Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/25/2014 01:30 PM LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 211 EMPLOYMENT OF PERSONS WITH DISABILITIES TELECONFERENCED
Moved SCS CSHB 211(L&C) Out of Committee
+ HB 269 IMMUNITY FOR VOL. HEALTH CARE PROVIDER TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         March 25, 2014                                                                                         
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Dunleavy, Chair                                                                                                    
Senator Peter Micciche, Vice Chair                                                                                              
Senator Donald Olson                                                                                                            
Senator Bert Stedman                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 211(FIN)                                                                                
"An Act relating to the education and employment of individuals                                                                 
with disabilities."                                                                                                             
                                                                                                                                
     - MOVED SCS CSHB 211(L&C) OUT OF COMMITTEE                                                                                 
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 269(JUD)                                                                                
"An Act relating to immunity for health care providers who                                                                      
provide health care services voluntarily and without pay; and                                                                   
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 211                                                                                                                  
SHORT TITLE: EMPLOYMENT OF PERSONS WITH DISABILITIES                                                                            
SPONSOR(s): REPRESENTATIVE(s) MILLETT, GATTIS, HOLMES, HUGHES,                                                                  
LEDOUX, JOSEPHSON                                                                                                               
                                                                                                                                
01/21/14       (H)       PREFILE RELEASED 1/10/14                                                                               
01/21/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/14       (H)       L&C, FIN                                                                                               
02/10/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/10/14       (H)       Moved CSHB 211(L&C) Out of Committee                                                                   
02/10/14       (H)       MINUTE(L&C)                                                                                            
02/12/14       (H)       L&C RPT CS(L&C) 4DP 1NR                                                                                
02/12/14       (H)       DP: MILLETT, JOSEPHSON, REINBOLD, OLSON                                                                
02/12/14       (H)       NR: CHENAULT                                                                                           
02/18/14       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/18/14       (H)       Moved CSHB 211(FIN) Out of Committee                                                                   
02/18/14       (H)       MINUTE(FIN)                                                                                            
02/19/14       (H)       FIN RPT CS(FIN) 10DP                                                                                   
02/19/14       (H)       DP: GUTTENBERG, EDGMON, GARA, MUNOZ,                                                                   
                         THOMPSON, T.WILSON, HOLMES, COSTELLO,                                                                  
02/19/14       (H)       STOLTZE, AUSTERMAN                                                                                     
02/24/14       (H)       TRANSMITTED TO (S)                                                                                     
02/24/14       (H)       VERSION: CSHB 211(FIN)                                                                                 
02/26/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/26/14       (S)       L&C                                                                                                    
03/25/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 269                                                                                                                  
SHORT TITLE: IMMUNITY FOR VOL. HEALTH CARE PROVIDER                                                                             
SPONSOR(s): REPRESENTATIVE(s) THOMPSON                                                                                          
                                                                                                                                
01/21/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/14       (H)       HSS, JUD                                                                                               
02/13/14       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
02/13/14       (H)       Moved CSHB 269(HSS) Out of Committee                                                                   
02/13/14       (H)       MINUTE(HSS)                                                                                            
02/17/14       (H)       HSS RPT CS(HSS) NT 5DP                                                                                 
02/17/14       (H)       DP: SEATON, PRUITT, KELLER, TARR,                                                                      
                         HIGGINS                                                                                                
02/26/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/26/14       (H)       Heard & Held                                                                                           
02/26/14       (H)       MINUTE(JUD)                                                                                            
02/28/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/28/14       (H)       Moved CSHB 269(JUD) Out of Committee                                                                   
02/28/14       (H)       MINUTE(JUD)                                                                                            
03/03/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/03/14       (H)       Moved CSHB 269(JUD) Out of Committee                                                                   
03/03/14       (H)       MINUTE(JUD)                                                                                            
03/05/14       (H)       JUD RPT CS(JUD) NT 7DP                                                                                 
03/05/14       (H)       DP: MILLETT, LEDOUX, PRUITT, FOSTER,                                                                   
                         GRUENBERG, LYNN, KELLER                                                                                
03/14/14       (H)       TRANSMITTED TO (S)                                                                                     
03/14/14       (H)       VERSION: CSHB 269(JUD)                                                                                 
03/17/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/14       (S)       L&C                                                                                                    
03/25/14       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
VASILIOS GIALOPSOS, Staff                                                                                                       
Representative Charisse Millett                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced HB 211 on behalf of the sponsor.                                                               
                                                                                                                                
