Legislature(2005 - 2006)

04/06/2005 04:26 PM House L&C


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                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 6, 2005                                                                                          
                           4:26 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom Anderson, Chair                                                                                              
Representative Gabrielle LeDoux                                                                                                 
Representative Bob Lynn                                                                                                         
Representative Norman Rokeberg                                                                                                  
Representative Harry Crawford                                                                                                   
Representative David Guttenberg                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Pete Kott                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
HOUSE BILL NO. 151                                                                                                              
"An Act relating to provider responsibility for ocular                                                                          
postoperative care; and providing for an effective date."                                                                       
                                                                                                                                
     - MOVED CSHB 151(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 169                                                                                                              
"An  Act relating  to the  educational  requirements for  certain                                                               
real  estate brokers,  associate brokers,  and salespersons  with                                                               
new or  suspended licenses; and  allowing real estate  brokers to                                                               
hire  certain experts  to review  real  estate transactions;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 169(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 226                                                                                                              
"An Act relating to breaches of security involving personal                                                                     
information; and relating to credit report security freezes."                                                                   
                                                                                                                                
     - BILL HEARING POSTPONED                                                                                                   
                                                                                                                                
HOUSE BILL NO. 240                                                                                                              
"An Act relating to brewery and brew pub licensing."                                                                            
                                                                                                                                
     - BILL HEARING POSTPONED                                                                                                   
                                                                                                                                
HOUSE BILL NO. 180                                                                                                              
"An Act relating  to a special deposit  for workers' compensation                                                               
and  employers' liability  insurers;  relating  to assigned  risk                                                               
pools; relating  to workers'  compensation insurers;  stating the                                                               
intent  of   the  legislature,   and  setting   out  limitations,                                                               
concerning the  interpretation, construction,  and implementation                                                               
of workers'  compensation laws; relating  to the  Alaska Workers'                                                               
Compensation   Board;  establishing   a   division  of   workers'                                                               
compensation  within  the  Department   of  Labor  and  Workforce                                                               
Development,  assigning  certain   Alaska  Workers'  Compensation                                                               
Board  functions   to  the  division  and   the  department,  and                                                               
authorizing the board to  delegate administrative and enforcement                                                               
duties  to the  division;  establishing  a Workers'  Compensation                                                               
Appeals Commission;  providing for workers'  compensation hearing                                                               
officers  in  workers'   compensation  proceedings;  relating  to                                                               
workers'  compensation medical  benefits and  to charges  for and                                                               
payment of fees for the  medical benefits; relating to agreements                                                               
that  discharge  workers'  compensation  liability;  relating  to                                                               
workers' compensation  awards; relating to  reemployment benefits                                                               
and  job  dislocation  benefits;   relating  to  coordination  of                                                               
workers' compensation  and certain disability  benefits; relating                                                               
to  division  of  workers'   compensation  records;  relating  to                                                               
release of  treatment records; relating to  an employer's failure                                                               
to insure  and keep  insured or  provide security;  providing for                                                               
appeals   from   compensation   orders;  relating   to   workers'                                                               
compensation   proceedings;    providing   for    supreme   court                                                               
jurisdiction of  appeals from  the Workers'  Compensation Appeals                                                               
Commission;  providing  for a  maximum  amount  for the  cost-of-                                                               
living  adjustment for  workers' compensation  benefits; relating                                                               
to  attorney fees;  providing for  the department  to enter  into                                                               
contracts  with nonprofit  organizations  to provide  information                                                               
services   and  legal   representation   to  injured   employees;                                                               
providing  for administrative  penalties for  employers uninsured                                                               
or without adequate security  for workers' compensation; relating                                                               
to fraudulent acts or false  or misleading statements in workers'                                                               
compensation and penalties for the  acts or statements; providing                                                               
for members of  a limited liability company to be  included as an                                                               
employee for  purposes of  workers' compensation;  establishing a                                                               
workers'  compensation benefits  guaranty fund;  relating to  the                                                               
second injury  fund; making conforming amendments;  providing for                                                               
a study and report by  the medical services review committee; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: HB 151                                                                                                                  
SHORT TITLE: RESPONSIBILITY FOR CARE AFTER EYE SURGERY                                                                          
SPONSOR(S): LABOR & COMMERCE BY REQUEST                                                                                         
                                                                                                                                
02/14/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (H)       HES, L&C                                                                                               
03/01/05       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/01/05       (H)       Scheduled But Not Heard                                                                                
03/08/05       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/08/05       (H)       Heard & Held                                                                                           
03/08/05       (H)       MINUTE(HES)                                                                                            
03/17/05       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/17/05       (H)       Moved CSHB 151(HES) Out of Committee                                                                   
03/17/05       (H)       MINUTE(HES)                                                                                            
03/18/05       (H)       HES RPT CS(HES) 2DP 5DNP                                                                               
03/18/05       (H)       DP: ANDERSON, MCGUIRE;                                                                                 
03/18/05       (H)       DNP: CISSNA, GARDNER, SEATON, KOHRING,                                                                 
                         WILSON                                                                                                 
04/06/05       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: HB 169                                                                                                                  
SHORT TITLE: REAL ESTATE LICENSEES                                                                                              
SPONSOR(S): REPRESENTATIVE(S) ROKEBERG                                                                                          
                                                                                                                                
02/22/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/05       (H)       L&C, FIN                                                                                               
04/06/05       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JON BITTNER, Staff                                                                                                              
for Representative Anderson                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 151.                                                                             
                                                                                                                                
ERIC CHRISTIANSON, Optometrist                                                                                                  
American Optometric Association                                                                                                 
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT: Testified against HB 151.                                                                                   
                                                                                                                                
DR. CARL ROSEN, Ophthalmologist                                                                                                 
Alaska Eye Physicians and Surgeons                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 151.                                                                             
                                                                                                                                
DR. SHERYL LENTFER, Optometrist                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified against HB 151.                                                                                   
                                                                                                                                
DR. RANDY JOHNSTON, Senior Secretary for Advocacy                                                                               
American Academy of Ophthalmology                                                                                               
Cheyenne, Wyoming                                                                                                               
POSITION STATEMENT: Testified in support of HB 151.                                                                             
                                                                                                                                
BOB LOESCHER, Co-Chairman                                                                                                       
Alaska Native Brotherhood                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 151.                                                                             
                                                                                                                                
DAVE FEEKEN, Industry Issues Legislative Chair                                                                                  
Alaska Association of Realtors                                                                                                  
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 109.                                                                            
                                                                                                                                
PEGGY MCCONNOCHIE, Member                                                                                                       
Key Industry Issues Workgroup,                                                                                                  
Alaska Association of Realtors;                                                                                                 
Education Chair,                                                                                                                
Subcommittee of the Alaska Real Estate Commission                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 109.                                                                             
                                                                                                                                
BRAD FLETCH, Public Member                                                                                                      
Alaska Real Estate Commission                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 109.                                                                             
                                                                                                                                
JERRY ROYSE, Member                                                                                                             
Royse and Associates                                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 109.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR TOM ANDERSON  called the House Labor  and Commerce Standing                                                             
Committee  meeting  to  order at  4:26:34  PM.    Representatives                                                             
Anderson, Lynn, Rokeberg,  and Crawford were present  at the call                                                               
to order.   Representatives LeDoux and Guttenberg  arrived as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
HB 151-RESPONSIBILITY FOR CARE AFTER EYE SURGERY                                                                              
CHAIR ANDERSON announced that the first order of business would                                                                 
be HOUSE BILL NO. 151, "An Act relating to provider                                                                             
responsibility for  ocular postoperative care; and  providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
4:27:42 PM                                                                                                                    
                                                                                                                                
JON  BITTNER, Staff  for  Representative  Anderson, Alaska  State                                                               
Legislature,  related  that  on  page 1,  line  12,  changes  the                                                               
minimum  amount  of  time  that  an  ophthalmologist  had  to  be                                                               
available to his or her patient from  120 hours to 48 hours.  The                                                               
change was made by the sponsor  in response to testimony that 120                                                               
hours might  be too much of  a hardship on ophthalmologists.   It                                                               
was felt that  48 hours would be enough time  to notice any major                                                               
complications after surgery as well  as being a reasonable amount                                                               
of  time to  ask  a doctor  to  stay  in touch  with  his or  her                                                               
patient.    He  then  stated  that  HB  151  outlines  rules  and                                                               
restrictions regarding  the delegation of postoperative  care for                                                               
eye surgery patients.   He listed the provisional  changes as the                                                               
following [original punctuation provided]:                                                                                      
                                                                                                                                
