04/11/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB119 | |
| HB259 | |
| HB266 | |
| SB27 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 119 | TELECONFERENCED | |
| += | HB 259 | TELECONFERENCED | |
| += | HB 266 | TELECONFERENCED | |
| + | SB 27 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 11, 2012
3:25 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Craig Johnson, Vice Chair
Representative Dan Saddler
Representative Steve Thompson
Representative Lindsey Holmes
Representative Bob Miller
MEMBERS ABSENT
Representative Mike Chenault
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 119(L&C)
"An Act relating to athletic trainers."
- HEARD & HELD
HOUSE BILL NO. 259
"An Act establishing procedures and guidelines for auditing
pharmacy records; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 266
"An Act relating to the practice of naturopathy; and providing
for an effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 27(HSS)
"An Act relating to flame retardants and to the manufacture,
sale, and distribution of products containing flame retardants;
relating to a multistate chemicals clearinghouse; and providing
for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 119
SHORT TITLE: ATHLETIC TRAINERS
SPONSOR(s): SENATOR(s) MEYER
04/01/11 (S) READ THE FIRST TIME - REFERRALS
04/01/11 (S) HSS, L&C
04/11/11 (S) HSS AT 1:30 PM BUTROVICH 205
04/11/11 (S) Moved CSSB 119(HSS) Out of Committee
04/11/11 (S) MINUTE(HSS)
04/12/11 (S) HSS RPT CS 4DP NEW TITLE
04/12/11 (S) DP: DAVIS, MEYER, EGAN, DYSON
04/12/11 (S) FIN REFERRAL ADDED AFTER L&C
04/14/11 (S) L&C AT 2:00 PM BELTZ 105 (TSBldg)
04/14/11 (S) Moved CSSB 119(L&C) Out of Committee
04/14/11 (S) MINUTE(L&C)
04/15/11 (S) L&C RPT CS 4DP 1NR NEW TITLE
04/15/11 (S) DP: EGAN, DAVIS, PASKVAN, MENARD
04/15/11 (S) NR: GIESSEL
02/01/12 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/01/12 (S) Heard & Held
02/01/12 (S) MINUTE(FIN)
03/30/12 (S) FIN RPT CS (L&C) 4DP 2NR
03/30/12 (S) DP: HOFFMAN, THOMAS, EGAN, ELLIS
03/30/12 (S) NR: STEDMAN, OLSON
03/30/12 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/30/12 (S) Moved CSSB 119(L&C) Out of Committee
03/30/12 (S) MINUTE(FIN)
04/02/12 (S) TRANSMITTED TO (H)
04/02/12 (S) VERSION: CSSB 119(L&C)
04/03/12 (H) READ THE FIRST TIME - REFERRALS
04/03/12 (H) L&C, FIN
04/10/12 (H) L&C AT 4:00 PM BARNES 124
04/10/12 (H) -- MEETING CANCELED --
04/11/12 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/11/12 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 259
SHORT TITLE: PHARMACY AUDITS
SPONSOR(s): REPRESENTATIVE(s) MUNOZ, P.WILSON
01/17/12 (H) PREFILE RELEASED 1/13/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) L&C, FIN
02/27/12 (H) L&C AT 3:15 PM BARNES 124
02/27/12 (H) Heard & Held
02/27/12 (H) MINUTE(L&C)
03/16/12 (H) L&C AT 3:15 PM BARNES 124
03/16/12 (H) Heard & Held
03/16/12 (H) MINUTE(L&C)
03/26/12 (H) L&C AT 3:15 PM BARNES 124
03/26/12 (H) Heard & Held
03/26/12 (H) MINUTE(L&C)
04/02/12 (H) L&C AT 3:15 PM BARNES 124
04/02/12 (H) Heard & Held
04/02/12 (H) MINUTE(L&C)
04/06/12 (H) L&C AT 3:15 PM BARNES 124
04/06/12 (H) Scheduled But Not Heard
04/09/12 (H) L&C AT 3:15 PM BARNES 124
04/09/12 (H) Heard & Held
04/09/12 (H) MINUTE(L&C)
04/10/12 (H) L&C AT 4:00 PM BARNES 124
04/10/12 (H) -- MEETING CANCELED --
04/11/12 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 266
SHORT TITLE: PRACTICE OF NATUROPATHY
SPONSOR(s): REPRESENTATIVE(s) MUNOZ, TUCK, THOMPSON
01/17/12 (H) PREFILE RELEASED 1/13/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) L&C
