Legislature(2003 - 2004)

02/18/2004 03:20 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                       February 18, 2004                                                                                        
                           3:20 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom Anderson, Chair                                                                                              
Representative Carl Gatto, Vice Chair                                                                                           
Representative Nancy Dahlstrom                                                                                                  
Representative Bob Lynn                                                                                                         
Representative Norman Rokeberg                                                                                                  
Representative Harry Crawford                                                                                                   
Representative David Guttenberg                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 434                                                                                                              
"An Act relating to the practice of naturopathic medicine; and                                                                  
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE                                                                                 
                                                                                                                                
HOUSE BILL NO. 389                                                                                                              
"An  Act  relating to  certain  monetary  advances in  which  the                                                               
deposit or  other negotiation of  certain instruments to  pay the                                                               
advances  is delayed  until a  later date;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 434                                                                                                                  
SHORT TITLE: NATUROPATHIC MEDICINE                                                                                              
SPONSOR(S): REPRESENTATIVE(S) HOLM                                                                                              
                                                                                                                                
02/04/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/04/04       (H)       L&C, JUD                                                                                               
02/04/04       (H)       HES REFERRAL ADDED AFTER L&C                                                                           
02/18/04       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
REPRESENTATIVE JIM HOLM                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as the sponsor of HB 434.                                                                      
                                                                                                                                
SCOTT LUPER, N.D.                                                                                                               
Fairbanks, Alaska                                                                                                               
STATEMENT:   Testified  in support  of HB  434 as  a naturopathic                                                               
physician,  explaining  the  bill and  sharing  his  professional                                                               
experience.                                                                                                                     
                                                                                                                                
CLYDE B. JENSEN, Ph.D.                                                                                                          
Oregon Health and Science University                                                                                            
Portland, Oregon                                                                                                                
POSITION STATEMENT:   Testified in support of HB  434 and offered                                                               
a  comparison  of  naturopathic physicians  with  allopathic  and                                                               
osteopathic physicians.                                                                                                         
                                                                                                                                
DANIEL YOUNG, N.D.                                                                                                              
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified in support of HB 434.                                                                            
                                                                                                                                
NANCY THERRELL                                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 434.                                                                            
                                                                                                                                
FRANK THERREL                                                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 434.                                                                            
                                                                                                                                
MARY MINOR, N.D.                                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in  support of HB 434  and shared                                                               
her  background  of  20  years of  licensure  as  a  naturopathic                                                               
physician.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-14, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR TOM ANDERSON  called the House Labor  and Commerce Standing                                                             
Committee  meeting  to  order  at   3:20  p.m.    Representatives                                                               
Anderson, Gatto,  Dahlstrom, and  Guttenberg were present  at the                                                               
call  to order.    Representatives Lynn,  Crawford, and  Rokeberg                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB 434-NATUROPATHIC MEDICINE                                                                                                  
                                                                                                                                
CHAIR ANDERSON  announced that the  only order of  business would                                                               
be  HOUSE BILL  NO.  434, "An  Act relating  to  the practice  of                                                               
naturopathic medicine; and providing for an effective date."                                                                    
                                                                                                                                
Number 0082                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JIM  HOLM,  Alaska  State  Legislature,  sponsor,                                                               
explained that  HB 434 is  offered to ensure  professional, safe,                                                               
naturopathic healthcare for all  Alaskans; it brings 17-year-old,                                                               
outdated statutes  up to date and  in line with 14  other states.                                                               
It provides for quality health  care through continuing education                                                               
requirements   and  improved   services   in   the  practice   of                                                               
naturopathic   medicine;    addresses   Alaska's    shortage   of                                                               
physicians;  provides alternative  care and  reduces health  care                                                               
costs to  "all the rest  of Alaska"; places  continuing education                                                               
requirements  in   statute;  says  naturopathic   physicians  may                                                               
prescribe  "legend"  or  prescriptive drugs  based  on  examining                                                               
board licensure,  and/or controlled  substances as  registered by                                                               
the  federal  Drug  Enforcement [Administration];  and  specifies                                                               
that naturopathic  physicians may perform minor  surgery based on                                                               
their education, training, and licensure.                                                                                       
                                                                                                                                
Number 0260                                                                                                                     
                                                                                                                                
SCOTT  LUPER, N.D.,  a naturopathic  physician who  practices and                                                               
lives in  Fairbanks, testified  in support of  HB 434  and shared                                                               
his  professional experience.    He noted  that  he received  his                                                               
undergraduate degree with honors  from Portland State University;                                                               
graduated with  honors in research from  the naturopathic college                                                               
in Portland; opened  a practice; moved to Tempe,  Arizona, as the                                                               
department  chair  of  diagnostics;  taught  and  supervised  the                                                               
training  of naturopathic  physicians  for two  years; last  year                                                               
became  chief  medical officer  and  supervised  22 doctors;  and                                                               
then,  after deciding  against being  an administrator,  moved to                                                               
Alaska and opened up a practice.                                                                                                
                                                                                                                                
