Legislature(1997 - 1998)
04/03/1997 01:35 PM Senate L&C
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SENATE LABOR AND COMMERCE COMMITTEE
April 3, 1997
1:35 P.M.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Jerry Mackie, Vice Chairman
Senator Tim Kelly
MEMBERS ABSENT
Senator Mike Miller
Senator Lyman Hoffman
COMMITTEE CALENDAR
Confirmation Hearing:
Real state Commission
Ruth Blackwell - Juneau
Board of Nursing
Josephine Malemute - Fairbanks
Board of Examiners in Optometry
William D. Faulkner - Anchorage
Aharon Sternberg - Anchorage
Certified Direct Entry Midwives
Kay Kanne - Juneau
Pam Weaver - Chugiak
Mark Richey - Anchorage
SENATE BILL NO. 92
"An Act relating to veterinarians; extending the termination date
of the Board of Veterinary Examiners; and providing for an
effective date."
- MOVED CSSB 92(L&C) OUT OF COMMITTEE
SENATE BILL NO. 90
"An Act relating to dental licensing; extending the termination
date of the Board of Dental Examiners; and providing for an
effective date."
- MOVED CSSB 90(L&C) OUT OF COMMITTEE
SENATE BILL NO. 104
"An Act relating to regulation and examination of insurers and
insurance agents; relating to kinds of insurance; relating to
payment of insurance taxes and to required insurance reserves;
relating to insurance policies; relating to regulation of capital,
surplus, and investments by insurers; relating to hospital and
medical service corporations; and providing for an effective date."
- MOVED CSSB 104(L&C) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 92 - See Labor and Commerce Committee minutes dated 3/6/97 and
3/13/97.
SB 90 - See Labor and Commerce Committee minutes dated 3/18/97.
SB 104 - See Labor and Commerce Committee minutes dated 3/25/97.
WITNESS REGISTER
Ms. Annette Kreitzer, Staff
Senate Labor and Commerce Committee
State Capitol Bldg.
Juneau, AK 99801-1182
POSITION STATEMENT: Staff to sponsor of SB 92.
Dr. Burton Miller
2600 Denali St, Ste 500
Anchorage, AK 99503
POSITION STATEMENT: Supported SB 90.
Mr. Charlie Brown
Consumer Dental Choice Project
Washington, D.C.
POSITION STATEMENT: Supported SB 90.
Ms. Martha Reinbold, Director
Alaska Dental Society
3305 Arctic Blvd.
Anchorage, AK 99503
POSITION STATEMENT: Commented on SB 90.
Mr. Scott Crowther
P.O. Box 110854
Anchorage, AK 99511-0854
POSITION STATEMENT: Supported SB 90.
Ms. Marianne Burke, Director
Division of Insurance
Department of Commerce and Economic Development
P.O. Box 110805
Juneau, AK 998811-0805
POSITION STATEMENT: Supported CSSB 104(L&C).
ACTION NARRATIVE
TAPE 97-15, SIDE A
Number 001
CHAIRMAN LEMAN called the Senate Labor and Commerce Committee
meeting to order at 1:35 p.m. and said they would begin with the
confirmation hearings. He said the nominee for the Real Estate
Commission, Ruth Blackwell, was not able to be with them today and
asked Ms. Josephine Malemute, Board of Nursing, to give them some
brief highlights and her reasons for wanting to serve on the Board.
MS. JOSEPHINE MALEMUTE said she is currently working as the
Clinical Health Director of Nursing and she is interested in
advocating not only for the Fairbanks region, but Interior Alaska.
She serves on a lot of boards and committees within the Fairbanks
area already and has learned a lot being on the Board of Nursing
which is a very good board to work with.
CHAIRMAN LEMAN asked her if there were any issues she was aware of
that needed to be addressed legislatively. MS. MALEMUTE said the
biggest thing they deal with now is unlicensed persons working,
especially in the long-term care facilities. CHAIRMAN LEMAN
thanked her for serving and said the committee would forward her
name to the full Senate.
