Legislature(1999 - 2000)
02/02/2000 01:35 PM Senate HES
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SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
Work Session
February 2, 2000
1:35 p.m.
MEMBERS PRESENT
Senator Gary Wilken
Senator Kim Elton
MEMBERS ABSENT
Senator Mike Miller, Chairman
Senator Pete Kelly, Vice-Chairman
Senator Drue Pearce
COMMITTEE CALENDAR
SENATE BILL NO. 204
"An Act extending the termination date of the Alaska Commission on
Aging; and providing for an effective date."
-HEARD AND HELD
CS FOR HOUSE BILL NO. 85(FIN) am
"An Act relating to licensure and professional discipline of
members of the teaching profession and providing for related
penalties; relating to grounds for dismissal of a teacher; relating
to the Professional Teaching Practices Commission; relating to
limited immunity for procedures under the Educator Ethics Act;
making conforming amendments; and providing for an effective date."
-HEARD AND HELD
Presentation by the State Independent Living Council (SILC)
PREVIOUS SENATE COMMITTEE ACTION
SB 204 - No previous committee action.
HB 85 - No previous committee action.
WITNESS REGISTER
Margaret Evans
1615 Birchwood St.
Anchorage, AK 99508
POSITION STATEMENT: Discussed SILC's PSA program
Linda Bjorge
P.O. Box 756
Wrangell, AK 99925
POSITION STATEMENT: Commented on Assisted Living Home Rates
Jerie Best
P.O. Box 426
Soldotna, AK 99669
POSITION STATEMENT: Discussed Transportation Needs of the Disabled
Patrick Reinhart
Director, State Independent Living Council
1016 W. 6th Ave. #205
Anchorage, AK 99501
POSITION STATEMENT: Presented John Woodward, SILC Chairman
David Jacobson
Executive Director of the State Independent Living Council
4214 Mathison Court
Fairbanks, AK
POSITION STATEMENT: Discussed Housing Needs of the Disabled
Ruth L'Hommedieu
3282 Adams Drive
Fairbanks, AK
POSITION STATEMENT: Discussed Employment Needs of the Disabled
Sanna Green, Executive Director
Professional Teachers Practices Commission
344 3rd St. #127
Anchorage, AK 99508
POSITION STATEMENT: Presented HB 85
Jane Demmert
Executive Director, Older Alaskans Commission
PO Box 110209
Juneau, AK 99811-0209
POSITION STATEMENT: Presented SB 204
Beth Lape, Special Assistant
Department of Education
801 W 10th St. Ste 200
Juneau, AK 99801-1894
POSITION STATEMENT: Supports SB 204
ACTION NARRATIVE
TAPE 00-03, SIDE A
Number 001
SENATOR WILKEN called the the work session of the Senate Health,
Education and Social Services (HESS) Committee to order at 1:35
p.m. Senator Wilken announced that Chairman Miller was ill,
Senator Pearce was on business in Washington, D.C., and Senator
Pete Kelly was on business in McGrath. The first order of business
to come before the committee was a presentation by the State
Independent Living Council.
MR. PATRICK REINHART, Director of the State Independent Living
Council (SILC), noted that John Woodward would begin the
presentation. MR. REINHART informed committee members that copies
of the SILC annual report were provided to the committee.
Number 248
MR. JOHN WOODWARD, Chairman of SILC, stated that SILC is a
governor-appointed group of people with disabilities. Mr. Woodward
said the State is heading in the right direction regarding
independent living services for Alaskans with disabilities which is
apparent in SILC's annual report. The amount invested in
independent living services by the Legislature last year was the
largest ever and that investment has paid big dividends. SILC's
five centers for independent living helped 18 Alaskans leave
institutional care and begin a life in a community of their choice.
SILC helped another 165 individuals receive services that prevented
them from having to enter a nursing home or hospital. Most of
these clients are on Medicaid therefore SILC's services saved the
State more than $13 million.
Number 428
MS. RUTH L'HOMMEDIEU, liaison to the Governor for SILC, said
employment issues among disabled people is her main focus.