02/08/12 (H) L&C AT 3:15 PM BARNES 124
02/08/12 (H) Heard & Held
02/08/12 (H) MINUTE(L&C)
02/17/12 (H) L&C AT 3:15 PM BARNES 124
02/17/12 (H) Heard & Held
02/17/12 (H) MINUTE(L&C)
02/29/12 (H) L&C AT 3:15 PM BARNES 124
02/29/12 (H) Heard & Held
02/29/12 (H) MINUTE(L&C)
03/05/12 (H) L&C AT 3:15 PM BARNES 124
03/05/12 (H) <Bill Hearing Canceled>
03/30/12 (H) L&C AT 3:15 PM BARNES 124
03/30/12 (H) <Bill Hearing Canceled>
04/02/12 (H) L&C AT 3:15 PM BARNES 124
04/02/12 (H) Heard & Held
04/02/12 (H) MINUTE(L&C)
04/06/12 (H) L&C AT 3:15 PM BARNES 124
04/06/12 (H) Scheduled But Not Heard
04/09/12 (H) L&C AT 3:15 PM BARNES 124
04/09/12 (H) Scheduled But Not Heard
04/11/12 (H) L&C AT 3:15 PM BARNES 124
BILL: SB 27
SHORT TITLE: FLAME RETARDANTS /CHEMICALS CLEARINGHOUSE
SPONSOR(s): SENATOR(s) WIELECHOWSKI
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) HSS, FIN
02/21/11 (S) HSS AT 1:30 PM BUTROVICH 205
02/21/11 (S) Heard & Held
02/21/11 (S) MINUTE(HSS)
02/28/11 (S) HSS AT 1:30 PM BUTROVICH 205
02/28/11 (S) Moved CSSB 27(HSS) Out of Committee
02/28/11 (S) MINUTE(HSS)
03/01/11 (S) HSS RPT CS 3DP 1NR NEW TITLE
03/01/11 (S) DP: DAVIS, ELLIS, EGAN
03/01/11 (S) NR: MEYER
04/08/11 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/08/11 (S) Heard & Held
04/08/11 (S) MINUTE(FIN)
02/24/12 (S) FIN RPT CS (HSS) 3DP 2NR
02/24/12 (S) DP: THOMAS, EGAN, ELLIS
02/24/12 (S) NR: STEDMAN, OLSON
02/24/12 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/24/12 (S) Moved CSSB 27(HSS) Out of Committee
02/24/12 (S) MINUTE(FIN)
04/04/12 (S) TRANSMITTED TO (H)
04/04/12 (S) VERSION: CSSB 27(HSS)
04/05/12 (H) READ THE FIRST TIME - REFERRALS
04/05/12 (H) L&C, FIN
04/10/12 (H) L&C AT 4:00 PM BARNES 124
04/10/12 (H) -- MEETING CANCELED --
04/11/12 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
CHRISTINE MARASIGAN, Staff
Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the sponsor of SB
119, Senator Kevin Meyer.
BRENDA SHELDON, Athletic Trainer; President
Alaska Athletic Trainers Association (AATA)
Palmer, Alaska
POSITION STATEMENT: Testified during the discussion of SB 119.
LYNNE-MARIE YOUNG, Certified Athletic Trainer;
Secretary-/Treasurer, Alaska Athletic Trainers' Association
Eagle River, Alaska
POSITION STATEMENT: Testified during the discussion of SB 119.
CHRISTOPHER CLARK, Staff
Representative Cathy Munoz
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the changes in the proposed
committee substitute for HB 259, Version E.
BARRY CHRISTENSEN, Pharmacist, Island Pharmacy, Inc.;
Co-Chair, Legislative Committee
Alaska Pharmacists Association (AkPhA)
Ketchikan, Alaska
POSITION STATEMENT: Testified during the discussion HB 259.
TOM HODEL, Pharmacist and Owner
Soldotna Professional Pharmacy
Soldotna, Alaska
POSITION STATEMENT: Testified during the discussion of HB 259.
SAM GOTTSTEIN, Staff
Senator Bill Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 27 on behalf of the sponsor,
Senator Wielechowski.
SENATOR BILL WIELECHOWSKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as sponsor of SB 27.
KONRAD JACKSON, Staff
Representative Kurt Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions on the
proposed committee substitute (CS) for SB 27, Version E.
EMILY BREESE
Healy, Alaska
POSITION STATEMENT: Testified in support of SB 27.
ACTION NARRATIVE
3:25:26 PM
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:25 p.m. Representatives
Saddler, Johnson, Miller and Olson were present at the call to
order. Representatives Thompson and Holmes arrived as the
meeting was in progress.