MR. AHARON STERNBERG, Board of Examiners in Optometry, said he was
born in Israel in 1946 and came to this country in 1967, after the
six-day war. He reviewed his resume for the committee. He said he
is familiar with optometry, icthamology and opticianry and has a
good relationship with professionals in all three fields. He
thought HB 195 contained some controversial issues and thought he
could contribute more than someone who is not familiar with adult
professionals. CHAIRMAN LEMAN thanked him for his willingness to
serve.
DR. WILLIAM FAULKNER , Board of Examiners of Optometry, briefly
reviewed his resume. He noted that Dr. Sternberg is in a big
multi-disciplinary practice and he has his perspectives and he,
personally, could offer the perspective of a solo practitioner in
addressing the Board's concerns. CHAIRMAN LEMAN asked if there
were any issues that would be significant to the legislature. DR.
FAULKNER replied that they are updating the optometry law (HB 195)
which is good. He said he was interested in providing a good
quality of service to his patients and continuity of care at a
reasonable price.
MR. MARK RICHEY, M.D., Certified Direct Entry Midwives, reviewed
his resume. CHAIRMAN LEMAN thanked him for his willingness to
serve.
Number 300
MS. PAM WEAVER, Certified Direct Entry Midwives, reviewed her
resume for the committee. CHAIRMAN LEMAN thanked her for her
willingness to serve.
MS. KAYE KANNE reviewed her midwifery background. She said she
would like to continue to serve on the Board as she has in the
past. CHAIRMAN LEMAN asked her if the Board was working as well as
they had planned when they did the legislation. She said it is and
she thought it would be really good to have Mark Richey on the
Board.
SENATOR MACKIE asked if she worked by herself. She answered that
she had a partner in the beginning, but has been by herself for
quite a few years now. She was just joined by a nurse midwife.
She said she delivers an average of three babies per month.
CHAIRMAN LEMAN thanked her for her willingness to serve.
SENATOR MACKIE moved to submit for confirmation consideration:
Ruth Blackwell, Real Estate Commission; Josephine Malemute, Board
of Nursing; Dr. Bill Faulkner and Aharon Sternberg, Board of
Examiners in Optometry; Kay Kanne, Pam Weaver, and Mark Richey,
Direct Entry Midwives. There were no objections and it was so
ordered.
SB 92 BOARD OF VETERINARY EXAMINERS; LICENSE
CHAIRMAN LEMAN announced SB 92 to be up for consideration.
MS. ANNETTE KREITZER, Staff to Labor and Commerce Committee,
explained there was a new CS before them labeled LS0595B. She said
there was some concern that veterinarians hadn't been consulted, so
she has spoken with eight or nine veterinarians. She said the
committee had been concerned that veterinarians graduate from an
accredited veterinary school and that is the case in the CS. She
said the CS also changes the State exam to make it specific to
Alaska issues of veterinary practice and not all of the
veterinarians agree or disagree with that.
The feeling from the Division is if you're going to graduate from
an accredited school, take the National Board Exam, pass the
clinical competency test, and take the State exam it should be
focused on issues that are pertinent to the State of Alaska. The
bill also adds pay required fees.
MS. KREITZER said under licensing by credentials that section 3 is
conforming to sections 1 and 2.
SENATOR MACKIE moved to adopt the CS to SB 92. There were no
objections and it was so ordered.
SENATOR KELLY asked if the State test was a new requirement now.
MS. KREITZER replied that it's not new; some of the questions on
it, however, would be and were going to be specific to Alaska
issues.
SENATOR KELLY asked how people were supposed to know about Alaska
issues without living here for a long time. MS. KREITZER said that
would be a question for Dr. Brasler, Anchorage Veterinary
Association. She has been advised that this is the practice in
Colorado and other states.
CHAIRMAN LEMAN commented that in the practice of engineering and
architecture people at least have to take an arctic engineering
class and pass that or write a paper on the topic. So people from
out of State have some training in cold weather. SENATOR MACKIE
said he would like to see an example of what a specific Alaska
issue is.