DR. LUPER  turned attention to HB  434, saying the intent  of the                                                               
bill is to allow naturopathic  physicians to practice as they are                                                               
educated.    They  are  trained   to  function  as  primary  care                                                               
providers,  deciding the  appropriate  action, investigation,  or                                                               
referral for  individual cases.   He pointed out a  JAMA [Journal                                                             
of the  American Medical Association,  1998] article in  the bill                                                             
packet  that says  their clinical  education,  which is  entirely                                                               
outpatient-based, is designed to prepare  them to be primary care                                                               
providers.                                                                                                                      
                                                                                                                                
Number 0487                                                                                                                     
                                                                                                                                
DR.  LUPER  focused  on  Appendix   C  in  the  bill  packet,  "A                                                               
Comparison  of  Licensed  Medical  Professions in  the  State  of                                                               
Alaska," which  compares levels of  education of all  health care                                                               
providers in  Alaska and shows those  for naturopathic physicians                                                               
to be among  the highest.  Appendix D compares  Alaska with other                                                               
states  in  the  document entitled  "Comparison  of  Naturopathic                                                               
Governance in Licensed  States."  This points out  that Alaska is                                                               
unique in not allowing naturopathic  physicians to practice up to                                                               
the full scope of their  licenses.  He specifically mentioned the                                                               
areas of minor surgery and some prescription rights.                                                                            
                                                                                                                                
DR.  LUPER  reported  that  malpractice  costs  for  naturopathic                                                               
physicians  are  among the  lowest  of  all the  professions;  he                                                               
personally  pays  $3,000  a  year.   He  turned  to  Appendix  E,                                                               
"Comparison of Naturopathic and  Major Medical Schools," in which                                                               
three  leading  naturopathic   colleges,  National,  Bastyr,  and                                                               
Southwest, are  compared with three leading  allopathic colleges,                                                               
Johns  Hopkins, Yale,  and Stanford;  the  comparison is  further                                                               
broken  into   basic  and  clinical  sciences,   clerkships,  and                                                               
allopathic therapeutics.   He explained that the  first two years                                                               
of medical education are devoted  to basic sciences, and the last                                                               
two years  to therapeutics and  practical applications.   He said                                                               
the  hours of  education  are comparable,  though not  identical,                                                               
within the six colleges.                                                                                                        
                                                                                                                                
DR. LUPER  referred to the next  supporting document, "Comparison                                                               
of Pharmacology Training," and explained:                                                                                       
                                                                                                                                
     What  we  did  was  gather information  from  over  100                                                                    
     colleges  and  pull  them  all  together.    Under  the                                                                    
     pharmacology   list  you   see  that   for  allopathic,                                                                    
     osteopathic and  naturopathic colleges, ...  the amount                                                                    
     of hours  in pharmacology training is  about 100 hours,                                                                    
     ... again comparable.                                                                                                      
                                                                                                                                
DR.  LUPER  pointed  out  that  the teachers  for  all  types  of                                                               
physicians in the area of pharmacology  are the same.  The second                                                               
table looks  at the numbers  of hours involved in  clerkships and                                                               
clinical  therapeutics,   with  the   hours  for  all   types  of                                                               
physicians being comparable.                                                                                                    
                                                                                                                                
Number 0720                                                                                                                     
                                                                                                                                
DR.  LUPER   related  that  a  naturopathic   education  includes                                                               
learning how to use nutrition,  botanicals, and a wide variety of                                                               
therapeutic agents to  help patients.  He said  N.D.s get special                                                               
training  on the  interactions between  drugs and  nutrients, and                                                               
are recognized  experts in that field.   He gave an  example of a                                                               
Fairbanks hospital that brought up  an N.D. from Washington State                                                               
to consult  in its oncology  program on the  interactions between                                                               
nutrients and chemotherapeutic  agents.  He said  patient care is                                                               
the motivating factor for pursuing  an expanded scope of practice                                                               
in  Alaska for  naturopathic physicians;  it is  inconvenient and                                                               
expensive for his  patients to go to another physician  to get an                                                               
antibiotic  or hormone  prescription when  he, as  a naturopathic                                                               
physician, is well trained to perform these functions.                                                                          
                                                                                                                                
Number 0891                                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN  noted that  he'll soon be  71 years  of age,                                                               
with aches  and pains.   He asked how  he should choose  a health                                                               
care provider.                                                                                                                  
                                                                                                                                
DR. LUPER shared that most patients  come to his practice by word                                                               
of  mouth when  they  want  to find  the  cause  of a  particular                                                               
problem.   They generally experience an  hour-long initial intake                                                               
process  in  order  to  find  out  what  predisposes  them  to  a                                                               
particular  problem, such  as diet,  sleep  habits, genetics,  or                                                               
motor patterns.   He added,  "You'd have  to be willing  to spend                                                               
the  time, and  you'd also  have  to be  willing and  open-minded                                                               
enough  to   perhaps  change  something  about   your  lifestyle,                                                               
something about  your diet, something  about the things  that you                                                               
take, for example.  You'd have to be willing to be coached."                                                                    
                                                                                                                                
