03/21/2007 03:00 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB168 | |
| HB28 | |
| HB71 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 168 | TELECONFERENCED | |
| *+ | HB 71 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 28 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 21, 2007
3:04 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Mark Neuman, Vice Chair
Representative Carl Gatto
Representative Gabrielle LeDoux
Representative Jay Ramras
Representative Robert L. "Bob" Buch
Representative Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 168
"An Act authorizing two exchanges of land between the Alaska
Railroad Corporation and the Department of Transportation and
Public Facilities; and providing for an effective date."
- MOVED HB 168 OUT OF COMMITTEE
HOUSE BILL NO. 28
"An Act requiring retail suppliers of electricity to disclose
sources of electricity to consumers."
- MOVED CSHB 28(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 71
"An Act requiring licensure of occupations relating to
radiologic technology, radiation therapy, and nuclear medicine
technology; and providing for an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 168
SHORT TITLE: LAND TRANSFERS ALASKA RR & DOTPF
SPONSOR(s): TRANSPORTATION
02/28/07 (H) READ THE FIRST TIME - REFERRALS
02/28/07 (H) TRA, L&C, FIN
03/01/07 (H) TRA AT 1:30 PM CAPITOL 17
03/01/07 (H) -- MEETING CANCELED --
03/06/07 (H) TRA AT 1:30 PM CAPITOL 17
03/06/07 (H) Moved Out of Committee
03/06/07 (H) MINUTE(TRA)
03/07/07 (H) TRA RPT 5DP
03/07/07 (H) DP: FAIRCLOUGH, JOHNSON, SALMON,
DOOGAN, JOHANSEN
03/21/07 (H) L&C AT 3:00 PM CAPITOL 17
BILL: HB 28
SHORT TITLE: POWER SOURCE DISCLOSURE
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) L&C, FIN
02/19/07 (H) L&C AT 3:00 PM CAPITOL 17
02/19/07 (H) Heard & Held
02/19/07 (H) MINUTE(L&C)
03/16/07 (H) L&C AT 3:00 PM CAPITOL 17
03/16/07 (H) -- MEETING CANCELED --
03/21/07 (H) L&C AT 3:00 PM CAPITOL 17
BILL: HB 71
SHORT TITLE: LICENSING RADIOLOGIC TECHNICIANS
SPONSOR(s): REPRESENTATIVE(s) KAWASAKI
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) L&C, FIN
03/21/07 (H) L&C AT 3:00 PM CAPITOL 17
WITNESS REGISTER
DAVID SCOTT, Staff
to Representative Kyle Johansen
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 168 on behalf of
Representative Johansen, sponsor.
FRANCES ZIMMERMAN, Right of Way Agent
Right of Way Section
Central Region
Department of Transportation & Public Facilities (DOTPF)
POSITION STATEMENT: Answered questions during hearing on HB
168.
BARBARA COTTING, Staff
to Representative Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 28 on behalf of Representative
Ramras, sponsor.
JAMES KEEN, Chief/Engineering
Regulatory Commission of Alaska (RCA)
Department of Commerce, Community, & Economic Development
(DCCED)
Anchorage, Alaska
POSITION STATEMENT: Testified during hearing on HB 28.
REPRESENTATIVE SCOTT KAWASAKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 71.
CLYDE PEARCE, Radiological Health Specialist (RHS);
Chief
Radiological Health Program
Laboratories Section
Division of Public Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Testified during hearing on HB 71.
DONNA ROFSHOLM, Radiologic Technician;
Chair
Legislative Committee
Alaska Society of Radiological Technologists (AKSRT)
Homer, Alaska
POSITION STATEMENT: Testified during hearing on HB 71.
RICK URION, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community, & Economic Development
(DCCED)
Juneau, Alaska
POSITION STATEMENT: Testified during hearing on HB 71.
ACTION NARRATIVE
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:04:57 PM. Representatives
Gatto, Buch, Gardner, and Olson were present at the call to
order. Representatives LeDoux, Ramras, and Neuman arrived as
the meeting was in progress.
HB 168-LAND TRANSFERS ALASKA RR & DOTPF
3:05:17 PM
CHAIR OLSON announced that the first order of business would be
HOUSE BILL NO. 168, "An Act authorizing two exchanges of land
between the Alaska Railroad Corporation and the Department of
Transportation and Public Facilities; and providing for an
effective date."