SB 119-ATHLETIC TRAINERS
3:25:54 PM
CHAIR OLSON announced that the first order of business would be
CS FOR SENATE BILL NO. 119(L&C), "An Act relating to athletic
trainers."
3:26:01 PM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State
Legislature, on behalf of the sponsor of SB 119, Senator Kevin
Meyer, stated that this bill relates to athletic trainers.
3:28:15 PM
REPRESENTATIVE JOHNSON moved to adopt the proposed House
committee substitute (CS) to CSSB 119(L&C), labeled 27-LS0732\X,
Kirsch, 4/10/12.
CHAIR OLSON objected for the purpose of discussion.
3:28:42 PM
MS. MARASIGAN reviewed the proposed committee substitute,
Version X. She referred to page 2, lines 1-2, which reads,
"relating to student participation in interscholastic
activities; and providing for an effective date." She also
referred to page 2, line 12, which reads, "(2) meets the
requirements established by the department in regulation;". She
indicated that this provision relates to the requirements set
out in regulations under proposed AS 08.07.030 on page 2, lines
20-27. She explained this language was removed by prior
committees for cost savings; however, on further reflection and
discussions with the Department of Law, it was decided that
having the regulations establishing state standards would be
appropriate.
3:30:04 PM
MS. MARASIGAN referred to the definition section, under proposed
AS 08.07.040 has been changed. She related that on page 3,
Sections 3 and 4 remain the same and the provisions outline that
an athletic trainer is recognized as a health care provider.
MS. MARASIGAN referred to Section 4, which relates to potential
concussions and traumatic brain injury and clarifies a student
may not return for "participation in practice or game" until the
student has been evaluated and is cleared for participation in
writing. She explained that athletic trainers are trained to
treat concussions and traumatic brain injuries. She explained
that the language on page 3, lines 28-31 and page 4, of Section
5 outlines the different ways in which those in alternative
educational programs can participate in interscholastic school
activities. She related that this bill was previously heard in
the Health, Education, and Social Services Committee. She
offered that Sections 6 and 7 refer to the effective dates.
3:31:44 PM
REPRESENTATIVE JOHNSON asked whether the bill excludes ninth
grade level students from needing an athletic trainer. He
referred to the definition of interscholastic activities or
eligibility, noting that it does not seem to cover younger
students.
MS. MARASIGAN explained this language basically refers to
students enrolled in alternative education programs. In other
words students who are homeschooled or attend an academy school
or any school listed on page 4 of the bill can participate in
interscholastic activities if they live in the district.
3:33:11 PM
REPRESENTATIVE JOHNSON asked what about "pee wee" football and
if an athletic trainer can be used.
MS. MARASIGAN answered that the two issues are related, but this
bill related to interscholastic athletics does not require an
athletic trainer to be present. Students who want to
participate in interscholastic athletics don't necessarily need
to participate with the blessing of an athletic trainer.
REPRESENTATIVE JOHNSON said he would contemplate this.
3:34:18 PM
REPRESENTATIVE SADDLER said he attended a small school without
athletic trainers. He asked for an informal definition of
athletic trainer and whether there are various levels of
trainers.
MS. MARASIGAN answered that the issue of smaller schools and
athletic trainers in general has arisen previously. She
explained that athletic training is federally defined as an
occupation. These athletic trainers have an undergraduate
degree in kinesiology and sports medicine. She explained the
trainers adhere to a nationally certified process to become an
athletic trainer. In terms of smaller schools, she related her
understanding that Fairbanks has an athletic trainer. She
stated that currently athletic trainers are unregulated and
unlicensed in Alaska. Many of them volunteer for sports
activities and are able to recognize concussions and other
sports injuries, but there is not any requirement in the bill or
otherwise that requires one to be present on site.
3:36:07 PM
REPRESENTATIVE SADDLER commented that he thinks of trainers with
ice bags or ammonia when he thinks of athletic trainers. He
asked whether people who participate in football and have an
injury that may require a back board are treated by athletic
trainers. He further asked who is liable when a trainer
encounters someone with a broken spinal column. He asked
whether athletic trainers are held liable.
MS. MARASIGAN deferred to the athletic trainers; however; she
assumed athletic trainers, just like other medical professionals
would be covered under Good Samaritan Law and can provide
assistance.
3:38:08 PM
BRENDA SHELDON, Athletic Trainer; President, Alaska Athletic
Trainers Association (AATA), stated she is an athletic trainer.
