Legislature(1993 - 1994)
02/24/1994 02:20 PM Senate L&C
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE LABOR AND COMMERCE COMMITTEE
February 24, 1994
2:20 p.m.
MEMBERS PRESENT
Senator Tim Kelly, Chairman
Senator Steve Rieger, Vice-Chairman
Senator Bert Sharp
Senator Georgianna Lincoln
Senator Judy Salo
MEMBERS ABSENT
NONE
COMMITTEE CALENDAR
SENATE BILL NO. 266
"An Act extending the termination date of the Board of Certified
Direct-Entry Midwives; relating to the scope of practice of
certified direct-entry midwives; and providing for an effective
date."
SENATE BILL NO. 213
"An Act extending the Alaska Public Utilities Commission and the
regulatory cost charge."
PREVIOUS SENATE COMMITTEE ACTION
SB 266 - NO PREVIOUS ACTION.
SB 213 - See Labor & Commerce minutes dated 9/28/93 and
2/8/94.
WITNESS REGISTER
Annette Krietzer, Aide
Senator Loren Leman
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 266.
Wendy Thon
Alaska Nurses Association
237 E. 3rd Avenue, #3
Anchorage, Alaska 99501-2523
POSITION STATEMENT: Opposed SB 266.
Pam Weaver, Member
Board of Certified Direct-Entry Midwife
OFFNET - 907-373-3420
Wasilla, Alaska 99687
POSITION STATEMENT: Supports SB 266.
Kaye Kanne, Chairperson
Board of Certified Direct-Entry Midwife
P.O. Box 200
Talkeetna, Alaska 99676
POSITION STATEMENT: Supports SB 266.
Don Schroer, Chairman
Alaska Public Utilities Commission
1016 W. 6th, Suite 400
Anchorage, Alaska 99501-1963
POSITION STATEMENT: Testified on SB 213.
David Hutchens, Director
Alaska Rural Electric Cooperative Association
703 West Tudor Road, Suite 200
Anchorage, Alaska 99507
POSITION STATEMENT: Testified on SB 213.
Randy Welker, CPA
Legislative Auditor
Legislative Budget & Audit Committee
P.O. Box 113300
Juneau, Alaska 99811-3300
POSITION STATEMENT: Testified on SB 213.
ACTION NARRATIVE
TAPE 94-11, SIDE A
Number 001
CHAIRMAN TIM KELLY called the Labor and Commerce Committee meeting g
to order at 2:20 p.m.
SENATOR KELLY introduced SB 266 (DIRECT-ENTRY MIDWIVES/BOARD &
PRACTICES) sponsored by SENATOR LOREN LEMAN, and invited ANNETTE
KRIETZER, Aide to SENATOR LEMAN. to testify.
MS. KRIETZER gave a brief review of the six sections in a Sectional
Analysis, and she began by explaining SB 266 would extend the
termination date of the Board of Certified Direct-Entry Midwives,
define the scope of practice of certified direct-entry midwives,
and provide for an effective date.
MS. KRIETZER directed the attention of the committee to a report
prepared by RANDY WELKER, CPA, for the Legislative Budget and Audit
Committee. She quoted SENATOR LEMAN as being encouraged by the
professionalism of the allied health professionals such as physical
therapists, nurse practioners, physician Assistants, and others who
have called SENATOR LEMAN'S office, fearful they were being kept
out of the health care reform debate by physicians.
MS. KRIETZER reviewed the letters in the bill packet, some in
opposition and others in support of the bill, including a letter
from GOVERNOR WALTER HICKEL.
MS. KRIETZER explained she has drawn on her experience as a health
policy maker in the Aleutians East Borough, and as the health
director from her former community in the Aleutians, which involved
hiring mid-level practioners for their clinic and emergency medical
services, for her experise. She described how overlapping client
populations can produce friction among health providers.
Number 060
MS. KRIETZER focused on possible reservations about SB 266, which
she determined had to do with putting into regulation the list of
women, for whom a midwife may not knowingly assist in delivery.
She directed attention to the statutes and reviewed the list in the
bill packet dealing with the serious conditions that would preclude
the assistance of a midwife.
MS. KRIETZER defined the difference in practice by physicians
assistants, EMTs, and nurses, all who practice under the liability
protection of a physician, but she said advanced nurse practioners
and midwives do not. She discussed the problems for the midwives
in being solely liable for their work.
SENATOR KELLY thanked MS. KRIETZER, and called on WENDY THON, on
teleconference from Anchorage.
