Legislature(1995 - 1996)
02/15/1995 09:06 AM HES
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE February 15, 1995 9:06 a.m. MEMBERS PRESENT Senator Lyda Green, Chairman Senator Loren Leman, Vice-Chairman Senator Mike Miller Senator Johnny Ellis Senator Judy Salo MEMBERS ABSENT All members present. COMMITTEE CALENDAR SENATE BILL NO. 58 "An Act restricting the use of the title `industrial hygienist' and related titles and initials." SENATE BILL NO. 62 "An Act relating to birth certificates for certain foreign born persons who are adopted." SENATE BILL NO. 68 "An Act relating to the donation of food by meat processors and seafood processors and to who qualifies as a food bank." SHES - 2/15/95 SB 59 (REGULATIONS FOR STUDENT LOANS) was scheduled, but not taken up this date. PREVIOUS SENATE COMMITTEE ACTION No previous action to record. WITNESS REGISTER Senator Leman State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Prime sponsor of SB 58. Erin Trippler Director of Government Affairs American Industrial Hygiene Association Fairfax, Virginia POSITION STATEMENT: Discussed AIHA and SB 58. Jeff Carpenter Midnight Sun Section Member of AIHA 9121 King David Drive Anchorage, Alaska 99507 POSITION STATEMENT: Defined "industrial hygienits." Penny Goodstein Midnight Sun Section Member of AIHA 9200 Buddy Werner Anchorage, Alaska 99516 POSITION STATEMENT: Clarified the public health issue regarding SB 58. Rachel Snigaroff Staff to Senator Green State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Reviewed SB 62. Larry and Maxine DeVilbiss Requestors of SB 62. POSITION STATEMENT: Expressed appreciation for SB 62. Senator Leman State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Prime sponsor of SB 68. Jack Doyle, Executive Director Food Bank of Alaska 2121 Spar Avenue Anchorage, Alaska 99501 POSITION STATEMENT: Urged the adoption of proposed amendments to SB 68. Tom Mears, Executive Director Cook Inlet Aqua Culture Association HC 2 Box 849 Soldotna, Alaska 99669 POSITION STATEMENT: ACTION NARRATIVE TAPE 95-5, SIDE A SHES - 2/15/95 SB 58 USE OF TITLE "INDUSTRIAL HYGIENIST" Number 004 CHAIRMAN GREEN called the Senate Health, Education and Social Services (HESS) Committee to order at 9:06 a.m. She introduced SB 58 as the first order of business before the committee. SENATOR LEMAN, Prime Sponsor, noted that he had introduced this legislation for the Midnight Sun Section of the American Industrial Hygiene Association. There have been cases in which individuals have used the title "industrial hygienist" when they are not qualified as such. The profession of industrial hygiene is a cross disciplinary field. He explained that SB 58 makes using the title "industrial hygienist" an unfair trade practice if the individual is not qualified as such. Other states have such legislation. ERIN TRIPPLER, Director of Government Affairs at the American Industrial Hygiene Association (AIHA), emphasized the need for this legislation in order to protect the health and safety of employees, their families and the community. He pointed out that California, Tennessee, and Illinois have similar legislation while many other states are preparing similar legislation. He inquired as to the language in SB 58 which would make the use of the title by an unqualified person an unfair business practice. He noted that the legislation could add an exclusionary clause to ensure that the legislation would not infringe on other professions. Number 103 SENATOR LEMAN clarified that the bill refers to Alaska Statutes which address Mr. Trippler's concern regarding the unfair business practice portion of the legislation. The title protection would be added to the list in statutes. SENATOR SALO asked for examples of other items under this statute. SENATOR LEMAN listed telephonic solicitations, hearing aides, Alaska gasoline products, and many others. ERIN TRIPPLER said the title protection that SB 58 provides for industrial hygienists is used nationwide for professions such as waste water treatment operators, CPAs, physician assistants, nursing assistants, and many others. SENATOR SALO expressed confusion with the purpose of SB 58. There are licensing standards of practice for various occupations, but SB 58 would amend the portion of law dealing with misrepresentation. She asked if the purpose of the bill was to eliminate persons misrepresenting themselves as qualified industrial hygienists. Is there another