President Clinton recently signed into law the "Ticket to Work and
Work Incentive Improvement Act of 1999," a law that will go a long
way to remove outdated Medicaid and Medicare coverage rules that
created barriers for people with disabilities who want to work.
The Act allows individuals on Medicaid to buy into the program when
they are employed so that they will not lose their Medicaid health
coverage. As a result, SILC anticipates more Medicaid dollars
coming into Alaska which will allow the State to expand its
Medicaid program. Alaska was one of the first states to pass
legislation allowing for the Medicaid buy-in; it has been
acknowledged as a forerunner in this area. Approximately 70
percent of disabled Alaskans are unemployed. People with
disabilities want the opportunity to find a job and live
independently in their own communities. Ms. L'Hommedieu personally
thanked Senator Elton for intervening on behalf of a Juneau client
with a kidney dialysis need.
MR. DAVID JACOBSON, Executive Director of Access Alaska, reported
that SILC's mission is to help persons with disabilities live and
work in the community of their choice - one activity that makes
that goal possible is making homes accessible. People with
disabilities typically do not have the financial resources
available to make necessary modifications. Access Alaska helps to
make those homes accessible throughout the State. Last year over
340 homes were made accessible for persons with disabilities to
enable people to live safely, comfortably and independently. Mr.
Jacobson asked the committee to continue to support those types of
services. The Alaska Housing Finance Corporation (AHFC) has
requested $250,000 for a special needs program to help make homes
accessible for people with disabilities. SILC actively seeks
multiple funding resources; it works in partnership with many
different programs to help find funding and equipment.
SENATOR WILKEN asked if Access Alaska gets State money through AHFC
and federal money as a match or a grant.
MR. JACOBSON said that the federal dollars go directly to a broad
array of services targeted at independent living services. AHFC
funds are used for specialized housing needs.
SENATOR WILKEN asked if the $250,000 is an ongoing appropriation.
MR. JACOBSON said the amount was larger in the previous year. He
added, "They did get a match with the Mental Health Trust, so it is
that match that the $250,000 AHFC plus about $150,000 from the
Trust, so they are combined."
SENATOR ELTON asked if AHFC money can be used for people who
already own homes not financed by AHFC.
MR. JACOBSON said that is correct, it is for anyone who has the
need for home modifications.
Number 995
MS. LINDA BJORGE, a board member of SILC from Wrangell, informed
committee members she is a licensed practical nurse. She currently
runs an assisted living home in Wrangell. When she opened her
assisted living home, there were not a lot of programs or funds
available, now AHFC offers loans for assisted living homes. She
asked committee members to support Senator Miller's bill that
increases the rate paid by the state for clients at assisted living
homes from $37.50 to $75 per day. Disabled people are better off
staying within their own communities, to be near family and
friends, but at $37.50 per day, most family members cannot afford
to stay home to care for a relative with a disability.
SENATOR WILKEN said one thing that became evident from testimony
heard by members of the Long Term Care Task Force was that people
need to remain in some sort of home base whenever possible, which
is the intention of Senator Miller's bill.
SENATOR ELTON commended Senators Wilken and Miller for being
instrumental on addressing some of the issues discussed today.
MS. BJORGE stated that ideally, the ability of people to stay in
their homes should not change because of a disability.
Number 1224
MS. MARGARET EVANS, a resident of Fairbanks, informed committee
members that she uses personal assistance services on a daily basis
and that, without that service, she would be unable to complete
daily tasks, work, and attend school. SILC is creating a new self
directed care model for the Personal Care Attendants Program. The
new model will enable the clients who use personal care attendants
to direct their own care by hiring and firing their own personal
care attendants. SILC is also trying to get more personal care
attendants involved in the program and to get salary increases for
longevity in the program. The program is funded by Medicaid. She
asked for legislators' continued support of the Medicaid program.
A website, named PCA.infoinsights.com, contains more information
about that program.
SENATOR WILKEN asked if the self-directed PCA program is funded
with a federal grant from Senator Stevens, and whether that program
will be available throughout the state in a few years.
MS. EVANS said SILC hopes to get the program up and running later
this year.