DR.  LUPER, in  further response,  said state  insurance provides                                                               
coverage,  but   Medicare  and  Tricare  insurance   don't.    He                                                               
explained  that   Alaska  has  an  insurance-equality   law  that                                                               
requires  recoverage in  state  group  policies for  naturopathic                                                               
services.  The federal government  doesn't have this requirement.                                                               
He  noted  that  currently  he  has  to go  to  an  M.D.  to  get                                                               
prescriptions written  for his patients, and  those prescriptions                                                               
are  covered  by  state  and  federal  insurance  programs.    In                                                               
response  to a  question from  Representative Dahlstrom,  he said                                                               
legend drugs  are sold by  prescription only; schedule  drugs are                                                               
drugs  with  an  abuse  or addictive  potential.    Legend  drugs                                                               
comprise a wide  category of drugs, whereas schedule  drugs are a                                                               
subcategory of legend drugs.                                                                                                    
                                                                                                                                
Number 1120                                                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO referred  to Appendix E and  asked Dr. Luper                                                               
what the  Johns Hopkins, Yale,  and Stanford medical  schools are                                                               
doing "that you are not doing."                                                                                                 
                                                                                                                                
DR.  LUPER replied  that the  Johns Hopkins,  Yale, and  Stanford                                                               
students  are   doing  specialty  rotations  such   as  oncology,                                                               
neurology,  or  nephrology,   while  naturopathic  physicians  in                                                               
training are learning naturopathic  modalities such as homeopathy                                                               
and hydrotherapy.  The basic knowledge  - what it takes to become                                                               
a doctor, how to listen to people,  how to run lab tests, and how                                                               
to do a differential diagnosis -  is similar for both groups.  He                                                               
informed  the   committee,  "The   therapeutics  are   where  the                                                               
differences begin to multiply."                                                                                                 
                                                                                                                                
Number 1145                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GATTO  asked  for clarification  with  regard  to                                                               
residency requirements.                                                                                                         
                                                                                                                                
DR. LUPER replied  that there was no requirement  to do residency                                                               
for  naturopathic  physicians.   He  further  explained that  the                                                               
profession experiences  a scarcity  of residency placements.   He                                                               
gave  the example  of a  residency  program that  he directed  at                                                               
Southwest College.   He had three residency  positions and eleven                                                               
well-qualified  applicants.   A  further  difference between  the                                                               
naturopathic  profession and  the allopathic  profession is  that                                                               
the federal  government subsidizes  residencies so that  each and                                                               
every allopathic physician has the ability to get a residency.                                                                  
                                                                                                                                
Number 1199                                                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO  gave an example  of someone  suffering from                                                               
cancer.   He  asked  whether [naturopathic  physicians] will  say                                                               
something is out of their league if that's the case.                                                                            
                                                                                                                                
DR. LUPER replied that many of  his patients have cancer and come                                                               
to him looking  for alternatives; he is trained to  let them know                                                               
the best  treatment for their  particular problem.   For example,                                                               
the treatment for testicular cancer  is actually quite good, with                                                               
a success  rate higher than  85 percent;  thus he'll tell  such a                                                               
patient, "The best  treatment available for you is to  go and get                                                               
chemotherapy."  For pancreatic  cancer, though, the effectiveness                                                               
of chemotherapy is less than 2 percent.  He explained:                                                                          
                                                                                                                                
        I know of a treatment where the average lifespan                                                                        
      increases from two months to nineteen months.  So I                                                                       
     let  him   know,  "There's  an  alternative   for  you.                                                                    
     There's a ...  program  ... that's been put together by                                                                    
     a  doctor in  New York  City by  the name  of Gonzales.                                                                    
     Here's his  results from the published  research.  This                                                                    
     is what it takes to do  this.  Frankly, I think this is                                                                    
     a good option for you."                                                                                                    
                                                                                                                                
DR. LUPER added that he never  tells his patients what to do, but                                                               
instead  tells them  what he  knows.   He pointed  out that  some                                                               
people do  "wacky things" in  any profession.   In his role  as a                                                               
teacher, he  noted, he trained  naturopathic doctors to  know the                                                               
boundaries of  their expertise.   He felt that  experience played                                                               
an  important   role  in  confidence   building  and   that  many                                                               
naturopathic  doctors go  on to  become experts  in a  particular                                                               
field such as cancer.                                                                                                           
                                                                                                                                
Number 1255                                                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO asked  what Dr. Luper thought of  PC SPES [a                                                               
dietary supplement marketed for "prostate health"].                                                                             
                                                                                                                                
DR. LUPER replied:                                                                                                              
                                                                                                                                
     PC  SPES  is  a  substance that  was  touted  to  treat                                                                    
     [prostate]  cancer,  and  the results  of  the  initial                                                                    
     research looked  quite good.   I  was suspicious  of it                                                                    
     ... and  did not use  it with  any patients.   It turns                                                                    
     out that  PC SPES was  adulterated with a  hormone, and                                                                    
     that's  why it  worked.   Once  that came  out, it  was                                                                    
     like, forget  it.  If  we wanted to use  hormones, we'd                                                                    
     refer for hormone treatment.                                                                                               
                                                                                                                                
     There  are  things  in  the world  which  are  new  and                                                                    
     unproven.   And, frankly, I  stay away from  those. ...                                                                    
     I'm willing to look at new  things as long as there's a                                                                    
     reasonable approach and some research behind it.                                                                           
                                                                                                                                
