Legislature(1999 - 2000)
05/14/1999 03:24 PM House L&C
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
May 14, 1999
3:24 p.m.
MEMBERS PRESENT
Representative Norman Rokeberg, Chairman
Representative Andrew Halcro, Vice Chairman
Representative Jerry Sanders
Representative Lisa Murkowski
Representative John Harris
Representative Tom Brice
Representative Sharon Cissna
MEMBERS ABSENT
All members present
OTHER MEMBERS PRESENT
Representative Eric Croft
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 29(RLS)
"An Act relating to licensure of physicians; and providing for an
effective date."
- MOVED CSSB 29(RLS) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 71(RLS) am
"An Act relating to licensure by the State Medical Board."
- MOVED HCS CSSB 71(HES) OUT OF COMMITTEE
* HOUSE BILL NO. 239
"An Act relating to the Uniform Commercial Code; relating to
secured transactions; amending Rule 79, Alaska Rules of Civil
Procedure; and providing for an effective date."
- HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE
* HOUSE BILL NO. 130
"An Act adding limited liability companies and limited liability
partnerships to the organizations that can be authorized to
practice architecture, engineering, land surveying, and landscape
architecture; and relating to state and municipal contracts for
architectural, engineering, land surveying, and landscape
architectural services."
- MOVED HB 130 OUT OF COMMITTEE
HOUSE BILL NO. 226
"An Act relating to credited service under the teachers' retirement
system for education employees on leave without pay or receiving
workers' compensation benefits because of certain on-the-job
injuries."
- MOVED CSHB 226(HES) OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: SB 29
SHORT TITLE: REQUIREMENTS FOR PHYSICIAN'S LICENSE
SPONSOR(S): SENATOR(S) WARD
Jrn-Date Jrn-Page Action
1/20/99 28 (S) READ THE FIRST TIME - REFERRAL(S)
1/20/99 28 (S) L&C, FIN
2/04/99 (S) L&C AT 1:30 PM FAHRENKAMP RM 203
2/04/99 (S) BILL POSTPONED
2/11/99 (S) L&C AT 1:30 PM FAHRENKAMP RM 203
2/11/99 (S) HEARD AND HELD
2/11/99 (S) MINUTE(L&C)
2/25/99 (S) L&C AT 1:30 PM FAHRENKAMP RM 203
2/25/99 (S) MOVED CS(L&C) OUT OF COMMITTEE
2/25/99 (S) MINUTE(L&C)
2/26/99 374 (S) L&C RPT CS 1DP 3NR SAME TITLE
2/26/99 374 (S) NR: MACKIE, TIM KELLY, DONLEY;
2/26/99 374 (S) DP: LEMAN
2/26/99 374 (S) ZERO FISCAL NOTE (DCED)
4/21/99 (S) FIN AT 8:00 AM SENATE FINANCE 532
4/21/99 (S) SCHEDULED BUT NOT HEARD
4/29/99 (S) FIN AT 9:00 AM SENATE FINANCE 532
4/29/99 (S) MOVED CS(L&C) OUT OF COMMITTEE
4/29/99 (S) RLS AT 11:50 AM FAHRENKAMP 203
4/29/99 (S) MINUTE(FIN)
4/29/99 (S) MINUTE(RLS)
4/29/99 1168 (S) FIN RPT 3DP 4NR (L&C)CS
4/29/99 1168 (S) DP: TORGERSON, GREEN, PETE KELLY;
4/29/99 1168 (S) NR: PHILLIPS, ADAMS, DONLEY, WILKEN
4/29/99 1168 (S) PREVIOUS ZERO FN (DCED)
5/03/99 (S) RLS AT 12:45 PM FAHRENKAMP 203
5/03/99 (S) MINUTE(RLS)
5/04/99 1221 (S) RLS TO CAL W/CS 5/4/99 SAME TITLE
5/04/99 1221 (S) PREVIOUS ZERO FN (DCED)
5/04/99 1224 (S) READ THE SECOND TIME
5/04/99 1224 (S) RLS CS ADOPTED UNAN CONSENT
5/04/99 1224 (S) ADVANCED TO THIRD READING
5/04/99 1224 (S) UNAN CONSENT
5/04/99 1224 (S) READ THE THIRD TIME CSSB 29(RLS)
5/04/99 1225 (S) PASSED Y19 N- E1
5/04/99 1225 (S) EFFECTIVE DATE(S) SAME AS PASSAGE
5/04/99 1225 (S) ELLIS NOTICE OF RECONSIDERATION
5/05/99 1260 (S) RECON TAKEN UP - IN THIRD READING
5/05/99 1260 (S) PASSED ON RECONSIDERATION Y19 N1
5/05/99 1261 (S) EFFECTIVE DATE(S) SAME AS PASSAGE
5/05/99 1262 (S) TRANSMITTED TO (H)
5/06/99 1193 (H) READ THE FIRST TIME - REFERRAL(S)
5/06/99 1193 (H) L&C
5/10/99 (H) L&C AT 3:15 PM CAPITOL 17
5/10/99 (H) SCHEDULED BUT NOT HEARD
5/12/99 (H) L&C AT 3:15 PM CAPITOL 17
5/12/99 (H) HEARD AND HELD
5/12/99 (H) MINUTE(L&C)
5/14/99 (H) L&C AT 3:15 PM CAPITOL 17
BILL: SB 71