     Section 1.  Adds a new section to AS 08.64                                                                               
     Places limits  on how and  when a surgeon  who performs                                                                    
     eye surgery  in this state may  delegate responsibility                                                                    
     to someone else for post-operative care of the patient                                                                     
                                                                                                                                
     Mandates that  a surgeon who performs  the surgery must                                                                    
     remain  physically  available  to the  patient  for  48                                                                    
     hours                                                                                                                      
                                                                                                                                
     The  doctor may  delegate this  responsibility if  they                                                                    
     arrange for  another ophthalmologist to care  for their                                                                    
     patient for the 120 hours                                                                                                  
                                                                                                                                
   - Defining the provisions of a co-management agreement.                                                                      
                                                                                                                                
   - Outlines   when    a   co-management    agreement   for                                                                    
     postoperative care may be entered into.                                                                                    
                                                                                                                                
   - Maintains that any fees incurred as a result of a co-                                                                      
     management agreement must reflect fair market value.                                                                       
                                                                                                                                
   - Includes provision for disclosure of the co-management                                                                     
     agreement to the patient                                                                                                   
                                                                                                                                
     Section 2-3.  Amends AS 08.64.370                                                                                        
     Requires compliance with Sec. 1  of the bill by certain                                                                    
     people who are exempt from licensing as physicians.                                                                      
                                                                                                                                
     Section 4.  Amends AS 08.64.380                                                                                          
     Adds definition of "knowingly" which  is a term used in                                                                    
     sections 1 and 3 of the bill.                                                                                              
                                                                                                                              
     Section 5 and 7 Amends  the uncodified law of the State                                                                  
     of Alaska and  adds an effective date.   These sections                                                                    
     allow the State Medical  Board to begin the regulations                                                                    
     process before the rest of the bill takes effect.                                                                        
                                                                                                                                
     Section 6.   Amends the uncodified law of  the State of                                                                  
     Alaska and applies  the amendments made by  the bill to                                                                    
     eye surgery  occurring on or  after the  effective date                                                                    
     of Sections 1-4 of the bill.                                                                                             
                                                                                                                                
MR.  BITTNER then  stated  that the  intent of  this  bill is  to                                                               
provide standards of care  regarding co-management agreements for                                                               
post-operative  care of  eye surgery  patients.   The sponsor  of                                                               
this bill feels that there is  a certain minimum standard of care                                                               
each  and  every  Alaskan  should   expect  after  receiving  eye                                                               
surgery, which HB 151 ensures.                                                                                                  
                                                                                                                                
MR. BITTNER  clarified that this  bill in no way  reflects poorly                                                               
on the  co-management system.   [The sponsor] is not  against the                                                               
collaboration of ophthalmologists and  optometrists when it is in                                                               
the  best  interests of  the  patient.   The  legislation  merely                                                               
attempts to  set certain  limits on  the co-management  system to                                                               
ensure that  the patients' needs come  first.  He noted  that Dr.                                                               
Rosen was  in the audience and  would be able to  answer the more                                                               
technical questions.                                                                                                            
                                                                                                                                
4:31:00 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
ERIC CHRISTIANSON, Optometrist,  American Optometric Association,                                                               
stated for the record that  he and the association are vehemently                                                               
opposed to  the legislation.   He mentioned that he  helped craft                                                               
very similar legislation last year.   Dr. Christianson emphasized                                                               
that there is no precedent for  legislation of this nature and it                                                               
doesn't  exist  in  any  other state.    Dr.  Christianson  said,                                                               
"Optometrists in Alaska are state  licensed to examine, diagnose,                                                               
and treat  conditions of the  human eyes, employing  methods they                                                               
are  educationally  qualified  to  use,  as  established  by  the                                                               
Optometry  Board."    Furthermore,   co-management  of  pre-  and                                                               
postoperative  care is  already  highly  regulated under  federal                                                               
law.   Dr. Christianson charged  that HB 151 will  reduce patient                                                               
access  to care,  limit freedom  of choice,  and increase  costs,                                                               
especially  for  rural patients.    "There  is no  public  health                                                               
justification for this bill," he  said.  Dr. Christianson related                                                               
that HB 151  doesn't directly impact him because  he practices in                                                               
Ketchikan where  there isn't an  ophthalmologist present  all the                                                               
time.    Therefore, practically  all  of  his patients  requiring                                                               
surgery  must   travel.    This  legislation   covers  the  urban                                                               
optometrists,  who are  no different  than  [those practicing  in                                                               
areas  where there  is  no ophthalmologist].    The education  an                                                               
optometrist receives is  very similar to that of a  dentist and a                                                               
family  practice   doctor.    He  opined   that  regular  medical                                                               
physician education in eye disease  has diminished, and therefore                                                               
he related that he sees practically every red eye in town.                                                                      
                                                                                                                                
DR. CHRISTIANSON  specified that [the association]  is opposed to                                                               
HB 151 because clinical decision-making  is being legislated.  He                                                               
related that  when he chooses  a surgeon  to refer a  patient, he                                                               
chooses the  surgeon based  on clinical  skill and  the surgeon's                                                               
judgment   regarding  when   to  release   the  patient   to  the                                                               
optometrist.    Dr. Christianson  said  that  he didn't  see  the                                                               
epidemiological evidence  to support that optometrists  are going                                                               
beyond the scope [of their education/training].                                                                                 
                                                                                                                                
REPRESENTATIVE   LEDOUX  related   her  understanding   from  Dr.                                                               
Christianson's  testimony  and from  others  with  which she  has                                                               
spoken  that  there  is  an  exemption  from  HB  151  for  those                                                               
optometrists located  in areas without  an ophthalmologist.   She                                                               
asked where this exemption is located in the bill.                                                                              
                                                                                                                                
CHAIR ANDERSON pointed  out that the language is  located on page                                                               
2, lines 13-15.                                                                                                                 
                                                                                                                                
DR. CHRISTIANSON  highlighted that  the language  doesn't specify                                                               
an optometrist.                                                                                                                 
                                                                                                                                
4:37:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  related her understanding  from subsection                                                               
(c) that a surgeon could  only have a comanagement agreement with                                                               
another ophthalmologist.   Therefore, she  interpreted subsection                                                               
(d) to mean that [if the  distance a patient would have to travel                                                               
to  the operating  ophthalmologist  is a  hardship], the  patient                                                               
could only be referred to an ophthalmologist.                                                                                   
                                                                                                                                
DR. CHRISTIANSON commented  that this bill is  poorly written and                                                               
many  angles from  which one  can  attack it.   Dr.  Christianson                                                               
opined that  he doesn't believe  HB 151 serves the  public health                                                               
of the patient.  Furthermore,  it calls into question the ability                                                               
of optometrists to  do a procedure that they have  been doing for                                                               
25  years  and  for  which  no  real  evidence  of  problems  has                                                               
occurred.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  LEDOUX surmised  that  Dr. Christianson  believes                                                               
that with or without the exemption, HB 151 is bad bill.                                                                         
                                                                                                                                
DR. CHRISTIANSON stated  that this bill is bad  because it treats                                                               
people who  are in  the city  different than  those in  the rural                                                               
areas.    He characterized  HB  151  as anti-patient  and  geared                                                               
toward  benefiting special  interests.   He highlighted  that the                                                               
committee was provided with  studies illustrating that optometric                                                               
comanagement  of surgical  cases  has similar  outcomes as  those                                                               
managed by the surgeons themselves.                                                                                             
                                                                                                                                
REPRESENTATIVE  ROKEBERG inquired  as to  the difference  in cost                                                               
between an  optometrist and an  ophthalmologist [for 48  hours of                                                               
postoperative care].                                                                                                            
                                                                                                                                
4:40:49 PM                                                                                                                    
                                                                                                                                
DR.  CHRISTIANSON  related  that   the  most  commonly  performed                                                               
procedures  are  usually  covered   by  Medicare,  and  therefore                                                               
Medicare specifies the charges.   Optometrists can only charge 20                                                               
percent   of   the   surgical   fee,   which   means   that   the                                                               
ophthalmologist has  to reduce his  or her  fee by 20  percent to                                                               
allow for payment  to go to an optometrist.   This is because the                                                               
most  common surgeries,  such as  cataract  surgery, occurs  with                                                               
patients who are over 65 and thus is covered by Medicare.                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG  explained that his wife,  who is retired                                                               
and is  not on Medicare,  had cataract surgery this  past summer.                                                               
Therefore,   he  again   inquired  as   to  the   cost  of   care                                                               
differential.                                                                                                                   
                                                                                                                                
