Legislature(2001 - 2002)

03/14/2002 01:35 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                SENATE LABOR & COMMERCE COMMITTEE                                                                             
                         March 14, 2002                                                                                         
                            1:35 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ben Stevens, Chair                                                                                                      
Senator Alan Austerman                                                                                                          
Senator Loren Leman                                                                                                             
Senator John Torgerson                                                                                                          
Senator Bettye Davis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All Members Present                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 220                                                                                                             
"An  Act relating  to the  scope  of practice  authorized under  a                                                              
license to practice hairdressing."                                                                                              
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 276(L&C)                                                                                                  
"An Act relating to temporary permits  and licenses by endorsement                                                              
issued by the Board of Nursing; and  relating to the delegation of                                                              
nursing duties."                                                                                                                
                                                                                                                                
     MOVED SCSHB 276(L&C) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 283                                                                                                             
"An Act relating to temporary permits  and licenses by endorsement                                                              
issued by the Board of Nursing; and  relating to the delegation of                                                              
nursing duties."                                                                                                                
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR  SENATE BILL  NO. 265(TRA)  "An Act  relating to  physician                                                              
assistants; providing that a physician  assistant is a health care                                                              
provider covered  by certain laws relating to  medical malpractice                                                              
actions;  adding physician  assistants  to the  list of  providers                                                              
against  whom  unfair  discrimination   relating  to  health  care                                                              
insurance  is prohibited  and to  the  list of  providers who  can                                                              
provide proof of disablement or handicap  for the purpose of motor                                                              
vehicle registration  or for  the purpose  of obtaining  a special                                                              
license plate or a special parking permit; and providing for an                                                                 
effective date."                                                                                                                
                                                                                                                                
     MOVED CSSB 265(TRA) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 274(L&C)                                                                                                  
"An Act relating  to the qualification of a physician  used for an                                                              
employer's independent  medical examination  and to  the authority                                                              
of the Alaska Workers' Compensation  Board to provide an expedited                                                              
hearing when  an employee needs  medical treatment;  and providing                                                              
for an effective date."                                                                                                         
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
SB 220 - No previous action to record.                                                                                          
                                                                                                                                
SB 283 - See HESS minutes dated 2/27/02.                                                                                        
                                                                                                                                
HB 276 - No previous action to record.                                                                                          
                                                                                                                                
SB 265 - See Transportation minutes dated 2/19/02.                                                                              
                                                                                                                                
HB 274 - No previous action to record.                                                                                          
                                                                                                                                
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Jeri McIntosh                                                                                                               
Staff to Senator Lyda Green                                                                                                     
State Capitol Bldg.                                                                                                             
Juneau AK 99811                                                                                                                 
POSITION STATEMENT: Commented on SB 220 for sponsor.                                                                          
                                                                                                                                
Ms. Beatrice Caujolle                                                                                                           
Owner and Aesthetician                                                                                                          
A Certain Charm Institute of Skin Care                                                                                          
Merchants Wharf, Ste 209                                                                                                        
Juneau AK 99801                                                                                                                 
POSITION STATEMENT: Supported SB 220.                                                                                         
                                                                                                                                
Ms. Catherine Reardon, Director                                                                                                 
Division of Occupational Licensing                                                                                              
Department of Community and Economic Development                                                                                
PO Box 110806                                                                                                                   
Juneau AK 99811                                                                                                                 
POSITION STATEMENT: Commented on SB 220.                                                                                      
                                                                                                                                
Representative Peggy Wilson                                                                                                     
State Capitol Bldg.                                                                                                             
Juneau AK 99811                                                                                                                 
POSITION STATEMENT: Sponsor of HB 276.                                                                                        
                                                                                                                                
Ms. Lynn Hartz                                                                                                                  
Board of Nursing                                                                                                                
3104 Brookside                                                                                                                  
Anchorage AK 99517                                                                                                              
POSITION STATEMENT: Supported HB 276.                                                                                         
                                                                                                                                
Ms. Nancy Davis, Chief                                                                                                          
Public Health Nursing                                                                                                           
Department of Health and Social Services                                                                                        
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT: Supported HB 276.                                                                                         
                                                                                                                                
Ms. Patricia Senner, President                                                                                                  
Alaska Nurses Association                                                                                                       
2207 E. Tudor Rd.                                                                                                               
Anchorage AK 99507                                                                                                              
POSITION STATEMENT: Supported HB 276.                                                                                         
                                                                                                                                
Senator Donald Olson                                                                                                            
State Capitol Bldg.                                                                                                             
Juneau AK 99801                                                                                                                 
POSITION STATEMENT: Sponsor of SB 265.                                                                                        
                                                                                                                                
Mr. Ed Hall, Physician Assistant                                                                                                
Academy of Physician Assistants                                                                                                 
13601 Windward Circle                                                                                                           
Anchorage AK 99516                                                                                                              
POSITION STATEMENT: Supported SB 265.                                                                                         
                                                                                                                                
Ms. Susan Mason-Bontuse, Executive Director                                                                                     
Sunshine Community Health Center                                                                                                
PO Box 787                                                                                                                      
Talkeetna AK 99676                                                                                                              
POSITION STATEMENT: Supported SB 265.                                                                                         
                                                                                                                                
Mr. John Riley, Chairman                                                                                                        
Alaska Primary Care Association                                                                                                 
6411 Italy Circle                                                                                                               
Anchorage AK 99516                                                                                                              
POSITION STATEMENT: Supported SB 265.                                                                                         
                                                                                                                                
Ms. Elizabeth Ripley, Director                                                                                                  
Community Health Planning                                                                                                       
Valley Hospital                                                                                                                 
PO Box 1687                                                                                                                     
Palmer AK 99645                                                                                                                 
POSITION STATEMENT: Supported SB 265.                                                                                         
                                                                                                                                
Ms. Rynnieva Moss                                                                                                               
Staff to Representative Coghill                                                                                                 
State Capitol Bldg.                                                                                                             
Juneau AK 99811                                                                                                                 
POSITION STATEMENT: Commented on HB 274 for the sponsor.                                                                      
                                                                                                                                
Ms. Barbara Williams                                                                                                            
Alaska Injured Workers                                                                                                          
PO Box 101093                                                                                                                   
Anchorage 99510                                                                                                                 
POSITION STATEMENT: Opposed HB 274.                                                                                           
                                                                                                                                
Ms. Laura Jackson, Claims Manager                                                                                               
University of Alaska                                                                                                            
3890 University Lake Dr.                                                                                                        
Anchorage AK 99508                                                                                                              
POSITION STATEMENT: Opposed section 2 of HB 274.                                                                              
                                                                                                                                
Mr. David Tweden                                                                                                                
1403 W. 40th Ave.                                                                                                               
Anchorage AK 99503                                                                                                              
POSITION STATEMENT: Opposed HB 274.                                                                                           
                                                                                                                                
Ms. Murlene Wilkes                                                                                                              
Harbor Adjusting Service                                                                                                        
236 W. 10th                                                                                                                     
Anchorage AK 99501                                                                                                              
POSITION STATEMENT: Opposed section 2 of HB 274.                                                                              
                                                                                                                                
Ms. Susan Daniels                                                                                                               
Northern Adjusters                                                                                                              
800 E. Dimond #3-470                                                                                                            
Anchorage AK 99507                                                                                                              
POSITION STATEMENT: Opposed section 2 of HB 274.                                                                              
                                                                                                                                
Mr. Tim McKeever, Atty.                                                                                                         
701 W. 8th Ave.                                                                                                                 
Anchorage AK 99502                                                                                                              
POSITION STATEMENT: Opposed sections 1 and 2 of HB 274.                                                                       
                                                                                                                                
Ms. Kathy Collins, Claims Administrator                                                                                         
ARECA Insurance Exchange                                                                                                        
703 W. Tudor #101                                                                                                               
Anchorage AK 99503                                                                                                              
POSITION STATEMENT: Opposed section 2 of HB 274.                                                                              
                                                                                                                                
Ms. Clarice Hiratsuka                                                                                                           
Umialik Insurance Co.                                                                                                           
4300 Boniface #201                                                                                                              
Anchorage AK 99504                                                                                                              
POSITION STATEMENT: Opposed section 2 of HB 274.                                                                              
                                                                                                                                
Mr. Mike Klawitter, Director                                                                                                    
Risk Management                                                                                                                 
Anchorage School District                                                                                                       
PO Box 196614                                                                                                                   
Anchorage AK 99516                                                                                                              
POSITION STATEMENT: Opposed section 2 of HB 274.                                                                              
                                                                                                                                
Mr. Paul Grossi, Director                                                                                                       
Division of Workers' Compensation                                                                                               
Department of Labor & Workforce                                                                                                 
  Development                                                                                                                   
PO Box 21149                                                                                                                    
Juneau, AK 99802-1149                                                                                                           
POSITION STATEMENT: Supported HB 274.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-11, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
            SB 220-SCOPE OF PRACTICE OF HAIRDRESSING                                                                        
                                                                                                                                
CHAIRMAN BEN STEVENS called the Senate Labor & Commerce Committee                                                             
meeting to order at 1:35 p.m. and announced SB 220 to be up for                                                                 
consideration.                                                                                                                  
                                                                                                                                
Ms. Jeri McIntosh, Staff to Senator Lyda Green, sponsor of SB
220, said there was a proposed committee substitute that the                                                                    
sponsor wanted to be adopted for discussion purposes.                                                                           
                                                                                                                                