Number 1525                                                                                                                     
                                                                                                                                
CHAIR ANDERSON read  from a letter submitted to  the committee by                                                               
Alex  Malter,  M.D.,  president   of  the  Alaska  State  Medical                                                               
Association, which read in part [original punctuation provided]:                                                                
                                                                                                                                
     The Alaska State  Medical Association (ASMA) represents                                                                    
     physicians  statewide and  is primarily  concerned that                                                                    
     Alaskans receive high quality healthcare.                                                                                  
                                                                                                                                
     The  Association urges  you and  your committee  to not                                                                  
     support  HB  434.    The expansions  of  the  scope  of                                                                    
     practice  for naturopaths  through the  bill would  not                                                                    
     enhance  patient care  nor would  it improve  access to                                                                    
     care.                                                                                                                      
                                                                                                                                
     Medical  treatments fall  into three  broad categories:                                                                    
     1) Those that  have been proven to work;  2) Those that                                                                    
     have been  proven not to  work; and 3) Those  that have                                                                    
     not yet been adequately studied  to know whether or not                                                                    
     they  work.    Unfortunately,  naturopathic  treatments                                                                    
     often  fall into  the third  category,  being based  on                                                                    
     anecdote as opposed to scientific proof.                                                                                   
                                                                                                                                
     Training   for   naturopaths  is   significantly   less                                                                    
     rigorous than  that for physicians, in  both length and                                                                    
     depth of study.   Its emphasis on  natural healing does                                                                    
     not  allow adequate  opportunity  for  its students  to                                                                    
     fully  learn the  accepted  pathology, physiology,  and                                                                    
     pharmacology  necessary to  safely  treat most  medical                                                                    
     conditions.   Yet  HB 434  would  allow naturopaths  to                                                                    
     practice  many  aspects  of  medicine  heretofore  (and                                                                    
     appropriately)  limited to  physicians and  those other                                                                    
     with training  based in proven  medical science.   This                                                                    
     could be unsafe for Alaskan patients.                                                                                      
                                                                                                                                
     Additionally, expanding  the scope of practice  for the                                                                    
     35  naturopaths   in  Alaska  will   not  realistically                                                                    
     improve  access to  care  in the  state.   Indeed,  few                                                                    
     naturopaths  practice in  those  rural  areas in  which                                                                    
     access issues are most critical.                                                                                           
                                                                                                                                
     Finally,  anyone  not  licensed   as  a  physician  but                                                                    
     seeking  to  practice  in any  like  manner  should  be                                                                    
     legally  held  to  the  same  standard  of  care  as  a                                                                    
     licensed physician.   ASMA suggests  that if HB  434 is                                                                    
     enacted, it  should first be  amended to  keep existing                                                                    
     law pertaining to naturopaths in  place (AS 08.45.010 -                                                                    
     200),  and  a  subsection   should  be  added  to  hold                                                                    
     naturopaths to  the same standard  of care  as licensed                                                                    
     physicians in their treatment of any patient.                                                                              
                                                                                                                                
CHAIR ANDERSON asked Dr. Luper to respond to this letter,                                                                       
particularly in the area of standards.                                                                                          
                                                                                                                                
Number 1648                                                                                                                     
                                                                                                                                
DR.  LUPER  replied  that,  to  the best  of  his  ability,  he'd                                                               
presented the  committee with information  about the extent  of a                                                               
naturopathic  physician's education.   He  acknowledged that  not                                                               
all  naturopathic  students get  residencies,  but  they are  all                                                               
trained as  primary care providers;  they sit for  national board                                                               
exams,  and  this  indicates  a   certain  level  of  safety,  he                                                               
suggested.   The national board  exams include minor  surgery and                                                               
pharmacology.  He commented, "You go  to school, you learn how to                                                               
do  it, you  take a  test, then  you go  do it.   That's  ... the                                                               
system.  That's how it works."                                                                                                  
                                                                                                                                
DR. LUPER took  issue with Dr. Malter's assertion  that this bill                                                               
would not have  a large impact on healthcare in  Alaska.  He sees                                                               
approximately  30 patients  a week,  1,500 visits  annually.   He                                                               
estimated there  are about 20 practicing  naturopathic doctors in                                                               
Alaska and,  as a result, many  people's health is affected.   He                                                               
said  his patients  would certainly  argue that  what he  does is                                                               
significant.  He  said he felt that even  if naturopathic doctors                                                               
helped only  a handful of  patients improve their  health because                                                               
of this bill, then it would  be worthwhile.  He explained, "We're                                                               
asking  ...  to be  able  to  practice up  to  the  level of  our                                                               
education,  to  be able  to  practice  up  to  the level  of  our                                                               
training, so  that we can  provide the  best quality care  we can                                                               
for our patients."                                                                                                              
                                                                                                                                
CHAIR  ANDERSON   noted,  from   his  discussions   with  several                                                               
physicians,  that  there  is fear  that  this  legislation  could                                                               
result  in  someone  getting  hurt.   Referring  to  Section  13,                                                               
page 6, paragraph  (6), where minor  surgery is defined,  he said                                                               
concerns  he'd heard  included lack  of justification  to perform                                                               
this  type  of  procedure  without proper  medical  training  and                                                               
whether  [naturopathic  physicians]  are prepared  to  deal  with                                                               
problems that  may arise from  anesthetics when  performing minor                                                               
surgery.                                                                                                                        
                                                                                                                                