SENATOR WILKEN noted the career ladder for PCAs is limited at this
time. He has been working with the University of Alaska to provide
PCAs with a stepped RN program that will take two or four years.
In addition, the Alaska Vocational Technical Center (AVTEC) is very
interested in offering a two year program for PCA's.
Number 1418
MS. JERIE BEST introduced SILC's new board member, Peter McDowell.
MS. BEST informed committee members she focuses on transportation
issues for SILC. Funding for capital expenses, such as buying vans
and equipment, is surprisingly easy to find. SILC has received
money from the Department of Agriculture, the Department of
Transportation, and the Alaska Mental Health Trust Authority
(AMHTA), so purchasing equipment to transport people is fairly
easy. Finding funding for operations is not easy. Existing
transit systems cannot buy fuel, pay drivers or buy tires.
Kodiak's transit system recently shut down, and Mat-Su's is
currently in a holding pattern. New transit systems need time to
establish a large enough clientele to operate on their own. Lack
of transportation is a big issue for people with disabilities who
are trying to live independently. SILC coordinates and pairs its
transit systems with those used by senior citizens.
MS. BEST asked that highway funds be earmarked for transit systems,
especially for the smaller, rural areas. Fairbanks, Anchorage, and
Juneau can get federal funds because of their sizes. She also
suggested using one percent of the proposed fuel tax for SILC's
transit system. The opportunity to buy bulk fuel and other items,
such as tires or insurance, by coordinating with state or municipal
agencies, would reduce operating costs.
The Native villages' priorities need to be dealt with and they need
help making appropriate choices when purchasing community vehicles.
For example, a village may choose to buy an ambulance as the
community vehicle but ambulances only carry a driver, passenger,
and patient, and they are too high off of the ground for elderly
people to get into.
MS. BEST explained that SILC gets "5311" federal money for areas
with large populations and for communities that are close to each
other. That program works for communities like Kenai and Soldotna,
but it does not work for the Mat-Su Valley because transit between
Wasilla and Palmer is too far and operational costs are too high.
SENATOR WILKEN asked if, when federal money is granted, a slice
automatically goes toward disabled transportation.
MS. BEST replied that federal requirements mandate that any city
that gets federal funds for a transit system must make that system
accessible to the disabled.
SENATOR WILKEN asked how a system is judged to be accessible.
MS. BEST replied the system must be accessible to wheelchair users.
In addition, specific federal regulations require that additional
service be provided outside of the transportation corridor in
certain instances. The service must be equal and the fare for
disabled riders cannot be higher than the regular fare. Anyone who
has an I.D. card for the disabled transit system can ride anywhere
within the United States; that benefit is very popular.
SENATOR WILKEN thanked the participants and announced the next
order of business to come before the committee was SB 204.
SB 204-EXTEND ALASKA COMMISSION ON AGING
MS. JANE DEMMERT, Executive Director of the Older Alaskans
Commission (OAC), said the OAC is very involved in bringing
together the interests of many organizations that represent seniors
across the State. The State demographer recently projected a
population of 80,000 elderly people within the next 15-18 years in
Alaska.
Over 180 communities in Alaska are affected by the funding given to
local non-profit organizations by OAC that provide direct services
to older Alaskans. OAC programs are available to all people age 60
and over, with the exception of the Senior Employment Program which
is available to people aged 55 and older. OAC administers four
grant programs.
OAC will be working with organizations to provide community support
in whatever area is necessary. The only increase in funding that
OAC has received over the past few years is through the Alaska
Mental Health Trust Authority (AMHTA). State agencies have
coordinated services to meet the needs of both seniors and people
of all ages who are disabled, transportation being a prime example.
OAC works in partnership with the AMHTA and AHFC to meet the
transportation and housing needs of seniors and disabled people.
Anything legislators can do to help AHFC maintain its capacity to
meet seniors' needs in a consistent manner is very important to
prevent a crisis 15 years from now.
MS. DEMMERT commented that the Long Term Care Task Force has been
very instrumental in moving forward much needed legislation, and it
has also provided an opportunity for agencies to come together and
see how many issues are integrated. She thanked task force members
for their efforts and noted that people were most appreciative at
the Common Ground Conference.