DAVID SCOTT, Staff to Representative Kyle Johansen, Alaska State
Legislature, sponsor, explained that HB 168 authorizes two
exchanges of land between the Alaska Railroad Corporation (ARRC)
and the Department of Transportation & Public Facilities
(DOTPF). This would accommodate two DOTPF projects: the Parks
Highway Improvement Project and the Fairbanks International
Airport Heavy Aircraft Cargo Apron. Section 1 of HB 168 applies
to the Parks Highway Improvement Project, while Section 2
applies to the Fairbanks International Airport Heavy Aircraft
Cargo Apron. He explained that AS 42.40.285 requires
legislative approval for the ARRC to "exchange, donate, sell, or
otherwise convey its entire interest in land". He noted that
representatives from the AARC and the DOTPF would be available
to answer any questions.
3:07:08 PM
REPRESENTATIVE GARDNER commented that the bill seems
straightforward and asked whether there has been any objection.
MR. SCOTT replied no.
3:08:22 PM
REPRESENTATIVE GARDNER moved to report HB 168 out of committee
with individual recommendations and the accompanying fiscal
notes.
3:08:33 PM
REPRESENTATIVE GATTO objected for discussion purposes. He asked
if the railroad in Wasilla was previously relocated.
MR. SCOTT replied yes.
REPRESENTATIVE GATTO asked for clarification as to what HB 168
would do.
3:09:19 PM
FRANCES ZIMMERMAN, Right of Way Agent, Right of Way Section,
Central Region, Department of Transportation & Public Facilities
(DOTPF), agreed that the tracks were relocated as a part of the
Parks Highway Improvement Project. She explained that HB 168 is
a title transfer, which the ARRC is unable to do without
legislative action. In response to an additional question, she
stated that the DOTPF normally enters into temporary
construction permits in order to move forward with the
construction of the projects. Timelines rarely allow for the
required legislation to pass prior to commencing the project.
REPRESENTATIVE GATTO removed his objection.
CHAIR OLSON noted that there was no further objection.
Therefore, HB 168 was reported from the House Labor and Commerce
Standing Committee.
The committee took an at-ease from 3:11 PM to 3:12 PM.
HB 28-POWER SOURCE DISCLOSURE
3:12:57 PM
CHAIR OLSON announced that the next order of business would be
HOUSE BILL NO. 28, "An Act requiring retail suppliers of
electricity to disclose sources of electricity to consumers."
3:13:10 PM
REPRESENTATIVE NEUMAN made a motion to adopt CSHB 28, Version
25-LS0189\E, Kane, 2/26/07, as the working document. There
being no objection, Version E was before the committee.
3:13:30 PM
BARBARA COTTING, Staff to Representative Ramras, Alaska State
Legislature, sponsor, explained that Version E addresses several
concerns brought up during the previous committee hearing.
Version E removes Section 2, which Legislative Legal and
Research Services found to be unnecessary, as this was covered
in other sections of the bill. Additionally, Section 5 was
removed, which allows utilities grossing less-than $50,000 per
year to remain exempt from the reporting requirements.
REPRESENTATIVE GARDNER asked if the Regulatory Commission of
Alaska (RCA) holds a position on HB 168.
3:15:04 PM
JAMES KEEN, Chief/Engineering, Regulatory Commission of Alaska
(RCA), Department of Commerce, Community, & Economic Development
(DCCED), replied that the RCA does not have a position, but is
happy with the changes made by Version E. He stated that
Section 5 of the original bill would have been difficult to
enforce; however, the remainder of the bill can be implemented
through regulations.
REPRESENTATIVE NEUMAN asked whether utility companies approached
the sponsor to request this legislation.
3:15:58 PM
REPRESENTATIVE RAMRAS explained that he received his monthly
statement from a rental unit he owns in California, which
included a power disclosure form. He felt this would be of
interest to Alaskans. He went on to say that in Fairbanks,
consumers have the option of purchasing renewable energy at a
higher rate per kilowatt. He opined that this is an inexpensive
way for consumers to increase awareness of the energy source.
He stated that he was not approached by any utilities. He
pointed out that the only resistance was from Golden Valley
Electric Association (GVEA). The GVEA was under the impression
that the disclosure would be monthly; however, since it is a
yearly disclosure, this resistance has dissipated. In response
to a question from Representative Gatto, he clarified that GVEA
offers a program for consumers to choose alternative energy
sources. The power disclosure statement is offered in
California. Both of these programs resulted in the introduction
of HB 168.
3:19:27 PM
REPRESENTATIVE LEDOUX inquired as to what the disclosure
statement would cost the utilities.