SHORT TITLE: PHYSICIAN LICENSURE CHANGES
SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES
Jrn-Date Jrn-Page Action
2/11/99 227 (S) READ THE FIRST TIME - REFERRAL(S)
2/11/99 227 (S) HES, L&C
4/07/99 (S) HES AT 1:30 PM BUTROVICH 205
4/07/99 (S) SCHEDULED BUT NOT HEARD
4/12/99 (S) HES AT 1:30 PM BUTROVICH 205
4/12/99 (S) MOVED CS(HES) OUT OF COMMITTEE
4/12/99 (S) MINUTE(HES)
4/13/99 899 (S) HES RPT CS 4DP 1NR SAME TITLE
4/13/99 899 (S) DP: MILLER, WILKEN, ELTON,
4/13/99 899 (S) PETE KELLY; NR: PEARCE
4/27/99 (S) L&C AT 1:30 PM BELTZ 211
4/27/99 (S) HEARD AND HELD
4/28/99 1149 (S) ZERO FISCAL NOTE (DCED)
4/29/99 (S) L&C AT 1:30 PM BELTZ 211
4/29/99 (S) MOVED CS(L&C) OUT OF COMMITTEE
4/29/99 (S) MINUTE(L&C)
4/30/99 1184 (S) L&C RPT CS 2DP 1NR SAME TITLE
4/30/99 1184 (S) DP: MACKIE, TIM KELLY; NR: DONLEY
4/30/99 1184 (S) PREVIOUS ZERO FN (DCED)
5/03/99 (S) RLS AT 12:45 PM FAHRENKAMP 203
5/03/99 (S) MINUTE(RLS)
5/04/99 1222 (S) RLS TO CAL W/CS & 1 OR 5/4 SAME TITLE
5/04/99 1222 (S) PREVIOUS ZERO FN (DCED)
5/04/99 1225 (S) READ THE SECOND TIME
5/04/99 1225 (S) RLS CS ADOPTED UNAN CONSENT
5/04/99 1225 (S) ADVANCED TO THIRD READING
5/04/99 1225 (S) UNAN CONSENT
5/04/99 1225 (S) READ THE THIRD TIME CSSB 71(RLS)
5/04/99 1226 (S) PASSED Y18 N1 E1
5/04/99 1226 (S) MILLER NOTICE OF RECONSIDERATION
5/05/99 1261 (S) HELD ON RECONSIDERATION TO 5/6
5/06/99 1279 (S) RECON TAKEN UP - IN THIRD READING
5/06/99 1279 (S) RETURN TO SECOND FOR AM 1
5/06/99 1279 (S) UNAN CONSENT
5/06/99 1279 (S) AM NO 1 ADOPTED UNAN CONSENT
5/06/99 1280 (S) AUTOMATICALLY IN THIRD READING
5/06/99 1280 (S) PASSED Y16 N- A4
5/06/99 1281 (S) TRANSMITTED TO (H)
5/07/99 1222 (H) READ THE FIRST TIME - REFERRAL(S)
5/07/99 1222 (H) HES, L&C
5/11/99 (H) HES AT 3:00 PM CAPITOL 106
5/11/99 (H) <BILL POSTPONED TO 5/13>
5/12/99 (H) L&C AT 3:15 PM CAPITOL 17
5/12/99 (H) <BILL POSTPONED TO 5/14>
5/13/99 (H) HES AT 3:00 PM CAPITOL 106
5/13/99 (H) <BILL POSTPONED TO 5/14>
5/14/99 (H) HES AT 8:30 AM CAPITOL 106
5/14/99 (H) MOVED HCS CSSB 71(HES) OUT OF
5/14/99 (H) COMMITTEE
5/14/99 (H) MINUTE(HES)
5/14/99 1404 (H) HES RPT HCS(HES) 5DP
5/14/99 1405 (H) DP: GREEN, DYSON, WHITAKER, BRICE,
5/14/99 1405 (H) COGHILL
5/14/99 1405 (H) SENATE ZERO FISCAL NOTE (DCED)
5/14/99 1405 (H) 4/28/99
5/14/99 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 239
SHORT TITLE: UCC SECURED TRANSACTIONS
SPONSOR(S): REPRESENTATIVES(S) MURKOWSKI BY REQUEST
Jrn-Date Jrn-Page Action
5/14/99 (H) L&C AT 3:15 PM CAPITOL 17
5/14/99 1410 (H) READ THE FIRST TIME - REFERRAL(S)
5/14/99 1410 (H) L&C, JUD
BILL: HB 130
SHORT TITLE: ARCHITECTS/ENGINEERS/LAND SURVEYORS
SPONSOR(S): LABOR & COMMERCE BY REQUEST
Jrn-Date Jrn-Page Action
3/08/99 390 (H) READ THE FIRST TIME - REFERRAL(S)
3/08/99 390 (H) STA, L&C
5/04/99 1168 (H) STA REFERRAL WAIVED
5/14/99 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 226
SHORT TITLE: CREDITED SERVICE FOR ON-THE-JOB INJURIES
SPONSOR(S): REPRESENTATIVES(S) COGHILL, Dyson, Whitaker, Morgan,
Green, Smalley
Jrn-Date Jrn-Page Action
5/06/99 1201 (H) READ THE FIRST TIME - REFERRAL(S)
5/06/99 1201 (H) HES, L&C, FIN
5/11/99 (H) HES AT 3:00 PM CAPITOL 106
5/11/99 (H) MOVED CSHB 226(HES) OUT OF COMMITTEE
5/11/99 (H) MINUTE(HES)
5/12/99 1358 (H) COSPONSOR(S): WHITAKER, MORGAN,
5/12/99 1358 (H) GREEN, SMALLEY
5/13/99 1365 (H) HES RPT CS(HES) 7DP
5/13/99 1366 (H) DP: GREEN, MORGAN, DYSON, COGHILL,
5/13/99 1366 (H) WHITAKER, KEMPLEN, BRICE
5/13/99 1366 (H) ZERO FISCAL NOTE (ADM)
5/14/99 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
SARAH ISTO, MD, Chair
State Medical Board
Division of Occupational Licensing
Department of Commerce and Economic Development
1718 Willow Drive
Juneau, Alaska 99801
Telephone: (907) 586-8992
POSITION STATEMENT: Testified in support of SB 29; testified in
support of SB 71.