MS. KREITZER replied that some veterinarians suggested rabies, some
of the things that happen along the Iditarod Trail, and cold
weather situations specific to Alaska animals. Their point is that
veterinarians who are treating animals in Alaska should have the
training to deal with them whether they are getting licensed for
the first time or coming in under credentialling.
SENATOR MACKIE said he wants the bill they pass to give the
opportunity for those who are qualified and trained and for us to
have a conducive atmosphere to invite people to come and practice
here.
MS. KREITZER explained that some veterinarians think the required
State test is redundant to the other tests given and there is
concern with the purpose of the State test. Of the nine
veterinarians she spoke with they all agreed that it is supposed to
test veterinarians to practice within this State.
Number 424
SENATOR KELLY said his concern was that Alaska veterinarians would
not necessarily want or encourage competition from outside
applicants and might make the test difficult to pass.
SENATOR MACKIE said he didn't like specific Alaska language and
asked how it is currently. MS. KREITZER said that she tried to
follow the committee's wishes and spoke with several veterinarians
and could not get consensus on this issue. There is disagreement
about whether the State test is redundant.
Number 449
DR. JOHN BASLER, Anchorage Veterinarian Association, said he is not
representing the Anchorage Veterinarians per se. He is president
of the Alaska State Veterinary Medical Association and on behalf of
their executive board, this is a new enough issue that they have
not had a board meeting to discuss it. He has polled about 2/3 of
the board and their feeling is that they don't have any major
objections to the current version. They, however, request the
right to comment further after a meeting of the board.
MR. BASLER said the main area of concern was the first graduate
section and Alaska specific issues. He added that there is a
separate Alaska State Board exam that is given twice yearly which
veterinarians have to pass in order to practice here. Putting
Alaska issues in would cover some specific disease processes within
the State, some of which would be pertinent for outside
veterinarians. The easiest one might be rabies in which case there
are a number of different factors in different areas of the
country, including Alaska, and that would be important for a
veterinarian to know wherever they are coming from. He didn't know
what the passage rate for the State test was here, but in
California there is a 30% failure rate.
SENATOR MACKIE asked what he thought of in section 3 after "has
passed the written examination of the State" inserting "Board, and
has been provided orientation..." on specific issues of veterinary
practice. MR. BASLER responded that orientation is already
provided. The concern is with people coming up being knowledgeable
about issues here. SENATOR MACKIE explained his concern is the
potential to make the test so stringent that it would be close to
impossible to pass it.
MR. BASLER said he thought the main reason for passage of this bill
was not to address this issue, but to make it easier for licensing
by credentials.
CHAIRMAN LEMAN noted that people with driver's licenses from other
states have to pass an exam to get a license in Alaska.
SENATOR MACKIE moved to pass CSSB 92(L&C) from committee with
individual recommendations. There were no objections and it was so
ordered.
SB 90 DENTISTS: LICENSING & EXTEND EXAMINING BD
CHAIRMAN LEMAN announced SB 90 to be up for consideration and said
in a previous meeting there was discussion about reducing the
number of dentists from six to five and the grounds for discipline.
The committee adopted an amendment deleting sections 2 and 5,
leaving the Board at six dentists. Another amendment that was
offered was taken out of the physician statutes regarding
unconventional experimental practices. The core of the issue was
mercury amalgam fillings and other restorative materials.
SENATOR KELLY moved to bring amendment, Lauterback 4/3/97 A.2
version, before the committee for discussion. CHAIRMAN LEMAN
explained this was similar to language adopted in at least one
other state.
DR. BURT MILLER said that life is a learning process and this is
reflected in the issue of using mercury/amalgam as a dental filling
material. It consists of approximately 50% mercury which is more
toxic than lead, cadmium, or arsenic. The EPA states that the
maximum safety limit for mercury vapors is 10 micrograms per day
and mercury forms a vapor at 10 degrees fahrenheit. They have been
documented between one and 29 micrograms per day. He read a long
list of doctors who disagreed with the American Dental
Association's conclusion on the safety of mercury amalgam fillings.