section of law that licenses persons in industrial hygiene? SENATOR LEMAN explained that industrial hygienists are not licesnsed in Alaska and SB 58 would not create a licensure for them. SB 58 protects the use of the title "industrial hygienist" for those who are qualified through the national system. SENATOR SALO seemed perplexed that industrial hygienists are not licesensed in Alaska, but that this legislation would make the misrepresentation of that title illegal. She asked what the Council on Postsecondary Accreditation referred to in the bill. ERIN TRIPPLER explained that the council was a national accreditation group for postsecondary education. In response to Senator Salo, ERIN TRIPPLER said that the industrial hygiene association does not require that their professionals be licensed. The association chose the option of title protection. The American Board for Idustrial Hygiene handles the certification of these professionals. Mr. Trippler pointed out that there are very few professions that are licensed in the United States. Number 234 JEFF CARPENTER, member of the Midnight Sun Section of AIHA, specified that an industrial hygienist's job is to recognize and anticipate health hazards in the work place and then implement strategies to control the situation. He expressed concern with the lack of understanding of this profession. In response to Chairman Green, Mr. Carpenter explained that an industrial hygienist would be hired by a company as a consultant or part of a larger team. He noted that industrial hygienists are part of government agencies who would assist employers with compliance of regulations as well as enforce the regulations. SENATOR LEMAN spoke to Senator Salo's comment regarding creating a crime. He explained that in Alaska statutes under Unlawful Acts and Practices, the Attorney General, on the state's behalf, can request a restraining order. Violation of the restraining order could lead to a civil penalty not to exceed $5,000 per violation. He suggested that in most cases a letter would be sent from the Attorney General to the violator requesting they stop using the title. PENNY GOODSTEIN, member of the Midnight Sun Section of the AIHA, reiterated that this is a public health issue. Misrepresentation of the title could cost industry and harm workers. She pointed out that industrial hygienists deal with asbestos and hazardous waste disposal which have public health implications. She expressed the need to stop the misuse of the term because it denotes a certain amount of knowledge. CHAIRMAN GREEN asked if anyone could give an example of substantial loss sustained from misrepresentation of the title. PENNY GOODSTEIN recounted a case in which an individual had instructed employees to wear the incorrect respirator on a hazardous waste site. This could have been a harmful situation. SENATOR MILLER moved that SB 58 be moved out of committee with individual recommendations. Without objection, it was so ordered. SHES - 2/15/95 SB 62 BIRTH CERTIFICATES FOR CERTAIN ADOPTEES Number 325 CHAIRMAN GREEN introduced SB 62 as the next order of business before the committee. RACHEL SNIGAROFF, staff to Senator Green, explained that SB 62 changes the law to allow foreign born adopted children to receive an Alaskan birth certificate after the age of 18. Vital Statistics and Immigration do not foresee any problem with SB 62. LARRY DEVILBISS, representing the family that requested the legislation, expressed appreciation for this legislation. He noted that the family had been working for such legislation for more than 20 years. SB 62 would help numerous families in Alaska. He explained that his adopted brother, Brian, has been unable to get a birth certificate which also means that he is unable to obtain a passport. This has posed problems for him in his job as a commercial trucker who frequently crosses into Canada. MAXINE DEVILBISS, mother of an adopted child, appreciated the legislation. She recounted her story with her adopted son. In response to Chairman Green, Ms. DeVilbiss said that her son was adopted in Korea in 1963 and was adopted in Alaska in 1964. SENATOR MILLER moved that SB 62 be moved out of committee with individual recommendations. Without objection, it was so ordered. SHES - 2/15/95 SB 68 FOOD BANKS;MEAT & SEAFOOD PROCESSORS Number 393 CHAIRMAN GREEN introduced SB 68 as the next order of business before the committee. SENATOR LEMAN, Prime