SHARON CLARK, Legislative Assistant
to Senator Mike Miller
Alaska State Legislature
Capitol Building, Room 119
Juneau, Alaska 99801
Telephone: (907) 465-3762
POSITION STATEMENT: Presented SB 71 as aide to the Senate Health,
Education and Social Services Standing Committee, the bill sponsor.
JANET SEITZ, Legislative Assistant
to Representative Norman Rokeberg
Alaska State Legislature
Capitol Building, Room 24
Juneau, Alaska 99801
Telephone: (907) 465-4968
POSITION STATEMENT: Presented HB 130 as aide to the House Labor
and Commerce Standing Committee, the bill sponsor.
JIM STEVENS, President, Kuskokwim Architects and Engineers
601 West Fifth Avenue, Number 410
Anchorage, Alaska 99501
Telephone: (907) 276-2176
POSITION STATEMENT: Testified in support of HB 130.
CATHERINE REARDON, Director
Division of Occupational Licensing
Department of Commerce and Economic Development
P.O. Box 110806
Juneau, Alaska 99811-0806
Telephone: (907) 465-2536
POSITION STATEMENT: Answered questions regarding HB 130.
REPRESENTATIVE JOHN COGHILL, JR.
Alaska State Legislature
Capitol Building, Room 416
Juneau, Alaska 99801
Telephone: (907) 465-3719
POSITION STATEMENT: Sponsor of HB 226.
JOHN CYR, President
NEA-Alaska
114 Second Street
Juneau, Alaska 99801
Telephone: (907) 586-3090
POSITION STATEMENT: Testified in support of HB 226.
BILL CHURCH, Retirement Supervisor
Division of Retirement and Benefits
Department of Administration
P.O. Box 110203
Juneau, Alaska 99801
Telephone: (907) 465-4460
POSITION STATEMENT: Testified on HB 226.
ACTION NARRATIVE
TAPE 99-59, SIDE A
Number 0001
CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce
Standing Committee meeting to order at 3:24 p.m. Members present
at the call to order were Representatives Rokeberg, Halcro,
Murkowski and Cissna. Representatives Sanders and Harris arrived
at 3:27 p.m. Representative Brice arrived at 3:46 p.m.
CSSB 29(RLS) - REQUIREMENTS FOR PHYSICIAN'S LICENSE
Number 0161
CHAIRMAN ROKEBERG announced the committee's first order of business
is CSSB 29(RLS), "An Act relating to licensure of physicians; and
providing for an effective date." He invited Dr. Isto forward.
Number 0222
SARAH ISTO, MD, Chair, State Medical Board, Division of
Occupational Licensing, Department of Commerce and Economic
Development, came forward to testify in support of SB 29. She
stated the board is very eager to see this legislation pass. She
referred to her supporting letter previously provided to the
committee because of her absence at the Wednesday [May 12] hearing.
As a brief overview, Dr. Isto explained that these are changes
desired by the state medical board and were requested by some of
Senator Jerry Ward's [the bill sponsor] constituents. These areas
were identified as problems by both groups. This legislation deals
with the citizenship of applicants for new licenses, and the
qualifications for graduates of non-United States or non-Canadian
accredited medical schools. These schools are known as either
international or foreign medical schools. Dr. Isto explained the
two basic changes SB 29 makes. Section 1 deletes the requirement
that an applicant [for licensure] be a U.S. citizen; there are many
well-qualified physicians who are in this country on various visas,
not always permanent resident visas. These physicians are seeing
federal patients in Alaska but are not allowed to see non-federal
Alaskan patients. The State Medical Board would like to make the
services of these physicians available to Alaskan patients.
Number 0361
DR. ISTO pointed out the second important change is that new
physician applicants who have graduated from foreign medical
schools would be required to have three postgraduate years of
training. Three years is currently a standard requirement and
international medical schools vary widely. Dr. Isto noted the
"London School of Medicine" is wonderful, but some schools in the
Caribbean operate out of a "store front." The board is confident
that foreign medical school graduates who complete three years of
U.S. postgraduate training will have received good training and
will have been monitored. However, if these foreign graduates
enter a three-year program and quit after one year, the board is
very nervous about their qualifications because they have quit or
may have been dismissed. Dr. Isto indicated that it is unusual for
the board to receive applications from people with only one year of
postgraduate training. The State Medical Board would like Alaska
to join the 43 other states that require three years because
currently Alaska attracts people who did not complete their three
years, since it is one of seven states which allow that [from Dr.
Isto's previously mentioned letter: "Alaska and the six other
states which require only one year are currently at risk for
attracting inadequately trained students who quit or were dismissed
at the end of their first post-graduate year."]. Dr. Isto informed
the committee that the other parts of SB 29 are simply items
necessary to make that work. She indicated permits which can be
renewed to last for three years would be needed for a foreign
medical school graduate doing the "Alaska family practice
residency" before that person can be licensed. If a person is an
osteopath, he/she would also have to meet these requirements. Dr.
Isto commented she was trying to keep her explanation brief because
she thinks the committee is probably familiar with this; she asked
if there are any questions.
Number 0485
CHAIRMAN ROKEBERG confirmed there were no questions for Dr. Isto or
further witnesses on SB 29. There being none, he stated the public
hearing was closed.
Number 0520
REPRESENTATIVE HALCRO made a motion to move CSSB 29(RLS) out of
committee with individual recommendations and the attached zero
fiscal note. There being no objection, CSSB 29(RLS) moved out of
the House Labor and Commerce Standing Committee.
CSSB 71(RLS) am - PHYSICIAN LICENSURE CHANGES
Number 0533
CHAIRMAN ROKEBERG announced the committee's next order of business
is CSSB 71(RLS) am, "An Act relating to licensure by the State
Medical Board." The chairman invited the sponsor's representative
forward.
Number 0559
SHARON CLARK, Legislative Assistant to Senator Mike Miller, Alaska
State Legislature, came forward to present SB 71 as aide to the
Senate Health, Education and Social Services Standing Committee
(Senate HESS), the bill sponsor. Ms. Clark informed the committee
SB 71 had been introduced by the Senate HESS Committee at the
request of the State Medical Board, which fully supports this bill.