She explained that athletic trainers are allied health care
professionals who graduate from an accredited college or
university athletic training program. Nearly 70 percent of
athletic trainers hold a master's degree or higher advanced
college degree. They take classes, including classes in human
anatomy, biology, human physiology, statistics, exercise
physiology, kinesiology chemistry, physics, medical conditions
and disabilities, and therapeutic modalities. She offered to
provide a list to the committee. An independent board of
certification nationally certifies athletic trainers, who must
pass an examination and obtain 75 hours of medically related
continuing education every three years, adhere to the standards
of professional practice, and the code of ethics.
MS. SHELDON detailed that to be a licensed athletic trainer in
Alaska, the trainer must be in good standing with the board of
certification, and the Division of Business and Professional
Licensing can obtain primary source verification from the board
of certification. In Alaska, athletic trainers are found in the
university system, in physician offices, on military bases, at
high school sporting events, and working with semi-professional
teams. This bill does not limit other professionals from
standing alongside to provide care. This bill specifically does
not prohibit any professional from working within their scope of
practice to perform duties. She highlighted that athletic
trainers who volunteer at youth or community functions are not
currently covered or included in the Alaska Good Samaritan law,
but SB 119 will ensure that athletic trainers are covered under
the Good Samaritan law.
3:40:38 PM
MS. SHELDON referred to page 2 to the definition of athletic
trainer, which she characterized as limiting. She respectfully
asked for input. She suggested the definition should read,
"athletic training" means the prevention, recognition,
evaluation, treatment, and rehabilitation of injury or illness
and engaging in the organization and administration of athletic
training programs under the direction of a physician under AS
08.64." She offered her support for SB 119 with the revised
definition of athletic training. She offered her belief that SB
119 would help to ensure that qualified, licensed, athletic
trainers are caring for Alaskans.
3:41:41 PM
CHAIR OLSON asked about the Good Samaritan Act. He asked
whether there are other professions are covered by the act. He
related his understanding that the Good Samaritan Act protects a
doctor, nurse, practitioner or anyone driving by an accident or
on a plane to allow them to provide aid.
MS. SHELDON explained the Good Samaritan Act states the person
must be licensed to be covered. She referred to page [3], line
3, which lists the professions covered under the Good Samaritan
law. She explained that SB 119 would add athletic trainer.
3:43:33 PM
REPRESENTATIVE SADDLER asked for a copy of the proposed
definition.
CHAIR OLSON advised the committee will have the proposed
definition distributed.
3:43:59 PM
REPRESENTATIVE MILLER indicated the title relates to athletic
trainers participating in interscholastic activities. He asked
if the definition is too broad for athletic trainers. He was
also uncertain whether the host of activities listed in the
definition fall under the interscholastic activities.
MS. MARASIGAN referred members to Version X, pages 1, 2, and
through page 3, line 14. She explained that the original bill
solely addresses licensure of athletic trainers. She explained
that the bill was amended and the additional language in the
bill relates to interscholastic activities.
3:45:52 PM
REPRESENTATIVE MILLER referred to the semicolon in the bill
title after athletic trainer.
MS. MARASIGAN reiterated her understanding that SB 119 relates
to athletic trainers, and everything added from page 3, lines 15
through page 5 is another related to the issue scholastic
activities previously in HB 369 sponsored by Representatives
Thomas and Stolz, which was rolled into this bill since it is
related.
REPRESENTATIVE MILLER commented he would accept that but it was
still unclear.
3:47:47 PM
CHAIR OLSON asked if replacing the ";" with an "and" would
clarify the title.
REPRESENTATIVE MILLER agreed. He commented that he was a
swimmer in college and the athletic trainers were available to
oversee the football team.
REPRESENTATIVE SADDLER asked for the number of athletic trainers
in the state and whether they are used at the college, high
school, or semi-professional level.
MS. SHELDON offered that there are approximately 41 athletic
trainers in Alaska, in communities including Fairbanks,
Matanuska-Susitna, Juneau, Sitka, and Anchorage. The roles are
diverse including the university system, physician offices, and
military bases. She related that their professional and allied
professional background covers all areas within their scope of
practice.
3:49:26 PM
REPRESENTATIVE SADDLER asked whether the universities have any
undergraduate training programs.
MS. SHELDON related her understanding the programs are in the
planning phase.
3:49:54 PM
REPRESENTATIVE SADDLER inquired as to level of pay for athletic
trainers.
MS. SHELDON answered it varies in the setting, whether the job
is at the university or at a physician's office. She
characterized the pay as in the mid-range scale ranging from
$40,000 to $55,000, but not in the high-end pay ranges.