SENATOR AUSTERMAN moved to adopt the CS to SB 220. There were no                                                                
objections and it was so ordered.                                                                                               
                                                                                                                                
MS. MACINTOSH explained:                                                                                                        
                                                                                                                                
     CSSB 220  amends AS  08.13.170(f), which authorizes  the                                                                   
     Board   of  Barbers   and   Hairdressers   to  issue   a                                                                   
     hairdressing   license  that   includes  the   temporary                                                                   
     removal  of superfluous hair  on the  face and neck  and                                                                   
     the  application of  basic make-up.  These services  are                                                                   
     typically assumed to be available from a hairdresser.                                                                      
                                                                                                                                
     The removal  of unwanted  hair by  means of hair  waxing                                                                   
     and the application  of basic make-up are  services that                                                                   
     hairdressers    should   be    allowed   to    practice.                                                                   
     Hairdressers are  trained and tested in these  areas and                                                                   
     have always  performed these  services. Both waxing  and                                                                   
     basic make-up  are a part of the curriculum  required to                                                                   
     graduate.  By statute, current  training required  for a                                                                   
     hairdressing  license  is 1650  hours.  Included in  the                                                                   
     1650 hours  are fifteen practical operations  of eyebrow                                                                   
     arching and  hair removal by  means of waxing,  tweezing                                                                   
     and the  use of depilatories  and fifteen basic  make-up                                                                   
     applications  including  skin   analysis,  complete  and                                                                   
     corrective   make-up  and  the   application  of   false                                                                   
     eyelashes  (12  AAC  09.160).  Although  the  curriculum                                                                   
     requires that  they perform these operations  during the                                                                   
     instructional  phase,  once  they are  licensed,  Alaska                                                                   
     state law prohibits them from  performing either service                                                                   
     for their clients.                                                                                                         
                                                                                                                                
     I  respectfully  request  your   support  of  CSSB  220,                                                                   
     allowing  trained professionals  to continue a  practice                                                                   
     that they are fully qualified to do.                                                                                       
                                                                                                                                
MS. BEATRICE CAUJOLLE, Owner and Aesthetician of A Certain Charm                                                                
Institute of Skin Care, said:                                                                                                   
                                                                                                                                
     Mr. Chairman, this regards the  committee substitute for                                                                   
     SB  220.   I'm  writing  to  comment  on   the  proposed                                                                   
     amendments  to   the  statutes  governing   occupational                                                                   
     licensing   contained  in   CSSB  220.   I've  been   an                                                                   
     aesthetician  and an  instructor for  13 years and  have                                                                   
     received  substantial supplementary  training in  Europe                                                                   
     and the  United States  to stay  current with the  rapid                                                                   
     new developments  in my field and to acquire  the skills                                                                   
     to be  able to safely  make these advances  available to                                                                   
     my clients.                                                                                                                
                                                                                                                                
     Many   skin  problems   and   conditions   can  now   be                                                                   
     successfully  treated  by a  well-trained  aesthetician,                                                                   
     but  previously  would  have  had  to be  treated  by  a                                                                   
     physician at  a much greater  cost. For example,  we now                                                                   
     have  in cosmoceuticals  collagen applications,  elastin                                                                   
     applications,  chemical exfoliations,  such as  glycolic                                                                   
     acids, enzyme peels, light chemical  peels. We also have                                                                   
     creams  and   lotions  with  higher  levels   of  active                                                                   
     ingredients  that  are available  over  the counter.  In                                                                   
     addition, there are numerous  electrical devices such as                                                                   
     lymphatic  drainage  assisting   pumps,  high  frequency                                                                   
     stimulators,  facial toners, microdermabrasion,  steamer                                                                   
     and ozone  procedures, electric brushes  and exfoliating                                                                   
     aids.                                                                                                                      
                                                                                                                                
     The  field  of  aesthetics   is  one  which  is  growing                                                                   
     increasingly  technical  and increasingly  effective  as                                                                   
     new   technologies   are  brought   to   bear.   Several                                                                   
     developing  technologies  that  have  promise  of  great                                                                   
     benefits for  clients are on  the horizon. For  example,                                                                   
     new  technologies  include  safe  low-level  laser  hair                                                                   
     removal  devices that  until now only  the powerful  and                                                                   
     expensive  lasers that are  required by physicians  were                                                                   
     available.  The cost  of the machines  alone kept  small                                                                   
     towns  like   Juneau  from  being  able  to   have  such                                                                   
     services.  Another device,  the Lam  Probe, is for  safe                                                                   
     removal of surface capillaries  and minor imperfections.                                                                   
     Because  of  this, the  direction  of licensure  of  the                                                                   
     field  of  esthetics  should  be  in  the  direction  of                                                                   
     further  defining  this growing  and  changing field  so                                                                   
     that the public  is both protected and has  available at                                                                   
     reasonable cost  the advantages of the many  advances in                                                                   
     the esthetics field.                                                                                                       
                                                                                                                                
     The  proposed   amendment  to   increase  the   licensed                                                                   
     practice of  a hairdresser to include  limited esthetics                                                                   
     is  a move  in  the opposite  direction  of the  field's                                                                   
     movement.  The main activity  - training and  experience                                                                   
     of the hairdresser  - is as a hairdresser.  The training                                                                   
     needed for  the most basic  tasks of an aesthetician  is                                                                   
     probably  provided  in  a hairdresser's  training  so  a                                                                   
     hairdresser could  safely perform them.  However, that's                                                                   
     not true  of many,  if not most,  procedures beyond  the                                                                   
     most basic, which requires specific  training to be used                                                                   
     safely and/or  effectively. For  that reason I  feel the                                                                   
     licensure   of  an  aesthetician   should  be   entirely                                                                   
     separate from  the hairdressers. This would  also permit                                                                   
     the periodic  review of  each field  as it develops  and                                                                   
     allow amendments appropriate  and needed for each field.                                                                   
                                                                                                                                
MS.  CATHERINE   REARDON,  Director,   Division  of   Occupational                                                              
Licensing,  said her  division  staffs the  Board  of Barbers  and                                                              
Hairdressers, which  regulates aestheticians and  hairdressers and                                                              
a number  of  other professions.  She understands  that the  Board                                                              
supports  hairdressers being  permitted to  do eyebrow waxing  and                                                              
tweezing  and  make-up  application,   not  the  fuller  range  of                                                              
aesthetician services.                                                                                                          
                                                                                                                                
SENATOR AUSTERMAN asked if aestheticians  are covered at all under                                                              
current law.                                                                                                                    
                                                                                                                                
MS. REARDON replied  that they are. There is a  definition of what                                                              
the practice  of esthetics  is and  an individual  must have  that                                                              
license  in order  to  perform those  functions.  She thought  the                                                              
issue  was  whether  hairdressers  should  be permitted  to  do  a                                                              
segment  of  the  aesthetician's  scope  of  practice.  This  bill                                                              
permits the hairdressers to perform  limited esthetics as defined.                                                              
Possibly the  definition of the  limited aesthetician  functions a                                                              
hairdresser could perform was too broad.                                                                                        
                                                                                                                                
CHAIRMAN  STEVENS  said  that  aestheticians  in  Senator  Green's                                                              
office and  the Board had been trying  to find a solution  to some                                                              
of these  issues and had  proposed amendment  #1. He asked  if she                                                              
had seen the amendment.                                                                                                         
                                                                                                                                
MS. REARDON replied that she had.                                                                                               
                                                                                                                                
CHAIRMAN TORGERSON asked her if the Board didn't favor the CS.                                                                  
                                                                                                                                
MS. REARDON replied that they hadn't  seen the work draft, so they                                                              
took their position on the broader issue.                                                                                       
                                                                                                                                
CHAIRMAN  TORGERSON  asked  if she  said  they  were in  favor  of                                                              
removing something, but that this goes farther than that.                                                                       
                                                                                                                                
MS. REARDON  replied that she was  concerned that the  (b) section                                                              
went farther.                                                                                                                   
                                                                                                                                
CHAIRMAN STEVENS noted that the amendment would bring it back.                                                                  
                                                                                                                                
SENTOR TORGERSON  asked which  Board regulated  the people  who do                                                              
this now.                                                                                                                       
                                                                                                                                
MS. REARDON replied the Board of  Barbers and Hairdressers. It's a                                                              
different license, but the same board.  They license hairdressers,                                                              
barbers,  aestheticians,   manicurists  and  tatooists   and  body                                                              
piercers.                                                                                                                       
                                                                                                                                
CHAIRMAN  TORGERSON asked  if they  should repeal  all of Title  8                                                              
that deals with barbers and hairdressers.                                                                                       
                                                                                                                                
SENATOR AUSTERMAN asked if they need to be licensed.                                                                            
                                                                                                                                
MS. REARDON  replied that industry  and consumers seemed  to think                                                              
so.                                                                                                                             
                                                                                                                                
SENATOR TORGERSON moved to adopt amendment #1.                                                                                  
                                                                                                                                
SENATOR  AUSTERMAN  wanted  to know  the  difference  between  the                                                              
amendment  and  the  existing  CS   language.  They  are  deleting                                                              
"manual" and "electric tweezers".                                                                                               
                                                                                                                                
MS. CAUJOLLE explained that they just simplified the explanation.                                                               
She said further:                                                                                                               
                                                                                                                                