This legislation resolves licensure problems for the board, updates
the Alaska Statutes in relation to other states, and corrects
unintended problems within the current law. Ms. Clark noted the
members of the State Medical Board appreciate the scheduling of SB
71 before the House Labor and Commerce Standing Committee. She
indicated Dr. Sarah Isto, Chair of the State Medical Board, and Dr.
Martha Cotten [State Medical Board member], both instrumental in
bringing this legislation to the Senate HESS Committee, are
present.
MS. CLARK explained the Senate version of SB 71 [CSSB 71(RLS) am]
had been heard that morning in the House HESS Committee. A
conceptual amendment was adopted to page 2, lines 12 and 13, of
CSSB 71(RLS) am, and was probably in the committee members' bill
packets. The conceptual amendment deleted the language, "; and (5)
be a citizen of the United States or be lawfully admitted for
permanent residence" [current statute, AS 08.64.200(a)(5)]. Ms.
Clark indicated the bill sponsor had no problem with the amendment,
and she stated, "The committee substitute was adopted and the
amendment was adopted, and it moved out of committee." Ms. Clark
noted Dr. Isto would speak on the legislation's specifics. Ms.
Clark urged the committee to support the legislation; it is a good
bill, it does what the State Medical Board wants. She informed the
committee that Catherine Reardon of the Division of Occupational
Licensing had also been behind the legislation. Ms. Clark
indicated all involved had worked very hard.
Number 0709
SARAH ISTO, MD, Chair, State Medical Board, Division of
Occupational Licensing, Department of Commerce and Economic
Development, came forward to testify in support of SB 71.
Indirectly referring to her previous testimony in support of SB 29
at this same committee meeting, Dr. Isto said SB 71 also addresses
the statutes which govern the State Medical Board. The legislation
takes care of several housekeeping issues for the board. Currently
the board cannot renew the 60-day temporary licenses for
replacement physicians, so-called locums licenses [from "locum
tenens"], unless a quorum of the board meets. Gathering a quorum
together every 60 days to renew one or two licenses is awkward
since the board meets quarterly. This change would allow the board
to designate the staff to do renewals under a protocol. The
legislation would allow the board to designate staff to handle
issues of physicians who are late in turning in their continuing
education credits. Currently, this is supposed to be handled at a
board meeting, which is, again, an awkward issue. The legislation
would also allow the board to consider an applicant's felony
history. If an applicant has a Class A or unclassified felony, the
board would be able to consider that when a person applies for
licensure.
DR. ISTO described that a person who had killed his/her partner by
beating the partner to death while the partner was sleeping had
applied for a license from prison. This felony was not in the
practice of medicine and Dr. Isto noted Alaska Statute currently
says "only if you commit that sort of crime during the practice of
medicine." The State Medical Board was not allowed to consider
that [felony] in the application. Dr. Isto commented she is
thankful to say this application had other deficiencies. Finally,
Dr. Isto informed the committee that SB 71 addresses postgraduate
medical education for United States and Canadian [medical school]
graduates. It would require new graduates - those who have
graduated in 1995 or thereafter - to have two years of postgraduate
training. This is because nearly all [medical] residencies are
three to five years. The Canadian family practice residency is two
years; the osteopathic residency is two years. Those are the only
exceptions. Dr. Isto commented it is standard to expect that a
medical school graduate will complete the residency before applying
for a license. This provides the State Medical Board some
guarantee of the person's quality. Physicians who graduated in
1985 and have been practicing in the state of Washington for 10
years are no problem for the State Medical Board; these people have
a practice history the board can rely on. Dr. Isto indicated this
would only apply to new graduates.
Number 0873
REPRESENTATIVE MURKOWSKI questioned if there is a requirement for
something like an FBI [Federal Bureau of Investigation] background
check prior to licensure of a new applicant.
DR. ISTO indicated there is the National Practitioner Data Bank
(NPDB) [Health Resources and Administration, U.S. Department of
Health and Human Services], a data bank that includes all
malpractice actions, board disciplinary actions, medical school
disciplinary actions, residency disciplinary actions, and negative
hospital actions. That is the background check. As it happens, if
an individual has committed some sort of crime, often the medical
board in another state, a hospital, or other entity, has taken
action and so some of that information comes into it. However,
there is not an FBI check. Dr. Isto indicated the board does have
fairly extensive information on applicants because it has an
applicant's entire four-year medical school history, three years of
postgraduate training, and any work history; therefore, the board
feels it has a fairly good understanding of a person's doings for
at least the past seven years.
REPRESENTATIVE MURKOWSKI noted previous discussion in the committee
of the case, she believes, involving a Dillingham pharmacist who
was eventually charged with giving young boys drugs in exchange for
sexual favors. Representative Murkowski believed the pharmacist
had had a [criminal] background in another state. She said she was
surprised to learn there is not the full FBI criminal background
check. As a lawyer, they are checked out through that. Therefore,
Representative Murkowski noted, unless it was a medical-related
issue, it is not going to follow the person.
DR. ISTO agreed that is correct; however, in the case of a doctor,
if a doctor had some kind of conviction relating to sexual
misconduct, a medical board would take action, and so that would
enter the practitioner data bank. Dr. Isto said she does not know
much about pharmacy, pharmacists, and how that kind of information
is kept. She is fairly confident that drug issues and sexual
misconduct would appear in the National Practitioner Data Bank.
Other sorts of things like financial crimes, et cetera, probably
would not.
Number 1054
CHAIRMAN ROKEBERG noted the presences of Representative John
Coghill, Jr. and Representative Eric Croft.
REPRESENTATIVE HALCRO noted Dr. Isto's mention that the State
Medical Board meets quarterly. He questioned what would happen in
a case involving misconduct.