REPRESENTATIVE SADDLER asked whether the athletic trainers are
typically athletes or medical school students.
MS. SHELDON responded that it varies in Alaska since athletic
trainers are a diverse group. She explained that there are
dual-credentialed athletic trainers in Alaska who work in dual
capacities, such as athletic trainers that work as a registered
nurses, physical therapists, medical doctors (MD), physician
assistants, and physical therapy assistants. She explained that
athletic trainers typically fall in the medical background
arena.
3:51:53 PM
LYNNE-MARIE YOUNG, Certified Athletic Trainer;
Secretary/Treasurer, Alaska Athletic Trainers' Association,
stated she just received a copy of SB 119. She agreed with Ms.
Sheldon's testimony and fully supports SB 119 with the revision
of the definition. She shared concerns over the definition of
an athletic trainer since she is current employed as an athletic
trainer. She stated the current definition in the bill will
change the scope of practice and some athletic trainers may
actually lose their jobs. Under their scope of practice and
national board certification, athletic trainers can treat
patients in physicians' offices as physician extenders.
Additionally, athletic trainers can work in military and
industrial settings. She suggested that the language leads
people to believe that only athletes and those with athletic
injuries can benefit from an athletic trainer's care. She
reiterated that the Alaska Athletic Trainers' Association fully
supports SB 119 with the definition change for athletic
trainers.
3:53:52 PM
REPRESENTATIVE SADDLER referred to the definition for athletic
trainer and asked how someone practices under the direction of a
physician.
MS. YOUNG answered that the athletic trainers through education
are trained to deal with injuries and illnesses as they occur.
She explained that athletic trainers use physicians as their
guides. In the event that athletic trainers have questions they
consult with a physician to obtain direction. She pointed out
that while athletic trainers take many of the same courses, they
are not at same level as a physician; however athletic trainers
can discuss certain cases. She described the treatment they
offer as treating people for injury and illness. She pointed
out that one ankle sprain may take two to three weeks to heal
and athletic trainers will communicate to see how injury or
illness is responding according to the protocol.
3:55:33 PM
REPRESENTATIVE SADDLER asked whether a patient must first be
seen by a physician and then the athletic trainer takes over or
if there is a standard set of orders for conditions.
MS. YOUNG answered that there is a standard set of treatments,
such that if an athlete or individual slips on ice or on a
basketball court, the athletic trainer is trained to do an
assessment. Through the assessment and education the athletic
trainer knows whether the person would benefit from a basic
protocol. She referred to PRICE, which means protection rights,
ice, compression, and elevation as is typically taught in first
aid courses is used; however, certain tests and evaluation
procedures will lead the athletic trainers to determine whether
the injured person needs to be splinted and transported to a
hospital or to a physician's office for an X-ray. She recapped
that based on education an athletic trainer's evaluation will
deem whether the athletic trainer will recommend an individual
needs an immediate trip to a physician or within a day or two of
the injury.
REPRESENTATIVE SADDLER related his understanding the standard
protocol would apply to someone who slipped on ice, which would
still as being under the "direction of a physician."
MS. YOUNG offered her belief that the athletic trainers are
trained to treat injuries and illnesses. She agreed a person
slipping on ice would be treated similarly to someone slipping
on a basketball court.
3:57:13 PM
CHAIR OLSON assumed the athletic trainers are paid by schools or
insurance from the injured party.
MS. YOUNG responded that payment depends on the source of
employment. She answered that athletic trainers who work at the
university are paid by the university; those that work for
physicians are paid by the physician or hospital; and those
employed by the military are paid by the military. She related
her personal circumstances, such that she is employed by a
physician's office and she volunteers her service to the high
schools, but the schools do not pay for the services. The
schools display a banner or thank the physician and athletic
trainer by placing an ad in their programs specifically thanking
them for caring for their athletes.
3:58:27 PM
CHAIR OLSON answered if anyone bills insurance for services.
MS. YOUNG answered no.
[SB 119 was held over, with Chair Olson's objection to adoption
of Version X pending.]
HB 259-PHARMACY AUDITS
3:59:35 PM
CHAIR OLSON announced that the next order of business would be
HOUSE BILL NO. 259, "An Act establishing procedures and
guidelines for auditing pharmacy records; and providing for an
effective date."
CHAIR OLSON removed his objection to the adoption of CSHB 259,
Version E, labeled 27LS0675\E, Martin, 4/9/12, which was left
pending at the April 9, 2012 meeting. There being no further
objection, Version E was before the committee.