DR. CHRISTIANSON said that he  could not answer because he didn't                                                               
know what ophthalmologists charge  for cataract surgery, although                                                               
he guessed optometrists would charge less than ophthalmologists.                                                                
                                                                                                                                
REPRESENTATIVE  LYNN asked  how many  ophthalmologists [from  the                                                               
Lower 48] perform cataract surgery in Alaska.                                                                                   
                                                                                                                                
DR.  CHRISTIANSON  answered  that  there are  two  and  they  are                                                               
members of one group.                                                                                                           
                                                                                                                                
REPRESENTATIVE  LYNN  asked  how many  ophthalmologists  who  are                                                               
Alaskan residents perform surgery in Alaska.                                                                                    
                                                                                                                                
4:42:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  asked what  would happen to  a patient                                                               
when during  the 48  hours after the  surgery the  patient needed                                                               
care  that  is outside  the  scope  of  what  is allowed  in  the                                                               
profession of an optometrist.                                                                                                   
                                                                                                                                
DR. CHRISTIANSON stated that there is  a plan in place for such a                                                               
situation.   He  stated that  in his  area, he  would contact  an                                                               
emergency room  physician as  well as  the surgeon  who performed                                                               
the cataract  surgery and offer  suggestions as to the  course to                                                               
take.   If the situation  occurred in Anchorage,  the optometrist                                                               
would consult  with the ophthalmologist  and the  optometrist who                                                               
works  at the  ophthalmologist's  facility.   He  noted that  the                                                               
aforementioned optometrist is  residency trained in postoperative                                                               
care of patients.  Some  of these optometrists, like Paul Barney,                                                               
have seen  upwards of 30,000  one-day after surgical  care visits                                                               
with  patients over  the years.   This  figure, Dr.  Christianson                                                               
opined,   would   seem   to   be    more   patients   than   many                                                               
ophthalmologists see for cataract surgery.                                                                                      
                                                                                                                                
REPRESENTATIVE   GUTTENBERG  inquired   as  to   how  often   Dr.                                                               
Christianson  has to  refer a  patient  to whom  he is  providing                                                               
postoperative  care to  the original  ophthalmologist or  someone                                                               
else.                                                                                                                           
                                                                                                                                
4:45:13 PM                                                                                                                    
                                                                                                                                
DR.  CHRISTIANSON answered  that it  rarely happens,  although it                                                               
would  depend  upon  the  surgery.   He  related  that  continual                                                               
discussion  and the  patient returning  multiple  times are  more                                                               
technical  surgeries, such  as retinal  detachment surgery.   Dr.                                                               
Christianson informed  the committee that the  surgeries that the                                                               
ophthalmologist impacted by this  legislation is cataract surgery                                                               
and refractive surgery aren't systemically involved surgeries.                                                                  
                                                                                                                                
REPRESENTATIVE  ROKEBERG surmised  that  this  legislation, as  a                                                               
practical matter,  wouldn't affect  Dr. Christianson  since there                                                               
is not an ophthalmologist in his community.                                                                                     
                                                                                                                                
DR.  CHRISTIANSON,   in  response  to   Representative  Rokeberg,                                                               
explained that  the concern is with  a particular ophthalmologist                                                               
who leaves patients  in the care of an optometrist  after only 48                                                               
hours.   He  questioned  why there  is a  need  to regulate  this                                                               
practice when  in the eight years  he was on the  board there was                                                               
not one instance or discussion  with the medical board concerning                                                               
problems  of patients  receiving poor  care [from  an optometrist                                                               
provide postoperative care].                                                                                                    
                                                                                                                                
4:47:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG  concluded then that this  isn't an issue                                                               
of quality of care but rather  one based on economic arguments.                                                                 
                                                                                                                                
DR. CHRISTIANSON agreed  that this bill is based on  cost of care                                                               
arguments.  He characterized HB  151 as legislation that detracts                                                               
optometrists   from   focusing   on   the   amplification   bill.                                                               
Furthermore,  legislation similar  to HB  151 has  been attempted                                                               
nationally in  order to limit  the comanagement  for optometrists                                                               
in order that [ophthalmologists] can take away care.                                                                            
                                                                                                                                
4:48:42 PM                                                                                                                    
                                                                                                                                
DR. CHRISTIANSON  offered an example  in which an  optometrist in                                                               
Oklahoma can perform  laser surgery after going  through the same                                                               
education  and training  to do  so.   An optometrist  doing laser                                                               
surgeries  in   a  Veterans'  Administration  (VA)   facility  in                                                               
Oklahoma.      A   local   ophthalmologist   charged   that   the                                                               
aforementioned  optometrist was  providing improper  care despite                                                               
the  fact  that  there  was  no  epidemiological  evidence.    He                                                               
explained  that   the  aforementioned  situation   arose  because                                                               
optometry does their higher order  residencies through the VA and                                                               
doesn't  receive funds  for residencies  from the  Medicare while                                                               
ophthalmology  and other  medical subspecialties  do.   He stated                                                               
that if the  higher order residencies performed  at VA facilities                                                               
are stopped, it stops optometry from moving forward.                                                                            
                                                                                                                                
4:49:43 PM                                                                                                                    
                                                                                                                                
DR.  CHRISTIANSON,   in  response  to   Representative  Rokeberg,                                                               
confirmed that a  patient located in an  urban with postoperative                                                               
problems [beyond the scope of  the optometrist] would be referred                                                               
to an available surgical ophthalmologist.                                                                                       
                                                                                                                                
CHAIR ANDERSON  noted that as  the Chair  of the House  Labor and                                                               
Commerce Standing Committee  he is the sponsor of HB  151 and "it                                                               
rubs  him wrong"  when the  optometrist said  that HB  151 is  an                                                               
anti-business  and   anti-patient  bill.     He  the   asked  why                                                               
Providence   Hospital,  the   Medical   Board   of  Alaska,   and                                                               
ophthalmologists  around the  state  and the  nation support  the                                                               
bill.                                                                                                                           
                                                                                                                                
DR.  CHRISTIANSON said  that all  those  supporting entities  and                                                               
individuals are physicians.   Although he agreed that  there is a                                                               
difference of  opinion, he  reiterated the  need bring  forth the                                                               
evidence  to support  the notion  that optometrists  are bringing                                                               
forward inferior  care.  He  specified, "You're  taking something                                                               
away that we have been doing for 25 years without problem."                                                                     
                                                                                                                                
CHAIR  ANDERSON  recalled  Dr. Christianson's  testimony  stating                                                               
that  this legislation  is an  anomaly since  similar legislation                                                               
had  not  passed  in  other  states.    However,  Chair  Anderson                                                               
recalled that  several years ago  similar legislation  passed the                                                               
Alaska State  Legislature, but was ultimately  vetoed by Governor                                                               
Knowles.                                                                                                                        
                                                                                                                                
DR.  CHRISTIANSON  clarified  that the  legislation  which  Chair                                                               
Anderson recalled was the amplification legislation.                                                                            
                                                                                                                                
4:51:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  inquired as  to  the  meaning of  the  term                                                               
"cataract mill" used in the sponsor statement.                                                                                  
                                                                                                                                
CHAIR ANDERSON deferred to Dr. Rosen.                                                                                           
                                                                                                                                
REPRESENTATIVE LYNN  continued by  stating that you  mention this                                                               
derogatory term  in the new  cover statement, but it  isn't found                                                               
in the older  sponsor statement.  He added that  the inclusion of                                                               
this statement must have some kind of significance.                                                                             
                                                                                                                                
CHAIR ANDERSON answered that it  did, and then directed attention                                                               
to the next witness.                                                                                                            
                                                                                                                                
DR.  CARL  ROSEN,  Ophthalmologist,  Alaska  Eye  Physicians  and                                                               
Surgeons, informed the committee that  he is the only orbital and                                                               
oculoplastic  surgeon,  and neuro-ophthalmologist  specialist  in                                                               
the state  of Alaska.  Dr.  Rosen stated that common  sense would                                                               
dictate that a  surgeon physician, a graduate  of medical school,                                                               
should decide,  after a discussion  with the patient,  who should                                                               
have surgery.   Further,  the surgeon  should obtain  consent for                                                               
the  surgery  and  should  follow   the  patient  after  surgery.                                                               
However, the "opposition" would have everyone believe otherwise.                                                                
                                                                                                                                