DR. ISTO responded the board has emergency teleconference meetings
and the board is very happy to do that. Indicating the board is
made up of volunteers, she noted it is a little more difficult to
energize the board to meet to renew a doctor's 60-day permit at the
hospital's request when there are no problems with the person. Dr.
Isto indicated the board considers this a non-emergency issue and
would like to make this process work more smoothly for the board.
REPRESENTATIVE CISSNA indicated she assumes drunken driving would
probably catch a relevant entity's attention, but she asked about
other alcohol-related items.
DR. ISTO answered it is a state requirement for hospitals to report
within 24 hours to the State Medical Board if they are concerned
that a physician is coming to work drunk, misusing alcohol, is
present using alcohol in the hospital. She thinks hospitals are
quite careful and defensive about reporting. Dr. Isto indicated
the board does receive these reports in the required manner.
REPRESENTATIVE CISSNA asked about someone coming from another
state, where perhaps there had been some real problems which
reached the courts but not the hospital, [medical] board, et
cetera.
DR. ISTO noted each state has its own separate licensing laws, but
there are many similarities. She thinks there isn't any state that
does not concern itself with substance misuse. These are emergency
issues because of the risk to patients from care by an incompetent
provider. She thinks that most of those [cases] come to the
attention of a board.
REPRESENTATIVE CISSNA questioned if there is any way of checking
the records, et cetera, of people coming from other countries.
DR. ISTO responded she is hoping SB 29 will pass; SB 29 would
require foreign medical school graduates to have been under close
observation in a residency for three years. Dr. Isto indicated the
State Medical Board would need to depend on that three years of
close observation as protection if something arises. She further
indicated that if someone has a problem, things usually do appear
within three years, although not always.
Number 1273
REPRESENTATIVE MURKOWSKI referred to Section 5 of HCS CSSB 71(HES).
She expressed confusion with this ability of substituting. [HCS
CSSB 71(HES), Section 5 read:
* Sec. 5. AS 08.64.275(a) is amended to read:
(a) A member of the board or its executive secretary
may grant a temporary permit to a physician or osteopath
for the purpose of substituting for another physician or
osteopath licensed in this state. The permit is valid
for 60 consecutive days. If circumstances warrant, an
extension of the permit may be granted by the board or
its designee.]
DR. ISTO explained there is a temporary license, a locums license,
which requires a person to have a clear existing license in another
state. It is a somewhat faster licensing process but the license
is for a much shorter period. This license would be used, for
example, when a physician goes on vacation or becomes ill. Under
this temporary license there must be a clinic, hospital, or
someone, monitoring and vouching for the person's work.
REPRESENTATIVE MURKOWSKI questioned if there is a maximum time
period.
DR. ISTO answered it is 60 days, but it may be renewed twice upon
request of the hospital or the clinic - the supervising body - but
not at the practitioner's request. She indicated this request from
the supervising body had to be submitted to the State Medical Board
in writing.
Number 1356
CHAIRMAN ROKEBERG confirmed there were no further questions for Dr.
Isto or further witnesses on SB 71. Therefore, the chairman closed
the public hearing on the legislation.
Number 1377
REPRESENTATIVE HALCRO made a motion to move HCS CSSB 71(HES) out of
committee with individual recommendations and the attached zero
fiscal note. There being no objection, HCS CSSB 71(HES) moved out
of the House Labor and Commerce Standing Committee.
Number 1420
CHAIRMAN ROKEBERG called a brief at-ease at 3:46 p.m. The
committee came back to order at 3:48 p.m.
HB 239 - UCC SECURED TRANSACTIONS
Number 1425
CHAIRMAN ROKEBERG announced the committee's next order of business
is HB 239, "An Act relating to the Uniform Commercial Code;
relating to secured transactions; amending Rule 79, Alaska Rules of
Civil Procedure; and providing for an effective date." The
chairman indicated the committee would take up the regular business
of appointing a subcommittee for HB 239, in lieu of the committee
calendar and because the committee has just passed SB 71 [HB 239
and SB 71 were scheduled for a committee hearing the next day, May
15]. He questioned if Representative Murkowski had the bill title.
REPRESENTATIVE MURKOWSKI read the bill title. In response to the
chairman's question about the legislation's length, Representative
Murkowski responded that it is 134 pages long.
CHAIRMAN ROKEBERG indicated he has some responsibility for HB 239.
The chairman appointed a subcommittee for HB 239, which he said
would obviate the need for the next day's meeting. The
subcommittee on HB 239 is chaired by Representative Murkowski, with
Representative Rokeberg and Representative Cissna as additional
members. [HB 239 WAS HELD]
HB 130 - ARCHITECTS/ENGINEERS/LAND SURVEYORS
Number 1506
CHAIRMAN ROKEBERG announced the committee's next order of business
is HB 130, "An Act adding limited liability companies and limited
liability partnerships to the organizations that can be authorized
to practice architecture, engineering, land surveying, and
landscape architecture; and relating to state and municipal
contracts for architectural, engineering, land surveying, and
landscape architectural services." He invited Ms. Seitz forward to
explain the legislation.
Number 1524
JANET SEITZ, Legislative Assistant to Representative Norman
Rokeberg, Alaska State Legislature, came forward to present HB 130
as aide to the House Labor and Commerce Standing Committee, the
bill sponsor. Ms. Seitz explained HB 130 adds the business
entities of limited liability companies (LLCs) and limited
liability partnerships (LLPs) to the architects, engineers, and
land surveyors licensing statutes. She noted that the Department
of Commerce and Economic Development has been advised by the
Department of Law that these new entities are not covered under the
current licensing statutes. House Bill 130 would allow the State
Board of Registration for Architects, Engineers, and Land Surveyors
to register LLCs and LLPs in a manner similar to corporations,
where an Alaskan licensee is designated as the responsible
licensee in charge of each entity. [The sponsor statement read:
The State Board of Registration for Architects, Engineers
and Land Surveyors (AELS) has the duty of licensing
architects, engineers, land surveyors or landscape
architects under the provisions of AS 08.48.011. In
addition to individual licenses, the Board has
requirements for certain business entities (corporations)
to register with the AELS and these entities must receive
a license to practice.