DR.  LUPER  responded  that   naturopathic  physicians  are  well                                                               
trained  in this  area,  since they  are trained  in  the use  of                                                               
sterile  technique and  local anesthetics,  and they  have "crash                                                               
carts"  available in  case  of serious  drug  reactions or  heart                                                               
problems.                                                                                                                       
                                                                                                                                
Number 1883                                                                                                                     
                                                                                                                                
CHAIR ANDERSON  noted that Section  15, on  the last page  of the                                                               
bill, repeals  AS 08.45.040,  pertaining to  required disclosures                                                               
to a patient.  He asked why this should be repealed.                                                                            
                                                                                                                                
DR. LUPER  clarified that  that section  refers to  a disclosure,                                                               
that "we have to say we are not physicians."                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG   asked  Dr.  Luper  if   he  could  get                                                               
malpractice insurance  and currently has to  disclose to patients                                                               
that  he has  malpractice insurance.   He  also asked  if medical                                                               
doctors  have to  disclose  to patients  that  they have  medical                                                               
malpractice insurance.                                                                                                          
                                                                                                                                
DR.  LUPER replied  that he  has insurance  and has  to, at  this                                                               
point, disclose  this fact to  his patients.   He didn't  know if                                                               
this was the case for allopathic doctors.                                                                                       
                                                                                                                                
Number 1977                                                                                                                     
                                                                                                                                
REPRESENTATIVE   LYNN  asked   if  naturopathic   physicians  are                                                               
admitted to  practice in  any hospital  in Alaska  or any  of the                                                               
other 49 states.                                                                                                                
                                                                                                                                
DR.  LUPER replied  that they  don't  have admitting  privileges,                                                               
although in the past they did.  He explained:                                                                                   
                                                                                                                                
     The profession  almost died out  in the '50s,  and it's                                                                    
     experienced  a resurgence,  ... starting  in the  '70s.                                                                    
     ...  Fully  one-third  of  the  profession  ...  is  in                                                                    
     school, learning to be  naturopathic physicians.  We've                                                                    
     had ...  a net gain  of eight  doctors in the  state in                                                                    
     the last  three years.   So, in  time, we  will achieve                                                                    
     these goals  of ... having  hospital privileges.   In a                                                                    
     way, we  are at  the position  where D.O.s  [doctors of                                                                    
     osteopathy] were back in the '50s and '60s.                                                                                
                                                                                                                                
Number 2050                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  for clarification  on the  minor-                                                               
surgery examination that naturopathic doctors take.                                                                             
                                                                                                                                
DR. LUPER responded that it  is a national board, multiple-choice                                                               
exam.  He gave some background information:                                                                                     
                                                                                                                                
     As part of the program,  naturopathic ... students have                                                                    
     to take  a course  of study in  minor surgery  to learn                                                                    
     the technique.  Then, when  they're in the clinic, they                                                                    
     have to  perform the procedures  on a  specialty minor-                                                                    
     surgery  shift where  they observe  first, and  then do                                                                    
     with assistance, and then do on  their own.  Now, to my                                                                    
     surprise, I  found that I had  a talent for this  and I                                                                    
     liked it. ... Let me remind you, ... every state that                                                                      
     licenses naturopathic physicians allows minor surgery,                                                                     
     except Alaska.                                                                                                             
                                                                                                                                
Number 2123                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GATTO  requested  Dr.  Luper's  comments  on  the                                                               
practice  of  prescribing  naturopathic medications  and  selling                                                               
them in the same office.                                                                                                        
                                                                                                                                
DR.  LUPER  replied that  many  of  his patients  need  specialty                                                               
nutrients that are not sold  locally.  He orders them, prescribes                                                               
them, and sells  these nutrients.  But if there  is another local                                                               
source, his patients will often use them.  He gave an example.                                                                  
                                                                                                                                
CHAIR ANDERSON asked if Dr.  Luper ever bought these nutrients in                                                               
bulk to sell to his patients.                                                                                                   
                                                                                                                                
DR. LUPER  replied that, yes, he  does this in order  to save his                                                               
patients money.                                                                                                                 
                                                                                                                                
Number 2198                                                                                                                     
                                                                                                                                
CLYDE  B. JENSEN,  Ph.D., Oregon  Health and  Science University,                                                               
testified  in support  of  HB  434 and  offered  a comparison  of                                                               
naturopathic   physicians   with   allopathic   and   osteopathic                                                               
physicians.   He provided some background  qualifications, noting                                                               
that he'd  held senior positions in  osteopathic, allopathic, and                                                               
naturopathic medical  schools.  He  said he became  the president                                                               
of  the National  College of  Naturopathic Medicine  in 1996  and                                                               
served in this capacity for five years.                                                                                         
                                                                                                                                