REPRESENTATIVE RAMRAS replied that he receives many enclosures
each year from GVEA. When questioned, GVEA stated that this
would not be a high cost to the company. He opined that this
would not be any different from the enclosures currently sent
out.
REPRESENTATIVE NEUMAN noted that the bill does not specify how
this information should be disclosed. He opined that most
utilities are proud of the alternative energy programs offered.
REPRESENTATIVE RAMRAS agreed. He pointed out that this
information could be included in the utility's annual report,
although many individuals do not read this. He opined that
including this information in a monthly statement would
encourage consumers to take a closer look.
REPRESENTATIVE NEUMAN opined that this would not be a
significant cost to the utility, and therefore should not be an
issue.
REPRESENTATIVE GARDNER stated that this is an intriguing idea,
and "potentially very powerful." She said that the lack of
testimony from the utilities suggests that this is not an issue.
She stated that this information may simply be printed on a
bill, and thus may not require an additional piece of paper.
She then stated that this is "pretty simple," adding that she is
ready to support HB 28.
3:23:12 PM
REPRESENTATIVE NEUMAN moved to report CSHB 28, Version 25-
LS0189\E, Kane, 2/26/07, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 28(L&C) was reported from the House Labor and
Commerce Standing Committee.
The committee took an at-ease from 3:23 PM to 3:25 PM.
HB 71-LICENSING RADIOLOGIC TECHNICIANS
3:25:49 PM
CHAIR OLSON announced that the final order of business would be
HOUSE BILL NO. 71, "An Act requiring licensure of occupations
relating to radiologic technology, radiation therapy, and
nuclear medicine technology; and providing for an effective
date."
REPRESENTATIVE SCOTT KAWASAKI, Alaska State Legislature,
sponsor, explained that currently, radiologic technologists are
not required to be licensed. He noted that House Bill 150 was
introduced during a previous legislative session to address this
issue. Several changes were made to the aforementioned bill,
resulting in HB 71. This bill would license occupations
relating to radiologic technologists, radiation therapy, and
nuclear medicine technology. He stated that medical patients in
Juneau have received radiation high above normal levels, and the
state is currently investigating Bartlett Regional Hospital for
issues involving radiologic technologists and routine exposure
to patients. This information will be included in a report. He
shared his hope that the members would be able to view this "as
further reason for licensing [radiologic technologists] in the
state of Alaska." He stated that this investigation will also
reveal that radiologic technologists fail to properly protect
themselves and patients when administering radioactive
materials. He explained that HB 71 ensures that a certain level
of expertise is maintained by radiologic technologists. This
will allow the public to be confident regarding the competency
of the radiologic technologist. Regarding small clinics, he
stated that the Alaska State Hospital and Nursing Home
Association (ASHNA) and Southeast Alaska Regional Health
Consortium (SEARHC) have both stated support for HB 71.
Referring to a program offered in Fairbanks, he stated that many
radiologic technologists are graduating with credentials and
living in rural areas. He noted that HB 71 contains exemptions
for individuals such as nurse practitioners, physician's
assistants, and medical doctors. He shared his belief that HB
71 will address concerns regarding radiologic technologists and
protect the public.
3:29:58 PM
CLYDE PEARCE, Radiological Health Specialist (RHS); Chief,
Radiological Health Program, Laboratories Section, Division of
Public Health, Department of Health and Social Services (DHSS),
began by explaining that he conducts radiation safety
inspections throughout the state for both the State of Alaska
and for the federal government. He said that the DHSS does
support HB 71. The size of the problem is not known, as there
is no registration requirement for individuals operating the
equipment. However, the DHSS is aware of those who have
received formal training and are nationally certified. Based on
inspections around the state, the department believes that a
similar number of individuals are operating the equipment
without formal training. This number is estimated to be 600-
700. The DHSS is also concerned with meeting the needs of areas
with limited resources. He expressed hope that the legislature
can strike a balance between better protection and not
overburdening the small providers.
3:32:26 PM
REPRESENTATIVE GARDNER referring to a letter from Mr. Pearce
dated January 22, 2007, noted that there are concerns involving
inappropriate use of equipment, in addition to malfunctioning
equipment. She inquired as to whether the proposed licensing
procedure would address these types of problems.
MR. PEARCE replied that the bill would address a large
proportion of the concerns. During his inspections, he has
found few instances of machine malfunction. Most problems
involve how the machine is used. He pointed out that
individuals are required to be licensed prior to driving an
automobile; however, over 40,000 people die in automobile
accidents each year. While there are many restrictions on the
materials used to make automobiles, the way the vehicle is used
may result in deaths. In regard to radiologic equipment, he
stated that it is not usually a problem with the machine, but
rather how it is used. He opined that this can be addressed
through proper education of those individuals operating the
equipment.