Number 103
MS. THON identified herself as being on the Legislative Committee
for the Alaska Nurses Association, and testified to some opposition
to SB 266. She explained the nurses association does support the
extension of the Direct-Entry Midwife Board until 1998. However,
they had reservations concerning the scope of practice issues in
Section 2, paragraph (6).
MS. THON explained all professional groups are defined in statute,
but the definition of direct-entry midwives does not indicate they
see a certain subset or narrow group of population such as low risk
pregnant women. She further explained the definition was lacking
in statute without the specific language in AS 08.65.140 (a-f) as
repealed in Section 4 of the bill.
SENATOR KELLY turned the teleconference network to Wasilla to hear
from PAM WEAVER, a member of the Board of Certified Direct-Entry
Midwife.
MS. WEAVER spoke to the comments from MS. THON and thought there
could be an agreeable solution. She wanted the legislation to move
forward.
In Juneau, SENATOR KELLY invited KAYE KANNE, Chair of the Board of
Certified Direct-Entry Midwife from Talkeetna, to testify.
MS. KANNE testified in support of SB 266, the extension of the
board, and moving the laundry list from the statute to regulation,
where she thought it belongs - technically.
Number 151
MS. KANNE explained the board has written thirty seven pages of
regulations and licensed 20 midwives. She referred to the high
risk list conditions in statute, which she said needs to be in
regulation where the board can update it from year to year. She
explained the list, which changes, was put in statute in 1985 when
there was no board established. She further explained, although it
was updated in 1992, the board was not yet in place and regulations
hadn't been written yet. She thought updating was an important
reason to put the list in regulation.
MS. KANNE said the Legislature approved the creation of the Board
of Certified Direct-Entry Midwife to regulate the practice of
midwifery in Alaska, but midwives do not want to take on the
liability of delivering high risk babies and have no intention of
changing the list or deleting anything from it. She thought there
might be additions in the future.
SENATOR KELLY asked if that's the case, why does the board want to
take it out of statute, and MS. KANNE answered that they might want
to add to the list. She used an entry dealing with 42 weeks post
dates, to explain the changes that have made in the medical
guidelines.
SENATOR KELLY suggested she was giving conflicting testimony on
changing the list. MS. KANNE clarified they had no intention of
making the list more lenient, and high risk deliveries would not be
allowed.
SENATOR KELLY asked for clarification on what was requested in
Section 4, and MS. KANNE explained it was the statute on page 6 (d)
of the booklet.
Number 200
MS. KANNE explained, in researching other professional definitions,
no other professional group had a laundry list of things they
cannot do. SENATOR KELLY countered by saying there was a list for
optometrists as opposed to ophthalmologists which don't.
SENATOR RIEGER thought there was good policy in pushing as much
practice as possible to primary care providers, but was concerned
about the implications of the legislation in relation to proposed
statutes. He wanted to see a list of what was being proposed
before repealing current law.
MS. KANNE explained why the list needed to be placed in regulation,
but thought the regulations would be returned to the legislature
for confirmation.
MS. KRIETZER clarified the regulation process was a public process
and allows for public comment, where concerns are raised.
Number 245
SENATOR KELLY reminded MS. KRIETZER the bureaucracy enacts
regulations all the time that people don't want, and he explained
how the board could change the regulations.
MS. KANNE said they have a certified nurse-midwife and an OB-GYN on
the Board of Certified Direct-Entry Midwives as well as two direct-
entry midwives and a public member. She explained it has been an
agreeable membership, and everyone wanted to see the safe practice
of midwives. She referred to the regulations the board has written
and said they were strict. SENATOR KELLY said he didn't see the
necessity for change and asked MS. KRIETZER for her answer.
MS. KRIETZER explained the changes would make it more accessible
for a board through the public process to keep up with changes in
medical standards, and she explained possible changes in standard
of care.
SENATOR LINCOLN admitted to being confused on the changes, and she
quizzed MS. KANNE on the reasons for the changes. She asked if
there was anything on the list that should not be in statute, and
MS. KANNE repeated her contention about updating the list. She
referred to the 1992 changes, when the board met with the nurses
association, and she reviewed the additions to the list at that
time.
Number 297
SENATOR LINCOLN asked if it was difficult to get the changes, and
MS. KANNE reviewed the 1992 changes that set up the board. SENATOR
LINCOLN asked if there was anything on the list now that needed to
be changed, and MS. KANNE said there wasn't, but she knew the
guidelines change each year.
SENATOR LINCOLN assured MS. KANNE the legislature has always
complied to the wishes of the midwives, and she didn't think it was
difficult to get a statute changed.