     Regarding the original bill  with limited esthetics - In                                                                   
     13 we have  (a) the removal - eyebrow arching  by use of                                                                   
     wax. What is  taken out is "manual or  electric tweezers                                                                   
     or  depilatories."  Electric  tweezers  are  essentially                                                                   
     electrolysis.  So we  really  don't want  that to  occur                                                                   
     without another  license actually. Depilatories  - those                                                                   
     deal  with skin again  because of  the skin  irritations                                                                   
     that you  can receive. So it  would be best to  not have                                                                   
     it  in  there. Then  we  have  also the  application  of                                                                   
     makeup  - we've  taken out  in (b)  skin analysis.  With                                                                   
     fifteen preparatory  applications of makeup,  there's no                                                                   
     way that a hairdresser can know  skin. You need hours of                                                                   
     education to  understand and  analyze skin. So,  we took                                                                   
     that out  - to make it  simple makeup application  as if                                                                   
     an individual was going to get  married and they want to                                                                   
     have the  service done within  the salon, not  having to                                                                   
     go  to different  places. Everything  is  in one  place.                                                                   
     That's  why we  went ahead  and simplified  it. So  that                                                                   
     it's   a  simple   application  of   makeup  and   false                                                                   
     eyelashes,   if   necessary.  That's   essentially   the                                                                   
     difference.                                                                                                                
                                                                                                                                
CHAIRMAN STEVENS asked if there was objection to amendment #1                                                                   
being adopted. There were no objections and it was adopted.                                                                     
                                                                                                                                
CHAIRMAN STEVENS asked where the amendment came from.                                                                           
                                                                                                                                
MS. CAUJOLLE added that it came from the Board.                                                                                 
                                                                                                                                
CHAIRMAN STEVENS asked if everyone was in agreement.                                                                            
                                                                                                                                
MS. CAUJOLLE replied, "Yes, sir."                                                                                               
                                                                                                                                
CHAIRMAN STEVENS said they would hold the bill to allow Senator                                                                 
Green to look at it.                                                                                                            
                                                                                                                                
                  HB 276-REGULATION OF NURSING                                                                              
                  SB 283-REGULATION OF NURSING                                                                              
                                                                                                                                
CHAIRMAN STEVENS announced HB 276 and SB 283, companion bills, to                                                               
be up for consideration. He said they would use the working draft                                                               
of HB 276 for discussion.                                                                                                       
                                                                                                                                
REPRESENTATIVE PEGGY WILSON, sponsor of HB 276, said:                                                                           
                                                                                                                                
     HB 276  is essentially  a cleanup  bill that brings  the                                                                   
     nursing  statutes  up  to  date   with  current  nursing                                                                   
     practice  in   three  different  ways.  One,   it  gives                                                                   
     licensed  nurses  the authority  to delegate  duties  to                                                                   
     other  unlicensed  personnel.   Two,  it  increases  the                                                                   
     length  of  time  available   for  a  temporary  nursing                                                                   
     license from  four to six  months just for  the criminal                                                                   
     justice background checks. It  takes a little longer now                                                                   
     than it used  to because of that. And three,  it changes                                                                   
     the  wording  regarding  licensure  by  endorsement  and                                                                   
     brings  the  wording  in statute  into  compliance  with                                                                   
     what's already  being done in  the division. I  have the                                                                   
     whole nursing board behind me, so…                                                                                         
                                                                                                                                
SENATOR TORGERSON  asked if there  was a definition  of "assistive                                                              
personnel"  in  section 5  where  it  says  they can  delegate  to                                                              
unlicensed assistive personnel.                                                                                                 
                                                                                                                                
REPRESENTATIVE  WILSON  replied that  meant  unlicensed  assistive                                                              
personnel,  like  nurses  aides  or someone  else  that  would  be                                                              
working with a patient or a client.                                                                                             
                                                                                                                                
SENATOR TORGERSON asked if that was  defined in statute. He had no                                                              
objection to  the way it  was written  in the sponsor  statement -                                                              
unlicensed   assistive  personnel   (UAPs)  such   as  aides   and                                                              
technicians -                                                                                                                   
                                                                                                                                
MS. LYNN  HARTZ, a nurse practitioner  and member of the  Board of                                                              
Nursing, responded:                                                                                                             
                                                                                                                                
     Whether   there  is   a  definition   in  statute   that                                                                   
     determines  who is an  unlicensed assistive personnel  -                                                                   
     no,   because   by   definition   unlicensed   assistive                                                                   
     personnel is  someone who doesn't have a  certificate or                                                                   
     a  license to  practice and  has  been historically  and                                                                   
     currently. Perhaps  I could back  up a little bit,  if I                                                                   
     may. I had  some testimony that might help  explain this                                                                   
     as  far  as  giving licensed  nurses  the  authority  to                                                                   
     delegate  nursing duties to  other personnel. This  came                                                                   
     about   when  the   Board   of  Nursing   was   drafting                                                                   
     regulations on delegation last  year and we were told at                                                                   
     that  time that  nurses did  not have  the authority  to                                                                   
     delegate to assistive personnel  whom in general we call                                                                   
     UAPs (someone  without a license or certificate  in this                                                                   
     state).   Therefore,   the   Board   could   not   write                                                                   
     regulations  about  delegation.  The  Board  had  always                                                                   
     assumed that  nurses had this  authority to  delegate to                                                                   
     unlicensed assistants  and it even published  a position                                                                   
     statement on  that with our  statutes and regs  in 1993.                                                                   
     So that's  why we view it  as a cleanup section  because                                                                   
     it's  giving  the  Board  of   Nursing  and  nurses  the                                                                   
     authority we thought we already had.                                                                                       
                                                                                                                                
     An  example of  delegation  might be  a  nurse asking  a                                                                   
     nurses  aide to  run  a urine  test  on a  patient.  The                                                                   
     nurse's aide  has no legal scope of practice.  Hence the                                                                   
     term unlicensed  assistive personnel.  The legal  source                                                                   
     of the authority to do the nursing  task, in this case a                                                                   
     urine  test, is the  licensed nurse,  because the  nurse                                                                   
     does have  a legal  scope of practice  in the state.  So                                                                   
     the nurse  transfers or delegates that authority  to the                                                                   
     unlicensed person, in this case  to do a urine specimen.                                                                   
     Without the  ability for the  nurse to delegate  nursing                                                                   
     tasks, the  unlicensed assistants  have no authority  to                                                                   
     act. Therefore,  without this  legislation the  UAPs who                                                                   
     are  called  patient  care   technicians  at  Providence                                                                   
     Hospital  have no  legal basis  to  continue to  perform                                                                   
     nursing tasks that are delegated.                                                                                          
                                                                                                                                
     At  the  municipality  of  Anchorage,  UAPs  are  called                                                                   
     family  service aides. It  seems to  be that since  they                                                                   
     are  unlicensed and  certificated, different  employment                                                                   
     agencies  give   them  different  terminology.   So,  at                                                                   
     Anchorage  Health  Department,  they are  called  family                                                                   
     service  aides.  They  would  not  be  able  to  perform                                                                   
     nursing tasks  delegated by public health nurses.  We do                                                                   
     have unlicensed assistive personnel  defined, but it's a                                                                   
     part of  the position statement  written in  1993, which                                                                   
     the  Board  of  Nursing  was told  it  didn't  have  the                                                                   
     authority  to write,  because we  didn't have  statutory                                                                   
     authority   to   delegate    to   unlicensed   assistive                                                                   
     personnel.                                                                                                                 
                                                                                                                                
SENATOR TORGERSON said he would feel better if somewhere it said                                                                
"supervised". "Right now you can go out and get somebody off the                                                                
street and give them a job. That's the part that I don't like."                                                                 
                                                                                                                                
MS. HARTZ said the safety component is under the regulations                                                                    
promulgated by the Board. There would be supervision by                                                                         
registered and licensed nurses.                                                                                                 
                                                                                                                                
SENATOR AUSTERMAN said he understood that those regulations                                                                     
hadn't been adopted yet.                                                                                                        
                                                                                                                                
MS. HARTZ replied, "Just because we don't have the statutory                                                                    
authority to write regulations."                                                                                                
                                                                                                                                
CHAIRMAN STEVENS said, "But you have the regulations."                                                                          
                                                                                                                                
MS.  HARTZ responded,  "We  have  some proposed  regulations  that                                                              
we've been working on, yes, that deal with supervision, yes."                                                                   
                                                                                                                                
CHAIRMAN  STEVENS  asked,  "Are   they  ready  to  be  adopted  as                                                              
regulations now, then?"                                                                                                         
                                                                                                                                
MS. HARTZ replied, "No. I would say  we still want to work on them                                                              
some more."                                                                                                                     
                                                                                                                                
SENATOR TORGERSON  said he didn't  care what they had,  he thought                                                              
it should  be in the  bill. "Supervised  delegation" would  be one                                                              
fix  for defining  the  level of  personnel  you can  do this  to.                                                              
"Right now it's wide open."                                                                                                     
                                                                                                                                
CHAIRMAN STEVENS asked  about the concept of section  5 going into                                                              
affect once the regulations are promulgated.                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  replied that's  the  main  reason for  the                                                              
bill. The  nurses have  the regulations, but  there is  nothing in                                                              
statute saying they could adopt them.                                                                                           
                                                                                                                                