DR.  JENSEN  said  he  learned   several  valuable  things  while                                                               
teaching  and performing  administrative responsibilities  at the                                                               
nation's  oldest  naturopathic  medical  school.    He  said  the                                                               
criteria for  admission into each  of the three types  of medical                                                               
colleges are virtually  identical.  He found that  the people who                                                               
applied to  naturopathic medical school had  very strong feelings                                                               
about the  type of care  the naturopathic physician  can provide.                                                               
They  would have  succeeded in  conventional medical  schools but                                                               
chose naturopathy because it is  a less invasive, more preventive                                                               
type  of medical  practice.   He reiterated  that the  admissions                                                               
criteria   is  credible   and  almost   identical  to   those  of                                                               
conventional medical schools.                                                                                                   
                                                                                                                                
Number 2307                                                                                                                     
                                                                                                                                
DR. JENSEN  stated his  second point,  that the  basic biomedical                                                               
sciences are taught at generally  the same level of intensity and                                                               
order of magnitude, with the  same number of hours of instruction                                                               
and so forth  in each of the three types  of medical disciplines.                                                               
He  said he  was surprised  to  find that  basic pharmacology  is                                                               
taught in the  same way and at the same  level as at conventional                                                               
M.D.  medical schools,  where the  reliance on  drugs is  greater                                                               
than in the naturopathic profession.                                                                                            
                                                                                                                                
DR. JENSEN said he has  learned that naturopathic physicians have                                                               
some  advantages  in  their training  over  what  allopathic  and                                                               
osteopathic  physicians  have  in areas  of  nutrition,  physical                                                               
medicine, and,  at least  in the  case of  allopathic physicians,                                                               
herbal  medicine and  homeopathic  medicine.   He  said he  feels                                                               
these areas of knowledge are  effective and useful, and they give                                                               
naturopathic  physicians  training  in  the  area  of  preventive                                                               
medicine and chronic health care  that is, in many ways, superior                                                               
to that which conventional health care providers receive.                                                                       
                                                                                                                                
TAPE 04-14, SIDE B                                                                                                            
Number 2362                                                                                                                     
                                                                                                                                
DR. JENSEN  said instructors  of naturopathic  physicians realize                                                               
it  is imperative  for students  to know  how and  when to  refer                                                               
their  patients; he  was pleased  to  see that  the curricula  of                                                               
naturopathic  medical  schools  emphasize the  responsibility  of                                                               
naturopathic  physicians to  refer cases  that fall  beyond their                                                               
scope of practice.                                                                                                              
                                                                                                                                
DR.  JENSEN listed  the advantages  of a  conventional allopathic                                                               
and  osteopathic medical  education, including  more training  in                                                               
in-patient  facilities  where  the  student has  the  benefit  of                                                               
seeing  the  broad scope  of  pathology.   He  said  conventional                                                               
medical students receive more and  better training in the area of                                                               
pharmacotherapeutics because the teaching  physicians use more of                                                               
them.  Because  those medical students see more  drugs used, they                                                               
have  an advantage  in knowing  how to  use those  pharmaceutical                                                               
drugs.                                                                                                                          
                                                                                                                                
Dr. JENSEN  mentioned that graduate  medical education is  not as                                                               
well developed among  naturopathic medical education; residencies                                                               
and   fellowships  are   typically  paid   for  through   federal                                                               
entitlement programs  in conventional medicine,  and naturopathic                                                               
physicians do not  have access to entitlement  programs.  Without                                                               
that  federal  reimbursement, naturopathic  educational  programs                                                               
cannot afford to provide the  level of graduate medical education                                                               
that conventional medical schools provide.                                                                                      
                                                                                                                                
Number 2189                                                                                                                     
                                                                                                                                
CHAIR ANDERSON said he didn't  believe opposition to this bill on                                                               
the part of  conventional physicians that he had  spoken with was                                                               
based on  competition.  He  asked Dr.  Jensen why there  was such                                                               
opposition to this bill from medical doctors.                                                                                   
                                                                                                                                
DR. JENSEN replied:                                                                                                             
                                                                                                                                
     I  certainly  came  from mainstream  medical  education                                                                    
     into  a  naturopathic   medical  school,  knowing  very                                                                    
     little  about   naturopathic  medical   education  and,                                                                    
     frankly, being  somewhat skeptical of what  I was going                                                                    
     to encounter there.   My guess is that  the majority of                                                                    
     conventional  health  care  providers  have  that  same                                                                    
     skepticism  because  they  have had  little  experience                                                                    
     with the  naturopathic profession and are  not aware of                                                                    
     the intensity  and scope of  training, ...  [and] don't                                                                    
     know  enough  about  the  profession  to  know  how  to                                                                    
     interact with it.                                                                                                          
                                                                                                                                
Number 2110                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GATTO asked  whether  Dr.  Luper would  prescribe                                                               
that  his  patients  take  one-a-day   vitamins  and  that  those                                                               
vitamins are ones he sells.                                                                                                     
                                                                                                                                
DR. LUPER  replied that he  wants his  patients to get  what they                                                               
need, and  he went  on to  discuss the effects  of vitamins.   He                                                               
agreed  that  there  could  be  a conflict  of  interest  if  the                                                               
physician was unscrupulous.                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  noted  that  when  he  was  young,  medical                                                               
doctors sold medicine  out of their offices;  even today, doctors                                                               
pass out samples.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GATTO  talked  about a  naturopathic  physician's                                                               
prescribing a medicine that was harmful  to him.  He ascribed his                                                               
active interest in  patients and their care to  his background as                                                               
a paramedic.                                                                                                                    
                                                                                                                                