MS. KANNE said the midwife association cannot afford a lobbyist,
and since she lives in Talkeetna, it is difficult and expensive to
come to Juneau. SENATOR LINCOLN said she has 93 communities who
are in her same shoes, but she thought the prevailing mechanism was
the one for the legislature to use. She didn't think there should
be a need to hire a lobbyist each time a change in statute is
required, and she suggested the committee hold the bill.
SENATOR KELLY admitted to the same reservations, but had no
opposition to extending the board, and there was agreement among
the members of the committee.
SENATOR KELLY said he would hold the bill and work with SENATOR
LEMAN'S staff for a future meeting for some other arrangement.
SENATOR SHARP said he would want some idea as to what is proposed.
SENATOR KELLY returned SB 213 (ALASKA PUBLIC UTILITIES COMMISSION
EXTENSION AND REGULATORY COST CHARGE) sponsored by the Senate Labor
and Commerce Committee, and announced the committee would be
looking at some potential amendments. SENATOR KELLY proposed to
adopt a working draft from the amendments being proposed and return
with a committee substitute another time.
SENATOR KELLY invited DON SCHROER, Chairman of the Alaska Public
Utilities Commission to make some proposed amendments, and he said
he would like to make some comments.
Number 349
MR. SCHROER said he would review the Proposed Amendments for SB 213
as presented by the committee. He began by noting the words,
liberally construed, which ARECA has asked to have removed from the
statutes, but he reminded the committee the language has been
discussed by the supreme court in HEA v. City of Kenai, which he
reviewed.
MR. SCHROER asked if there has ever been any abuses by the
commission of the public, persons, or a utility in the use of
"liberally construed." He told the committee the commission could
work with any statutes the legislators introduce, but he believed
it would affect the ability of the commission, and he gave a couple
of examples, the first being the problems in the cellular linkup
with Barrow.
SENATOR KELLY suggested the committee take each of the proposed
amendments and discuss them in order.
Amendment #1 - Replace the powers of the commission shall be
liberally construed to accomplish its stated purpose in AS
42.05.141(a)(1) with the powers of the commission shall be those
specifically conferred by the legislature or necessarily implied
from those specific grants of authority.
SENATOR KELLY asked who wanted to speak in favor of Amendment #1,
and DAVID HUTCHENS, Director of the Alaska Rural Electric
Cooperative Association,(ARECA) testified in support of amending
the statute, because he has seen a number of instances where the
commission in the past has broadened its power beyond any
legislative history. He gave examples involving campaign
contributions, lobbying expenses, environmental externality, and
the Healy Clean Coal project.
SENATOR KELLY said he didn't want to spend too much time on each of
the amendments, because today's decisions won't be final until the
committee looks at the proposed committee substitute at another
meeting.
SENATOR SHARP proposed Amendment #1 saying to leave the words in
the bill would allow them to do as they wished, and he suggested it
was a loaded gun.
Number 401
MR. SCHROER explained legislation would be required whenever the
court finds a gap, and he believed the APUC was established because
the legislature did not want to deal with these decisions each
time. Amendment #1 was not adopted on a 2 - 2 vote.
SENATOR KELLY read the second amendment, which was proposed by the
auditor and ARECA and opposed by APUC and ATA.
Amendment #2 - Adjust the allocation of the Regulatory Cost
Charge (RCC) (AS 42.05.253):
MR. SCHROER opposed the amendment to keep the system simple and the
costs down.
RANDY WELKER, the Legislative Auditor, defended the amendment by
explaining there were some basic time keeping systems that could be
implemented at APUC, which would help in the rate setting process
but also provide valuable management information on the work load
and staff management.
SENATOR KELLY proposed Amendment #2 to the committee. There being
no discussion, the amendment was adopted.
Next, SENATOR KELLY proposed Amendments #3 and #4, which were both
adopted.
Amendment #3 - Delete automatic repeal of RCC. (Proposed by
Auditor. Supported by APUC.)
Amendment #4 - To prevent RCC over-collection, amend AS
42.05.253 and 42.06.285 to ensure that over-collection does not
lapse into the general fund, but rather would apply to the
subsequent year thus reducing that year's RCC rate. (Proposed by
APUC. Supported by ARECA.)
SENATOR KELLY proposed Amendment #5 to the committee.
Amendment #5 - Amend AS 42.05.711 to make it easier for
utility consumers to opt in or opt out of economic regulation.
(Proposed by Auditor.)
MR. WELKER, the legislative auditor, explained the limits that were
set awhile back haven't been changed, and it was felt the limits
should be changed to make it easier for consumers to take part in
the election process. He recommended that petition and election
requirement should be modeled after AS 42.05.712.
There was no opposition to Amendment #5, and the following
amendment was adopted with no opposition, also.