DR. ROSEN  firmly stated that  all [ophthalmologists]  are asking                                                               
is that  once a surgeon operates  on a patient, that  the surgeon                                                               
be available  to the patient for  48 hours after the  surgery, or                                                               
have another  similarly trained ophthalmologist take  care of the                                                               
patient  during this  time period  when complications  most often                                                               
occur.  After that, he said,  an optometrist can assume care.  He                                                               
then  made it  clear  that rural  areas  are exempt.    If it  is                                                               
necessary for  a patient  to be  co-managed with  an optometrist,                                                               
that is  fine with [ophthalmologists].   A  comanaged arrangement                                                               
with an optometrist can also work  when there is a hardship issue                                                               
or travel  constraint by either the  patient or the doctor.   Dr.                                                               
Rosen   stressed   that  [ophthalmologists]   aren't   advocating                                                               
eliminating comanagement.   Although comanagement has  been going                                                               
on  for years,  it  shouldn't  be reflexive  or  routine.   "That                                                               
relationship  ...  has  occurred   ...  because  of  a  financial                                                               
relationship that  has been developed  by some of  these cataract                                                               
mills.   What we are  trying to  do is prevent  further itinerant                                                               
surgeons.   And  there are  rumors  flying around  that more  are                                                               
coming because the business model  that has been created works so                                                               
effectively," he explained.                                                                                                     
                                                                                                                                
4:54:29 PM                                                                                                                    
                                                                                                                                
DR.   ROSEN stated that the  Office of the Inspector  General and                                                               
Medicare  never  expected or  intended  comanagement  to be  done                                                               
routinely.  Originally,  comanagement was intended to  be used on                                                               
a patient-by-patient  basis in which the  patient understood what                                                               
was going on  and this would only occur when  the surgeon was not                                                               
around.   However, it's problematic  to establish a  situation in                                                               
which the surgeon  would simply show up for  surgery, perform the                                                               
surgery [with  no follow up], and  move on.  This  business model                                                               
is relatively  new, which explains why  it has received a  lot of                                                               
interest recently.                                                                                                              
                                                                                                                                
4:55:30 PM                                                                                                                    
                                                                                                                                
DR. ROSEN  then turned to  a situation in  which a patient  has a                                                               
problem [after surgery].  He  pointed out that optometrists don't                                                               
carry a  beeper that attaches  them to  a facility all  day every                                                               
day.  Furthermore, an optometrist  doesn't have privileges or the                                                               
authority  to  walk   into  a  hospital  and   see  the  patient.                                                               
Therefore, when a  patient of an itinerant  surgeon has problems,                                                               
the  local  ophthalmologist  is  beeped  by  the  hospital.    He                                                               
commented  that an  itinerant surgeon  who performs  100 cases  a                                                               
month  is a  phenomenal amount  of cases.   Dr.  Rosen said  that                                                               
problems have occurred and one  can find the epidemiological data                                                               
if one  digs deep  enough.   In fact, six  months ago,  Dr. Rosen                                                               
said his  beeper went off  at 11:30 p.m.,  and he could  not find                                                               
the patient's  optometrist.  Therefore,  he had to deal  with the                                                               
emergency  room,  see  a  patient  who  had  never  been  to  his                                                               
facility, which is the largest  practice in Alaska.  Furthermore,                                                               
he had to track down the surgeon, Dr. Ford, which was not easy.                                                                 
                                                                                                                                
4:56:58 PM                                                                                                                    
                                                                                                                                
DR. ROSEN  then said that  this same practitioner, Dr.  Ford, has                                                               
failed to describe other complications  that have occurred.  With                                                               
so  many  surgeries,   he  said  that  there  are   bound  to  be                                                               
complications.    He  acknowledged  that  he  isn't  known  as  a                                                               
cataract surgeon, but rather is  known for facial reconstruction,                                                               
tumors, cancers,  plane wrecks, and  bear maulings.   [This being                                                               
the case,  he still had to  cover the cases that  were dropped by                                                               
optometrists and other surgeons].                                                                                               
                                                                                                                                
CHAIR ANDERSON informed the committee  that Dr. Ford is a medical                                                               
doctor  who   owns  a  practice   [Pacific  Cataract   and  Laser                                                               
Institute] in Washington  State.  Dr. Ford works  along side five                                                               
other doctors who fly to Alaska to perform these surgeries.                                                                     
                                                                                                                                
DR. ROSEN  agreed and said that's  what he means by  an itinerant                                                               
surgeon.    He  pointed  out   that  [Dr.  Ford  and  his  fellow                                                               
ophthalmologists]  have   never  taken  "call"  [called   to  the                                                               
hospital by his  beeper] in the state of Alaska,  and they do not                                                               
have  privileges  at  Providence   Hospital  or  Alaska  Regional                                                               
Hospital.  However,  the medical practitioners in  Alaska do take                                                               
call, which is a service for the  people that is free and part of                                                               
the medical  care provided  to the  community.   In so  doing, it                                                               
increases  the liability  of those  [ophthalmologists] in  Alaska                                                               
and places  more demand on his  life.  He noted  that taking call                                                               
is not required and he could decide  to do what Dr. Ford does and                                                               
not have any  attachment to either Providence  Hospital or Alaska                                                               
Regional Hospital.                                                                                                              
                                                                                                                                
DR. ROSEN  ended by stating  that complications will  occur, even                                                               
to the best  of surgeons.  He offered [in  referring to Dr. Ford]                                                               
that when one performs 1,100  procedures, there will be more than                                                               
three complications  in a seven-  to eight-year time period.   He                                                               
indicated that  Dr. Ford  failed to mention  that there  had been                                                               
over  15 retinal  detachments last  year alone,  which Dr.  Rosen                                                               
opined is  a complication.   In summary, Dr.  Rosen characterized                                                               
HB 151 as  a good bill that  will raise the standard  of care for                                                               
Alaskans.                                                                                                                       
                                                                                                                                
4:59:42 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON informed the committee  that there is a conceptual                                                               
amendment to page 2, line  4, following "ophthalmologist", insert                                                               
"or optometrist".  Such a  change should address the concern over                                                               
communities.                                                                                                                    
                                                                                                                                
5:00:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE     LYNN    inquired     as     to    how     many                                                               
complaints/complications Dr.  Rosen has received within  the last                                                               
year resulting from cataract surgery.                                                                                           
                                                                                                                                
DR. ROSEN  said that his  group did not  like to delve  into this                                                               
area, and  noted that  his group  did not  have a  database where                                                               
they collect information on [the  number of] complications.  This                                                               
is  left  up to  the  trial  attorneys.    He then  reminded  the                                                               
committee that he was not a  cataract surgeon per se, but he does                                                               
it when required.  He indicated  that for his testimony today, he                                                               
did a little  digging and came up with the  numbers he presented.                                                               
"So, I  don't know exactly  how many,  but it's more  than what's                                                               
talked about at  the last testimony," he emphasized.   In further                                                               
response  to Representative  Lynn, Dr.  Rosen specified  that the                                                               
information he  provided is  more than  anecdotal, but  he wasn't                                                               
sure whether it would be appropriate  to "go into it a little bit                                                               
more".                                                                                                                          
                                                                                                                                
5:01:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN asked  if this bill is aimed  at some outside                                                               
practitioner.                                                                                                                   
                                                                                                                                
DR. ROSEN clarified  that the desire is  avoid itinerant surgeons                                                               
in Alaska using this type of business model.                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN returned  to  the reference  in the  sponsor                                                               
statement  to "cataract  mill" and  asked  if Dr.  Rosen knew  of                                                               
anyone  practicing in  the state  who was  operating a  "cataract                                                               
mill".                                                                                                                          
                                                                                                                                
DR. ROSEN replied yes.                                                                                                          
                                                                                                                                
REPRESENTATIVE  LYNN asked  if he  could define  what a  cataract                                                               
mill was.                                                                                                                       
                                                                                                                                
5:02:04 PM                                                                                                                    
                                                                                                                                
DR.   ROSEN,  in   further  response   to  Representative   Lynn,                                                               
classified that surgeons who perform  about 100 cases in a three-                                                               
day period and  don't see the patient before of  after surgery to                                                               
be running  a cataract  mill.  Dr.  Rosen informed  the committee                                                               
that there are at least five  cataract mills that he knew of, but                                                               
he reminded the  committee that there is no  central database for                                                               
these procedures done in Alaska.                                                                                                
                                                                                                                                
5:03:04 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON  returned to Dr.  Rosen's testimony  regarding the                                                               
fact  that  physicians,  not  optometrists,  are  on  call.    He                                                               
surmised  that Dr.  Rosen isn't  judging  itinerant surgeons  and                                                               
ophthalmologists  on their  ability  to practice  but rather  the                                                               
fact  that  they aren't  staying  around  to  be  on call.    The                                                               
aforementioned, he further surmised,  is frustrating for surgeons                                                               
in the state.                                                                                                                   
                                                                                                                                