During the last several years, the Legislature has
authorized limited liability companies and limited
liability partnerships. The Department of Law has
advised the Department of Commerce and Economic
Development that these new entities are not covered under
the AELS licensing laws.
Limited liability companies (LLCs) are covered in AS
10.50. Alaska's law was adopted in 1994. The entity is
a hybrid form of business structure that combines the tax
advantages of a partnership and the liability safeguards
of a corporation. Limited liability partnerships (LLPs)
are covered in AS 32.05 and were adopted in Alaska in
1996. LLPs are a type of general partnership and provide
a flexible form of organization for small businesses.
HB 130 would allow the Board to register LLCs or LLPs in
a similar manner as corporations with the designation of
an Alaskan licensee as the responsible licensee in charge
of such an entity. Such registration would continue to
provide consumer protection and licensee accountability
for the people of Alaska using the services of these
professionals.
We would appreciate your support of this legislation.]
CHAIRMAN ROKEBERG indicated the legislation simply adds LLCs and
LLPs to the architects, engineers, and land surveyors.
REPRESENTATIVE CISSNA referred to a piece of written material,
noting it had been found that LLPs and LLCs were not authorized for
some reason to do this and that is why this legislation is
required. She would like to understand the reason these entities
are not already included.
Number 1627
MS. SEITZ said that according to the letter from the Department of
Commerce and Economic Development, the Department of Law has
determined that LLC entities are prohibited from practice under
current authorities of AS 08.48. There is currently no ability, as
a corporation does have, for an LLC to obtain authorization from
the board for a license. Limited liability companies would have an
impossibility defense, as it is currently impossible for them to
become registered with the board.
CHAIRMAN ROKEBERG confirmed from Ms. Seitz the reason is that LLCs
and LLPs were never incorporated into the statute, and this is the
only problem. The chairman indicated HB 130 corrects this
omission, adding these forms of business organization to that
chapter.
REPRESENTATIVE CISSNA questioned if there is anyone to testify from
the department, division, or anything like that.
CHAIRMAN ROKEBERG answered in the negative, but stated that, even
better, there is a consumer online.
MS. SEITZ added the committee does have a letter [dated March 1,
1999] from Ms. Reardon [Director, Division of Occupational
Licensing, Department of Commerce and Economic Development]. Ms.
Reardon's letter notes that the board met February 11 through 12 of
this year, voicing support for this legislation and for one other
requested change, adding landscape architecture to a part of the
statute which had been overlooked before. Ms. Seitz indicated the
legislation contains this additional housekeeping change.
REPRESENTATIVE HALCRO asked about the practice of "lightscaping"
which is huge now in Anchorage.
CHAIRMAN ROKEBERG commented this question would be referred to Ms.
Reardon to see if "lightscaping" is under landscape architecture.
The chairman expressed that he does not think it is.
Number 1746
JIM STEVENS, President, Kuskokwim Architects and Engineers,
testified via teleconference from Anchorage in support of HB 130.
Mr. Stevens said his company would like to provide A&E
[architectural and engineering] services through a limited
liability company in order to avoid paying taxes twice (indisc.)
the owners.
CHAIRMAN ROKEBERG commented that Mr. Stevens had brought this to
his attention. The chairman requested that Mr. Stevens explain why
he thinks this omission should be clarified. The chairman asked if
it is correct that Mr. Stevens' firm wants to adopt this type of
business.
MR. STEVENS agreed. In the past A&E firms have been owned by the
individuals providing architectural or engineering services.
However, more and more companies are organizing these design firms
and would rather not have to pay taxes twice on the firm's
earnings. Mr. Stevens noted the margins are small enough in this
business and they would like to retain more of the revenues they
generate for their services. As the chairman mentioned earlier, it
is simply an omission in the existing law which prevents LLCs and
LLPs from providing these services. Mr. Stevens commented that in
no way, shape, or form do they feel allowing LLPs or LLCs would
compromise public safety or the safety of the public of (indisc.).
CHAIRMAN ROKEBERG confirmed, then, it is Mr. Stevens' testimony
that his business is presently incorporated and would change into
an LLC if allowed statutorily. The chairman additionally confirmed
from Mr. Stevens that this would save Mr. Stevens' firm money in
taxes and limit liability.
Number 1879
CATHERINE REARDON, Director, Division of Occupational Licensing,
Department of Commerce and Economic Development, came forward to
address Representative Halcro's question regarding "lightscaping."
REPRESENTATIVE HALCRO noted he is aware of a growing industry in
Anchorage, with the "City of Lights" promotion, called
"lightscaping." He questioned, "Some landscaping - architecture
landscaping firms do 'lightscaping' in the winter. Does this
incorporate them?"
MS. REARDON responded she does not believe the legislation expands
those required to obtain licensure at all. The legislation
provides more options for how a company can legally be organized.
Ms. Reardon added that both the board and the department support
the legislation.
CHAIRMAN ROKEBERG said he believes the question was: Are
"lightscapers" included under landscape architecture?
REPRESENTATIVE HALCRO indicated the chairman is correct.
MS. REARDON replied she does not believe so, considering the
definition of "landscape architecture." She indicated the
definition is fairly long and she would want to review it before
providing a definite answer.
CHAIRMAN ROKEBERG indicated this was not necessary.
REPRESENTATIVE HALCRO agreed, noting he had simply been curious.
Number 1923
REPRESENTATIVE MURKOWSKI referred to the last portion of the
sponsor statement, noting the LLPs and LLCs would be registered in
a manner similar to the corporations ["HB 130 would allow the Board
to register LLCs or LLPs in a similar manner as corporations with
the designation of an Alaskan licensee as the responsible licensee
in charge of such entity."]. Representative Murkowski questioned
if there would be any consequence to the State Board of
Registration for Architects, Engineers, and Land Surveyors for just
making this kind of corporate change.