REPRESENTATIVE STEVE THOMPSON                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 269.                                                                                        
                                                                                                                                
JANE PIERSON, Staff                                                                                                             
Representative Steve Thompson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided supporting  information on HB 269 on                                                             
behalf of the sponsor.                                                                                                          
                                                                                                                                
RANDY SWEET, Director of Health Impact                                                                                          
United Way of Anchorage                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 269.                                                                           
                                                                                                                                
DR. JULIE ROBINSON, DDS                                                                                                         
Alaska Dental Society and                                                                                                       
Alaska Mission of Mercy                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 269.                                                                           
                                                                                                                                
DR. DAVID LOGAN, DDS, Legislative Chair                                                                                         
Alaska Dental Society                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Offered supporting  information related to HB                                                             
211.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:21 PM                                                                                                                    
CHAIR  MIKE  DUNLEAVY  called  the   Senate  Labor  and  Commerce                                                             
Standing Committee meeting  to order at 1:33 p.m.  Present at the                                                               
call to order  were Senators Olson, Stedman,  and Chair Dunleavy.                                                               
Senator Micciche arrived soon thereafter.                                                                                       
                                                                                                                                
         HB 211-EMPLOYMENT OF PERSONS WITH DISABILITIES                                                                     
                                                                                                                                
1:33:58 PM                                                                                                                    
CHAIR DUNLEAVY  announced the  consideration of  HB 211.  "An Act                                                               
relating  to the  education and  employment  of individuals  with                                                               
disabilities." He noted  that this was the first  hearing but the                                                               
committee  previously  heard  the  companion  bill  sponsored  by                                                               
Senator McGuire. [CSHB 211(FIN) was before the committee.]                                                                      
                                                                                                                                
1:34:13 PM                                                                                                                    
SENATOR STEDMAN moved conceptual Amendment 1.                                                                                   
                                                                                                                                
                          AMENEMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                   BY SENATOR STEDMAN                                                                 
          TO:  CSHB 211(FIN), Version "P"                                                                                       
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete: "State"                                                                                                       
          Insert: "Education"                                                                                                   
                                                                                                                                
CHAIR DUNLEAVY objected for an explanation.                                                                                     
                                                                                                                                
SENATOR  STEDMAN explained  that  it's a  technical amendment  to                                                               
correctly recognize the Secretary of Education.                                                                                 
                                                                                                                                
CHAIR  DUNLEAVY   removed  his  objection.  Finding   no  further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
1:35:04 PM                                                                                                                    
VASILIOS  GIALOPSOS,  Staff,   Representative  Charisse  Millett,                                                               
introduced HB 211  on behalf of the sponsor.  He highlighted that                                                               
the bill  was the companion  to SB  163 that the  committee heard                                                               
several weeks ago.  He explained that the intent of  HB 211 is to                                                               
make  Alaska  an employment  first  state,  which is  a  national                                                               
movement  for   all  state  agencies  to   work  toward  gainful,                                                               
integrated  employment  for  persons with  disabilities.  Studies                                                               
show  that  this  lowers  public health  costs  while  helping  a                                                               
vulnerable population to self-actualize.                                                                                        
                                                                                                                                
He noted  the differences between HB  211 and SB 163.  On page 1,                                                               
line  15, language  was  added  to clarify  that  in addition  to                                                               
gainful  employment, a  school district's  primary objective  and                                                               
preferred  outcome  also  includes  enrollment  in  postsecondary                                                               
education.  Subsection  (c) in  Section  2  was also  amended  to                                                               
eliminate  the   provision  that   required  the   Department  of                                                               
Education and Early Development (DEED),  to collect data that was                                                               
already being collected by the  Department of Labor and Workforce                                                               
Development (DOLWD).  Eliminating this  redundancy did  away with                                                               
the fiscal impact to DEED so all the fiscal notes are zero.                                                                     
                                                                                                                                
