Legislature(2023 - 2024)BARNES 124

05/10/2024 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ HB 336 ATHLETIC TRAINER SCOPE OF PRACTICE TELECONFERENCED
Heard & Held
+= SB 147 REEMPLOYMENT BENEFITS TELECONFERENCED
Moved HCS CSSB 147(L&C) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                          May 10, 2024                                                                                          
                           3:17 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jesse Sumner, Chair                                                                                              
Representative Justin Ruffridge, Vice Chair                                                                                     
Representative Mike Prax                                                                                                        
Representative Dan Saddler                                                                                                      
Representative Stanley Wright                                                                                                   
Representative Ashley Carrick                                                                                                   
Representative Zack Fields                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 147(L&C)                                                                                                 
"An Act relating to reemployment rights and benefits; and                                                                       
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED HCS CSSB 147(L&C) OUT OF COMMITTEE                                                                                 
                                                                                                                                
HOUSE BILL NO. 336                                                                                                              
"An Act relating to athletic trainers; and providing for an                                                                     
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 147                                                                                                                  
SHORT TITLE: REEMPLOYMENT BENEFITS                                                                                              
SPONSOR(s): SENATOR(s) KAUFMAN                                                                                                  
                                                                                                                                
05/11/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/11/23       (S)       L&C, FIN                                                                                               
02/14/24       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/14/24       (S)       Heard & Held                                                                                           
02/14/24       (S)       MINUTE(L&C)                                                                                            
02/19/24       (S)       FIN REFERRAL REMOVED                                                                                   
02/21/24       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/21/24       (S)       Moved CSSB 147(L&C) Out of Committee                                                                   
02/21/24       (S)       MINUTE(L&C)                                                                                            
02/23/24       (S)       L&C RPT CS 2DP 2NR   TECHNICAL TITLE                                                                   
                         CHANGE                                                                                                 
02/23/24       (S)       DP: BJORKMAN, GRAY-JACKSON                                                                             
02/23/24       (S)       NR: DUNBAR, MERRICK                                                                                    
03/06/24       (S)       TRANSMITTED TO (H)                                                                                     
03/06/24       (S)       VERSION: CSSB 147(L&C)                                                                                 
03/11/24       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/11/24       (H)       L&C                                                                                                    
03/20/24       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/20/24       (H)       <Bill Hearing Rescheduled to 03/22/24>                                                                 
03/22/24       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/22/24       (H)       Heard & Held                                                                                           
03/22/24       (H)       MINUTE(L&C)                                                                                            
03/29/24       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/29/24       (H)       -- MEETING CANCELED --                                                                                 
04/05/24       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/05/24       (H)       -- MEETING CANCELED --                                                                                 
04/08/24       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/08/24       (H)       Heard & Held                                                                                           
04/08/24       (H)       MINUTE(L&C)                                                                                            
04/12/24       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/12/24       (H)       Heard & Held                                                                                           
04/12/24       (H)       MINUTE(L&C)                                                                                            
05/10/24       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 336                                                                                                                  
SHORT TITLE: ATHLETIC TRAINER SCOPE OF PRACTICE                                                                                 
SPONSOR(s): REPRESENTATIVE(s) FIELDS                                                                                            
                                                                                                                                
02/20/24       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/24       (H)       HSS, L&C                                                                                               
04/16/24       (H)       HSS AT 3:00 PM DAVIS 106                                                                               
04/16/24       (H)       Moved HB 336 Out of Committee                                                                          
04/16/24       (H)       MINUTE(HSS)                                                                                            
04/17/24       (H)       HSS RPT 2DP 1NR 3AM                                                                                    
04/17/24       (H)       DP: FIELDS, MCCORMICK                                                                                  
04/17/24       (H)       NR: PRAX                                                                                               
04/17/24       (H)       AM: SUMNER, RUFFRIDGE, MINA                                                                            
05/08/24       (H)       L&C AT 3:15 PM BARNES 124                                                                              
05/08/24       (H)       <Bill Hearing Rescheduled to 05/10/24>                                                                 
05/10/24       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR JAMES KAUFMAN                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    As prime  sponsor,  offered  introductory                                                             
remarks on CSSB 147 (L&C).                                                                                                      
                                                                                                                                
LYNNE YOUNG                                                                                                                     
Alaska Athletic Training Association                                                                                            
Eagle River, Alaska                                                                                                             
POSITION  STATEMENT:    Gave  invited testimony  on  HB  336  and                                                             
answered questions from committee members.                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:17:38 PM                                                                                                                    
                                                                                                                                
CHAIR JESSE SUMNER  called the House Labor  and Commerce Standing                                                             
Committee meeting to order at  3:17 p.m. Representatives Saddler,                                                               
Prax,  Carrick,  Wright,  Fields,   Ruffridge,  and  Sumner  were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
                  SB 147-REEMPLOYMENT BENEFITS                                                                              
                                                                                                                                