MS. DEMMERT said she provided an update to the committee on the
work the OAC has done since last session in regard to the long-term
care ombudsman position. The OAC has restructured its by-laws and
its committees to accommodate the steps necessary to enable the
ombudsman function to be robustly supported within the OAC. The
OAC is about to begin recruitment for a new long term care
ombudsman. Ms. Demmert thanked the Legislature for all the support
it has given to the OAC.
Number 2316
SENATOR WILKEN noted that one recommendation in the Legislative
Budget and Audit (LBA) report is to separate the long term care
ombudsman position from the Department of Administration. He asked
if that is being done.
MS. DEMMERT said that as the OAC went through this process, it
drew material from four entities that fit the criteria: the Alaska
Legal Services and the Disability Law Center, and the State
ombudsman's office and the AMTHA. The OAC concluded that the long
term care ombudsman position should be retained within a State
agency. The OAC felt that having the ombudsman function in a legal
setting would not be as conducive to the progress that needs to be
made, and that placing it within government would have more impact
than placing it in a non-profit setting.
The OAC had extensive discussions with the state ombudsman and the
AMHTA. The state ombudsman did a review of options and concluded
that key points of divergence between the state ombudsman and long
term care ombudsman offices would make those offices incompatible
and that combining the two would not be beneficial to either
function. The AMHTA remains interested, but it is premature for
them to make a decision. AMHTA is promulgating regulations to
create a redress mechanism for beneficiaries of the trust. AMHTA
has acknowledged that the work of the trust and the work of the
long term care ombudsman are quite compatible so it is open to
discussion about a future relationship. Two representatives of the
AMHTA have agreed to be on the search committee for the long term
care ombudsman. A new OAC standing committee will have oversight
of that position and the committee will report to the full OAC.
SENATOR WILKEN asked if the committee will establish the "arms-
length" relationship that LBA thought was missing.
MS. DEMMERT replied that is correct.
SENATOR WILKEN asked about the other LBA recommendations.
MS. DEMMERT said some of the accounting recommendations were
addressed when OAC made new grant awards. The new awards provide
for some of the notification that had been omitted in the past.
Second, OAC sped up its process of notifying grantees of the
proportion or amount of grantee funds that are federal so that they
will be notified on a timely basis if they come under federal audit
requirements. A third recommendation regarding a cost allocation
plan issue is in the process of being finalized by OAC.
Number 2245
SENATOR WILKEN noted the LBA recommended that the OAC be extended
to 2004. He also noted the committee is awaiting a fiscal note.
MS. DEMMERT affirmed that the fiscal note was delivered.
SENATOR ELTON thanked Ms. Demmert for her discussion about the long
term care ombudsman, and pointed out that one can make an argument
that the long term care ombudsman is an advocate as well as an
ombudsman so it differs from the state ombudsman.
SENATOR WILKEN asked whether anyone is opposed to the extension of
the OAC.
MS. DEMMERT said she is not aware of any opposition.
MARIE DARLIN, representing the Capital City Task Force of AARP,
made the following comments. AARP supports the extension of the
OAC because it is vital to the concerns of AARP members. AARP will
be watching long term care issues this year, particularly the
assisted living home issue.
There being no further testimony on SB 204, SENATOR WILKEN
announced it will be held until the next meeting.
HB 85-TEACHERS'LICENSES, DISCIPLINE & ETHICS
SANNA GREEN, Executive Director of the Professional Teaching
Practices Commission (PTPC), explained that the PTPC is an ethics
board whose major function is discipline. HB 85 pulls many
provisions related to ethics and licensing into one section of
statute. Very few changes have been made to the licensure
provisions. One proposed change is replacing the word
"certificate" with "license" to follow a national trend. A license
indicates a level-entry qualification while the word "certificate"
is used to denote a higher level of recognition. This name change
makes no changes to the licensing qualifications.
SENATOR WILKEN asked if the PTPC will require teacher's licenses
rather than certificates.