SENATOR OLSON asked if there was any opposition to the bill.                                                                    
                                                                                                                                
MR.  GAIALOPSOS  said  there was  one  individual  who  expressed                                                               
concern but other than that,  there has been overwhelming support                                                               
for the bill.                                                                                                                   
                                                                                                                                
CHAIR DUNLEAVY opened public testimony.                                                                                         
                                                                                                                                
1:38:53 PM                                                                                                                    
RICH  SANDERS,  Staff,  Governor's Council  on  Disabilities  and                                                               
Special  Education and  Program Coordinator,  Division of  Senior                                                               
and  Disabilities  Services,  Department  of  Health  and  Social                                                               
Services (DHSS), said he was available for questions.                                                                           
                                                                                                                                
CHAIR DUNLEAVY closed public testimony and solicited a motion.                                                                  
                                                                                                                                
1:39:31 PM                                                                                                                    
SENATOR STEDMAN moved  to report CS for HB 211,  as amended, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY  announced  that   without  objection,  SCS  CSHB                                                               
211(L&C) moved from the Senate Labor and Commerce Committee.                                                                    
                                                                                                                                
1:39:56 PM                                                                                                                    
At Ease                                                                                                                         
                                                                                                                                
         HB 269-IMMUNITY FOR VOL. HEALTH CARE PROVIDER                                                                      
                                                                                                                                
1:41:22 PM                                                                                                                    
CHAIR  DUNLEAVY   reconvened  the   meeting  and   announced  the                                                               
consideration of HB 269."An Act relating  to immunity for health                                                               
care providers  who provide health care  services voluntarily and                                                               
without pay; and  providing for an effective date."  This was the                                                               
first hearing. [CSHB 269(JUD) was before the committee.]                                                                        
                                                                                                                                
1:41:54 PM                                                                                                                    
REPRESENTATIVE STEVE THOMPSON,  Alaska State Legislature, Juneau,                                                               
Alaska, sponsor  of HB 269,  introduced the bill speaking  to the                                                               
following sponsor statement:                                                                                                    
                                                                                                                                
     HB   269  was   drafted  due   to  liability   concerns                                                                    
     surrounding  an  inaugural   Alaska  Mission  of  Mercy                                                                    
     (AKMOM) event  organized by the Alaska  Dental Society,                                                                    
     and  scheduled  in  Anchorage this  coming  April.  The                                                                    
     Mission  of Mercy  program was  started by  a group  of                                                                    
     dentists  thirteen  years  ago  in  Virginia.  The  MOM                                                                    
     programs provide  free dental  care to  local residents                                                                    
     who  would  not  otherwise have  access  to  affordable                                                                    
     dental care. To  date, the Mission of  Mercy Program in                                                                    
      Alaska has 187 dentist volunteers, seven from out-of-                                                                     
     state.  The  AKMOM  program will  provide  extractions,                                                                    
     fillings  and cleanings  as  well  as other  procedures                                                                    
     that  can  be  appropriately  performed  in  a  mission                                                                    
     setting.  Out-of-State  dental  professionals  will  be                                                                    
     licensed to  provide pro  bono services  under courtesy                                                                    
     licenses  issued   by  the   Alaska  Board   of  Dental                                                                    
     Examiners.   A   courtesy    license   is   a   medical                                                                    
     professional  license  issued  by  the  Board  for  the                                                                    
     purposes  of  providing  free  services  and  enforcing                                                                    
     state disciplinary provisions.                                                                                             
                                                                                                                                
     The  problem is  that there  is no  clear answer  as to                                                                    
     whether  an out-of-state  dental professional  issued a                                                                    
     courtesy  license  is   covered  under  Alaska  Statute                                                                    
     09.65.300.  AS  09.65.300 provides  statutory  immunity                                                                    
     against  civil   damages  resulting  from  an   act  or                                                                    
     omission of  a health  care provider who  provides free                                                                    
     health  care  services,  within   the  scope  of  their                                                                    
     license.  Under AS  09.65.300  a  patient must  receive                                                                    
     written  notice  of this  immunity  as  well as  giving                                                                    
     informed   consent  before   any  medical   service  is                                                                    
     provided. Under  AS 09.65.300  patients still  have the                                                                    
     right  to sue  the medical  provider for  civil damages                                                                    
     resulting  from  the  provider's gross  negligence,  or                                                                    
     reckless or intentional misconduct.                                                                                        
                                                                                                                                
