Legislature(1995 - 1996)
01/30/1996 02:30 PM Senate L&C
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* first hearing in first committee of referral
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SENATE LABOR AND COMMERCE COMMITTEE
January 30, 1996
2:30 p.m.
MEMBERS PRESENT
Senator Tim Kelly, Chairman
Senator John Torgerson, Vice Chairman
Senator Mike Miller
Senator Judy Salo
MEMBERS ABSENT
Senator Jim Duncan
COMMITTEE CALENDAR
SENATE BILL NO. 184
"An Act relating to civil liability for false claims and improper
allegations or defenses in civil practice; and providing for an
effective date."
CS FOR SENATE BILL NO. 165(HES)
"An Act relating to psychologists and psychological associates."
PREVIOUS SENATE COMMITTEE ACTION
SB 184 - See Labor and Commerce minutes dated 1/25/96.
SB 165 - See Health, Education & Social Services minutes dated
1/17/95.
WITNESS REGISTER
Allen Moma
Alaska Psychological Association
PO Box 231453
Anchorage, Alaska 99523
POSITION STATEMENT: Supported SB 165.
Catherine Reardon, Director
Division of Occupational Licensing
Department of Commerce and Economic Development
PO Box 110806
Juneau, Alaska 99811-0806
POSITION STATEMENT: Reported that the Administration is neutral on
SB 165.
Jennifer Hall Jones
Alaska Psychological Association
2453 W 27th Avenue
Anchorage, Alaska 99517
POSITION STATEMENT: Discussed temporary licensure.
ACTION NARRATIVE
TAPE 96-7, SIDE A
SL&C - 1/30/96
SB 184 CIVIL LIABILITY FOR IMPROPER LAWSUIT
Number 001
CHAIRMAN KELLY called the Senate Labor and Commerce Committee
meeting to order at 2:30 p.m. He introduced SB 184 as the first
order of business before the committee.
SENATOR TORGERSON moved that SB 184 be moved out of committee with
individual recommendations. Hearing no objections, it was so
ordered.
SL&C - 1/30/96
SB 165 PSYCHOLOGISTS & PSYCHOLOGICAL ASSOCIATES
CHAIRMAN KELLY introduced SB 165 as the next order of business
before the committee. He informed the committee that there was a
proposed committee substitute before them.
MIKE TIBBLES, Staff to Senator Green, explained that there were the
following changes to the Labor & Commerce CS:
(1) Page 1, line 10 after "a", add "psychologist"
This specifies the type of license the board would issue.
(2) Page 2, line 20 add the words "psychological associate"
This also specifies the type of license.
(3) Page 3, lines 7-8, delete "for specific activities or
areas of competence as determined by", add "to provide
psychological services within"
This would tighten the language.
(4) Page 5, line 16 delete "specific"
This would conform with the change made in Section 5.
In response to Chairman Kelly, Mr. Tibbles explained that SB 165
had been introduced in order to address an inadequacy in the law.
Currently psychological associates at a masters level are held to
a different standard than other masters level professionals.
In response to Senator Salo, MIKE TIBBLES said that SB 165 was
intended to come in line with only marital and family therapists.
Currently, psychological associates have a three year licensure
process; a total of five years. The bill would change this to two
years which is the same with other masters level professions.
ALLEN MOMA, Alaska Psychological Association, supported passage of
SB 165. He informed the committee that he is the Co-Chair of the
committee with the Alaska Psychological Association which has
sponsored this bill. He explained that the committee wants to
bring the licensure process for psychological associates in line
with marriage and family therapy and social work as well as
increasing the availability of mental health services in smaller
Alaskan communities. He reiterated the change from three years to
two years for a psychological associate to receive a license.
Currently, the psychological associate license requires an
additional five years beyond licensure for supervision before the
associate is allowed to practice. He said that they wanted to
remove that portion of the statute. Mr. Moma pointed out that
modifications to sexual misconduct are also being made.
Furthermore, the power of the board is being improved so that the
board can require mental and/or psychological evaluation of a
therapist.
Number 138
SENATOR KELLY asked if the bill would make sexual misconduct
grounds for disciplinary sanctions. ALLEN MOMA explained that the
language has been changed from referring to loose conduct to
clearly defining sexual misconduct. This change is in line with
national standards.
SENATOR KELLY asked if any sexual contact would be considered
sexual misconduct. ALLEN MOMA replied yes. Presently, an
impropriety was interpreted as a therapist having sexual contact
with a client during therapy or any time after therapy for that
client's entire life. Mr. Moma noted that nationally, that is seen
as an unreasonable standard. Mr. Moma explained that SB 165
specifies that an impropriety is any sexual misconduct during
therapy or within two years after the termination of therapy.
Number 154
SENATOR KELLY asked if the regulations defining sexual misconduct
had been adopted. ALLEN MOMA said not to his knowledge.
CATHERINE REARDON, Division of Occupational Licensing, informed the
committee that she was available for questions.
SENATOR KELLY asked if the Administration supported SB 165.
CATHERINE REARDON said that the Administration is neutral on the
bill.
SENATOR KELLY asked if anyone else from Fairbanks or Anchorage
wanted to testify on this legislation.
Number 169
JENNIFER HALL JONES, Alaska Psychological Association, informed the
committee that she was the other Co-Chair to the committee. SB 165
would allow temporary licensure. She felt that more oversight is
necessary which temporary licensure provides that.
SENATOR SALO asked if the main thrust of the bill is to decrease
the time required until a psychological associate can practice
independently. JENNIFER HALL JONES agreed that would be one
result, however that is not necessarily the main thrust of the
bill. Ms. Jones characterized the primary thrust of the bill as an
equity issue with other masters level mental health professionals.
CHAIRMAN KELLY asked if there was anyone else to testify. Hearing
no one, he inquired as to the will of the committee.
Number 200
SENATOR SALO moved that CS SB 165(L&C) be moved out of committee
with individual recommendations. Without objection, it was so
ordered.
There being no further business before the committee, the meeting
was adjourned at 2:43 p.m.
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