Legislature(1995 - 1996)
04/11/1996 02:55 PM Senate L&C
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SENATE LABOR AND COMMERCE COMMITTEE
April 11, 1996
2:55 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
CS FOR HOUSE BILL NO. 359(JUD) am
"An Act relating to the appointment and confirmation process for
members of certain boards, commissions, and similar bodies;
relating to terms of certain appointees; and providing for an
effective date."
SENATE BILL NO. 216
"An Act relating to fees or assessment of costs for certain
services provided by state government, including hearing costs
related to the real estate surety fund; fees for authorization to
operate a postsecondary educational institution or for an agent's
permit to perform services for a postsecondary educational
institution; administrative fees for self-insurers in workers'
compensation; business license fees; fees for activities related to
coastal zone management, training relating to emergency management
response, regulation of pesticides and broadcast chemicals, and
subdivision plans for sewage waste disposal or treatment; and
providing for an effective date."
CS FOR HOUSE BILL NO. 480(HES)
"An Act relating to physician assistants."
CS FOR HOUSE BILL NO. 450(FIN)
"An Act relating to trademarks; and providing for an effective
date."
CS FOR HOUSE BILL NO. 284(FIN)
"An Act relating to the Alaska Commercial Fishing and Agriculture
Bank."
CS FOR HOUSE BILL NO. 60(HES)
"An Act relating to impairment rating guides used in evaluation of
certain workers' compensation claims."
CS FOR HOUSE BILL NO. 73(L&C)
"An Act relating to licensure of manicurists."
PREVIOUS SENATE COMMITTEE ACTION
HB 359 - See Labor & Commerce minutes dated 4/9/96.
SB 216 - See Labor and Commerce minutes dated 3/7/96.
HB 480 - No previous action to consider.
HB 450 - No previous action to consider.
HB 284 - No previous action to consider.
HB 60 - No previous action to consider.
HB 73 - No previous action to consider.
WITNESS REGISTER
Representative Gene Therriault
State Capitol Bldg.
Juneau, AK 99811-1182
POSITION STATEMENT: Sponsor of HB 480.
Jack Heesch
Alaska Academy of Physician Assistants
751 Old Richardson Hwy, #200
Fairbanks, AK 99701
POSITION STATEMENT: Supported HB 480.
Jerry Reinwand
Blue Cross
P.O. Box 327, MS 355
Seattle, WA 98111-0327
POSITION STATEMENT: Opposed HB 480.
Katie Campbell
Division of Insurance
Department of Commerce and Economic Development
P.O. Box 110805
Juneau, AK 99811-0805
POSITION STATEMENT: Supported HB 480.
Wilda Whitaker, Staff
Representative Gene Therriault
State Capitol Bldg.
Juneau, AK 99801-1182
POSITION STATEMENT: Staff to sponsor of HB 450.
Amy Daugherty, Staff
Representative Alan Austerman
State Capitol Bldg.
Juneau, AK 99801-1182
POSITION STATEMENT: Staff to sponsor of HB 284.
Jonathan Sperber, Staff
Representative Bettye Davis
State Capitol Bldg.
Juneau, AK 99801-1182
POSITION STATEMENT: Staff to sponsor of HB 60.
Paul Grossi, Director
Division of Workers' Compensation
P.O. Box 25512
Juneau, AK 99802-5512
POSITION STATEMENT: Supported SB 60.
Representative Brice
State Capitol Bldg.
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 73.
Mary Jo Burns
Douglas, AK
POSITION STATEMENT: Commented on HB 73.
ACTION NARRATIVE
TAPE 96-26, SIDE A
Number 001
HB 359 APPOINTMENT PROCESS FOR BDS & COMM'NS
CHAIRMAN KELLY called the Senate Labor and Commerce Committee
meeting to order at 2:55 p.m. and announced HB 359 to be up for
consideration. He asked his staff, Sherman Ernouf, if
Representative Porter concurred with the committee substitute. He
answered that he did.
SENATOR TORGERSON moved to adopt the CS to HB 359. There were no
objections and it was so ordered.