3:18:22 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that the  first order of business would be                                                               
SENATE BILL NO. 147, "An  Act relating to reemployment rights and                                                               
benefits" [Before the committee was  CSSB 147(L&C), as amended on                                                               
4/12/24].                                                                                                                       
                                                                                                                                
3:18:38 PM                                                                                                                    
                                                                                                                                
SENATOR  JAMES  KAUFMAN,  Alaska   State  Legislature,  as  prime                                                               
sponsor of CSSB 147 (L&C), introduced himself for the record.                                                                   
                                                                                                                                
3:18:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE moved to  rescind the committee's action                                                               
on 4/12/24 in adopting Amendment  1 to CSSB 147(L&C), labeled 33-                                                               
LS0799\S.1, Marx, 3/19/24, which read:                                                                                          
                                                                                                                                
     Page 4, lines 6 - 7:                                                                                                       
          Delete    "job   analysis    developed   by    the                                                                
     rehabilitation specialist"                                                                                             
          Insert "Occupational Information Network 28.2                                                                     
     database published by the United States Department of                                                                  
     Labor, Employment and Training Administration,"                                                                        
                                                                                                                                
REPRESENTATIVE SADDLER  objected and  asked for  clarification as                                                               
to which amendment was being rescinded.                                                                                         
                                                                                                                                
REPRESENTATIVE RUFFRIDGE answered S.1.                                                                                          
                                                                                                                                
3:19:18 PM                                                                                                                    
                                                                                                                                
[Representative Saddler [removed his  objection.]  There being no                                                               
further objection, Amendment 1 was rescinded.                                                                                   
                                                                                                                                
3:19:24 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:19 p.m. to 3:21 p.m.                                                                       
                                                                                                                                
3:21:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  moved to  adopt  Amendment  2 to  CSSB
147(L&C), labeled 33-LS079\S.5, Marx, 4/18/24, which read:                                                                      
                                                                                                                                
     Page 4, lines 6 - 7:                                                                                                       
          Delete    "developed    by   the    rehabilitation                                                                
     specialist"                                                                                                            
          Insert "obtained from the most recent version of                                                                  
    the    Occupational   Information    Network   database                                                                 
      published by the United States Department of Labor,                                                                   
     Employment and Training Administration,"                                                                               
                                                                                                                                
REPRESENTATIVE WRIGHT objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE   RUFFRIDGE  explained   that   Amendment  1   was                                                               
rescinded  because it  specifically referenced  database 28.2  of                                                               
the Occupational Information Network  (O*NET).  Amendment 2 would                                                               
be  less prescriptive  and  give  rehabilitation specialists  the                                                               
flexibility to use the entire system.                                                                                           
                                                                                                                                
REPRESENTATIVE WRIGHT asked  the bill sponsor for  his opinion on                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
3:22:15 PM                                                                                                                    
                                                                                                                                
SENATOR KAUFMAN  shared his  belief that Amendment  2 is  "at the                                                               
right level."                                                                                                                   
                                                                                                                                
3:22:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WRIGHT removed  his  objection.   There being  no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
3:23:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  moved  to  report  CSSB  147(L&C),  as                                                               
amended,  out of  Committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There  being no  objection, HCS                                                               
CSSB 147  (L&C) was  reported from the  House Labor  and Commerce                                                               
Standing Committee.                                                                                                             
                                                                                                                                
3:23:30 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:23 p.m. to 3:24 p.m.                                                                       
                                                                                                                                
           HB 336-ATHLETIC TRAINER SCOPE OF PRACTICE                                                                        
                                                                                                                                
3:24:49 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that the  final order of business would be                                                               
HOUSE BILL  NO. 336, "An  Act relating to athletic  trainers; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
3:24:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  moved to  adopt the  proposed Committee                                                               
Substitute (CS) to HB 336,  Version 33-LS1399\B, Gunther, 5/7/24,                                                               
as the working document.                                                                                                        
                                                                                                                                
CHAIR SUMNER objected.                                                                                                          
                                                                                                                                
3:25:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS,  as prime  sponsor, provided a  summary of                                                               
changes in  the proposed CS to  HB 336, "Version B"  [included in                                                               
the   committee  packet],   which  read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section 2:  AS 08.07.030(c)  adds text to  clarify that                                                                    
     athletic trainers  may only  treat an  injury, illness,                                                                    
     or  condition  that  is  related  to  or  sustained  by                                                                    
     movement or athletic activity.                                                                                             
                                                                                                                                
     Section  3:   AS  08.07.090(4)  Amends   definition  of                                                                    
     "athletic training" by adding  text to clarify that the                                                                    
     practice  must  be  related  to  movement  or  athletic                                                                    
     activity.                                                                                                                  
                                                                                                                                