MS. GREEN said that is correct.
SENATOR WILKEN asked how other states compare.
MS. GREEN was not sure of the number, but repeated it is a national
trend.
Number 2039
SENATOR WILKEN asked the reason for the change.
MS. GREEN stated that a license is generally recognized as an entry
level credential while a certificate is recognized as requiring a
more stringent process. She noted that most states that attended
the Western States conference are changing the word to "license."
SENATOR WILKEN asked if the fact that Alaska gives a teacher's exam
has anything to do with the name change.
MS. GREEN said it does not.
SENATOR WILKEN pointed out that a criminal history background check
has been added to page 1, line 13.
MS. GREEN replied the background check is not being added, it is
already required. Many of the provisions related to teaching
practices are being incorporated into one place in the statutes.
SENATOR ELTON indicated that he is waiting for a response from the
Department of Education regarding the ability to waive licensure,
a matter he has discussed with Ms. Green.
MS. GREEN noted that PTPA's main concern is the safety of children
in classrooms and, because schools are a victim-rich environment,
PTPA must continually be on the alert for sexual abuse by
educators. Alaska must be cognizant of the fact that it is viewed
as quite remote but it has effective ways to deal with the problem.
A national network has been created; that network registers
educators who have been disciplined. Those records can be checked
when teachers apply for positions in Alaska, however not all states
report. She fears that offenders from states that do not
participate in the registry look to Alaska as the farthest place
they can go where their reputations will not follow them. She
repeated that PTPC has been very careful in that regard.
MS. GREEN referred to the sponsor statement and reviewed the new
provisions contained in HB 85. First, a new section includes a
compilation of the grounds for denial of application. The PTPC
currently recommends application denials to the certification
office in the Department of Education (DOE) but the reasons for
denial are not contained in statute. Second, the bill allows
reciprocal discipline of an educator who was disciplined in another
jurisdiction. At present, if another state has revoked a license
from a teacher who is also licensed in Alaska, Alaska must hold a
due process hearing before it can revoke the license.
SENATOR ELTON questioned how many teachers have licenses in
multiple states.
MS. GREEN said many. She noted that Alaska has about 8,000
teachers in the State but it has jurisdiction over 25,000
certificates. She pointed out that two teachers with Alaska
teaching certificates had their licenses revoked by the State of
Florida after which the PTPC revoked the Alaska licenses.
MS. GREEN explained that the bill expands the waiting period for
license reinstatement from one year to five years.
SENATOR WILKEN asked how that compares to the rest of the nation.
MS. GREEN replied that some states can revoke a license for life,
Alaska cannot. She said five years is average.
SENATOR WILKEN asked how the phrase, "resided out of state" on page
2, line 23, is defined.
MS. GREEN explained that a teacher does not have to apply for a
renewal unless that teacher's license has expired, regardless of
whether the teacher is residing in state or not. A renewal
application will require a criminal history check and applies when
a teacher has not been residing in Alaska and requests a renewal.
Alaska will have no record of what that teacher has been doing
while residing out-of-state.
SENATOR ELTON asked what the PTPC currently does when a person
applies for reinstatement after one year of being disciplined.
MS. GREEN said the PTPC reviews the entire record and any material
presented by the applicant.
SENATOR ELTON asked if a small community was comfortable rehiring
a teacher who was disciplined after one year whether the new
provision would prevent the community from doing so.
MS. GREEN said that is correct but added that licenses are not
revoked unless the offense is very serious.
MS. GREEN continued to explain the new provisions in HB 85. A
misrepresentation of a material fact on an employment application
can be considered as a ground for discipline. Currently, the PTPC
can only consider that as a ground for discipline if the
misrepresentation is made on the certification application, not on
applications for employment with school districts. Such an
offense would not result in license revocation. In addition, HB 85
allows PTPC to put conditions on a teaching license. PTPC has
taken that liberty already but the Department of Law advised that
authorizing language be put in statute.
The next provision gives the PTPC the authority to impose civil
fines against teachers who are regulated by state law but do not
hold licenses. That group includes teachers in higher education,
private school educators, unlicensed administrators, and others.