DR. ROSEN  said that [the surgeons  in the state] feel  abused by                                                               
this  situation.   The itinerant  surgeons have  been invited  to                                                               
join [the  state call  list], but they  have continued  to rebuff                                                               
the  association.   Dr. Rosen  said that  itinerant surgeons  are                                                               
welcome  to come  up and  perform  surgeries, but  they have  not                                                               
taken call.                                                                                                                     
                                                                                                                                
CHAIR  ANDERSON  reminded the  committee  that  HB 151  had  been                                                               
amended  in  the  House Health,  Education  and  Social  Services                                                               
Standing Committee to state that  an itinerant ophthalmologist is                                                               
required to  stay in the  state for a  minimum of 48  hours after                                                               
the procedure to provide postoperative care.                                                                                    
                                                                                                                                
5:04:39 PM                                                                                                                    
                                                                                                                                
DR.  ROSEN  emphasized that  he  has  nothing against  optometry.                                                               
However, for  those two  critical days  after surgery,  Dr. Rosen                                                               
preferred  that the  operating surgeon  take care  of his  or her                                                               
patient.   He  pointed out  that  trying to  recreate the  entire                                                               
[history of  the patient]  during a critical  period can  be very                                                               
dangerous.                                                                                                                      
                                                                                                                                
5:05:00 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON referred to the  American Academy of Ophthalmology                                                               
letter, which  stated that common  surgical complications  in the                                                               
immediate postoperative, 48 hours, after eye surgery can occur.                                                                 
                                                                                                                                
5:05:12 PM                                                                                                                    
                                                                                                                                
DR. ROSEN  concurred, and added  that when such  complications do                                                               
occur,  it's bad.   In  further response  to Chair  Anderson, Dr.                                                               
Rosen  agreed that  ophthalmologists and  optometrists differ  in                                                               
regard  to the  amount of  education they  receive.   Although he                                                               
wasn't sure whether medical malpractice  coverage costs were more                                                               
for ophthalmologists  than optometrists,  he highlighted  that in                                                               
the  Ophthalmology journal  reported that  comanagement increases                                                             
malpractice for refractive surgery.                                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG asked if the  optometrist on staff at Dr.                                                               
Rosen's facility provides postoperative care.                                                                                   
                                                                                                                                
DR.  ROSEN said  that he  did not  know if  the optometrist  does                                                               
postoperative  care.   The optometrist  certainly  relies on  the                                                               
ophthalmologists for any problems that  might come up.  Dr. Rosen                                                               
said  that he  sees  [the optometrist's]  patients  on a  regular                                                               
basis.                                                                                                                          
                                                                                                                                
REPRESENTATIVE   ROKEBERG,  referring   to  previous   testimony,                                                               
recalled that Dr.  Rosen said that there  is epidemiological data                                                               
available.   However, he also  recalled that Dr. Rosen  said that                                                               
he had no  database or data.  remarks that  some of the testimony                                                               
did not add up.  Therefore, he asked the doctor to explain.                                                                     
                                                                                                                                
5:07:35 PM                                                                                                                    
                                                                                                                                
DR. ROSEN stated  that the Academy of  American Ophthalmology has                                                               
realized  how  controversial  this  issue  is.    Therefore,  the                                                               
Academy  of American  Ophthalmology has  created a  database that                                                               
collects  [reports of  complications], which  will be  available.                                                               
He then  added that he  has discussed with his  peers information                                                               
concerning  complications [from  which he  has garnered  that the                                                               
number of complications] is certainly  greater than what has been                                                               
indicated by prior  testimony.  He reiterated that  no matter how                                                               
good of  a surgeon one  is there  are going to  be complications.                                                               
Dr. Rosen clarified that he wants  to stem the delay of care that                                                               
may occur [when there are complications].                                                                                       
                                                                                                                                
5:09:13 PM                                                                                                                    
                                                                                                                                
DR.  SHERYL LENTFER,  Optometrist,  indicated that  she had  been                                                               
practicing for  10 years  in the Anchorage  and Wasilla  area and                                                               
that she  is opposed to HB  151.  In reference  to testimony that                                                               
optometrists don't take call, she  agreed that optometrists don't                                                               
take call  at a hospital, but  those who are VSP  members do have                                                               
to  carry  a beeper.    Furthermore,  HB  151 mainly  deals  with                                                               
comanagement  and it  doesn't deal  expressively  with Dr.  Ford.                                                               
Dr.  Lentfer informed  the committee  that with  cataract surgery                                                               
most of  the complications that  occur are usually referred  to a                                                               
separate  ophthalmologist because  it's usually  a retinal  issue                                                               
and the patient is usually sent to a specialist.                                                                                
                                                                                                                                
DR. LENTFER highlighted  that an optometrist or  another eye care                                                               
professional  can't comanage  unless  there is  a  contract.   In                                                               
regard  to  the earlier  indication  that  there is  a  financial                                                               
arrangement   between    the   optometrist   and    the   outside                                                               
ophthalmologists, she said that isn't  the case.  Dr. Lentfer the                                                               
provided the following testimony:                                                                                               
                                                                                                                                
     For  20   years  in   Alaska  optometrists   have  been                                                                    
     comanaging  eye surgery  for the  benefit of  Alaskans.                                                                    
     There  has been  over  100 optometrists  in Alaska  and                                                                    
     they range  from Nome to  Southeast.  After  four years                                                                    
     of doctorate  work, inclusive of  the whole  human body                                                                    
     and the  ocular system,  both in  the classroom  and in                                                                    
     the clinic, we  are well qualified to  treat the ocular                                                                    
     system  as well  as comanage.   This  bill would  allow                                                                    
     under hardship,  ... people not qualified  to comanage.                                                                    
     Optometrists would not be able  to comanage within this                                                                    
     time  period.   If  an optometrist  does intervene,  in                                                                    
     this  bill it  does  say that  it would  be  a class  A                                                                    
     misdemeanor.  This is difficult  to understand how this                                                                    
     would benefit Alaskans.                                                                                                    
                                                                                                                                
     This  leads   to  a   second  issue   of  availability.                                                                    
     Optometrist's availability  is remarkable in  the state                                                                    
     of Alaska.   We are located statewide  and are commonly                                                                    
     the only  eye care  professionals within hours.   There                                                                    
     are  only 26  eye surgeons  in the  state and  they are                                                                    
     located  in  Anchorage,   Fairbanks,  Soldotna,  Homer,                                                                    
     Wasilla,  and  Juneau.    It  would  be  tragic  if  an                                                                    
     optometrist received a phone call  in the middle of the                                                                    
     night, no  surgeon was available,  and the care  had to                                                                    
     be  denied  secondary  to  the   risk  of  it  being  a                                                                    
     misdemeanor.                                                                                                               
                                                                                                                                
5:13:03 PM                                                                                                                    
                                                                                                                                
     In  previous testimony  on the  bill, it  was suggested                                                                    
     that   comanagement  was   a  financial   interest  for                                                                    
     optometrists.  Since the majority  of the testimony was                                                                    
     relating to  cataract surgery, this isn't  a very valid                                                                    
     point.   The majority of cataract  surgery patients are                                                                    
     Medicare and  there's not too many  aspects of medicine                                                                    
     that  are paid  well  by Medicare.    Also in  previous                                                                    
     discussion about  the bill, optometrists  were referred                                                                    
     to  as "not  qualified  and provide  lesser  care".   I                                                                    
     mentioned  optometrists'  four-year  doctorate  program                                                                    
     covering the  whole human body  and the  ocular system.                                                                    
     In  addition,   ...  we  examine  the   ocular  system,                                                                    
     diagnose, manage, and treat  eye disease, every working                                                                    
     day.     Put  in  more  tangible   text,  the  National                                                                    
     Institute of  Health issued  a study  establishing that                                                                    
     optometrists provide  excellent comanagement  eye care.                                                                    
     This study was done by medical doctors....                                                                                 
                                                                                                                                
     Lastly, the  bill restricts outside surgeons,  and therefore                                                               
     competition.   And it asks  legislators to  start regulating                                                               
     medicine.  With medicine  constantly evolving, surgeries are                                                               
     evolving, and the  critical period for follow  up may barely                                                               
     exist   in   the  future.   This   is   creating  eye   care                                                               
     professionals  to return  to the  legislators to  change the                                                               
     law again.  Typically, the  medical board regulates its body                                                               
     and not the  legislative body.  Comanagement  ... is already                                                               
     federally  regulated.   Comanagement  has been  part of  our                                                               
     profession  for  well  before I  started  practicing.    The                                                               
     patients  being   talked  about  in  this   legislation  are                                                               
     typically our patients  ... that we're referring  to the eye                                                               
     surgeon.   Optometrists are very  educated and  qualified to                                                               
     comanage and we're  extremely available.  Please  vote no on                                                               
     this bill.                                                                                                                 
                                                                                                                                