MS. REARDON responded the board might need to approve the licenses
but she indicated any costs, like additional paperwork or
correspondence, would be minimal and would be absorbed by the
department.
CHAIRMAN ROKEBERG noted, however, in this area the state licenses
the companies, not just the individuals. The chairman asked, then,
if there would be any impact because there is a change, indicating
he thought this had been Representative Murkowski's question.
MS. REARDON answered yes, in that the board will now be able to
license businesses which are organized in this manner. Currently
the board has to deny these businesses [licensure] if they are not
regular corporations. This will provide more options for how the
board licenses and will probably trigger a regulation change -
including this in the regulations as well. However, Ms. Reardon
communicated that the board is in favor of the legislation because
it wants to allow these types of new tax organizations. She noted
that yes, the law does require that the business actually be
licensed, not just the individual engineer. Ms. Reardon indicated
this is unique to a couple of the division's professions.
CHAIRMAN ROKEBERG confirmed there were no further questions for Ms.
Reardon.
Number 1998
REPRESENTATIVE HALCRO made a motion to move HB 130 out of committee
with individual recommendations and the attached zero fiscal note.
There being no objection, HB 130 moved out of the House Labor and
Commerce Standing Committee.
HB 226 - CREDITED SERVICE FOR ON-THE-JOB INJURIES
Number 2006
CHAIRMAN ROKEBERG announced the committee's next order of business
is HB 226, "An Act relating to credited service under the teachers'
retirement system for education employees on leave without pay or
receiving workers' compensation benefits because of certain
on-the-job injuries."
Number 2014
REPRESENTATIVE JOHN COGHILL, JR., Alaska State Legislature, came
forward as the bill sponsor. Representative Coghill indicated this
legislation is related to the physical assault of a teacher or
school employee. Currently, if a teacher or school worker is
assaulted while performing his/her duties, he/she would receive
workers' compensation while out for injury but no money would be
paid into the person's retirement. In this legislation, that
provision would be paid for by the employer if it was a physical
assault. If a teacher or school employee is out for some other
work-related injury, this legislation would allow the person to buy
that time for retirement. Representative Coghill noted HB 226
corrects a small "glitch" in helping teachers and school workers.
He indicated this came to his attention through working with
NEA-Alaska and he had decided to carry this particular piece of
legislation. Representative Coghill thinks it is good for the
teachers, is a proper piece of legislation, and he commends it to
the committee.
REPRESENTATIVE MURKOWSKI commented she thinks it is a great bill.
Referring to the written April 29, 1999, testimony in the bill
packet from Cheryl Rankin, a teacher who was injured at the Whaley
School, Representative Murkowski questioned if Representative
Coghill had any idea how many teachers they were actually talking
about. She asked if this was an endemic problem, noting she would
like to think not.
Number 2112
REPRESENTATIVE COGHILL answered he has not seen any statistics on
that, but perhaps John Cyr [President, NEA-Alaska] or Mr. Church
[Retirement Supervisor, Division of Retirement and Benefits,
Department of Administration] might be willing to answer that
question.
CHAIRMAN ROKEBERG indicated he would prefer to hold that testimony.
REPRESENTATIVE HARRIS commented this was not adding a fiscal note
for the Department of Education or the retirement and benefits
program, but he asked if the legislation would have an implied cost
to individual public school systems.
REPRESENTATIVE COGHILL replied he thinks it probably will. He
indicated they were asking the employer, the local municipality or
whoever is in charge of hiring the teacher or school employee, to
pay.
REPRESENTATIVE HARRIS questioned if Representative Coghill had any
numbers.
REPRESENTATIVE COGHILL noted these were being written down as he
spoke. The average absence is five days; $360 would be an entire
month's worth. He noted this was per employee.
REPRESENTATIVE MURKOWSKI referred to the language specifying that
the assault occur while on the job. However, she pointed out that
does not necessarily mean on school grounds. She questioned that
a teacher out on a field trip would still be covered under this.
REPRESENTATIVE COGHILL answered in the affirmative. He indicated,
in response to the chairman's comment, that Mr. Cyr could answer
questions regarding the amount of people this would affect or who
have been injured.
CHAIRMAN ROKEBERG invited Mr. Cyr forward and indicated
Representative Coghill should remain with the committee at the
table.
Number 2247
JOHN CYR, President, NEA-Alaska, came forward to testify in support
of HB 226. He expressed his appreciation for the assistance of
Representative Coghill and Representative Coghill's staff, Rynnieva
Moss. Mr. Cyr indicated NEA-Alaska feels this is really pretty
simple. Workers' compensation ["workers' comp"] is a non-pay
status; the person is no longer drawing a paycheck from the
[school] district. Therefore, if a person is assaulted on the job
and is hurt badly enough to go on workers' compensation, the
individual loses his/her retirement benefit for that period of
time. According to their research, the average cost for TRS
[Teachers' Retirement System] or PERS [Public Employees' Retirement
System] is $360 per month for someone making $50,000 annually.
They do not have any figures for length of injury caused by
physical assault, but five days is the average length of time a
person is on workers' compensation for regular on-the-job injuries.
At $18 per day, that is an average of $90 to cover this. Mr. Cyr
pointed out this is an average. Regarding the number of people, he
has found one person in the last three years who has been affected:
Cheryl Rankin, a teacher at the Whaley Center in Anchorage.
NEA-Alaska frankly hopes that no one has to use this. Mr. Cyr
indicated he has some other research which shows there are a number
of teachers and school employees assaulted on the job, but not at
a level where they draw workers' compensation. They might be out
for a day or two, in which case they would draw sick leave. It
would be an extraordinary case where this would affect someone.
However, NEA-Alaska does think it is important. When a person goes
on workers' compensation, his/her salary is an average of the last
three years; therefore, he/she could lose money there and would
lose retirement. The person is being caught on both sides because
of his/her profession. Mr. Cyr reiterated NEA-Alaska's support for
the legislation.