DR. LUPER remarked that all physicians make mistakes.                                                                           
                                                                                                                                
Number 1926                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GUTTENBERG referred  to Dr.  Malter's letter  and                                                               
the statement  therein, saying naturopathic treatments  fall into                                                               
the category  of "not  being adequately studied."   He  asked Dr.                                                               
Luper to respond to that statement.                                                                                             
                                                                                                                                
DR.  LUPER  disagreed,  citing   his  experience  with  reviewing                                                               
research.   He said he is  a well-trained physician and  uses his                                                               
knowledge and  experience to help  patients.  He said  he depends                                                               
on  the knowledge  and  experience of  other  medical people,  as                                                               
reported in the literature.                                                                                                     
                                                                                                                                
CHAIR ANDERSON gave an example  of a conventional prescription of                                                               
medication  for  hair  loss  that   he  believes  is  narrow  and                                                               
absolute.                                                                                                                       
                                                                                                                                
DR. LUPER contended that there  are alternatives to remedies that                                                               
are approved by the FDA [Federal Drug Administration].                                                                          
                                                                                                                                
Number 1813                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD  told  of his  17-year  experience  with                                                               
chronic hives  that was not  cured by conventional medicine.   He                                                               
said he'd met  a naturopathic physician who was  able to diagnose                                                               
and cure  him.  He offered  his belief that many  remedies aren't                                                               
studied because there is no profit motive to do so.                                                                             
                                                                                                                                
REPRESENTATIVE LYNN noted  that many over-the-counter medications                                                               
have a  warning that they haven't  been tested.  He  wondered why                                                               
they had not been tested.                                                                                                       
                                                                                                                                
DR. LUPER replied  that he thought most had been  tested and that                                                               
FDA approval costs hundreds of thousands  of dollars.  He said he                                                               
thinks many medicines are not  FDA-approved because there isn't a                                                               
large enough market for them.                                                                                                   
                                                                                                                                
Number 1565                                                                                                                     
                                                                                                                                
DANIEL YOUNG, N.D., Eagle River,  testified in support of HB 434,                                                               
noting that  he had  been practicing  in Alaska  since 1995  in a                                                               
practice he shares with his  wife, also a naturopathic physician.                                                               
He  provided his  educational and  professional  background.   He                                                               
said his first love is being  on the frontline with his patients.                                                               
Saying  he   came  to  represent   his  patients,  he   drew  the                                                               
committee's attention  to their packets,  where there was  a list                                                               
of 700 names,  categorized by district, of people who  want to be                                                               
able to access naturopathic medical health care.                                                                                
                                                                                                                                
DR. YOUNG  mentioned letters being  submitted by  medical doctors                                                               
in Alaska,  whom naturopathic physicians  work with on  a routine                                                               
or  daily basis  and who  support this  legislation because  they                                                               
support  naturopathic doctors'  ability to  practice to  the full                                                               
scope of  their training.   He noted that  naturopathic physician                                                               
services  are requested  by medical  doctors in  medical clinics,                                                               
specifically, Alaska Regional Medical Park.  He continued:                                                                      
                                                                                                                                
     The goal  of this bill  is to bring  our scope up  to a                                                                    
     level that is representative  and commensurate with our                                                                    
     education.   It  is not  about "us  and them."   It  is                                                                    
     about complementary  health care.   If you're in  a car                                                                    
     wreck, break an  arm, and come into  our office, you're                                                                    
     going  right to  the orthopedic  doctor because  that's                                                                    
     where  they  shine.   But  if  you have  arthritis  and                                                                    
     you've  tried every  drug in  the world  and you  still                                                                    
     have arthritis, you  might seek me out, and  I might be                                                                    
     able to help you a whole lot.                                                                                              
                                                                                                                                
Number 1379                                                                                                                     
                                                                                                                                
DR.  YOUNG surmised  that  a large  amount of  money  is pent  on                                                               
alternative  medicine, which  isn't naturopathic  medicine, where                                                               
the goal  is to  teach people to  live healthy  lifestyles rather                                                               
than  consume supplements.   He  related that  "doctor" in  Latin                                                               
means  teacher.   Naturopathic doctors  teach  their patients  to                                                               
make the  changes necessary to  improve their health.   He opined                                                               
that  research  is  manipulated  and  that  the  natural  product                                                               
industry has been bought out  by the pharmaceutical industry.  He                                                               
remarked,  "They don't  care  if  you're on  St.  John's wort  or                                                               
Zoloft,  because  they're  marketing  both."    In  contrast,  he                                                               
described the naturopathic approach:                                                                                            
                                                                                                                                
     We have a hierarchy of  therapeutics, and that means we                                                                    
     start  at  the  beginning  -  nutrition  and  diet  and                                                                    
     exercise,  stress  reduction.    Then  we  work  up  to                                                                    
     manipulation or  homeopathy or  different ways  that we                                                                    
     can help the  body to heal itself. ...   It's different                                                                    
     than going into a  medical primary-care situation where                                                                    
     there's a  whole cabinet of bright-colored  and popular                                                                    
     name  brands of  pharmacological  substances.   There's                                                                    
     lots  and  lots of  fluff  in  that  area. ...  We  can                                                                    
     provide  complementary care  in Alaska,  which is  good                                                                    
     for Alaskans, and it's what our patients want.                                                                             
                                                                                                                                