     Unfortunately,  it  is  unclear whether  these  out-of-                                                                    
     state dental professionals,  participating in the AKMOM                                                                    
     event qualify under AS  09.65.300, the Volunteer Health                                                                    
     Care  Provider  Immunity  Act  of  2004.  The  original                                                                    
     purpose  of the  statute  was to  allow retired  Alaska                                                                    
     physicians to volunteer  their services. The Department                                                                    
     of  Law  opines  that  the  meaning  of  the  law  will                                                                    
     ultimately have to be interpreted in a court case.                                                                         
                                                                                                                                
     HB 269  will clarify AS 09.65.300,  ensuring that civil                                                                    
     immunity  is  extended  to these  out-of-state  medical                                                                    
     professionals  who  are   licensed  to  provide  dental                                                                    
     services in  Alaska during the Mission  of Mercy Event,                                                                    
     without  having   the  issue  come  before   a  lengthy                                                                    
     proceeding before the Court.                                                                                               
     Please join Representative Thompson in supporting this                                                                     
     legislation.                                                                                                               
                                                                                                                                
SENATOR  THOMAS advised  that  the bill  was  amended to  provide                                                               
clarity as to how AS  09.65.300 applies to chiropractors, nurses,                                                               
physicians,  and  dentists  who  are  issued  temporary  courtesy                                                               
medical licenses  in order  to provide  free medical  services to                                                               
Alaskans. Sideboards were  also added to ensure  that the consent                                                               
is  given in  writing and  that  a person  receiving health  care                                                               
service is given the name of  a health care provider in the state                                                               
to contact for emergency follow-up  care within 30 days. He noted                                                               
that this  Mission of  Mercy event  will be  held April  11-12 in                                                               
Anchorage.  The expectation  is  that 2,000  people will  receive                                                               
care.                                                                                                                           
                                                                                                                                
1:44:49 PM                                                                                                                    
SENATOR MICCICHE joined the committee.                                                                                          
                                                                                                                                
CHAIR DUNLEAVY asked if there was a fiscal note.                                                                                
                                                                                                                                
JANE  PIERSON,  Staff,  Senator   Steve  Thompson,  Alaska  State                                                               
Legislature, Juneau, Alaska, said there  are two fiscal notes and                                                               
both are zero.                                                                                                                  
                                                                                                                                
SENATOR  OLSON  asked  what  other   health  care  providers  are                                                               
included in the bill.                                                                                                           
                                                                                                                                
SENATOR THOMAS  replied the  bill was  amended to  give temporary                                                               
licenses to chiropractors, nurses, physicians, and dentists.                                                                    
                                                                                                                                
SENATOR OLSON asked if nurse  aides, pharmacists, and pharmacists                                                               
technicians were included.                                                                                                      
                                                                                                                                
MS. PIERSON replied there may be  an exception for nurse aides if                                                               
they're working under a registered nurse.                                                                                       
                                                                                                                                
1:47:45 PM                                                                                                                    
RANDY SWEET, Director of Health  Impact, United Way of Anchorage,                                                               
Anchorage, Alaska, testified  in support of HB  269. She reported                                                               
that an actuary  study said that 20.6 percent of  Alaskans do not                                                               
have  health   insurance.  The  current  Volunteer   Health  Care                                                               
Provider Immunity  Act gives protection  to Alaska  providers who                                                               
volunteer  to help  vulnerable Alaskans  and many  have benefited                                                               
from these donated services. She  asked the committee to build on                                                               
this  success by  allowing professionals  from  other states  who                                                               
have an Alaska  temporary courtesy license to  donate health care                                                               
services under  the protections that  are given to  Alaska health                                                               
care providers.                                                                                                                 
                                                                                                                                