SENATOR TORGERSON moved to pass SCSHB 359 from committee with
individual recommendations. There were no objections and it was so
ordered.
SB 216 OMNIBUS STATE FEES & COST ASSESSMENTS
SENATOR KELLY announced SB 216 to be up for consideration.
SENATOR TORGERSON moved to adopt the CS to SB 216. There were no
objections and it was so ordered.
SENATOR TORGERSON moved to pass CSSB 216 from committee with
individual recommendations. There were no objections and it was so
ordered.
HB 480 PHYSICIAN ASSISTANTS
REPRESENTATIVE THERRIAULT, sponsor, said this legislation clarified
the process that is currently in place for granting a physician
assistant the authority to practice in the State and to prohibit
unfair insurance discrimination against them.
JACK HEESCH, Alaska Academy of Physician Assistants, said it is his
understanding from the Division of Insurance that inclusion of the
physician assistants on the nondiscrimination list does not
guarantee anybody a billing rate. He explained that insurance
companies pay what is usual and customary. People who work for a
doctor in a clinic and bill for physician services include the
physician, a physician assistant, an advanced nurse practitioner,
a physical therapist, an occupational therapist, an audiologist,
and a speech pathologist. These bill at what is called a physician
service rate.
The truth of the matter, he said, is that some physician assistants
who see a patient in a doctors office bill as a physician provided
service at the same rate the doctor does. In other cases they bill
at a lesser rate and in many cases at a substantially lesser rate.
The bottom line is AS21.36.090 (d) has nothing to do with what
anyone bills. It says that if a patient walks into a doctors
office, he doesn't have to be concerned if his insurance covers
seeing a physician assistant. It doesn't dictate the rate which is
up to the insurance companies to figure out.
SENATOR KELLY asked if anyone in the room objected to that
statement.
Number 165
JERRY REINWAND, Blue Cross, said the problem is that no one can
really explain what the antidiscrimination statute really does.
It's working because the Division has an interpretation that it
will work in a certain direction. If this interpretation is
correct, Mr. Heesch might be correct. No one knows. Their concern
is with what the statute really does and what does adding physician
assistants do, what are the cost and policy implications. He
thought it was a better idea to back off on this bill and let them
work with the Division of Insurance over the interim to define what
it really does before they add more to it.
Number 225
KATIE CAMPBELL, Division of Insurance, said they have historically
supported this section of the bill. She said the interpretation
they have given this discrimination section allows for payment of
a service if a provider is licensed to provide a service under our
statutes. Whoever is on that list can't be discriminated for a
service. It's not their interpretation that this is setting a fee.
The question has never come up, there are no court cases, there
have been no questions to the Division regarding that portion of
the bill.
MR. HEESCH said they would like the committee to add physician
assistants language that was found in SB 100.
SENATOR TORGERSON moved to add that language. There was discussion
and SENATOR KELLY said they would hold the bill until Tuesday and
directed staff to add the physician assistant language and the
intent to not set fees.
HB 450 ALASKA TRADEMARK ACT
SENATOR KELLY announced HB 450 to be up for consideration.
WILDA WHITAKER, Staff to Representative Therriault, sponsor, read
his sponsor statement saying that this legislation is intended to
update the State Trademark Act and modeled it after the Trademark
bill written by the International Trademark Association. This
legislation was introduced at the request of the Division of
Banking, Securities, and Corporations. It is needed to strengthen
the intellectual property rights for Alaska's business community.
SENATOR KELLY asked if there was any opposition to the bill. MS.
WHITAKER replied that there was none.
Number 301
SENATOR MILLER moved to pass HB 450 from committee with individual
recommendations. There were no objections and it was so ordered.
HB 284 AK COMMERCIAL FISHING & AGRICULTURE BANK
SENATOR KELLY announced HB 284 to be up for consideration.
AMY DAUGHERTY, Staff to Representative Alan Austerman, sponsor, of
HB 284 said it changes AS44.81 and AS16.43, containing the enabling
language of the Alaska Commercial Fishing and Agriculture Bank.