Number 2339
CHAIRMAN ROKEBERG asked for a review of the numbers Mr. Cyr had
provided.
MR. CYR responded that if a person is making $50,000 per year, the
school district's contribution to TRS, the TRS premium, would be
$360 per month. Mr. Cyr added in response to the chairman's
request for clarification, "It's the employee premium ... that's
how much the employee would be contributing per month, and so five
days of that .... It is gonna cost districts something, but ...
it's a real small price to pay to have people feel like they're
protected.
REPRESENTATIVE SANDERS questioned that the five-day average only
included workers' compensation, not the one or two-day absences
mentioned later. He indicated the average would then drop way
down.
MR. CYR confirmed those one and two days are covered by sick leave
and are not being counted. He noted those are not covered in this
legislation at all.
CHAIRMAN ROKEBERG questioned whether workers' compensation tripped
in at five days.
MR. CYR said he received the figures from [federal] OSHA
[Occupational Safety and Health Administration, U.S. Department of
Labor] which examined on-the-job injuries for public employees.
Basically, the median of those injuries is five days and it is not
broken out into type. Five days is the median length of time a
person is on workers' compensation. Mr. Cyr indicated he has now
provided the committee everything he knows about the statistics.
Mr. Cyr commented he is a history teacher.
There was brief discussion on space-related history questions.
Number 2450
REPRESENTATIVE HALCRO noted that although there has been only one
incident of violence against a teacher [at that level, as far as
they are aware], he asked about the threats of violence and
questioned whether that has been escalating.
MR. CYR responded, "I don't have my school safety stuff with me and
I wish I did. I just got a survey that was done in Anchorage..."
[TESTIMONY INTERRUPTED BY AUTOMATIC TAPE CHANGE]
[From tape log notes: 'percentage' 'level of violence towards
school district personnel on the rise' 'verbal assault']
TAPE 99-59, SIDE B
Number 0001
MR. CYR responded, "...verbal abuse, I mean it really is going --
... it's going up across society. I mean, spend a few minutes too
long at a traffic light and watch what happens. ... That's not
covered in this, but it is ... scarier ... for all of us to be out
there, everywhere."
REPRESENTATIVE HALCRO commented this is amazing. Noting he grew up
in the [Anchorage] school district, he related a fifth-grade story
from 1975 to the committee where he and some friends sneaked next
door from Lake Otis Elementary to the UAA [University of Alaska
Anchorage] bookstore for some candy. They were caught and received
swats, paddling, in the principal's office. Representative Halcro
related his mother, when informed, had said to give him an extra
swat from her. He commented they walked a straight line.
Number 0062
BILL CHURCH, Retirement Supervisor, Division of Retirement and
Benefits, Department of Administration, came forward. He has a
couple of general comments on the legislation. So far the
committee has only been discussing assault, but there is another
section to this. Representative Coghill did touch on it, but Mr.
Church said he wants to make sure everyone understands the
legislation has two sections. Presently, under the PERS system
someone who is on leave without pay as the result of a workers'
compensation injury or illness can claim that time; in other words,
buy that as membership service credited in the system. That has
not been afforded under the TRS system. Under Section 3(d) of the
legislation, this has been corrected. This allows anyone who is
collecting workers' compensation benefits to claim that time and
pay his/her contribution. Section 3(c) allows this for a physical
injury [caused by an on-the-job assault]; the employer would pay
the employee's required TRS contribution. Section 5 would amend
the PERS statutes to also allow this for someone who is an employee
of a school district if it is a physical injury [caused by an
on-the-job assault]; the employer would pay the employee's PERS
contributions.
REPRESENTATIVE BRICE questioned the expected fiscal impact.
MR. CHURCH responded, "Very nil." As Mr. Cyr had done, Mr. Church
indicated he called the Anchorage School District, since it is the
largest school district in the state, to ask if there are any other
cases like this outstanding. The Anchorage School District
questioned its risk management people and no other cases were
known. Therefore, this would have a very low impact.
Number 0142
CHAIRMAN ROKEBERG indicated it would be de minimis, but it would be
unfair if it is not in place and should be changed. The chairman
asked Mr. Church if he would agree with the accuracy of Mr.
Church's numbers.
MR. CHURCH answered in the affirmative.
CHAIRMAN ROKEBERG confirmed there were no further questions for Mr.
Church. He questioned if the sponsor had additional comments.
REPRESENTATIVE COGHILL noted, first, it pains him to put forward a
solution which has little impact. However, he thinks this is a
very needed piece of legislation and would provide comfort to
teachers [and school employees]. His own school board endorses it.
Representative Coghill said he would like to see the legislation
put forward this year; he thinks it would be helpful.
REPRESENTATIVE SANDERS said he would like to ease Representative
Coghill's concern about the impact; he indicated the impact on the
individual is much, much larger than the impact on the state.
Therefore, even though that is minimal, Representative Coghill is
making a big impact on (indisc.) and should feel good about it.
CHAIRMAN ROKEBERG indicated it may very well be little-used, but
will be there when it is needed. The chairman commented he is
surprised Representative Brice did not pick up on this need.
REPRESENTATIVE BRICE replied that actually he had, but has done
about five or six others. He indicated, therefore, he had not
taken this legislation up but had offered his assistance.
CHAIRMAN ROKEBERG noted, however, Representative Brice would be
given the honor.
Number 0230
REPRESENTATIVE BRICE made a motion to move CSHB 226(HES) out of
committee with individual recommendations and the zero fiscal note.
There being no objection, CSHB 226(HES) moved out of the House
Labor and Commerce Standing Committee.
CHAIRMAN ROKEBERG announced the committee's 10:30 a.m. meeting
scheduled for the next day [May 15] was canceled.
ADJOURNMENT
Number 0241
CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing
Committee meeting at 4:20 p.m.
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