1:49:09 PM                                                                                                                    
Dr.  JULIE  ROBINSON,  DDS,  Alaska  Dental  Society  and  Alaska                                                               
Mission  of Mercy  (MOM), testified  in  support of  HB 269.  She                                                               
reported that  they currently have  1,454 volunteers to  meet the                                                               
Mission of Mercy goal of serving  2,000 Alaskans in two days. She                                                               
emphasized that  HB 269 offers important  immunity protections to                                                               
individuals who have generously made  an effort to come to Alaska                                                               
to donate  their services and  to those military members  who are                                                               
taking  their  day off  to  provide  health care  to  underserved                                                               
residents.                                                                                                                      
                                                                                                                                
1:52:04 PM                                                                                                                    
DR. DAVID  LOGAN, DDS, Legislative Chair,  Alaska Dental Society,                                                               
stated support for HB 211 and offered to answer questions.                                                                      
                                                                                                                                
SENATOR MICCICHE  asked him  to discuss the  Mission of  Mercy so                                                               
that Alaskans could understand why the bill is important.                                                                       
                                                                                                                                
DR. LOGAN said this will be the  first attempt to do a mission of                                                               
mercy  in Alaska.  It's taken  two years  to develop  the mission                                                               
because it's  very complicated  to box and  ship what  amounts to                                                               
the  typical  dental  operatory   for  a  temporary  purpose.  He                                                               
discussed the recognized  need for more dental care  and the fact                                                               
that many  Alaskans find it  financially inaccessible.  Having an                                                               
event that can get people in  and deal with their dental problems                                                               
is very  important for  the community,  he said.  The plan  is to                                                               
move the event to other locations  in the state because there's a                                                               
recognized need  statewide. The immunity  offered in HB 269  is a                                                               
valuable addition  to military personnel and  individuals who are                                                               
coming from other states to donate their services.                                                                              
                                                                                                                                
SENATOR MICCICHE  summarized the plan in  Anchorage and described                                                               
the effort as a commendable service to Alaskans.                                                                                
                                                                                                                                
1:56:47 PM                                                                                                                    
SENATOR OLSON asked if he served on the dental board.                                                                           
                                                                                                                                
DR. LOGAN said yes, he served as president for three years.                                                                     
                                                                                                                                
SENATOR OLSON asked how dentists  are screened to eliminate those                                                               
with questionable pasts.                                                                                                        
                                                                                                                                
DR. LOGAN  replied that it's a  matter of an electronic  query to                                                               
any license a  person has and then there's a  background check in                                                               
case  somebody neglects  to  disclose a  license  they have.  The                                                               
requirements vary with  the profession, but for  the dental board                                                               
the participants  must have an  unblemished disciplinary  past in                                                               
any state they've held a license.                                                                                               
                                                                                                                                
SENATOR OLSON  asked if the  dentistry databank was  national and                                                               
equivalent to the one for physicians.                                                                                           
                                                                                                                                
DR.  LOGAN  confirmed that  there  was  a national  database  for                                                               
dentists, but  he wasn't sure if  it ran in parallel  or was part                                                               
of the same system as for physicians.                                                                                           
                                                                                                                                
CHAIR  DUNLEAVY  announced  he  would hold  HB  269  for  further                                                               
consideration, and public testimony would remain open.                                                                          
                                                                                                                                
1:58:56 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Dunleavy  adjourned the Senate Labor  and Commerce Standing                                                               
Committee meeting at 1:58 p.m.                                                                                                  

Document Name Date/Time Subjects
HB211_OppositionLetter_Roberts.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB0211C.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB 211- Sponsor Statement.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
CSHB211 Explanation of Changes.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB 211 Fiscal Note-DEED-02-19-14.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB211 Fiscal Note-DHSS-CDDG-02-05-14.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB211 Fiscal Note-DOA-DOP-02-07-14.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB211 Fiscal Note-DOLWD-CS-02-07-14.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB 211 Supporting Document-Governor's Council on Disabilities and Special Education Summary of HB 211.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB 211 Supporting Document-SILC Letter of Support.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB 211 Supporting document-State Employment Leadership Network Report.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB211_OppositionLetter_Roberts.pdf SL&C 3/25/2014 1:30:00 PM
HB 211
HB 269 - Bill version A.pdf HHSS 2/13/2014 3:00:00 PM
SL&C 3/25/2014 1:30:00 PM
SL&C 3/27/2014 1:30:00 PM
HB 269