Although that group falls under the jurisdiction of the PTPC, the
PTPC has no way to discipline that group.
SENATOR ELTON asked what kind of authority the PTPC exercises over
private school educators and why some administrators do not have to
be licensed.
MS. GREEN said most administrators do have to be licensed, but
legislation has been proposed that would allow superintendents to
be unlicensed. She noted some personnel directors are not licensed
teachers. Most private school educators have certificates but some
do not. Most private school contracts require those educators to
obey the code of ethics which falls under the jurisdiction of PTPC.
SENATOR ELTON asked if the PTPC only has jurisdiction over those
educators who have signed contracts that refer to the code of
ethics.
MS. GREEN said that is correct and, as far as she knows, the PTPC
has no jurisdiction if the contract does not mention the code.
SENATOR ELTON asked if the PTPC gets a fee from private schools for
doing that kind of work.
MS. GREEN said it does not get a fee.
MS. GREEN indicated the next new provision would preclude a person,
whose license is suspended or revoked from employment as a member
of the teaching profession, even if the position does not require
a license. She explained that PTPC had a case against a
superintendent at Adak for gross fiscal mismanagement. PTPC's only
jurisdiction was over the superintendent's certificate, which it
revoked. The superintendent was then hired at Chevak as an
uncertificated, paid consultant. After rigorous objection, the
district backed down because, under those circumstances, a
certificate would have had no meaning. This provision does not
allow a person to be reemployed as an educator immediately after
his license has been revoked.
SENATOR ELTON asked if this provision would give the PTPC the
authority to prevent a school district from hiring a teacher with
a revoked license as a lobbyist.
MS. GREEN said she was not sure how far that provision would
extend, but the intent was to prevent the teacher from working in
the central office as a consultant.
SENATOR ELTON expressed concern that, by extending PTPC's authority
to preclude employment by contract, PTPC is setting up two classes
because a person whose license was revoked in another state would
not be precluded from taking that job. He expressed interest in
continuing the dialog on how far PTPC's authorities extend over
contract employees at another time.
MS. GREEN agreed to discuss that question with the Department of
Law and expressed concern that the PTPC does not want to hamstring
villages from hiring for the services they need.
SENATOR ELTON pointed out he believes a school district would be
foolish to hire a person whose license was revoked but he does not
want to create a two class system.
MS. GREEN added that licenses are revoked in very severe cases
only. For other cases, licenses are suspended or conditions are
applied.
SENATOR WILKEN asked Ms. Green to respond to Senator Elton's
concern when the bill is scheduled for another hearing.
MS. GREEN explained that a provision was included to protect the
confidentiality of minors and of investigatory files. Although
initials are used to protect confidentiality, initials are
recognizable in smaller villages therefore a different notation
needs to be used. PTPC does not share any information from its
files from cases in which the charges were not proven or found to
be frivolous, to prevent a person's reputation from being ruined.
SENATOR ELTON asked whether an investigatory file is considered an
open file once the PTPC has decided to revoke a license.
MS. GREEN replied that only evidence which the PTPC provides at the
hearing.
SENATOR ELTON asked if only that information used to make the
decision is available.
MS. GREEN said yes and noted that hearings are public so that
information would be available at the hearing.
The last new provision allows immunity from liability for persons
who participate in good faith in investigations and proceedings of
the PTPC.
MS. GREEN noted the PTPC would like to change its name to the
Educator Ethics Commission which clarifies the Commission's
mission. In law, her position is referred to as "executive
secretary." She has adopted the title of "executive director."
She asked that the title be changed in statute.
Number 785
SENATOR WILKEN asked whether the entire Commission supports HB 85.
MS. GREEN said yes and that members went through the legislation
line-by-line.
SENATOR WILKEN asked about the Department of Education's position.
BETH LAPE, Special Assistant, Department of Education, stated that
DOE supports the legislation.
MS. GREEN clarified that she and her assistant attorney general
instigated this legislation.
There being no further business to come before the committee,
SENATOR WILKEN adjourned the meeting at 3:04 p.m.
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