4:00:10 PM
CHRISTOPHER CLARK, Staff, Representative Cathy Munoz, Alaska
State Legislature, commended the committee's staff, Konrad
Jackson, for his work on this bill. He referred to page 2, line
6-10 to the language changes related to Scriveners' errors or
written errors. He explained that audits would not be conducted
within 90 days after an audit in which no errors were found. The
definition of error was inserted. He referred to page 2, lines
31 through page 3, line 4, which relates to clerical error. He
referred to page 3, lines 27-30, which indicates this section
does not apply to a criminal investigation or investigation or
audit by a governmental agency, including state Medicaid
programs. He said the sponsor hopes this will lead to a zero
fiscal note. He referred to page 2, lines 28-30, which adds
language to deal with the mail orders, such that an auditor may
not assess a charge-back, recoupment or other penalty against a
pharmacy based solely on the mailed prescription or delivered at
the request of the patient as part of a routine business
practice of a pharmacy. He related his understanding that the
pharmacists will echo the sponsor's sentiments on the work that
has been done.
4:02:22 PM
BARRY CHRISTENSEN, Pharmacist, Island Pharmacy, Inc.; Co-Chair,
Legislative Committee, Alaska Pharmacists Association (AkPhA),
said he concurs with Mr. Clark and appreciates the work done on
the bill. He offered his belief that the bill is a good
compromise and contains language that will help pharmacists stay
focused on their main tasks on not fret about the issues related
to audits. He acknowledged that Version E does not contain
everything the pharmacists sought, but reiterated that Version E
is a good compromise. He concluded that he appreciates the
committee's work.
CHAIR OLSON particularly commended the efforts of his aide,
Konrad Jackson, and the sponsor's staff, Christopher Clark.
4:03:31 PM
REPRESENTATIVE JOHNSON asked whether he is sure the pharmacists
do not want the auditors to use extrapolation. He said it seems
to him that the pharmacists will just be subject to more and
more audits without extrapolation being used. He predicted that
the pharmacists are not going to like this.
DR. CHRISTENSEN said, "Yes we are." He elaborated that most of
the pharmacists believe that they do an incredible job
scrutinizing prescriptions and do their best. The auditors lead
them to believe by virtue of extrapolation that they make lots
of errors; however, the pharmacists disagree and would rather be
judged on what they do and not on what they might have done,
which is extrapolation. He pointed out that most other states
that have passed similar legislation regarding extrapolation,
agree with the pharmacists, but he appreciated Representative
Johnson's concerns.
REPRESENTATIVE JOHNSON reiterated that not allowing
extrapolation will increase the number of audits. He
characterized the tradeoff as deciding between more audits or
extrapolating the fines and fees.
4:05:11 PM
TOM HODEL, Pharmacist and Owner, Soldotna Professional Pharmacy,
stated he is in his 28th year of business and is celebrating the
pharmacy's anniversary this week. He said he concurs with Mr.
Christensen that pharmacists do not like extrapolation. He
disagreed that the bill would lead to more audits. He
reiterated his earlier testimony, such that his pharmacy
underwent an audit in which the auditor used extrapolation. He
said he did not think it was very fair so hired a lawyer and
fought it. He ended up reaching a compromise. He highlighted
that auditors questioned 4 of 100 claims, of which 3 were
clerical errors. The audit resulted in one $48 claim and by
using extrapolation resulted in an attempt to charge them over
$7,500. He finally settled for $4,000, after two appeals. He
said, "I certainly do not like extrapolation process."
[HB 259 was held over.]
HB 266-PRACTICE OF NATUROPATHY
4:07:52 PM
CHAIR OLSON announced that the next order of business would be
HOUSE BILL NO. 266, "An Act relating to the practice of
naturopathy; and providing for an effective date."
CHAIR OLSON if anyone had questions for Christopher Clark, the
sponsor's staff.
[HB 266 was held over.]
SB 27-FLAME RETARDANTS /CHEMICALS CLEARINGHOUSE
4:08:12 PM
CHAIR OLSON announced that the final order of business would be
CS FOR SENATE BILL NO. 27(HSS), "An Act relating to flame
retardants and to the manufacture, sale, and distribution of
products containing flame retardants; relating to a multistate
chemicals clearinghouse; and providing for an effective date."