REPRESENTATIVE GARDNER stated that the aforementioned letter is
included as backup material for the bill, which suggests that
these issues are being addressed. She expressed concern that
all issues included in the letter are not specifically addressed
by the bill. She then referred to a case involving a facility
in Fairbanks that was unaware of a gassy x-ray tube, and shared
her understanding that HB 71 would not address this particular
problem.
MR. PEARCE agreed that this particular problem would not be
addressed. He reiterated that most of the problems he sees are
related to the training and knowledge of how to use the
equipment safely. There are some instances where the equipment
has failed, this bill addresses the training of those
individuals operating the equipment.
REPRESENTATIVE GARDNER asked whether there is a procedure used
to routinely evaluate or test equipment, and whether Mr. Pearce
was performing a routine evaluation when he discovered the
aforementioned gassy x-ray tube.
MR. PEARCE replied yes.
3:35:45 PM
DONNA ROFSHOLM, Chair, Legislative Committee, Alaska Society of
Radiological Technologists (AKSRT), stated that AKSRT was
involved in drafting the language for HB 71. She explained that
AKSRT drafted this legislation to address concerns regarding the
radiation safety of patients, along with establishing
educational guidelines for operators of radiation emitting
equipment. These standards would ensure that all Alaskans
receive quality care during an x-ray examination. There is no
"safe dose" of radiation. Patients are not aware of the facts,
and do not know how to evaluate the safety of the procedure
being administered, and place all confidence in the healthcare
worker performing the procedure. Without a licensure policy,
anyone can take an x-ray with minimum or no training. Passage
of HB 71 would establish standards for individuals performing
the radiology exams. The DHSS has documented the misuse of
radiation in the state. She opined that the public cannot blame
the operators for errors made, as training is not required.
Passage of HB 71 would ensure that the necessary education is
received.
MS. ROFSHOLM went on to say that the expense to a facility to
license an individual would be the same as the cost of one x-ray
procedure. She opined that this is a small amount to pay to
ensure patients safety. She explained that training programs
sponsored by a medical facility, supervised, or instructed by a
licensed practitioner would also qualify as education. The
AKSRT wants to ensure that any individual performing a radiology
procedure has a minimum of education. HB 71 would not alter the
manner in which small and rural clinics operate, and recognizes
that rural areas have different needs than urban areas.
Provisions in the bill ensure that individuals currently
performing x-ray procedures will be able to continue doing so.
The training is available online, and may be completed at the
operator's convenience. There are currently 37 individuals
enrolled in the limited radiology program. She explained that
these individuals are from rural areas of the state and have
voluntarily enrolled to receive education in performing x-ray
procedures. These individuals will receive an occupational
endorsement from the university after the completion of the
program. The AKSRT feels that establishing guidelines will
promote safety and provide quality care to all Alaskans.
3:40:09 PM
REPRESENTATIVE GATTO, in regard to the amount of radiation
omitted, asked whether digital or film machines are preferable.
MR. PEARCE explained that the amount of radiation produced is
determined by technique factors that are adjusted on the
machine. Digital imaging is more sensitive than film, therefore
less radiation may be required. However, there is concern
regarding possible misuse of digital imaging, which can result
in a higher level of exposure.
3:42:39 PM
RICK URION, Director, Division of Corporations, Business, and
Professional Licensing ("the Division"), Department of Commerce,
Community, & Economic Development (DCCED), stated that the
Division is in support of HB 71. He agreed that public health
is in jeopardy, and licensure is the first step in correcting
the problem.
REPRESENTATIVE NEUMAN asked how many additional employees this
would require.
MR. URION replied that the Division would hire one more
employee. In response to additional questions, he explained
that the Division licenses qualified individuals. If complaints
are received, investigators look into this. The Division does
not check to ensure that all individuals are licensed. He
stated that this is not done in any profession licensed by the
Division. In regard to the consequences of operating an x-ray
machine without proper licensure, he pointed out that the bill
contains several provisions addressing this, and the Division
will abide by these.
REPRESENTATIVE NEUMAN explained that his concerns are a result
of recently learning that businesses operating without a
business license in the state were not subject to any type of
citation. He shared his belief that doctors would want to
ensure that radiological technologists are properly licensed.