DR.  RANDY  JOHNSTON,  Senior Secretary  for  Advocacy,  American                                                               
Academy of  Ophthalmology, informed  the committee  that he  is a                                                               
practicing ophthalmologist from  Wyoming who understands Alaska's                                                               
issues in  regard to  patients having  to travel  great distances                                                               
for eye care.  Dr. Johnston  opined that this really is a patient                                                               
concern.  He noted that the  committee should have a letter, from                                                               
Dr.  Day, president  of the  American  Academy of  Ophthalmology,                                                               
which details  complications that commonly occur,  if they occur,                                                               
within  48  hours   of  cataract  surgery.     The  problem  with                                                               
optometrists seeing  patients with these common  complications is                                                               
that  many of  them  require additional  surgery.   Dr.  Johnston                                                               
acknowledged that  there are  areas in  Alaska and  Wyoming where                                                               
optimal  coverage  by  ophthalmologists  doesn't  exist  and  the                                                               
optometrists do  what they can  to serve the patients.   However,                                                               
in areas where there are  ophthalmologists, it doesn't make sense                                                               
to  have  someone who  isn't  capable  of surgically  intervening                                                               
following  the patient.   Although  the complications  [following                                                               
cataract surgery]  are uncommon,  they are devastating  when they                                                               
occur.   In fact,  infection of  the eye,  which is  a frequently                                                               
blinding condition, occurs in about 1 in every 1,000 cases.                                                                     
                                                                                                                                
DR.  JOHNSTON  noted  his disagreement  with  Dr.  Christianson's                                                               
testimony that  follow up  care provided by  an optometrist  is a                                                               
cost saving  device for the  patient.   He explained that  with a                                                               
Medicare cataract fee, 80 percent  of the fee is for preoperative                                                               
and  interoperative care  while 20  percent is  for postoperative                                                               
care.  This  postoperative charge is the same whether  it is done                                                               
by an optometrist or an ophthalmologist.                                                                                        
                                                                                                                                
DR. JOHNSTON  said that  he couldn't speak  to the  problems that                                                               
Alaska has.  However, in  Wyoming comanagement is most often used                                                               
as  a  [business] tool  to  direct  patients  to the  surgeon  of                                                               
optometrist's  choice  in return  for  the  guarantee that  those                                                               
patients will  return for postoperative  care.  For  example, the                                                               
four  cataract  surgeons  in   Cheyenne,  Wyoming  are  routinely                                                               
bypassed by  the local  optometrists who  send their  patients 50                                                               
miles  away  to   surgeons  in  Fort  Collins,   Colorado.    The                                                               
aforementioned occurs because  [the optometrists] have agreements                                                               
with  the  surgeons [in  Fort  Collins]  that the  patients  will                                                               
return to  the [optometrists] for  postoperative care.   However,                                                               
the ophthalmologists  [in Cheyenne]  prefer to perform  their own                                                               
postoperative  care of  their  own patients  and  thus the  local                                                               
optometrists don't refer patients to the local ophthalmologists.                                                                
                                                                                                                                
BOB  LOESCHER, Co-Chairman,  Alaska Native  Brotherhood, informed                                                               
the committee  that he is  legally blind as  a result of  type II                                                               
diabetes.  Mr.  Loescher related that he had  seen an optometrist                                                               
all  his life.    In  fact, a  month  before becoming  completely                                                               
blind,  he said  that  he had  seen his  optometrist  to get  new                                                               
glasses  and the  optometrist failed  to recognize  his problems.                                                               
He commented  that the blindness  wasn't the  optometrist's fault                                                               
but rather  his own failing health.   He related that  he has had                                                               
nine surgeries,  office treatment, and laser  surgery for macular                                                               
degeneration, as well  as cataract surgery.  He  revealed that he                                                               
is totally blind  in the right eye, and has  only a little retina                                                               
left in the  left eye.  With the help  of his ophthalmologist, he                                                               
related that  he has  been able  to retain a  little sight.   Mr.                                                               
Loescher stated that he supports this  bill.  He remarked that as                                                               
a consumer it seems that this is an argument over fees.                                                                         
                                                                                                                                
5:20:45 PM                                                                                                                    
                                                                                                                                
MR. LOESCHER  advised the committee  of his concern as  a citizen                                                               
and Alaska Native because Alaska  Natives have many complications                                                               
with   their  health.     He   said   he  has   found  that   his                                                               
ophthalmologist  are  capable  of   interacting  with  his  other                                                               
doctors who  treat other conditions  from which he suffers.   Mr.                                                               
Loescher  expressed concern  with an  optometrist's inability  to                                                               
treat someone like himself because  they aren't able to prescribe                                                               
drugs.    Mr.   Loescher  opined  that  it's  best   to  have  an                                                               
ophthalmologist  that's trained  to deal  with one's  entire body                                                               
and  communicate  with  other  doctors who  may  be  treating  an                                                               
individual.   He  expressed  the  need for  there  to  be a  link                                                               
between  the optometrist  and the  ophthalmologist no  matter how                                                               
the  comanagement situation  is  managed.   He expressed  further                                                               
concern with regard  to the arguing between  the optometrists and                                                               
the ophthalmologists.  Mr. Loescher  concluded by reiterating his                                                               
support of  HB 151 and  highlighted the importance  of addressing                                                               
the complications of postoperative care of eye surgeries.                                                                       
                                                                                                                                
5:24:04 PM                                                                                                                    
                                                                                                                                
CHAIR  ANDERSON closed  public testimony.   He  then offered  the                                                               
following Conceptual Amendment 1:                                                                                               
                                                                                                                                
     Page 2, line 4:                                                                                                            
          Delete "ophthalmologist; and"                                                                                         
        Insert "is an optometrist, or an ophthalmologist                                                                        
     who either".                                                                                                               
                                                                                                                                
CHAIR   ANDERSON  opined   that  the   aforementioned  conceptual                                                               
amendment  will ameliorate  the  problems in  rural  Alaska.   He                                                               
stipulated  that he  wanted  ophthalmologists  "to stick  around"                                                               
after  doing  surgery   for  48  hours,  or   assign  to  another                                                               
ophthalmologist.                                                                                                                
                                                                                                                                
5:25:26 PM                                                                                                                    
                                                                                                                                
CHAIR  ANDERSON  asked  if  there  were  any  objections  to  the                                                               
Conceptual  Amendment 1.   There  being no  objection, Conceptual                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG  related  his wife's  recent  experience                                                               
with  surgery  at  Pacific  Cataract and  Laser  Institute.    He                                                               
explained that  his wife wasn't  covered by Medicare.   The total                                                               
cost of  the surgery  was around $6000,  although the  actual the                                                               
surgery only took about five  minutes.  He expressed concern with                                                               
the cost of  the surgery.  He indicated that  the quality of care                                                               
was [acceptable] and the [postoperative  care] was provided by an                                                               
on site optometrist who is a  member of the firm.  Representative                                                               
Rokeberg opined that  anything the legislature can  do to improve                                                               
the quality of care and lower the  costs is a positive thing.  "I                                                               
think  there has  been some  testimony regarding  the impacts  of                                                               
that and [that  it] will effect the quality of  care, but I'm not                                                               
convinced that  the incident  of problems  that result  from that                                                               
are  not outweighed  by  the  overall quality  of  care and  cost                                                               
benefits that  (indisc.)," he  said.   He noted  that he  is very                                                               
sensitive to  the argument of  the optometrists.   Representative                                                               
Rokeberg stated that he isn't particularly supportive of HB 151.                                                                
                                                                                                                                
REPRESENTATIVE LYNN  highlighted that  eyes and their  health are                                                               
critical.  He opined that the  larger issue seems to do more with                                                               
business   competition   rather   than   actual   concern   about                                                               
postoperative care.  He noted that he has problems with HB 151.                                                                 
                                                                                                                                