Sponsor, said that he had originally introduced SB 68 at the request of the Food Bank of Alaska, however, other food processors have expressed interest in the legislation. He explained that state law does not coincide with the recent passage of the Good Samaritan Food Donation Act at the federal level. SB 68 would afford meat and seafood processors the same level of protection against simple negligence as other food donors. He expressed hope that this legislation would encourage food processors to donate excess food to the needy. JACK DOYLE, Executive Director of the Food Bank of Alaska, urged the adoption of proposed amendments in order to address inequities. He pointed out that there are tax advantages to manufacturers and donors of food and household products; they recover production costs and a portion of the intended mark up. Currently, Alaskan meat and seafood processors, who could be tremendous food donors, are excluded. He noted that the protection of SB 68 would not apply if food was donated knowing that it was unfit for consumption. He requested that page 2 of a proposed amendment be reworded in order to further protect the food bank as the middleman. SENATOR LEMAN clarified that the change of language Mr. Doyle referred to would allow the recovery of a small amount of the cost of distribution. JACK DOYLE explained that the food bank incurs a lot of overhead since they store the food until the agencies can distribute it. SENATOR LEMAN noted that the food would ultimately have to be freely distributed to needy persons, but the organizations may incur a small fee. Number 473 TOM MEARS, Executive Director of Cook Inlet Aqua Culture Association, informed the committee of an organization known as Earth, a food bank, distributing unprocessed salmon in the Anchorage area. The Cook Inlet Aqua Culture Association contributed in the first year, but not since. He explained that the problem seemed to be a conflict between alturistic tendencies and minimization of corporate exposure; the association is afraid to participate in food distribution. He expressed the need to have the amendment which would solve the liability concerns for corporations and associations. Mr. Mears pointed out that most of the fish to be given away have been held for several weeks in order that they mature; the hatchery uses the eggs and milk for spawning purposes. He addressed a letter received in March of 1990 from the State Department of Environmental Conservation which indicated that fish that have been stripped of their roe and milk may be unfit for human consumption. If the government determines that these fish are fit for free distribution, then the association should not be held liable for participating. The amendment would attempt to accomplish that. SENATOR LEMAN asked if Mr. Mears had a copy of an amendment that originated in the House. TOM MEARS said he did have a copy of the amendment and suggested that "roe strip" be removed from the proposed new Section C and only specify salmon. This would clean up the language. SENATOR LEMAN asked if there were any Alaskan hatcheries that could donate anything beside salmon. TOM MEARS said not to his knowledge. RAY GILLESPIE, represents the four non-profit regional Aqua Culture Associations, urged the adoption of the amendment. Number 548 SENATOR LEMAN moved to adopt Amendment 1. SENATOR MILLER objected for purposes of discussion. SENATOR ELLIS inquired as to the level of liability that SB 68 would give immunity. SENATOR LEMAN specified that it would be a release of liability for simple negligence. SENATOR MILLER asked if others in the list would fall under the same level of immunity. SENATOR LEMAN explained that it is the same level of immunity and the amendment would clarify the confusion regarding fish processing, such as stripping roe in a hatchery. SENATOR MILLER removed his objection. Without objection, Amendment 1 was adopted. SENATOR LEMAN moved that CSSB 68(HES) be moved out of committee with individual recommendations. Without objection, it was so ordered. TAPE 95-5, SIDE B SHES - 2/15/95 SB 59 REGULATIONS FOR STUDENT LOANS Number 579 CHAIRMAN GREEN held SB 59 over until the next meeting. CHAIRMAN GREEN announced that Friday's meeting was cancelled. She reminded everyone that there would be a statewide teleconference on SB 70 on Saturday, February 18th. There being no further business before the committee, the meeting adjourned at 9:55a.m.