing
sexual contact between a therapist and a client for two years
would be sufficient time.
MR. HOLMAN replied that he believes two years is sufficient.
Number 0735
SUSAN ARTH, Division President, Alaska Association for Marriage
and Family Therapy, testified in support of HB 135. She told
the committee the association strongly supports this
legislation, which would bring professionals into clearer
compliance with other states' ethical standards.
Number 0800
REPRESENTATIVE SEATON renewed Vice Chair Gatto's motion to adopt
an amendment on page 5, lines 9-10. There being no objection,
it was so ordered.
Number 0838
BILL PLATTE, Licensed Marital and Family Therapist; Member,
Board of Marital and Family Therapy, testified in support of HB
135 and offered to answer questions from the committee.
REPRESENTATIVE SEATON said the committee was just dealing with a
bill which adds clergy to the categories that are required to
report child abuse, neglect, and sexual misconduct. He said
that on page 3 of this bill it refers only to reporting of
physical harm to intended victims. He asked if marital and
family therapists are required to report cases of child abuse.
MR. PLATTE replied yes.
REPRESENTATIVE SEATON commented that child abuse must be covered
under another statute.
MR. PLATTE responded that is correct.
VICE CHAIR GATTO asked if there is anyone who is not required to
report child abuse.
MR. PLATTE responded that he did not believe so. He said he
believes everyone has to report child abuse. He noted that in
some countries even a fellow citizen is obligated to report
child abuse.
VICE CHAIR GATTO announced for the record that Representatives
Cissna and Heinze have joined the meeting.
Number 0979
REPRESENTATIVE SEATON moved to report HB 135, as amended, out of
committee with individual recommendations and the accompanying
zero fiscal notes. There being no objection, CSHB 135(HES) was
reported from the House Health, Education and Social Services
Standing Committee.
[Vice Chair Gatto returned the gavel to Chair Wilson.]
HJR 13-FEDERAL EDUCATION LAW OF 2001
CHAIR WILSON announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 13, Urging adoption of the Alaska
recommendations for implementing the No Child Left Behind Act of
2001.
Number 1044
REPRESENTATIVE GATTO, speaking as the chair of the House Special
Committee on Education, the sponsor of HJR 13, read the
following statement:
We urge adoption of the Alaska recommendations for
implementing the No Child Left Behind Act of 2001.
The No Child Left Behind Act [NCLB Act] is a mammoth
piece of federal legislation the implications of which
encompass nearly every facet of the educational system
in the state of Alaska. The implementation of the
NCLB Act is a daunting task for every state; however,
it is vital that the federal Department of Education
recognize the true uniqueness of Alaska.
The Alaska Department of Education and Early
Development have been working on Alaska's application
for two years and have submitted a proposal for peer
review. It is important that Alaska be allowed to
develop a plan which works well in this extremely
large and diverse state that we live in. I ask your
support of HJR 13, which urges prompt approval of the
Alaska consolidated state application accountability
workbook so that the children of Alaska may experience
the full benefits that the No Child Left Behind Act
promises for each and every child.
Number 1116
REPRESENTATIVE KAPSNER began discussion of Amendment 1, and
directed the committee's attention to page 2, lines 11-14. She
inquired as to why the example uses the North Slope Borough
School District. She expressed the desire to refrain from
pointing to one school district. Therefore, she suggested
deleting language beginning on page 2, lines 11-14. Start
deleting language beginning with "; for example," and continue
to the end of line 14 where it ends with a ";", she suggested.
CHAIR WILSON suggested just deleting the name of the school
district. She said she believes the reason the aforementioned
language was included was to prove that Alaska is truly unique.
REPRESENTATIVE KAPSNER said she see Chair Wilson's point and
agreed to the deletion of the name of the school district.
The committee took a brief at-ease from 3:18 p.m. to 3:20 p.m.
Number 1225
CHAIR WILSON moved that the committee adopt the following as
Amendment 1:
Page 2, line 11
Delete "the North Slope Borough School"
Insert "one"
Page 2, line 13
Delete "the"
Insert "this"
Page 2, line 14
Delete "North Slope"
Insert "school district"
There being no objection, Amendment 1 was adopted.
Number 1285
MARY FRANCIS, Ph.D., Executive Director, Alaska Council of
School Administrators, began by informing the committee that she
represents all of the superintendents, school principals, and
business officials in the state. Dr. Francis said she believes
HJR 13 is an excellent resolution. She noted that the
department has submitted the concerns the State of Alaska has
with regard to the implementation of the federal law. She
pointed out that the federal legislation is difficult for more
than just the rural and remote districts. For example, she told
the committee that the previous president of the State Board of
Education [and Early Development] is a longtime teacher, 30-35
years, in the Fairbanks School District, and under the new
guidelines she would not be considered a highly qualified
teacher, even though she has been recognized as one of the
finest teachers in the state. Dr. Francis noted the Alaska
Council of School Administrators supports of HJR 13, and she
urged its passage.
Number 1377
REPRESENTATIVE HEINZE moved to report HJR 13, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHJR 13(HES) was
reported from the House Health, Education and Social Services
Standing Committee.
ADJOURNMENT
The committee took a brief at-ease at approximately 3:25 p.m. in
order for the committee to prepare for the hearing on the
reorganization of the Department of Health & Social Services.
[For the hearing on the reorganization of the Department of
Health & Social Services, see the 3:35 p.m. minutes for this
date.]
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