SENATOR AUSTERMAN  said the Board  currently has the  authority to                                                              
write regulations.                                                                                                              
                                                                                                                                
MS. HARTZ replied, "Not regarding  delegation of authority and yet                                                              
it's  being  done  daily currently  in  public  health  hospitals,                                                              
clinics."                                                                                                                       
                                                                                                                                
SENATOR DAVIS asked if the unlicensed  personnel were certified to                                                              
work in  a hospital. Someone indicated  they aren't. She  asked if                                                              
they could  cover the  issue by limiting  the authority  to people                                                              
who are employed by the facility.                                                                                               
                                                                                                                                
SENATOR  AUSTERMAN said  that a hospital  could  use a janitor  in                                                              
that instance.                                                                                                                  
                                                                                                                                
MS. HARTZ responded  that it was professionally  inappropriate for                                                              
an RN to delegate in an inappropriate  or unsafe manner. They have                                                              
been telling people  while they are in this gray  area of practice                                                              
to please  go by  appendix D in  the back  of the statutes,  which                                                              
deals completely  with delegation and licenses to  personnel. They                                                              
would like  to refine  that and that  is what  she meant  when she                                                              
said they didn't have those regulations ready to go.                                                                            
                                                                                                                                
CHAIRMAN STEVENS  asked if  this practice  has already  been going                                                              
on, why do they need it in statute.                                                                                             
                                                                                                                                
MS. HARTZ replied  that was a good question and  the Nursing Board                                                              
was under the  misapprehension that nurses had  that authority all                                                              
along and that's why that appendix  was written in 1993. The Board                                                              
submitted regulations  to the Department  of Law and  were advised                                                              
them and the Attorney General that that needed to be in statute.                                                                
                                                                                                                                
CHAIRMAN  STEVENS   asked  if  there's  liability   involved  with                                                              
administering any  sort of tests, does the liability  trail follow                                                              
the  delegation  of   authority  and  has  anyone   ever  sued  an                                                              
institution for having an adverse reaction to a drug.                                                                           
                                                                                                                                
MS.  HARTZ replied  that  it is  the nurse's  responsibility.  Her                                                              
license would  be at  stake if something  like that happened.  The                                                              
three categories of unlicensed assistive  personnel are identified                                                              
as follows:                                                                                                                     
                                                                                                                                
     Those  who nurses  supervise and to  whom they  delegate                                                                   
     some activities  to, those who nurses teach,  but do not                                                                   
     supervise to  those who are  not directly or  indirectly                                                                   
     supervised or taught by nurses.                                                                                            
                                                                                                                                
SENATOR TORGERSON said he thought  they should adopt the suggested                                                              
language  and that  would clarify  the whole  thing. He  suggested                                                              
replacing section 5 with some of the language.                                                                                  
                                                                                                                                
SENATOR TORGERSON  moved a conceptual  amendment on page  60 where                                                              
the  unlicensed  assisted  personnel  is defined.  There  were  no                                                              
objections and that amendment was adopted.                                                                                      
                                                                                                                                
MS. NANCY DAVIS,  Chief, Public Health Nursing,  supported HB 276,                                                              
because  it brings  a number  of  protections to  the public.  The                                                              
language  is good  in terms  of licensure  and it  makes a lot  of                                                              
sense  for them  to look  carefully at  endorsement licensure  and                                                              
making sure  that there  are current  competencies. They  are also                                                              
supportive of the delegation of nursing  functions, because it's a                                                              
critical element  of nursing practice  already. It's  essential to                                                              
rural health care, especially in  this state, in that there aren't                                                              
licensed practitioners in all the  villages and there are a lot of                                                              
health care that needs to occur through delegation.                                                                             
                                                                                                                                
MS.  PATRICIA   SENNER,  President,  Alaska   Nurses  Association,                                                              
supported SB 283.  She said over the past 10 years  there has been                                                              
an increase in the number and type  of ancillary unlicensed health                                                              
care  workers  that RNs  and  LPNs  delegate  duties to  and  have                                                              
oversite over the work they perform.                                                                                            
                                                                                                                                
     It  is imperative  that  we  have regulations  from  the                                                                   
     Board of  Nursing covering delegation of  nursing tasks.                                                                   
     Nurses  rarely hire  or train  the unlicensed  personnel                                                                   
     they  are required  to work  with,  yet their  employers                                                                   
     require  them to  make sure  these  persons perform  the                                                                   
     tasks delegated  to them in a safe and  accurate manner.                                                                   
     Because  these individuals are  unlicensed, there  is no                                                                   
     regulatory   body   overseeing    their   training   and                                                                   
     competency.                                                                                                                
                                                                                                                                
In terms of the definition of unlicensed  assistive personnel, she                                                              
said, there  are family  members  who are hired  under the  Choice                                                              
program who  take care  of the  patient and  in those cases,  they                                                              
would come under the authority of  a registered nurse. It would be                                                              
different than a  family member doing this out of  the goodness of                                                              
their  heart. She  didn't know  if  there was  wording saying  the                                                              
caregiver had to be employed.                                                                                                   
                                                                                                                                
SENATOR TORGERSON was looking at  the statute and said that it was                                                              
silent on that issue. Maybe they needed to think about that.                                                                    
                                                                                                                                
REPRESENTATIVE WILSON said the fact  that it's not mentioned means                                                              
that it would mean anyone, whether they were employed or not.                                                                   
                                                                                                                                
SENATOR TORGERSON said:                                                                                                         
                                                                                                                                
     That's not what  this says. Not to belabor  it. It says,                                                                   
     'The  term   also  includes,  but  is  not   limited  to                                                                   
     orderlies, assistants,  attendants and technicians.  For                                                                   
     the  purposes of  this delegation  criteria,  unlicensed                                                                   
     and assistive  personnel do  not include family  members                                                                   
     of the client immediate family  or guardians. So we have                                                                   
     to change  that to  say "may include"  if we want  to be                                                                   
     inclusive.                                                                                                                 
                                                                                                                                
MS. REARDON asked  why they need to go any further  than the first                                                              
sentence of that definition, which says:                                                                                        
                                                                                                                                
     Unlicensed assistive  personnel are individuals  who are                                                                   
     not  authorized to  perform nursing  acts or tasks  that                                                                   
     are regulated  by the Board  of Nursing except  pursuant                                                                   
     to legal delegation by a nurse.                                                                                            
                                                                                                                                
SENATOR TORGERSON  proposed amendment  #2 to  delete "do  not" and                                                              
insert "may".                                                                                                                   
                                                                                                                                
     The Board is  going to have to define it  anyway because                                                                   
     those regulations  were wrong  for what they  were doing                                                                   
     for delegation  to people who were home and  were family                                                                   
     members.  If they're  delegating  that  now, that  can't                                                                   
     happen because they would be under the same law.                                                                           
                                                                                                                                
CHAIRMAN STEVENS asked why the regulations  do not include members                                                              
of the client's immediate family.                                                                                               
                                                                                                                                
MS. REARDON  replied that this  language never became  regulation,                                                              
so it didn't go through the legal  review process. "These are just                                                              
an advisory opinion of the Board of Nursing."                                                                                   
                                                                                                                                
She said  the reason it didn't  include family members  is because                                                              
of the last sentence, which says:                                                                                               
                                                                                                                                
     Family   members  and  guardians   have  performed   and                                                                   
     continue  to perform these  activities without  specific                                                                   
     delegation.                                                                                                                
                                                                                                                                
     I suspect they were trying not  to constrict what family                                                                   
     members  could  do,  since the  rest  of  this  advisory                                                                   
     opinion puts constraints and  guidelines and rules about                                                                   
     the delegation.                                                                                                            
                                                                                                                                
She thought  they were trying to  say for family members  it could                                                              
be a more flexible system.                                                                                                      
                                                                                                                                
CHAIRMAN TORGERSON  said they don't  write laws or  regulations by                                                              
saying  historically   this  is   what  happens.  His   conceptual                                                              
amendment left the last sentence out.                                                                                           
                                                                                                                                
CHAIRMAN  STEVENS  asked  if  there were  any  objections  to  the                                                              
conceptual amendment.                                                                                                           
                                                                                                                                
TAPE 11, SIDE B                                                                                                               
                                                                                                                                
SENATOR DAVIS  said they  shouldn't put  family members  in there,                                                              
because  they  could  come  back  on the  nurses.  "How  can  they                                                              
supervise them if they're doing it  at home. The nurses are in the                                                              
hospitals working…"                                                                                                             
                                                                                                                                
SENATOR TORGERSON  said he thought  the family members  were being                                                              
paid, which  is a  big difference  and he  didn't think  they were                                                              
performing procedures.                                                                                                          
                                                                                                                                
MS. SENNER said that was the point she was making.                                                                              
                                                                                                                                
     Family members  are trained  by nurses and other  health                                                                   
     care  professionals to  do all kinds  of advanced  care,                                                                   
     giving I.V.s  or someone comes home on a  respirator and                                                                   
     the  family member  takes care  of  the respirator.  The                                                                   
     issue only comes into play when  they are hired, such as                                                                   
     under  the Choice program  and then  they do come  under                                                                   
     the authority of a nurse.                                                                                                  
                                                                                                                                
She thought  they should say:  "Unlicensed assistive  personnel or                                                              
individuals who are hired to perform health care services."                                                                     
                                                                                                                                
You would have the employment part in there, too.                                                                               
                                                                                                                                