5:30:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD   related  that  his   experiences  with                                                               
ophthalmologists  over  the  years  have not  been  for  cataract                                                               
procedures but have  been more trauma oriented.  He  said that it                                                               
was  good to  have  a well-trained  ophthalmologist available  to                                                               
address the  trauma.  Therefore,  he opined  that it would  be in                                                               
the   best  interest   of   the  patient   to   have  a   trained                                                               
ophthalmologist  available  during   the  critical  postoperative                                                               
timeframe.  This  legislation makes sense, he  opined, because he                                                               
wants  to have  a strong  cadre of  ophthalmologists who  live in                                                               
Alaska and  take call  for the  population that  lives here.   He                                                               
then  said that  he  does  not want  to  disparage those  medical                                                               
practitioners that come  up from Washington State.   However,  he                                                               
reiterated  the  need  for   [itinerant  ophthalmologists  to  be                                                               
responsible  and provide  reasonable postoperative  care for  the                                                               
patients  upon  which  they perform  surgical  procedures].    He                                                               
concluded  by  saying that  the  bill  makes  sense and  that  he                                                               
supported it.                                                                                                                   
                                                                                                                                
5:32:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX indicated  that she  isn't thrilled  about                                                               
the  bill, since  she  isn't  convinced that  there  is really  a                                                               
problem.   She related that her  core philosophy is "if  it ain't                                                               
broken don't fix it".                                                                                                           
                                                                                                                                
REPRESENTATIVE    GUTTENBERG    noted    his    agreement    with                                                               
Representative Crawford  and Chair Anderson.   He said  that some                                                               
of  the arguments  are economic  in nature  and others  relate to                                                               
patient care.   He  informed the committee  that he  recently had                                                               
surgery after which he had  complications.  Fortunately, he had a                                                               
doctor here that  could cover the postoperative time  period.  He                                                               
opined that [itinerant] surgeons should  remain in Alaska to take                                                               
care of complications  that might arise.  He ended  by noting his                                                               
support of the bill.                                                                                                            
                                                                                                                                
CHAIR ANDERSON said  that he wouldn't have sponsored  the bill if                                                               
he had  thought it was  anti-patient or anti-business.   In fact,                                                               
he thought  the legislation  is actually the  opposite.   He said                                                               
that he isn't trying to  degrade the profession of optometry, but                                                               
feels that  there is  a difference between  a surgeon,  a medical                                                               
doctor  and  an  optometrist.     The  ophthalmologist  has  more                                                               
experience  and  understanding of  "problems"  when  it comes  to                                                               
postoperative  care.   With  regard  to the  issue  of call,  the                                                               
monetary amounts are  compelling.  With regard  to testimony that                                                               
other  states don't  have similar  [legislation], Chair  Anderson                                                               
pointed out that Alaska could be first.                                                                                         
                                                                                                                                
5:34:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD  moved  to   report  CSHB  151(HES),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying fiscal notes.                                                                                                  
                                                                                                                                
REPRESENTATIVE LYNN objected.                                                                                                   
                                                                                                                                
A roll call vote was  taken.  Representatives LeDoux, Guttenberg,                                                               
Crawford,  and  Anderson voted  in  favor  of CSHB  151(HES),  as                                                               
amended.   Representatives  Rokeberg and  Lynn voted  against it.                                                               
Therefore, CSHB 151(L&C)  was reported out of  the Standing House                                                               
Labor and Commerce Committee by a vote of 4-2.                                                                                  
                                                                                                                                
HB 169-REAL ESTATE LICENSEE EDUCATION                                                                                         
                                                                                                                                
CHAIR ANDERSON  announced that the  next order of  business would                                                               
be  HOUSE BILL  NO.  169,  "An Act  relating  to the  educational                                                               
requirements for certain real  estate brokers, associate brokers,                                                               
and  salespersons with  new or  suspended licenses;  and allowing                                                               
real  estate  brokers to  hire  certain  experts to  review  real                                                               
estate transactions; and providing for an effective date."                                                                      
                                                                                                                                
REPRESENTATIVE  ROKEBERG moved  to  adopt CSHB  169, Version  24-                                                               
LS0424\S,  Bannister, 4/04/05,  as the  working document.   There                                                               
being no objection, Version S was before the committee.                                                                         
                                                                                                                                
5:37:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG  informed the  committee that there  is a                                                               
three-page sectional analysis  of the proposed CS.   He explained                                                               
that aside  from some conforming  amendments, there are  only two                                                               
substantive sections.   He indicated  that those  two substantive                                                               
sections  include Section  4,  which creates  20  hours of  post-                                                               
licensing  education  within  the  first year  of  an  individual                                                               
receiving  his  or  her  initial  license.    The  aforementioned                                                               
section  was requested  by the  Alaska  Association of  Realtors.                                                               
The other substantive  section, Section 14, provides  that a real                                                               
estate  broker may  contract  with an  attorney  or an  associate                                                               
broker to  assist with  the review  of real  estate transactions.                                                               
He noted  that statute  requires that  brokers supervise  all the                                                               
activity of  the licensees  underneath them.   Section  14 allows                                                               
brokers  to  obtain  additional  personnel  in  the  form  of  an                                                               
attorney.                                                                                                                       
                                                                                                                                
5:39:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG   stated  that   he  has   a  conceptual                                                               
amendment [that he would like to offer].                                                                                        
                                                                                                                                
REPRESENTATIVE LYNN  declared a  conflict of interest  because he                                                               
is an licensed real estate associate broker.                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG declared a conflict of interest as well.                                                                
                                                                                                                                
CHAIR ANDERSON announced  that both members would  be required to                                                               
vote.                                                                                                                           
                                                                                                                                
REPRESENTATIVE   ROKEBERG   moved   that  the   committee   adopt                                                               
Conceptual Amendment 1 [with handwritten  changes], which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, Lines 2-3:                                                                                                         
         Delete: "allowing real estate brokers to hire                                                                          
     certain experts to review real estate transactions;"                                                                       
          Insert: "allowing for review of real estate                                                                           
     transactions by attorneys or associate brokers;"                                                                           
     Page 4, Line 4:                                                                                                            
          Delete: "cancel the suspension."                                                                                      
          Insert: "renew a suspended license."                                                                                  
     Page 4, Line 9:                                                                                                            
          Delete: "canceling the suspension of a license"                                                                       
          Insert: "renewing a suspended license"                                                                                
     Page 5, Line 13:                                                                                                           
          Delete: "five"                                                                                                        
          Insert: "seven"                                                                                                       
     Page 8, Line 20                                                                                                            
          Delete: "Use of experts."                                                                                             
          Insert: "Review of transactions."                                                                                   
                                                                                                                                
CHAIR ANDERSON objected for discussion purposes.                                                                                
                                                                                                                                
5:41:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG  explained  that the  first  section  of                                                               
Conceptual Amendment  1 changes the  term "experts" in  the title                                                               
to  "review  of".   Representative  Rokeberg  then said  that  he                                                               
needed to make an amendment to Conceptual Amendment 1.                                                                          
                                                                                                                                
CHAIR ANDERSON asked for a brief at ease.                                                                                       
                                                                                                                                
The committee took an at-ease from 5:41:31 p.m. to 5:41:52 p.m.                                                                 
                                                                                                                                
5:41:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG  moved  that  the  committee  adopt  the                                                               
following  amendments to  Conceptual  Amendment 1,  such that  on                                                               
page  4,  line  4,  the   language  reading  "renew  a  suspended                                                               
license." would  be replaced by "reinstate  a suspended license."                                                               
and  the  language  on  page  4,  line  9,  reading  "renewing  a                                                               
suspended license" would be replaced  by "reinstating a suspended                                                               
license".  There being no  objection, the amendment to Conceptual                                                               
Amendment  1 was  adopted  and thus  Conceptual  Amendment 1,  as                                                               
amended, was before the committee.                                                                                              
                                                                                                                                
REPRESENTATIVE   ROKEBERG,  continuing   to  discuss   Conceptual                                                               
Amendment 1  [as amended], stated  that the change  specified for                                                               
page  5, line  13, and  is  per the  request of  the Real  Estate                                                               
Association.     He   explained  that   the  rationale   for  the                                                               
aforementioned  change is  that  the associate  broker should  be                                                               
consistent with brokers because they are one in the same.                                                                       
                                                                                                                                
5:43:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROKEBERG,   in    response   to   Representative                                                               
Guttenberg,  specified that  the change  on page  5, line  13, of                                                               
Conceptual  Amendment   1  [as  amended]  conforms   to  existing                                                               
statute.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG, continuing  to  discuss the  Conceptual                                                               
Amendment 1  [as amended],  finished by stating  that on  page 8,                                                               
line 20,  the header on  that section  needed to be  changed from                                                               
"Use of experts." to "Review of transactions."                                                                              
                                                                                                                                