Amendment #6 - Stagger the terms of the APUC member's terms.
Commissioners are appointed for a six year term. (Proposed by the
Auditor. Supported by APUC and ARECA.)
SENATOR KELLY proposed Amendment #7 to the committee.
Amendment #7 - Amend the procurement code, AS 42.015.141, to
provide an exemption for the APUC when procuring expert witnesses
for cases. (Proposed by APUC and supported by ATA.)
Number 453
SENATOR SHARP spoke in opposition to Amendment #7, commenting that
when this has been done in the past, it has come back to bite us.
SENATOR KELLY questioned MR. SCHROER as to the restrictions placed
upon him in the procurement code to get expert witnesses. MR.
SCHROER explained it was mainly time consumed by the procedure in
getting the witness, time that was needed by the staff to collect
the information needed for the case before the decision deadline.
SENATOR SHARP said he had never seen a rate case expedited to the
point of not allowing time to hire a consultant, since the hearing
date was usually extended.
SENATOR LINCOLN questioned the actual obligation of the provision,
and she asked if it had been considered by the auditor.
MR. WELKER said it was not an issue raised in the audit process,
and he was not aware of how long it was a concern of the
commission, but he conceded the audit was a bit dated.
SENATOR LINCOLN expressed some concerns, and she asked for more
examination by the auditors before the bill is passed from
committee. She asked if the amendment could be held for another
time.
MR. SCHROER said there was no problem, since it is the way the
commission has been operating, but he explained it would make it
easier to operate. He said that SENATOR SHARP was correct in
asking for extensions, but it delays the process.
SENATOR LINCOLN pressed for an answer to how many times has there
been a delaying factor in procuring expert witnesses, and MR.
SCHROER gave an example of one with the Anchorage Telephone
Utilities.
SENATOR KELLY announced Amendment #7 died for lack of support.
SENATOR KELLY introduced Amendment #8 to the committee and read the
proposal by ATA: "The Alaska Telephone Association asserted that
given the tremendous changes in technology within the telephone
industry, the APUC doesn't have the ability to train their staff on
a timely basis for such specialized knowledge, while waiting on a
list of people to be hired within the State."
Number 502
MR. SCHROER said the subject has not been discussed by the
commission, and he described going through the requirements of
hiring people on the register. He explained it was difficult to
get personnel for technical positions, but the commission has not
formally taken a position on the amendment. He thought someone
from Anchorage might want to testify on the amendment.
SENATOR KELLY checked the Anchorage teleconference, but found only
observers. He brought the debate back to committee.
MR. SCHROER said it was difficult and explained the commission had
gone through three registers before finding someone qualified to
handle the work, and he admitted it was difficult under the present
code, but he stressed they had no official position on the code.
SENATOR KELLY proposed Amendment #8 to committee as an idea worth
exploring.
Amendment #8 - Provide a waiver for the APUC from the state's
hiring practices. (Proposed by ATA.)
SENATOR LINCOLN opposed Amendment #8, saying she found it scary not
to have some kind of a hiring practice. She expressed concerns
that persons in Alaska, or local hire, would not get the first
opportunity and would open the door to possible abuse.
MR. SCHROER suggested there could be reasonable changes in the
hiring practices.
SENATOR KELLY admitted to being swayed by SENATOR LINCOLN'S
comments and asked MR. FINK to get some restrictive language on
Amendment #8. It was agreed the waiver might be for technical
positions. The amendment was held for further action.
Number 552
MR. WELKER asked for clarification on all of Amendment #3, since he
had offered a solution and ARECA had proposed another one. There
was some discussion on the proposals, and MR. WELKER said he would
like to see the cost based on a reasonable approximation of the
work that generates the costs using some kind of a time keeping
system.
SENATOR KELLY asked MR. FINK to come up with language to answer MR.
WELKER'S suggestion. SENATOR SHARP suggested a formula be devised
to fit part A of Amendment #2, and he thought part B explained how
the dollars were collected from the utilities.
SENATOR KELLY led the committee in adopting the following two
proposals: (A) The APUC should periodically adjust the RCC factors
to reflect workload on an industry by industry basis utilizing a
timekeeping system, and (B) adjust the gross electric revenues by
deleting the cost of power for electric utilities before the RCC is
calculated."
SENATOR KELLY announced there was a working draft for SB 213, which
would be brought up at a future meeting.
SENATOR KELLY reminded the committee of the Joint House/Senate
Labor and Commerce meeting in the House committee room on Thursday,
3/3/94, on HSCR 3 - Disapproving Executive Order No. 89.
There being no further business to come before the committee, the
meeting was adjourned at 3:15 by SENATOR KELLY.
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