3:25:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX recalled  that the  original version  of the                                                               
bill wasn't  restricted to sports and  included athletic activity                                                               
on a job.                                                                                                                       
                                                                                                                                
REPRESENTATIVE FIELDS  said the  bill seeks  to solve  the narrow                                                               
definition  of "athletic  activity," which  at present,  does not                                                               
include noncompetitive  school activities, such  as cross-country                                                               
skiing.   Consequently, athletic trainers may  find themselves in                                                               
an ambiguous  legal area  if they are  providing assistance  to a                                                               
non-competitive student athlete.                                                                                                
                                                                                                                                
REPRESENTATIVE PRAX  argued that the  original version of  HB 336                                                               
gave athletic trainers more flexibility.                                                                                        
                                                                                                                                
REPRESENTATIVE FIELDS said the concern  with the original version                                                               
of  the bill  is that  athletic  trainers could  be construed  as                                                               
physical therapists.                                                                                                            
                                                                                                                                
3:28:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked for the definition of "movement."                                                                  
                                                                                                                                
REPRESENTATIVE FIELDS deferred to Ms. Young.                                                                                    
                                                                                                                                
3:28:59 PM                                                                                                                    
                                                                                                                                
LYNNE  YOUNG,  Alaska  Athletic Training  Association,  said  the                                                               
intent of  the bill  is to  clarify who  trainers are  allowed to                                                               
provide services to and protect trainers against malpractice.                                                                   
                                                                                                                                
REPRESENTATIVE SADDLER asked for  clarification on the definition                                                               
of "movement," per Version B of the bill.                                                                                       
                                                                                                                                
MS.  YOUNG clarified  that the  word  "movement" is  used in  the                                                               
context of  the words, "within  the field of  athletic training."                                                               
One of the  biggest concerns with the current  definition is that                                                               
it  is  too broad.    She  added  that  there are  safeguards  in                                                               
statute,  as  trainers  always  work  under  a  licensed  medical                                                               
professional in Alaska.                                                                                                         
                                                                                                                                
REPRESENTATIVE  SADDLER asked  for  the  definition of  "athletic                                                               
activity," per Version B of the bill.                                                                                           
                                                                                                                                
REPRESENTATIVE FIELDS deferred to Ms. Young.                                                                                    
                                                                                                                                
MS. YOUNG explained that the bill  would not change or expand the                                                               
scope of practice for athletic  trainers.  Instead, the intent is                                                               
to clarify, better define, and  eliminate the confusion as to who                                                               
can  be  provided athletic  training  services.   She  said  [the                                                               
definition of movement] helps to protect athletic trainers.                                                                     
                                                                                                                                
3:36:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX asked  Ms. Young whether she  knew more about                                                               
athletic training than he does.                                                                                                 
                                                                                                                                
MS. YOUNG answered yes.                                                                                                         
                                                                                                                                
REPRESENTATIVE  PRAX  asked whether  Version  B  makes Ms.  Young                                                               
happier or less happy.                                                                                                          
                                                                                                                                
MS. YOUNG  said, "it does,"  as it would allow  athletic trainers                                                               
to feel safeguarded and take care of the community.                                                                             
                                                                                                                                
3:36:58 PM                                                                                                                    
                                                                                                                                
CHAIR  SUMNER  withdrew his  objection.  There  being no  further                                                               
objection, Version B was before the committee.                                                                                  
                                                                                                                                
3:37:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  sought further clarity on  the definition                                                               
of "movement" and "athletic activity."                                                                                          
                                                                                                                                
REPRESENTATIVE  FIELDS stated  that its  not necessary  to figure                                                               
out  the   difference  at   this  time;   nevertheless,  physical                                                               
therapists and  athletic trainers will  continue to come  up with                                                               
better  ways  to parse  out  the  definitions of  "movement"  and                                                               
"athletic activity."                                                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER said  he would not be able  to support the                                                               
bill without understanding the difference between the two terms.                                                                
                                                                                                                                
3:39:39 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that Version B would be held over.                                                                       
                                                                                                                                
3:39:47 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
3:39 p.m.                                                                                                                       

Document Name Date/Time Subjects
S.5 for SB 147.pdf HL&C 5/10/2024 3:15:00 PM
SB 147
B.pdf HL&C 5/10/2024 3:15:00 PM
HB 336
PHY - Language Recommendation - HB336 - AT Scope of Practice - 5-10-2024.pdf HL&C 5/10/2024 3:15:00 PM
HB 336
Letter of Support HB336.pdf HL&C 5/10/2024 3:15:00 PM
HB 336
HB 336 Summary of Changes Ver. A to B .pdf HL&C 5/10/2024 3:15:00 PM
HB 336
U.A.28.pdf HL&C 5/10/2024 3:15:00 PM