4:08:36 PM
SAM GOTTSTEIN, Staff, Senator Bill Wielechowski, Alaska State
Legislature, stated that SB 27 would help ensure Alaskans live
in safe toxic-free homes. This bill would ban polybrominated
diphenyl ethers or PBDEs, which are toxic flame retardants from
being manufactured, distributed or sold in the state. These
toxic chemicals can be found in many household items, including
mattresses, upholstered furniture, and plastic covers on
electronics. He said that the negative health effects of using
these chemical is well-documented. He related that a number of
studies on prenatal exposure to PBDEs show decreased mental and
physical development, increased thyroid problems, reproductive
health problems, and an increased risk of testicular cancer. He
pointed out that children are most at risk from exposure to
toxic chemicals since exposure to small concentrations of these
toxins at a critical stage of development can lead to permanent
negative health effects.
MR. GOTTSTEIN said Alaskans are particularly vulnerable to toxic
flame retardants for three reasons. First, Alaskans tend to
spend more time indoors. Second, Alaskans eat a greater
quantity of subsistence foods that have high concentrations of
the biocumulating chemicals. Third, toxins like PBDEs are
carried in the atmosphere through a process known as global
distillation. He referred to a news article that came out three
days ago that indicates an uncommonly high level of flame
retardant chemicals are found in a very remote Arctic location,
which made national news. Thus Alaskans are at an increased
risk. He related that the sponsor has received numerous letters
of support from pediatricians, firefighter associations, the
Alaska Mental Health Trust, and Alaska Federation of Natives.
MR. GOTTSTEIN asked to make a few points, including that
Representative Holmes had introduced a similar bill. He raised
issues that have been raised during hearings on the bill.
First, SB 27 does not compromise fire safety. The bill does not
exempt products from meeting existing fire safety standards so
there should be no trade off resulting in legislature being
forced to decide between the lesser of two evils. This bill
would keep children safe from fires and from harmful health
effects from exposure to harmful chemicals. Second, this bill
will not increase costs to consumers. Other states have
researched this extensively. He held up an extensive study by
the State of Illinois - too large for members' packets - that
looked for cost effective alternatives. Illinois found that
transportation issues resulted in cost issues. He referred to
page 2, lines 24-25, which exempts transportation. He pointed
out that cheap alternatives are available in the marketplace,
especially in large markets such as European Union, Wal-Mart.
He noted that 12 other states have banned these chemicals except
for a couple of industries, which this bill exempts. Finally, a
number of legislators have raised concerns since the
Environmental Protection Agency (EPA) is working to address this
issue. He offered his belief that over 90,000 chemicals are
registered under the Toxic Substance Control Act, and of those
only five have ever been banned by the EPA. He pointed out that
lead, mercury, and asbestos are substances with negative health
effects yet none have been banned.
MR. GOTTSTEIN reported that three independent chemical
manufacturers have performed a voluntary phase out. He
emphasized that the phase out is voluntary and puts American
companies at a disadvantage since foreign chemical companies
continue to use the chemicals.
4:13:58 PM
REPRESENTATIVE JOHNSON related his understanding the federal
government will take care of in 2014. He recalled the issue
coming up several years.
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, answered
that the EPA is not banning PBDEs, but is asking companies for
voluntary compliance by 2014.
4:15:09 PM
MR. GOTTSTEIN related his understanding that in 2013 or 2014,
the voluntary ban goes into effect on three manufacturers. He
stated that SB 27 would apply to the chemical compounds for
penta, octa, and deca BDEs. He offered his belief that the
voluntary compliance for penta and octa, but not deca BDEs,
which are also very dangerous toxic chemicals. More
importantly, the EPA ban does not apply to the importation of
these chemicals from outside manufacturers. Essentially, the
problem exists in which the U.S. companies are doing right thing
yet foreign companies are continuing to import these toxic
chemicals.
4:16:46 PM
REPRESENTATIVE JOHNSON moved to adopt the proposed committee
substitute (CS) for SB 27, labeled 27-LS0300\E, Bannister,
4/9/12, as the working document. [Version E was before the
committee.]
CHAIR OLSON objected for purpose of discussion.
4:17:39 PM
REPRESENTATIVE HOLMES suggested the bill is similar to her prior
bill on the same subject.
4:17:47 PM
KONRAD JACKSON, Staff, Representative Kurt Olson, Alaska State
Legislature, stated that SB 27 is similar to a version the
committee reviewed last session. He referred to page 1, line 7
of the original bill, which read, "A person may not
manufacturer, sell, or distribute..." He stated that the
language in the proposed substitute, (CS), for SB 27, Version E
reads, "a person who is a manufacturer or a distributor may not
manufacturer, sell, or distribute a product. The intention was
to not harm businesses or retailers who may have the products on
the shelf. The companies have invested money in the products
which will be sold and not replaced as time goes on and could be
a pretty unfair burden to businesses.