SENATOR  TORGERSON said  they  could do  that  by regulation.  His                                                              
objective  was to define  the personnel  and he  thought they  had                                                              
done that  by adopting the definitions.  There is still  clearly a                                                              
role for the  Board of Nursing to play and the  regulatory process                                                              
to implement this law.                                                                                                          
                                                                                                                                
CHAIRMAN  STEVENS  said  there  were   no  further  objections  to                                                              
amendment #2 and it was adopted.                                                                                                
                                                                                                                                
REPRESENTATIVE WILSON supported the amendments.                                                                                 
                                                                                                                                
SENATOR  TORGERSON moved  to pass  SCSHB  276(L&C) from  committee                                                              
with individual  recommendations. There were no  objections and it                                                              
was so ordered.                                                                                                                 
                                                                                                                                
         SB 265-PHYSICIAN ASSISTANTS/NURSE PRACTITIONERS                                                                    
                                                                                                                                
CHAIRMAN STEVENS announced SB 265 to be up for consideration.                                                                   
                                                                                                                                
SENATOR  DONALD   OLSON,  sponsor  of   SB  265,  said   it  names                                                              
physicians'  assistants  as  bonafide health  care  providers.  He                                                              
said:                                                                                                                           
                                                                                                                                
     As a  physician, I have  used physician assistants  many                                                                   
     times, especially those that  are experienced - are very                                                                   
     good  resources to  be depending  on  especially out  in                                                                   
     rural Alaska  where many of them are by  themselves. The                                                                   
     reason I presented  this is because I feel  in order for                                                                   
     them to be recognized by the  health insurance industry,                                                                   
     the health  maintenance organizations  and other  health                                                                   
     care delivery entities out there  - that they need to be                                                                   
     equivalent to other providers  there so they can be paid                                                                   
     and  continue on unencumbered  by other  aspects of  the                                                                   
     health  care  delivery  system.   That  is  why  I  have                                                                   
     submitted this bill.                                                                                                       
                                                                                                                                
     Section  1  amends  AS 09.55.560(1)  to  add  "physician                                                                   
     assistant"  to  the  definitional   clause  for  medical                                                                   
     liability  statutes.  Section   2  similarly  amends  AS                                                                   
     21.36.090(d)  to  include  "physician  assistant"  as  a                                                                   
     provider that may not be unfairly  discriminated against                                                                   
     by  a  health  insurance  company,   health  maintenance                                                                   
     organization  or  other  health  delivery  organization.                                                                   
     Section 3  responds to a  third request of  the academy.                                                                   
     It is to allow physician assistants  to provide proof of                                                                   
     eligibility  for a  special,  disabled veterans  license                                                                   
     plate  and  for  issuance  of a  parking  permit  for  a                                                                   
     handicapped   or   disabled   person.   Eligibility   is                                                                   
     currently  provided  by  only  physicians  and  advanced                                                                   
     nurse practitioners.                                                                                                       
                                                                                                                                
MR. ED HALL,  Physician Assistant representing the  Alaska Academy                                                              
of Physician  Assistants,  supported Senator  Olson's comments  on                                                              
the resolution. He  said the question was raised  whether this was                                                              
an  attempt by  physician assistants  to  become independent  from                                                              
physicians and said:                                                                                                            
                                                                                                                                
     I wanted to assure the committee  that that's absolutely                                                                   
     and in  no way accurate.  All this  is is a request  for                                                                   
     recognition as  a licensed provider  in the state  to be                                                                   
     included  in the  statute…. We  don't feel  as if  we've                                                                   
     been excluded  for anything vindictive or  anything, but                                                                   
     I think these  statutes were actually written  years ago                                                                   
     before   physician   assistants  were   a   recognizable                                                                   
     treating provider  within the state. So I  think this is                                                                   
     more of a  housecleaning type of thing and  bringing the                                                                   
     current statutes up to date…                                                                                               
                                                                                                                                
MS. SUSAN  MASON-BONTUSE, Executive  Director, Sunshine  Community                                                              
Health Center, supported SB 265.  They are a mid-level clinic with                                                              
four  physician  assistants  providing  primary care  in  a  rural                                                              
setting. They are  working under a collaborative  agreement with a                                                              
doctor in Wasilla.                                                                                                              
                                                                                                                                
     These  providers  are critical  to the  on-going  health                                                                   
     care of  residents in the  communities that we  serve as                                                                   
     well  as  to  the on-going  functioning  of  our  health                                                                   
     center.  Because  our current  statutes  do not  include                                                                   
     physician  assistants  in  the listing  of  health  care                                                                   
     providers, we periodically have  our billing for medical                                                                   
     services  by these  medical  providers  denied by  third                                                                   
     party  payers…This can represent  a significant  barrier                                                                   
     to  health  care.  This  can  represent  a  barrier  for                                                                   
     individuals with health insurance  as well as to clinics                                                                   
     in  terms  of  being  able  to  maximize  our  potential                                                                   
     remedies - particularly for  small rural health clinics…                                                                   
                                                                                                                                
MR.  JOHN  RILEY,  Chairman,  Alaska   Primary  Care  Association,                                                              
supported SB 265. They exist to provide  support to clinicians who                                                              
serve patients regardless of their ability to pay.                                                                              
                                                                                                                                
     P.A.s  provide  a  significant   share  of  health  care                                                                   
     services in small communities  in rural Alaska and there                                                                   
     are several  rural clinics that are staffed  exclusively                                                                   
     by  P.A.s.   There  are   many  examples  of   insurance                                                                   
     companies  who   are  refusing  to  reimburse   services                                                                   
     provided  by the  P.A.s  because of  not  being on  this                                                                   
     list.  This  may  require  insured  patients  to  travel                                                                   
     outside their communities to  obtain needed health care.                                                                   
     So  ironically  this creates  a  barrier to  access  for                                                                   
     insured patients. We urge the  committee to approve this                                                                   
     legislation and remedy this oversight…                                                                                     
                                                                                                                                
MS. ELIZABETH RIPLEY, Director, Community  Health Planning, Valley                                                              
Hospital, fully  supported SB 265  and explained that  P.A.s staff                                                              
local physician  offices in  Wasilla and  Palmer. They  also staff                                                              
rural  clinics such  as Sunshine  Community Health  Center in  the                                                              
Upper Susitna Valley.                                                                                                           
                                                                                                                                
     Especially in  our rural areas, these P.A.s  work out of                                                                   
     sense of  mission and they  provide services  where most                                                                   
     doctors  would not choose  to set up  a practice  due to                                                                   
     [indisc] and  volume of patients. So, the  mid-levels in                                                                   
     terms  of the P.A.s  are a  critical piece  of our  mid-                                                                   
     level providers.  This is especially important  in light                                                                   
     of the health care workforce shortage.                                                                                     
                                                                                                                                
SENATOR  LEMAN moved  to pass  CSSB 265(TRA)  from committee  with                                                              
individual recommendations.  There were  no objections and  it was                                                              
so ordered.                                                                                                                     
                                                                                                                                
           HB 274- WORKERS' COMP: HEARING/MEDICAL EXAM                                                                      
                                                                                                                                
CHAIRMAN STEVENS announced HB 274 to be up for consideration.                                                                   
                                                                                                                                
MS. RENIEVA  MOSS, Staff to  Representative Coghill, said  that HB
274 does two basic things.                                                                                                      
                                                                                                                                
     It  changes   a  statute   that  currently  requires   a                                                                   
     physician  who performs an  IME to  reside in the  state                                                                   
     that he  is licensed  in. HB 274  changes it so  that he                                                                   
     would be  required to be licensed  in the state  that he                                                                   
     performs the  examination in.  The second thing  it does                                                                   
     is  provides that  if an  injured worker  has a  medical                                                                   
     condition that is not receiving  medical treatment, that                                                                   
     injured  worker can  request an  expedited hearing  from                                                                   
     the Workers  Comp Board. At  the point of  that request,                                                                   
     it would be up to the staff  of Workers' Compensation to                                                                   
     determine if  there is a need for medical  attention and                                                                   
     if they  make that determination,  they may  schedule an                                                                   
     expedited  hearing.   Under  the  existing   system,  an                                                                   
     average  hearing takes about  138 days  to be heard.  If                                                                   
     there  is   a  medical  condition  that   needs  medical                                                                   
     attention,  138 days  can make  a lot  of difference  in                                                                   
     whether  or not  that injured  worker  will recover.  It                                                                   
     just  gives  the Workers'  Comp.  Board a  mechanism  to                                                                   
     prioritize   Workers'  Comp.   cases  and  to   expedite                                                                   
     hearings if medical attention is not being received.                                                                       
                                                                                                                                
MS. BARBARA WILLIAMS, Alaska Injured Workers Association, urged                                                                 
them to reconsider the amendments they have requested.                                                                          
                                                                                                                                