REPRESENTATIVE KAWASAKI replied that some clinics do not have
[certified] radiologic technologists, and opined that this is a
matter of cost versus health. This bill would ensure that there
is a certain level of healthcare available across the state.
MR. URION, in response to a question from Representative Neuman,
explained that the test to be used has been developed by the
American Registry of Radiologic Technologists. The Division
would check all information submitted, to ensure that the
individual meets the requirements set forth by the legislature.
3:48:05 PM
REPRESENTATIVE KAWASAKI added that the bill does not create a
board for this reason. The bill requires that national
standards are met, and explained the process applicants would go
through to become licensed. In response to an additional
question, he explained that the bill is specific regarding what
the commissioner can impose for the license, as this was
previously considered by the legislature. He commented that
some details regarding administrative duties have been left to
the discretion of the commissioner.
REPRESENTATIVE LEDOUX inquired as to why dental assistants are
not included.
REPRESENTATIVE KAWASAKI replied that the bill does not address
dental practice, as it only addresses radiologic technologists.
REPRESENTATIVE LEDOUX asked if this is identical to [HB 150],
which was considered by the House Labor and Commerce Standing
Committee during a previous legislative session.
REPRESENTATIVE KAWASAKI replied yes. In response to additional
questions, he agreed that the definition of "licensed
practitioner" was included in the aforementioned bill.
REPRESENTATIVE LEDOUX, referring to a letter from Mr. Pearce
dated January 22, 2007 which notes the misuse of equipment,
inquired as to whether the equipment was misused by individuals
that are exempt from HB 71, such as nurse practitioners or
physicians assistants.
MR. PEARCE replied that the individuals responsible for the
examples given are included in the bill.
REPRESENTATIVE GARDNER commented that a license would provide a
tool for clinics to evaluate whether or not an individual is
competent. She expressed concern with the problems mentioned by
Mr. Pearce that are not addressed by the bill, and opined that
equipment should be examined by a person with knowledge of how
it should work.
REPRESENTATIVE KAWASAKI replied that there are federal
requirements regarding when the equipment should be evaluated.
REPRESENTATIVE GARDNER opined that this is not adequate, if one
survey has revealed a number of problems within the state.
MR. URION shared his understanding that Mr. Pearce is the only
equipment inspector in the state, adding that additional
inspections may be needed.
CHAIR OLSON asked whether dental assistants were included in the
previous versions of this bill.
REPRESENTATIVE KAWASAKI replied no. In response to an
additional question, he explained that dental assistants are not
included for a specific reason. He offered his understanding
that the equipment used by dental assistants is not the same.
REPRESENTATIVE LEDOUX asked whether it would be worthwhile to
consider regulating dental assistants in a future piece of
legislation.
REPRESENTATIVE KAWASAKI replied that he would look into this.
REPRESENTATIVE GATTO surmised that "dental techs" might be
covered under the regulations set forth by the American Dental
Association (ADA). He pointed out that dental hygienists may
already have certification and licensing. He commented that he
has received radiation, and is "deeply troubled" that his
technologist may have not known as much as he or she should.
Referring to House Bill 150, he questioned why the bill had so
much opposition.
REPRESENTATIVE KAWASAKI offered his understanding that the
Alaska Native Tribal Health Consortium, along with the Division,
was previously in opposition to the legislation.
MR. PEARCE, in response to a question from Representative
Gardner, said that the Board of Dental Examiners inspects dental
equipment.
REPRESENTATIVE KAWASAKI shared his belief that HB 71 enhances
public health in Alaska, adding that if it did not, he would not
propose this legislation.
REPRESENTATIVE LEDOUX commented that during the previous
legislative session, she was under the impression that the bill
addressed a problem that did not exist. However, she has been
convinced that this issue does exist. She expressed concern
regarding rural areas and whether "forcing the best" may result
in "nothing at all." She opined that members should remain
cognizant of this, and stated that she is unsure of whether she
is in support of the bill, as she needs to find out how this
will affect rural areas.
4:02:04 PM
CHAIR OLSON stated his intention to hold the bill to allow time
for additional testimony.
REPRESENTATIVE NEUMAN asked about continuing education programs,
and whether these will be available online.
REPRESENTATIVE KAWASAKI replied that individuals from the
[Radiologic Technology Program at the University of Alaska,
Anchorage (UAA)], can discuss continuing education at the next
committee hearing.
MR. URION, in response to additional comments from
Representative Neuman, stated that the Division would like to
offer online renewals, although initial licensure will need to
be examined by the Division. He then explained how continuing
education units are dealt with in other professions.
4:05:30 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:05:32 PM.
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