Number 1124                                                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO noted that there  is criticism about lack of                                                               
regulation with regard to natural  medicines sold at Wal-Mart and                                                               
Costco.  He  asked if Dr. Young exercises a  greater control over                                                               
the quality of the medicines  he prescribes and also markets what                                                               
he prescribes.                                                                                                                  
                                                                                                                                
DR.  YOUNG  replied  that  he  obtains  medicines  from  reliable                                                               
sources.  He  acknowledged that often there  are different grades                                                               
of  natural medicines,  with associated  costs.   He said  he was                                                               
against the purchase  of medicines from Wal-Mart  because he felt                                                               
"those are  an exploitation of  the tools that we  sometimes rely                                                               
on in natural  medicine."  He gave several  examples of medicines                                                               
that he  feels are exploited by  big business.  He  added that he                                                               
prescribes substances that  he knows will help;  has a one-to-one                                                               
relationship with  his patients; and  trusts the people  who make                                                               
the products he uses.  He continued:                                                                                            
                                                                                                                                
     I have a very tight rein  on the products that I use in                                                                    
     my practice.   Those are  the tools  of our trade.   We                                                                    
     have  that   right  in  naturopathic  medicine.     Our                                                                    
     education is  part of that  component.  We  are trained                                                                    
     in nutrition.  We're Ph.D.  levels in nutrition, and we                                                                    
     know  about  botanical  medicines.     We're  the  best                                                                    
     trained on  them.   When M.D.s  learn of  our training,                                                                    
     they write  us letters of support  because they're glad                                                                    
     we do what we do, because they don't have time.                                                                            
                                                                                                                                
DR. YOUNG  went on to  describe patients coming in  with shopping                                                               
bags  full  of  self-selected  medications;  he  described  their                                                               
confusion and vulnerability to marketing.                                                                                       
                                                                                                                                
Number 0748                                                                                                                     
                                                                                                                                
NANCY  THERRELL, Fairbanks,  testified that  she supports  HB 434                                                               
and works  at a naturopathic clinic.   She spoke of  her improved                                                               
health and  life, and of  the importance  of having a  choice for                                                               
patients.                                                                                                                       
                                                                                                                                
Number 0704                                                                                                                     
                                                                                                                                
FRANK THERRELL,  Fairbanks, testified in  support of HB 434.   He                                                               
provided personal experience with  conventional medicine that had                                                               
had poor outcomes,  and then spoke of being cured  of his ailment                                                               
by naturopathic medicine.                                                                                                       
                                                                                                                                
Number 0635                                                                                                                     
                                                                                                                                
MARY  MINOR, N.D.,  Anchorage, testified  in support  of HB  434.                                                               
She noted that  her background included 20 years  of licensure as                                                               
a naturopathic physician and practicing  since 1990 in Anchorage.                                                               
She said patients she sees are  in four categories.  Probably the                                                               
most common  is already seeing  both a conventional  provider and                                                               
her.   For  the  second, she  is the  primary  care provider;  if                                                               
another level  of expertise is  needed, she refers them  to other                                                               
kinds of providers.  Third is  a person who, like Mr. Farrell, is                                                               
suspicious  of  conventional medicine  and  doesn't  want to  see                                                               
another conventional  provider.   She remarked, "I  can't explain                                                               
to  you why  a person  with diabetes  will accept  a prescription                                                               
from  me,  but  that  same   prescription,  from  a  conventional                                                               
provider,  they're  suspicious  of."    Noting  that  the  fourth                                                               
category contains people already  on multiple prescriptions, some                                                               
of which  may be interacting  in a  way that isn't  helping their                                                               
quality of life, she said:                                                                                                      
                                                                                                                                
     I need  the flexibility to  help them wean down  to the                                                                    
     least amount  that is going  to be conducive to  a good                                                                    
     quality  of care.   With  the web  of providers  that I                                                                    
     have  in my  community that  I refer  to, and  who also                                                                    
     send patients  my way, I  think I'm in a  good position                                                                    
     to manage that situation.   That's why I think although                                                                    
     our licensing law  was good for its day,  17 years ago,                                                                    
     it's now time that we need to expand it.                                                                                   
                                                                                                                                
Number 0366                                                                                                                     
                                                                                                                                
CHAIR ANDERSON  assigned HB 434  to a subcommittee  consisting of                                                               
Representative   Gatto,  chair;   Representative  Crawford;   and                                                               
Representative Dahlstrom.   He requested that the  bill return to                                                               
the  committee  by February  25,  2004.   He  asked  subcommittee                                                               
members to  look at  a compromise with  the Alaska  State Medical                                                               
Association;  review  Section  13,   [paragraph]  (6),  on  minor                                                               
surgery; review Section  15 to see if that  complete repealing is                                                               
necessary; and  determine whether  current or  proposed revisions                                                               
relating  to  the  sale of  medication  from  these  naturopathic                                                               
offices are grounded in a  question of ethics or potential fraud.                                                               
[HB 434 was held over.]                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
4:50 p.m.                                                                                                                       

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