     The offerings  that you  have made  to workers are  very                                                                   
     inadequate. I  would like offer you some  information so                                                                   
     that  you  can  make some  informed  changes  that  will                                                                   
     benefit  workers and  not insurers.  Workers  understand                                                                   
     the need  the insured employers  have to have  the right                                                                   
     to examine  workers by their own doctors.  We understand                                                                   
     insurers and  employers want and need a  second opinion.                                                                   
     This  would be  an excellent  check and  balance if  the                                                                   
     language were  adjusted to indicate more  protection for                                                                   
     workers.  What  that  would  look  like  is  a  licensed                                                                   
     physician  licensed in  the state  of Alaska.  Licensing                                                                   
     held in Alaska [indisc] for  Workers' Compensation. When                                                                   
     we leave  the state  and we  use physicians outside  the                                                                   
     state, they  do not know  the requirements for  Workers'                                                                   
     Compensation  under  the  state. This  would  mean  that                                                                   
     physicians  flying   to  Alaska  must  be   licensed  to                                                                   
     practice  in this  state. Additionally,  physicians  not                                                                   
     licensed outside the state would  provide [indisc] proof                                                                   
     of  license   and  bond  in  the  state   in  which  the                                                                   
     examination occurs. Any sanctions  must be noted and the                                                                   
     workers  informed before  the  examination commences.  A                                                                   
     panel  of  physicians must  be  approved by  the  Alaska                                                                   
     Workers'  Compensation Board  before  an employee  would                                                                   
     have to submit  to this examination. Right  now in their                                                                   
     second  independent medical  process they  have over  40                                                                   
     doctors. That's  the most doctors they have  ever had in                                                                   
     a panel since I've been working  with workers informally                                                                   
     for  four  years  and  over the  fifteen  years  I  have                                                                   
     actively been doing this.                                                                                                  
                                                                                                                                
     Most workers  are subject to  panels of physicians  with                                                                   
     many different  specialties.  Currently, workers do  not                                                                   
     have the  ability to appoint  panels of doctors.  In the                                                                   
     mean time,  the workers are  subject to [indisc]  mental                                                                   
     psychiatric examinations  and have no idea  that they're                                                                   
     being seen for these types of  mental diagnosis. There's                                                                   
     also  no legal  requirement  for anybody  to produce  or                                                                   
     read  our medical  records  for injured  workers.  Often                                                                   
     insurers  hire  nurse  case managers  to  summarize  the                                                                   
     medical  records or  pass the information  along to  the                                                                   
     independent  medical  examiner.  We have  found  through                                                                   
     independent research that workers  have questioned these                                                                   
     doctors   and   discovered   the   independent   medical                                                                   
     evaluators  had never  looked at their  records in  some                                                                   
     cases. The  legal requirement  is only attached  for the                                                                   
     Board  to have to  arrange for  the second opinion  that                                                                   
     the employer pays for.                                                                                                     
                                                                                                                                
     A  little known  fact about  this is that  the fees  and                                                                   
     services  are under  the reasonable  and customary  fees                                                                   
     schedule  and an  opinion only  has a  billable rate  of                                                                   
     $350. Any other  fee must be approved by  the Board. If,                                                                   
     in  fact,  the  insurers [indisc]  fees  that  begin  at                                                                   
     $1,200 and are  moving up into the tens of  thousands of                                                                   
     dollars.                                                                                                                   
                                                                                                                                
     Ensurers  are able  to manipulate the  medical care  the                                                                   
     injured   workers  receive.   There   is  currently   no                                                                   
     protection for workers in this area.                                                                                       
                                                                                                                                
     There needs to also be a legal  requirement that all the                                                                   
     records that will be relative  the client be reviewed by                                                                   
     the independent  medical evaluator.  There is  currently                                                                   
     no such  regulation for independent medical  evaluators.                                                                   
     If an employee refuses an examination,  a hearing should                                                                   
     be held  to conclude if the  employee had a  good reason                                                                   
     for  not submitting  to the examination.  In some  cases                                                                   
     that I'm very familiar with,  employees have to struggle                                                                   
     to fight to get childcare if  they don't have someone to                                                                   
     take care  of their children  while they must  leave the                                                                   
     state for these independent medical evaluations.                                                                           
                                                                                                                                
MS.  WILLIAMS   also  explained   that  people  with   little                                                                   
cognitive brain  injuries could  experience barriers  such as                                                                   
reading, language  and cultural  barriers absolutely  have no                                                                   
protection  and they have  found that  Alaska has the  lowest                                                                   
paid attorneys representing employees.                                                                                          
                                                                                                                                
CHAIRMAN STEVENS informed her that she was addressing issues                                                                    
outside of the bill that was before the committee.                                                                              
                                                                                                                                
MS. WILLIAMS concluded that she didn't support the legislation                                                                  
because it doesn't offer adequate protection for workers.                                                                       
                                                                                                                                
2:50 p.m.                                                                                                                     
MS. LAURA JACKSON, Claims Manager, University of Alaska,                                                                        
said that HB 274 proposed two changes to the Workers                                                                            
Compensation Act.                                                                                                               
                                                                                                                                
     The  first   is  that   all  physicians  performing   an                                                                   
     examination  requested by the  employer or the  board be                                                                   
     licensed  to practice  medicine in  the jurisdiction  in                                                                   
     which the examination occurs.  Although this requirement                                                                   
     does not impose  that same requirement on  the employee,                                                                   
     I could think  of no adjuster or board member  who would                                                                   
     object to  this requirement. On  the contrary, it  is in                                                                   
     the best interests of all [indisc]…                                                                                        
                                                                                                                                
     The  problematic  area  of  the  proposed  amendment  is                                                                   
     section 2 regarding the expedited  hearings. It has been                                                                   
     noted  that  the  Board  does not  have  a  member  with                                                                   
     medical  expertise.  I  believe it  would  be  extremely                                                                   
     difficult to find a competent  medical expert willing to                                                                   
     volunteer this  significant amount of time  for the work                                                                   
     this amendment would generate.                                                                                             
                                                                                                                                
     During public  testimony, Paul  Grossi, the Director  of                                                                   
     the  Alaska  Workers  Compensation  Board,  advised  the                                                                   
     Board it relies  on a lot of medical  expertise involved                                                                   
     [indisc]. "Doctors'  testimony and doctors'  reports and                                                                   
     doctors'  depositions." I  would like  to point out  the                                                                   
     expedient time frame would preclude  the development and                                                                   
     provision of  such information  for the board's  use and                                                                   
     consideration. In other words,  they would only have the                                                                   
     information   from  the   employee's   doctor  with   no                                                                   
     independent  inputs  -  not  even from  the  boards  own                                                                   
     independent examination.                                                                                                   
                                                                                                                                
     According to statistics generated  by the Alaska Workers                                                                   
     Compensation  Board,  the  vast majority  of  work  comp                                                                   
     claims are  handled quickly by adjusters. There  is only                                                                   
     a  very  small  percent,  possibly  about  1%,  where  a                                                                   
     concern arises  regarding coverage. I might  note in the                                                                   
     Act it requires clear evidence  in the possession of the                                                                   
     adjuster  in  order  to  controvert   a  claim.  If  the                                                                   
     coverage is  clearly questionable, how can  the employer                                                                   
     now be  denied their  due process?  For that is  exactly                                                                   
     what  is being  proposed in  this  amendment. This  will                                                                   
     increase   litigation  by  denying   the  adjuster   the                                                                   
     opportunity  to have an  independent medical  evaluation                                                                   
     that  can  clear  up  the  issue   and  allow  continued                                                                   
     coverage   without   litigation   and   by   encouraging                                                                   
     countless   more  cases  to   have  expedited   hearings                                                                   
     followed  by  inevitable  appeals.   The  cost  of  this                                                                   
     amendment is incalculable.                                                                                                 
                                                                                                                                
     First, the Board will have a  greatly increased workload                                                                   
     to handle these hearings and  the litigation, which will                                                                   
     follow. Second,  the employer  will be forced  into what                                                                   
     may have  been the unnecessary  litigation of  a hearing                                                                   
     and  possible  appeal.  This would  have  a  devastating                                                                   
     impact  on   the  cost  and  availability   of  Workers'                                                                   
     Compensation Insurance in the state of Alaska.                                                                             
                                                                                                                                
     I have  been here during  a number  of ups and  downs in                                                                   
     the   insurance    market.   Post   [indisc]    Workers'                                                                   
     Compensation  Insurance  has  become so  expensive  that                                                                   
     it's  nearly unavailable  already,  especially to  small                                                                   
     employers. I  am convinced the increased cost  of claims                                                                   
     caused by  the amendment will have a  devastating affect                                                                   
     on the availability  of insurance and the  ability to do                                                                   
     business and employ workers in the state of Alaska.                                                                        
                                                                                                                                
     Finally, may I ask you to imagine  for a moment that you                                                                   
     go home tonight and hear a knock  on your door. You open                                                                   
     the door  to find  a person there  wearing a neck  brace                                                                   
     and  with their  arm  in a  sling.  They  hand you  some                                                                   
     papers  and  tell  you,  'I fell  in  your  driveway  on                                                                   
     Tuesday. No  one was home at  the time. I wanted  to let                                                                   
     you know that  I'm injured and by the way  there will be                                                                   
     a trial  regarding it  in two weeks.'  Do you think  you                                                                   
     would  be  ready?  Do  you  think  you  would  have  due                                                                   
     process? Thank you.                                                                                                        
                                                                                                                                
MS. JACKSON concluded that she was  speaking against the expedited                                                              
hearings in section 2.                                                                                                          
                                                                                                                                
MR.  DAVID TWEDEN  said  he is  an injured  worker  and wanted  to                                                              
comment on the independent medical  evaluations. In his case there                                                              
was a big difference  in opinions on his percentage  of impairment                                                              
and he thought there should be some  sort of checks and balance to                                                              
see if the injured  worker was favored or the  insurance adjuster.                                                              
"The  fees  should  be customary  and  usual,  not  the  insurance                                                              
adjuster  paying  these  independent  doctors  a  huge  amount  of                                                              
money."                                                                                                                         
                                                                                                                                