TAPE 97-15, SIDE B
Number 580
DR. MILLER said that the latest news and magazine polls indicate
that 50% of the American public are skewing toward alternative
medicine - outside of the dental and medical establishment. An
informed group of people in Colorado and their state Attorney
General demonstrated to the Colorado Board of Dental Examiners that
the American Dental Association (ADA) was not the expert counsel on
amalgam that the board assumed it to be. The American Dental
Association is a trade association that has never conducted any
primary research into the safety of mercury amalgam and the ADA had
either withheld or distorted vital information. He concluded
saying that he supported SB 90, especially sections 6 and 7.
Number 573
MR. CHARLIE BROWN, former Attorney General of West Virginia, said
there are many kinds of dentistry; some want to use just gold, some
want to use amalgam, and some want to use composite fillings. He
said this bill doesn't take sides on the mercury debate. It allows
the consumers, competition, and dentists to make that decision. It
doesn't affect their battle against fraud which can happen with any
kind of dentist. He urged them to take this out of the social
debate and keep it in the scientific debate letting consumers
decide what they want to do with their lives.
MS. MARTHA REINBOLD, Director, Alaska Dental Society, said that she
is an administrator and represents what the profession of dentistry
feels to the ADA. She said they are concerned with proposed
amendment, section 5(b), because of what the ADA Code of Ethics
says, "The removal of amalgam restoration from the non-allergic
patient for the alleged purpose of removing toxic substances from
the body when such treatment is performed solely at the
recommendation or suggestion of the dentist is improper and
unethical. A dentist who represents a dental treatment recommended
or performed by the dentist has the capacity to cure or alleviate
diseases, infections, or other conditions, when such
representations are not based upon accepted scientific knowledge or
research, is acting unethically."
MS. REINBOLD said the amendment was confusing as written. She
suggested clarifying the use of "remove" or "place," "recommended
the removal" or "recommended placement." She asked that wording be
used that would comply with the Code of Ethics.
MR. SCOTT CROWTHER, Palmer civil engineer, said he is an amalgam
victim and he works with a consumer's dental choice project to
promote a level playing field between mercury free dentists and
other dentists in our State. He noted that he had a lot of science
with him on the issue and there are two disturbing things about the
use of mercury amalgam for fillings. One is that the mercury that
leaks out of amalgam crosses into the placenta and into the tissue
of a developing fetus which results in birth defects. He said that
Germany has commenced its phase-out of using amalgam for fillings
based on a conclusive study on this.
MR. CROWTHER said that an on-going study at the University of
Kentucky has documented the fact that mercury leaves the amalgam
and goes into brain tissue and once it does this, it damages the
tubuli, our memory cells - damage that is identical to what you
find in Alzheimer's disease. A correlation has been found between
the number of amalgams and length of mercury exposure to the amount
of mercury in the brains of 100 autopsied Alzheimer's victims.
Regarding the code of ethics and advocating the removal of amalgam,
he said, SB 90 would allow acknowledgement that these things are
happening and allow the issue to go back into the professional
arena.
SENATOR MACKIE moved to adopt amendment #3 to SB 90. There were no
objections and it was so ordered.
SENATOR MACKIE moved to pass the CSSB 90(L&C) from committee with
individual recommendations and the accompanying $0 fiscal note.
There were no objections and it was so ordered.
SB 104 OMNIBUS INSURANCE REFORM
CHAIRMAN LEMAN announced SB 104 to be up for consideration.
SENATOR KELLY moved to adopt CSSB 104(L&C). There were no
objections and it was so ordered.
Number 440
MS. MARIANNE BURKE, Director, Division of Insurance, said after the
last meeting on this issue they received a fax from the Health
Insurance Association of America, which represents 65% of the
insurance writers in the country. They offered some minor
wordsmithing and technical amendments which she absolutely agrees
with. MS. KREITZER noted that all of those changes had been
incorporated into the CS.
SENATOR MACKIE moved to pass CSSB 104(L&C) from committee with
individual recommendations with the accompanying fiscal notes.
There were no objections and it was so ordered.
CHAIRMAN LEMAN adjourned the meeting at 2:41 p.m.
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