Most of the changes in SB 284 are for clarification.
SENATOR KELLY asked where the physical headquarters of CFAB was
located. MS. DAUGHERTY answered that it was in Anchorage. She
said that by the year 2002, CFAB will have retired all but one
million dollars of their debt.
SENATOR KELLY said he wanted to hold the bill until they talk to Ed
Crane of CFAB. He directed staff also to check on the difference
between existing and proposed language and said they would bring
the bill up next Tuesday.
HB 60 IMPAIRMENT RATING GUIDES FOR WORKERS COMP
SENATOR KELLY announced HB 60 to be up for consideration.
JONATHON SPERBER, Staff to Representative Bettye Davis, read her
sponsor statement.
PAUL GROSSI, Director, Workers Compensation, said they supported HB
60.
SENATOR TORGERSON moved to pass HB 60 from committee with
individual recommendations. There were no objections and it was so
ordered.
HB 73 LICENSURE OF MANICURISTS
SENATOR KELLY announced HB 73 to be up for consideration.
Number 375
REPRESENTATIVE TOM BRICE, sponsor, said HB 73 adds to the list of
jobs that the Board of Barbers and Hairdressers oversees is the
practice of manicure, mostly for health concerns. Alaska is one of
the eight states nationwide that have no oversight whatsoever on
the industry.
SENATOR KELLY asked if the apprenticeship requirement was existing
law. REPRESENTATIVE BRICE replied that other states require a
certain number of hours before a person can be licensed and this is
usually done within the course of their education so those
requirements are addressed through the schooling they receive.
SENATOR KELLY asked if there was a grandfather clause.
REPRESENTATIVE BRICE replied yes there was in section 20.
SENATOR KELLY asked why this was needed. REPRESENTATIVE BRICE
replied that a number of constituents were concerned over the
public health issue.
SENATOR KELLY asked if there was a requirement for schooling.
REPRESENTATIVE BRICE answered yes and those standards are
established by the Board of Barbers and Hairdressers.
MARY JO BURNS, Douglas resident, said her daughter's concern was
the schools of cosmetology would be the only place to learn how to
do this. It didn't take very long to learn and a school would cost
money and take time.
SENATOR KELLY noted that an apprenticeship is 350 hours.
REPRESENTATIVE BRICE said that student permits are allowed so they
can practice and receive funds from that.
SENATOR TORGERSON asked on page 7, line 29 if someone currently in
the practice has 180 days to comply with the act which would mean
that she has to prove she has 350 hours of work. REPRESENTATIVE
BRICE said that referred to people who do not currently hold a
license recognized by the Board of Barbers and Hairdressers. Those
who hold a license recognized by the Board of Barbers and
Hairdressers basically show their license.
SENATOR KELLY asked if there was such a thing as a manicuring
license right now? REPRESENTATIVE BRICE answered no.
SENATOR TORGERSON said it didn't sound to him like it was a
grandfathering; it sounded like they had 180 days to get show that
you have the hours. REPRESENTATIVE BRICE replied that if you
practice 350 hours, then you are eligible to take the test.
SENATOR TORGERSON asked how you can prove you've worked the hours.
REPRESENTATIVE BRICE answered that a pay stub might be one way and
that's why they also have testing. The Board is going to have to
decide what level of evidence is adequate.
SENATOR TORGERSON asked if people who already have a hairdressing
and manicure license will have to be licensed again.
REPRESENTATIVE BRICE replied that they could have a five or six
month waiting period. SENATOR TORGERSON said he would prefer
language that says the current license would be in effect until the
new one is issued. REPRESENTATIVE BRICE agreed that was a good
idea.
SENATOR KELLY said he thought it was a good idea to learn about
sanitation and health, but he also didn't want this to develop into
something where someone has to get a student loan to get enrolled
in cosmetology school for six months. He said he agreed with the
substance of the bill and said they would work on it and bring it
before the committee next week.
SENATOR KELLY adjourned the meeting at 3:38 p.m.
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