CHAIRMAN  STEVENS  said  he appreciated  his  comments  about  the                                                              
independent evaluators.                                                                                                         
                                                                                                                                
MR. TWEDEN added that he knows from  his first independent medical                                                              
evaluation that  the doctor  was from Oregon  and flies  to Alaska                                                              
all the time to do the independent  medical evaluations. He didn't                                                              
know if he was  licensed to practice in the state  and that should                                                              
concern everybody.                                                                                                              
                                                                                                                                
MS. MURLENE  WILKES said she has  been a licensed  Alaska adjuster                                                              
since 1965  and has grave concerns  over section 2. She  said that                                                              
Mr.  Grossi  has  assured  everyone that  this  section  would  be                                                              
applied in  a very limited fashion  and carefully. She  didn't see                                                              
any reason  to add that  section and  objected to the  broad based                                                              
language, which  appears to circumvent  the intent of  AAC 45.070.                                                              
She understands it  was recommended because in  some cases failure                                                              
to  authorize medical  treatment has  caused physical  harm to  an                                                              
employee. She reminded them:                                                                                                    
                                                                                                                                
     The ability to deny a controversial  work place incident                                                                   
     injury  has  become  just  next  to  impossible  and  to                                                                   
     controvert  a   claim  requires  "substantial   evidence                                                                   
     supporting the position of the controversion.                                                                              
                                                                                                                                
MS. WILKES  said that even though  the definition of  injury under                                                              
AS 23.30.395 does not include mental  injury or mental stress, now                                                              
because of the  Harris Eastlake versus State of  Alaska case, they                                                              
just  simply  cannot  deny mental  claims  without  going  through                                                              
extremely costly investigation and  medical testing. While that is                                                              
going on, they have to pay.                                                                                                     
                                                                                                                                
She  said that  most employees  have decent  health coverage,  but                                                              
those who  don't often have VA  benefits or qualify  for Medicaid.                                                              
If the  claim is controverted,  these other  systems will  kick in                                                              
once  they receive  a copy  of the  controversion  notice. If  the                                                              
controversion is overturned, those payments are reimbursed.                                                                     
                                                                                                                                
     I  feel  the  amendments  along   with  recently  passed                                                                   
     regulations  on hearings  is simply  a matter to  create                                                                   
     work for  a second and new  panel of board  positions in                                                                   
     Southcentral.                                                                                                              
                                                                                                                                
She noted that a number of big decisions  came down from the board                                                              
in  2000  and 2001  -  Gary  Richardson  v. University  of  Alaska                                                              
Fairbanks,  Devita Gray  v.  State of  Alaska,  Laurie Walters  v.                                                              
State, to name a few.                                                                                                           
                                                                                                                                
MS.  WILKES   said  that  the   board  members  are   not  medical                                                              
professionals   and,   "To  assume   that   they   could  make   a                                                              
determination of physical harm seems in credulous to me."                                                                       
                                                                                                                                
She urged them to  not pass the bill, but if they  did, to make it                                                              
absolutely clear.                                                                                                               
                                                                                                                                
MS.  SUSAN  DANIELS,  Northern  Adjusters,   said  that  they  are                                                              
concerned  on behalf  of their  insurers with  the conflicts  that                                                              
exist with section 2 and the existing  provisions of Workers Comp.                                                              
Act and regulations in terms of the  discovery. They are concerned                                                              
about the cost to  employers and the board to add  staff and to be                                                              
such a broad  presentation. She urged that the  legislature oppose                                                              
this section  and at least  reconsider specifying a  much narrower                                                              
focus.  Once  a  claim  is disputed,  there  needs  to  be  enough                                                              
testimony and research  for the board members to  make an educated                                                              
decision of what's at stake.                                                                                                    
                                                                                                                                
MR. TIM MCKEEVER said he is an attorney  who works with a law firm                                                              
who  works  with a  lot  of employers  and  Workers'  Compensation                                                              
cases. He was concerned about section  1 because it is superfluous                                                              
and opposed section 2.                                                                                                          
                                                                                                                                
     The Medical  Board in this  state already believes  that                                                                   
     an   IME  doctor   who  does   an  independent   medical                                                                   
     examination  in the  state has  to be  licensed in  this                                                                   
     state and I believe they have  communicated that fact to                                                                   
     the Workers'  Compensation Board. I would  encourage the                                                                   
     committee to enquire of the  State Medical Board if they                                                                   
     believe the doctors  who do I.V.s for the  state have to                                                                   
     be  licensed. I  think you  find  that they  do and  the                                                                   
     first section is therefore unnecessary.                                                                                    
                                                                                                                                
MR. MCKEEVER thought:                                                                                                           
                                                                                                                                
     The  second  section  denies due  process  to  employers                                                                   
     because an expedited hearing  would be held in a fashion                                                                   
     that  does   not  permit  employers  to  have   or  take                                                                   
     advantage  of   procedures  that  the   legislature  has                                                                   
     previously  enacted which  would allow  for example  the                                                                   
     employer  to get medical  records,  to obtain a  release                                                                   
     from  the employee,  to  obtain an  independent  medical                                                                   
     evaluation   or  if  there's   a  dispute  between   the                                                                   
     employee's doctor  and the employer's doctor,  to obtain                                                                   
     a  second   independent  medical   examination.  It   is                                                                   
     virtually impossible  for an employer to defend  a claim                                                                   
     on very  short notice without  having due process  to be                                                                   
     able   to   conduct   appropriate   investigation.   The                                                                   
     standards in the act are also  very low. It would simply                                                                   
     require  a  statement from  a  physician that  a  person                                                                   
     needs  medical treatment  or they  will suffer  physical                                                                   
     harm and that  is all it would take under  this bill for                                                                   
     them to have an expedited hearing.                                                                                         
                                                                                                                                
MR.  MCKEEVER said  that  if an  expedited  hearing  results in  a                                                              
payment of  medical treatment,  under the  current version  of the                                                              
Act, the  only remedy  an employer has  to recover overpayment  of                                                              
improperly paid Workers' Compensation  benefits is to recover them                                                              
from future payments  that are paid to the same  claimant. If that                                                              
claimant is not entitled to those  future benefits, there's no way                                                              
to  get back  the cost  of  the care  that's  been provided.  "The                                                              
employer could be  paying $50 or $60,000 for a  surgical procedure                                                              
and  never be  able  to get  that  money back.  I  think that's  a                                                              
concern."                                                                                                                       
                                                                                                                                
MR. MCKEEVER continued:                                                                                                         
                                                                                                                                
     HB  274 upsets  the  balance  that the  legislature  has                                                                   
     reached   over   years   of    tweaking   the   Workers'                                                                   
     Compensation  Act.  It tilts  that balance  unfairly  in                                                                   
     favor of  the injured worker  and deprives employers  of                                                                   
     the right  of due process  and the right to  effectively                                                                   
     defend  themselves. Let  me conclude  by saying I  think                                                                   
     there may be  cases, and I'm not familiar  with any even                                                                   
     though  I've been  doing  this for  20  years, where  an                                                                   
     injured  worker has  been denied medical  care that  has                                                                   
     resulted  in permanent  physical  harm  to that  injured                                                                   
     worker.  But   if  the  legislature,  after   deliberate                                                                   
     consideration, determines that  is a problem, that there                                                                   
     are people who  have been deprived of medical  care that                                                                   
     they  really  need  to  have, then  I  think  there  are                                                                   
     alternatives to this legislation  that would protect the                                                                   
     rights   of  employers   and  protect   the  rights   of                                                                   
     employees.  Those  alternatives  include,  as  has  been                                                                   
     mentioned,  to explore other  options for payment,  such                                                                   
     as  private health  insurance, V.A.,  I.H.S. benefits  -                                                                   
     all of  which have the right  to get repaid if  the Comp                                                                   
     carriers   are   determined   to  be   responsible.   So                                                                   
     alternative forms of payment should be explored.                                                                           
                                                                                                                                
     Another alternate  may be the Second Injury  Fund, which                                                                   
     is  a fund  that exists  under the  jurisdiction of  the                                                                   
     Department   of   Labor,   which    is   paid   for   by                                                                   
     contributions,  donations,  taxes  perhaps  on  benefits                                                                   
     that are  being paid.  It is very  possible to set  up a                                                                   
     system  by  which  the  Second   Injury  Fund  would  be                                                                   
     required to  advance the cost of emergency  and urgently                                                                   
     needed  medical  care and  then  to have  the  insurance                                                                   
     carriers  pay  the  Second  Injury  Fund  back  if  it's                                                                   
     determined that the claim is compensible.                                                                                  
                                                                                                                                
     Fundamentally,  the  standard  needs  to be  higher.  It                                                                   
     shouldn't just require an injured  worker to come in and                                                                   
     say  or  have  a  doctor say  that  there's  a  risk  of                                                                   
     physical  harm.  It  should  be a  risk  of  significant                                                                   
     permanent  physical harm  rather  than relatively  miner                                                                   
     risk,  given the lack  of due  process that an  employer                                                                   
     would have under  this section if it's enacted.  I think                                                                   
     the standard for getting emergency  hearings needs to be                                                                   
     substantial.  This bill  would change  the economics  of                                                                   
     Workers' Compensation….                                                                                                    
                                                                                                                                