CHAIR OLSON related his understanding this bill would protect
Alaska businesses.
MR. JACKSON commented that Representative Holmes mentioned this
bill looks a lot like a bill she had on the same topic.
4:19:25 PM
REPRESENTATIVE MILLER related his understanding that the EPA has
moved to phase out the products and the businesses may have
several inventory pieces on their shelves. He inquired as to
whether the businesses will have any duty to disclose to
consumers the PBDEs in the products.
REPRESENTATIVE HOLMES said she did not believe so. She stated
that the businesses may not know their merchandise contains
PBDEs, which is part of why the committee made the change to the
original bill. The committee wanted to make sure SB 27 did not
apply to the company, but to the manufacturer of the product.
4:20:36 PM
REPRESENTATIVE MILLER asked how the three chemicals release
toxins. He further asked whether the toxins are airborne, if
they leach out, or become worse if exposed to fire, heat, or
water.
REPRESENTATIVE HOLMES answered yes to all three. She explained
that the products are in chairs and mattresses and breakdown.
She agreed they are more dangerous in smoke and can
bioaccumulate and get into the fish cycle, which is why higher
concentrations are found in the Yukon-Kuskokwim (Y-K) Delta.
She said, "The answer is all of the above."
4:21:42 PM
REPRESENTATIVE MILLER recalled the chemicals are in furniture
and mattresses to reduce the coating from burning. He asked if
the chemicals are found in clothing or wall coverings.
CHAIR OLSON also asked if the chemicals are found in children's
clothing.
REPRESENTATIVE HOLMES answered that the PBDEs have been found in
computers, mattresses, couches, and televisions. She was not
sure if the PBDEs are in clothing.
4:22:29 PM
REPRESENTATIVE JOHNSON noted changes to bill make it only apply
to manufacturer and distribution. He inquired as to whether any
manufacturer or distributor distributes these products in
Alaska. He further asked whether Costco would be considered a
distributor.
REPRESENTATIVE HOLMES referred to page 4, to the definitions of
manufacturer and distributors. She stated that the changes were
put in at the request of the committee and she concurs with the
changes.
4:24:09 PM
REPRESENTATIVE JOHNSON read that someone may buy cribs at Wal-
Mart and resell them to the hotel. He questioned whether the
person would be considered a distributor. He said he did not
think anyone was manufacturing in the state.
REPRESENTATIVE THOMPSON responded that the Mattress Ranch
advertises that it makes its own mattresses. He pointed out
that if the business affixes its brand name on a mattress, the
company is considered the manufacturer.
REPRESENTATIVE JOHNSON said he understood the mattresses are
manufactured in the Lower 48. He asked whether a company in
Alaska is now being singled out.
4:25:08 PM
REPRESENTATIVE THOMPSON referred to page 4, line 26, which read
"(A) manufacturers a product or whose brand is affixed to the
product; or...."
4:25:24 PM
REPRESENTATIVE JOHNSON inquired as to whether a person buying
mattresses at Mattress Ranch who then sells them to hotels would
be considered a distributor. He asked whether the bill will
have accomplished anything since there seems to be all sorts of
loopholes. He related a scenario in which a person buys hotdogs
at Costco and sells them and the hotdogs contain PDBEs if the
person would be considered a distributor. He suggested the bill
may be too broad.
4:26:15 PM
EMILY BREESE, speaking on behalf of herself, stated that she has
worked as a volunteer fire fighter. She has become increasingly
concerned about breathing PBDEs, which were thought to keep
people safe, but are actually harming us. She pointed out that
PBDEs are used as flame retardants, but may promote cancer,
developmental problems, and thyroid or reproductive problems.
She asked the reason to continue to use these chemicals when
there are safe, economical alternatives in the marketplace. She
expressed concern that her family could be exposed to harmful
toxins from sitting on the sofa or using the computer. She said
she is especially concerned due to bioaccumulation issues since
she is also an Alaskan and a firefighter. She related her
understanding that some of the highest concentrations of PBDS
are found in fresh water lakes of Denali National Park and
Preserve (Denali Park), close to her home. She highlighted that
a large amount of PBDEs are found in Alaska. She also stated
she is exposed to toxins in a higher amount when she is engaged
in firefighting. Furthermore, currently consumers don't have
the right to know that PBDEs are found in these products so they
can't easily limit their exposure. She concluded that PBDEs
need to be banned now so people can better make decisions on
what is best for Alaskans well-being and health. She offered
her support for SB 27.
[SB 27 was held over.]
4:29:02 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:29 p.m.