CHAIR ANDERSON removed his objection.                                                                                           
                                                                                                                                
5:44:24 PM                                                                                                                    
                                                                                                                                
CHAIR  ANDERSON   announced  that  Conceptual  Amendment   1  [as                                                               
amended] was adopted.                                                                                                           
                                                                                                                                
DAVE   FEEKEN,   Industry   Issues  Legislative   Chair,   Alaska                                                               
Association  of Realtors,  stated that  this bill  came from  the                                                               
industry brokers who wanted education  to be required for brokers                                                               
who were  taking over managerial  positions.  Within  the realtor                                                               
industry, 95 percent  were in favor of this  type of legislation.                                                               
He  indicated  that  this  type  of  educational  requirement  is                                                               
already  mandated by  several  states.   He  explained that  pre-                                                               
licensing  education  used  to   obtain  a  license  teaches  the                                                               
individual how  to pass the test,  while post-licensing education                                                               
addresses  practical  applications  within   the  industry.    He                                                               
related  that the  states that  have implemented  these kinds  of                                                               
requirements  have seen  a reduction  in complaints  at the  real                                                               
estate commission level.                                                                                                        
                                                                                                                                
5:46:29 PM                                                                                                                    
                                                                                                                                
MR. FEEKEN  stated that  the issue of  supervision and  review of                                                               
transactions  came  from  large brokerage  firms  requesting  the                                                               
ability to retain an attorney to  help review the large number of                                                               
transactions, and  from firms that only  perform large commercial                                                               
transactions.                                                                                                                   
                                                                                                                                
CHAIR ANDERSON asked if there were any questions.                                                                               
                                                                                                                                
REPRESENTATIVE  CRAWFORD  related  that  over the  years  he  has                                                               
bought  several homes  and  has noticed  that  some realtors  are                                                               
better than other  realtors, which he attributed to  the years of                                                               
experience of  the realtor.  He  agreed that more education  is a                                                               
good  thing.   He asked  if Mr.  Feeken could  describe what  the                                                               
education would consist  of and whether there could  be some sort                                                               
of apprenticeship before the [realtors] are "turned loose."                                                                     
                                                                                                                                
5:48:12 PM                                                                                                                    
                                                                                                                                
MR.  FEEKEN  agreed that  education  is  important and  that  the                                                               
emphasis is  primarily put on  practical applications  of writing                                                               
offers,  legal matters,  and the  use of  good solid  language in                                                               
sales and customer relations.  The  impetus is on the real estate                                                               
commission to create this [education], he said.                                                                                 
                                                                                                                                
REPRESENTATIVE  LYNN  opined  that  he  would  like  to  see  the                                                               
emphasis  be placed  on practical  real estate  rather than  just                                                               
salesmanship.                                                                                                                   
                                                                                                                                
MR. FEEKEN  said that the  biggest complaint that he  receives is                                                               
the lack of knowledge in  practical things like filling out forms                                                               
and doing paperwork.                                                                                                            
                                                                                                                                
REPRESENTATIVE LYNN  suggested that perhaps the  first listing an                                                               
agent works  up and for which  he or she receives  a deposit, the                                                               
agent can be mentored by a more experienced agent or broker.                                                                    
                                                                                                                                
CHAIR ANDERSON stated that this  was so noted, and then indicated                                                               
to  the committee  that they  needed  to adopt  a zero  committee                                                               
fiscal note,  since the  committee is waiting  for a  fiscal note                                                               
from the Department of Administration.   He noted that the fiscal                                                               
note could be amended [during the remaining committee process].                                                                 
                                                                                                                                
5:50:33 PM                                                                                                                    
                                                                                                                                
CHAIR  ANDERSON  announced that  there  being  no objection,  the                                                               
committee would adopt a zero fiscal  note for the House Labor and                                                               
Commerce Standing Committee.                                                                                                    
                                                                                                                                
MR. FEEKEN  mentioned that the  [Alaska Real  Estate Association]                                                               
supports all of the previously adopted amendments.                                                                              
                                                                                                                                
PEGGY MCCONNOCHIE, Member, Key  Industry Issues Workgroup, Alaska                                                               
Association  of Realtors;  Education Chair,  Subcommittee of  the                                                               
Alaska Real  Estate Commission, informed  the committee  that the                                                               
aforementioned educational  subcommittee had originated  the idea                                                               
here  in Alaska.    She then  stated that  she  looks forward  to                                                               
increasing  the professionalism  and consumer  protection of  the                                                               
industry.                                                                                                                       
                                                                                                                                
5:51:40 PM                                                                                                                    
                                                                                                                                
BRAD FLETCH,  Public Member, Alaska Real  Estate Commission, gave                                                               
his full support of the bill as well as Version S, as amended.                                                                  
                                                                                                                                
JERRY  ROYSE,  Member,  Royse  and   Associates,  noted  that  he                                                               
supported  the bill.   He  pointed out  that Section  11 requires                                                               
Alaskan  applicants to  complete the  post-education requirements                                                               
before the license is issued.   However, "Section 26-3" specifies                                                               
that applicants have a year  to complete this, and therefore it's                                                               
not accurate in regard to what this legislation specifies.                                                                      
                                                                                                                                
5:53:37 PM                                                                                                                    
                                                                                                                                
MR. ROYSE  then turned attention  to Section 14,  which specifies                                                               
that  use  of  experts  are  allowed.   He  suggested  using  the                                                               
language  "attorney,  broker,   associate  broker  through  their                                                               
employing broker"  rather than "attorney or  associate broker" in                                                               
Section 14.   He explained that  per [AS 08.88].403 a  broker can                                                               
technically pay  an associate broker  from another  firm directly                                                               
based  on  the  language  in  the  legislation,  although  that's                                                               
inconsistent with  the requirement  that all  payments made  to a                                                               
licensee be paid  through the employing broker.  If  it is an in-                                                               
house  broker  versus an  independent  broker,  then it's  not  a                                                               
problem.   However, if it's  a small broker without  an associate                                                               
broker, then that small broker  must rely on [an outside reviewer                                                               
from  another  firm].    He  opined  that  he  did  not  want  an                                                               
inconsistency in  state law such  that a broker from  a different                                                               
firm  pays an  outside  associate broker  directly  [to review  a                                                               
transaction].   He suggested that  the payment should  go through                                                               
the associate broker's broker.                                                                                                  
                                                                                                                                
5:54:53 PM                                                                                                                    
                                                                                                                                
MR. ROYSE  then pointed out  in Section 16, under  [AS 08.88].990                                                               
(12)(A), that  the definition  of "initial  license" is  a little                                                               
confusing.  It appears that  [an initial license] would require a                                                               
person moving from  a broker to an associate  broker status, that                                                               
it  would be  necessary  to do  the  required educational  update                                                               
every time the individual's [professional] status is changed.                                                                   
                                                                                                                                
5:56:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROKEBERG   stated   firmly  that   Mr.   Royse's                                                               
interpretation  of Section  14  is flawed  in  that an  associate                                                               
broker cannot work for more than one broker at a time.                                                                          
                                                                                                                                
MR.  ROYSE   highlighted  that  the  language   [in  Section  14]                                                               
specifies that  [a broker]  can pay an  associate broker,  but it                                                               
doesn't specify  that the  associate broker has  to be  under the                                                               
[broker's] license.   Therefore,  he suggested that  the language                                                               
allowing an associate broker to  be brought in could be construed                                                               
to  mean that  an associate  broker  from another  firm could  be                                                               
brought in to review [transactions].                                                                                            
                                                                                                                                
REPRESENTATIVE  ROKEBERG specified,  "You  can't, because  that's                                                               
the way  the statute is;  you have to  be employed by  a broker."                                                               
He reiterated  that [an associate  broker] can only work  for one                                                               
broker at  a time.  He  emphasized the need to  read the language                                                               
in the context of the entire chapter.                                                                                           
                                                                                                                                
MS. MCCONNOCHIE explained that once  the education is given after                                                               
licensing, there is not a  requirement to take the post-licensing                                                               
education again throughout a real estate career.                                                                                
                                                                                                                                
CHAIR  ANDERSON,  upon determining  there  was  no one  else  who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
5:58:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  CSHB  169,  Version  24-                                                               
LS0424\S, Bannister,  4/04/05, as amended, out  of committee with                                                               
individual recommendations  and the  accompanying zero  Labor and                                                               
Commerce fiscal  note.  There  being no objection,  CSHB 169(L&C)                                                               
was  reported   from  the  House  Labor   and  Commerce  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
5:59:17 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
6:00 p.m.                                                                                                                       

Document Name Date/Time Subjects