TAPE 02-12, SIDE A                                                                                                            
                                                                                                                              
3:12 p.m.                                                                                                                     
                                                                                                                              
MR. MCKEEVER  concluded by urging them  not to enact section  2 of                                                              
HB 274, but encouraged them to explore options.                                                                                 
                                                                                                                                
MS.   KATHY  COLLINS,   Claims  Administrator,   ARECA   Insurance                                                              
Exchange, said  they are an  insurance company for  electrical and                                                              
telephone  utilities  through  the  state  of Alaska  and  has  22                                                              
members. She said  the ARECA is also concerned with  section 2 for                                                              
all  the previously  stated  reasons.  Based on  her  18 years  of                                                              
experience as a claims adjuster,  she could not think of any cases                                                              
where physical harm resulted to an  injured worker because she had                                                              
denied medical treatment.                                                                                                       
                                                                                                                                
     My  experience is  that in cases  where there's  serious                                                                   
     physical  harm that's imminent,  those cases are  clear-                                                                   
     cut because  they are usually  tied to traumatic  injury                                                                   
     and it's obvious the injury is work related.                                                                               
                                                                                                                                
     The issue of authorization for  medical care often times                                                                   
     arises in cases where the relationship  to the condition                                                                   
     or injury is  not clear and by their very  nature, these                                                                   
     cases  require  expert  medical   review  often  by  the                                                                   
     injured  worker's  physician,  the  independent  medical                                                                   
     evaluators  who have to buy  the insurance carrying  the                                                                   
     employee and often by the [indisc] process.                                                                                
                                                                                                                                
     Calling the Board to schedule  an expedited hearing when                                                                   
     the injured  worker is  requesting medical care  doesn't                                                                   
     allow the employer due process…                                                                                            
                                                                                                                                
She summarized:                                                                                                                 
                                                                                                                                
     It's  my experience  that the situation  for which  this                                                                   
     amendment  was formulated  happens  very  rarely and  in                                                                   
     complicated  cases,  which need  time  for  preparation.                                                                   
     Furthermore, the amendment is  ambiguous and wordy as to                                                                   
     what constitutes physical harm to the injured worker.                                                                      
                                                                                                                                
MS.  CLAIRE HIRATSUKA,  Claim Manager,  Umialik  Insurance Co.,  a                                                              
small company  owned by the  North Slope Native  Corporation, said                                                              
she couldn't  think of a case  where an employee  suffered because                                                              
they  were denied  medical treatment,  but several  times she  has                                                              
scheduled a second  opinion. She has been thanked  by employee who                                                              
has  had  another  treatment  suggested  during  an  IME  and  has                                                              
benefited  from it.  She didn't know  how a  board of  non-medical                                                              
people would have the competence to decide on medical treatment.                                                                
                                                                                                                                
MR. MIKE  KLAWITTER, Director,  Risk Management, Anchorage  School                                                              
District, said  they have  about 5800  employees which  they self-                                                              
insure Workers' Comp for. "I believe  HB 274 substantially impacts                                                              
the Anchorage School District in a negative way."                                                                               
                                                                                                                                
He  echoed previous  comments regarding  the  section 2  expedited                                                              
hearings.  It negatively  impacts  the school  district and  gains                                                              
very  little for  an  employee. The  physician  licensing is  also                                                              
redundant and unnecessary.                                                                                                      
                                                                                                                                
MR.  PAUL GROSSI,  Director,  Division of  Workers'  Compensation,                                                              
said they support this bill, which is just minor changes.                                                                       
                                                                                                                                
SENATOR TORGERSON asked him to comment  on section 2 not providing                                                              
a fair  opportunity for  one of the other  parties have  their own                                                              
doctors look at them or prepare themselves for a hearing.                                                                       
                                                                                                                                
MR.  GROSSI replied  that occasionally  a  claim is  filed for  an                                                              
injury  that  occurred  a  while   back  and  there  is  need  for                                                              
discovery, but in  the vast majority of cases,  the employer files                                                              
a controversion on a claim denying a particular treatment.                                                                      
                                                                                                                                
     For  a controversion  to  be valid,  they  have to  have                                                                   
     medical evidence  or some legal basis for  that. I don't                                                                   
     understand  completely the denial  of due process  since                                                                   
     the employer  wouldn't have  denied the benefits  in the                                                                   
     first place,  unless they had done some  basic discovery                                                                   
     on medical treatment  in order to deny the  treatment in                                                                   
     the  first place.  There may  be some  instances, but  a                                                                   
     relatively small number of those cases.                                                                                    
                                                                                                                                
MR. GROSSI explained:                                                                                                           
                                                                                                                                
     Basically,  the  employee  gets injured,  they  file  an                                                                   
     injury  report, they go  to a  doctor and gets  treated,                                                                   
     the  employer can  pay or  not pay  it and  if they  are                                                                   
     questioning the claim, they'll  have the person examined                                                                   
     by a doctor of their choice.  Choice is what we've heard                                                                   
     some testimony  on and then they can either  pay or deny                                                                   
     the claim or the treatment or  the various benefits that                                                                   
     would surround that. That is  they way the vast majority                                                                   
     of the cases are dealt with.                                                                                               
                                                                                                                                
He pointed out that  the law doesn't say that you  have to have an                                                              
examination.                                                                                                                    
                                                                                                                                
SENATOR TORGERSON asked if this only applied to disputed claims.                                                                
                                                                                                                                
MR. GROSSI  replied yes  and that  in the  vast majority  of cases                                                              
controversions  are  not filed.  A  small  portion of  claims  are                                                              
denied and those  denials have to be based on evidence  or a legal                                                              
basis.                                                                                                                          
                                                                                                                                
SENATOR TORGERSON  asked if they  have expedited hearings  now and                                                              
if  they  do,  what  criteria  would  it  fall  under  as  far  as                                                              
notification. "What does expedited hearing actually mean?"                                                                      
                                                                                                                                
MR. GROSSI  replied that he didn't  think the board would  rely on                                                              
its  own  prognosis  or  diagnosis,  but  would  rely  on  medical                                                              
evidence and reports before they  set a hearing. The hearing would                                                              
have  some preferential  treatment  over other  standard types  of                                                              
cases.                                                                                                                          
                                                                                                                                
SENATOR TORGERSON asked  if that should be explained  in the bill.                                                              
"Should we  put a timeline  in here to  make sure that  all that's                                                              
covered?"                                                                                                                       
                                                                                                                                
MR. GROSSI  replied that  the designee  would only be  determining                                                              
whether   the  expedited   hearing   should   be  scheduled,   not                                                              
determining the  underlying decision  as to whether  these medical                                                              
benefits should be allowed or not.                                                                                              
                                                                                                                                
SENATOR TORGERSON  asked what would  happen if they  deleted "upon                                                              
request by a party" and inserted "on request by both parties".                                                                  
                                                                                                                                
MR. GROSSI replied,  "If both parties are requesting  it, then the                                                              
payment could be made."                                                                                                         
                                                                                                                                
SENATOR  TORGERSON asked  if this  was  a disputed  claim and  the                                                              
Board is helping to negotiate liability.                                                                                        
                                                                                                                                
MR.  GROSSI  replied that  mostly  there  would  be a  dispute  or                                                              
denial, so one side would want a hearing.                                                                                       
                                                                                                                                
SENATOR  TORGERSON  asked  what putting  "serious  physical  harm"                                                              
would do instead of just "physical harm".                                                                                       
                                                                                                                                
CHAIRMAN  STEVENS pointed  out that  someone mentioned  "permanent                                                              
harm".                                                                                                                          
                                                                                                                                
MR.  GROSSI said  that  would indicate  what  level  of harm  they                                                              
should be  looking for.  He said that  all cases are  important to                                                              
the individuals, but sometimes some  cases need to be heard sooner                                                              
than others  for many  different reasons. This  gives the  Board a                                                              
tool of  being able  to make those  kinds of distinctions  between                                                              
cases.                                                                                                                          
                                                                                                                                
MS. MOSS commented that this bill was heard in the House Labor                                                                  
and Commerce Committee where approximately 15 people testified in                                                               
favor of the bill. It passed the House unanimously.                                                                             
                                                                                                                                
     When  an employer  files a controversion,  they do  have                                                                   
     the medical  information to base that  controversion on.                                                                   
     So,  the   medical  information  is  available   for  an                                                                   
     expedited  hearing. All  this  intended for  is to  give                                                                   
     Workers' Comp  a vehicle to  address, and I  don't think                                                                   
     Representative Coghill would  have a problem with adding                                                                   
     the  word "serious"  to address  injuries  that are  not                                                                   
     getting medical attention.                                                                                                 
                                                                                                                                
     As  far as  the  Medical Board  is  concerned, they  may                                                                   
     think this is  redundant, but the fact of  the matter is                                                                   
     that the law  does state that the physician  only has to                                                                   
     be licensed in the state in which he resides.                                                                              
                                                                                                                                
CHAIRMAN STEVENS said that the bill needed more work before it                                                                  
could pass for committee. He thought both parties agreeing to an                                                                
expedited hearing had merit.                                                                                                    
                                                                                                                                
CHAIRMAN STEVENS adjourned the meeting at 3:30 p.m.                                                                             
                                                                                                                                

Document Name Date/Time Subjects