Legislature(1997 - 1998)
03/18/1997 01:34 PM Senate L&C
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SENATE LABOR AND COMMERCE COMMITTEE
March 18, 1997
1:34 P.M.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Jerry Mackie, Vice Chairman
Senator Mike Miller
Senator Tim Kelly
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
Confirmation Hearing
Board of Dental Examiners
Dr. James Arneson - Kodiak
Dr. James Clark - Anchorage
Board of Physical Therapy and Occupational Therapy Board
Mr. Lawrence Seethaler - Anchorage
Ms. Dee Berline - Anchorage
Ms. Cary Keller - Fairbanks
SENATE BILL NO. 90
"An Act relating to dental licensing; extending the termination
date of the Board of Dental Examiners; and providing for an
effective date."
- HEARD AND HELD
SENATE BILL NO. 91
"An Act relating to the regulation of physical therapists and
physical therapy assistants; extending the termination date of the
State Physical Therapy and Occupational Therapy Board; and
providing for an effective date."
- MOVED CSSB 91(L&C) OUT OF COMMITTEE
SENATE BILL NO. 115
"An Act repealing certain requirements relating to posting and
reporting of prices paid for salmon."
- MOVED SB 115 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 90 - No previous action to consider.
SB 91 - No previous action to consider.
SB 115 - No previous action to consider.
WITNESS REGISTER
Ms. Catherine Reardon, Director
Division of Occupational Licensing
Department of Commerce and Economic Development
P.O. Box 110806
Juneau, AK 99811-0806
POSITION STATEMENT: Supported SB 90.
Ms. Mary Veale
Physical Therapist
Juneau, AK
POSITION STATEMENT: Supported SB 91.
Ms. Pauline Bennett-Gannon, President
Alaska Occupational Therapy Association
1076 Willow Grouse Rd.
Fairbanks, AK 99712
POSITION STATEMENT: Supported SB 91.
Mr. Rick Lauber
Pacific Seafood Processors Association
321 Highland Dr.
Juneau, AK 99801
POSITION STATEMENT: Supported SB 115.
Mr. Jerry McCune
United Fishermen of Alaska
211 4th, #112
Juneau, AK 99801
POSITION STATEMENT: Supported SB 115.
Ms. Annette Kreitzer, Staff
Senator Leman
State Capitol Bldg.
Juneau, AK 99811-1182
POSITION STATEMENT: Commented on SB 90.
ACTION NARRATIVE
TAPE 97-12, SIDE A
Number 001
CHAIRMAN LEMAN called the Senate Labor and Commerce Committee
meeting to order at 1:34 p.m. and said they would have the
confirmation hearings for the Board of Dental Examiners.
DR. JAMES ARNESON, Kodiak, said he has practiced dentistry for over
13 years and has been an examiner for the State since 1993. He
believes that all Alaskans deserve to receive the very best
possible dental care. He said active involvement by Alaskan Board
members in the testing agency assures our input into their
decisions and he will continue to stay involved.
CHAIRMAN LEMAN asked if there were any controversial issues before
the Board, like licensing by credentials, that the legislature
should be aware of. MR. ARNESON replied that he is a proponent of
licensing by credentials because he believes that more access to
care by experienced clinicians is of value for our State's
residents. He believes the Board is working hard to create a
regulation that will be workable with the public.
SENATOR MACKIE noted that he was originally appointed by Governor
Hickel and asked him how he felt about the current makeup of the
Board. MR. ARNESON said he believed they have a good group with a
wide range of views and regional balance.
CHAIRMAN LEMAN thanked him for his comments and said they would
take up SB 90 soon and invited him to listen and comment.
DR. JAMES CLARK, Anchorage, said he went to school at the
University of Oregon and was a general dentist for six years, three
of those were in Anchorage for the Public Health Service. He later
went into a specialty practice as an oral surgeon, training at the
University of Michigan. He has been in Anchorage about 20 years
and thought they have a good Board now and he is willing to serve
for the benefit of his profession.
CHAIRMAN LEMAN asked if there were any controversial issues the
legislature should be aware of. DR. CLARK replied that they are
working towards making their credentialing process a little more
flexible and they have a bill submitted for public comment in the
next couple of meetings.
SB 90 DENTISTS: LICENSING & EXTEND EXAMINING BD
MS. CATHERINE REARDON, Director, Division of Occupational
Licensing, said the bill before the Committee is the extension of
the termination date of the Board of Dental Examiners to the year
2003 (matching the audit), although the Committee has expressed
interest in having four year extension dates instead. Section two
also reflects an audit suggestion to increase the number of public
members to two from one. Presently it is a nine member board, one
public member, two dental hygienists, and six dentists. This bill
would reduce it to five dentists, two public members, and two
dental hygienists. Section five has transition language. Section
three removes the requirement that a photograph be submitted with
the application. Section four puts flexibility into statute in
terms of licensure by credentials although they were told a few
years ago they didn't have statutory authority to give them
flexibility. Current statute says that requirements in our State
have to match the requirements in the state the person is coming
from. What usually arises with dentistry is that not all states
offer the same dental exam. She said we use the Western Region
Exam. The subject matter that tends to come up is endodontics
which has to do with gums and root canals. So California, for
instance, doesn't test on endodontics and we do. The problem has
been that people coming in from those states can't say that their
state had licensing requirements that were generally equivalent to
this state. She thought Legislative Audit's language means to say
if you are dismissing part of the test, if the Board doesn't
believe the licensing requirements are equivalent in the other
jurisdiction because certain subject matter is not included in the
other tests, there are other ways of making it up. One could do
some continuing education, in endodontics, for instance.
Her opinion is that however it is resolved, either by statute or
regulation, it would be to the benefit of Alaska if there were a
way to test people coming into Alaska without them having to face
entirely retaking their Boards which is very challenging 10 years
out of dentist school.
Number 220
SENATOR MACKIE moved on page 1, line 5 to delete "2003" and insert
"2001." There were no objections and it was so adopted.
SENATOR MACKIE asked for the rationale for going to five members
versus six and two versus one for the public members. MS. REARDON
explained that it was the desire to have two public members instead
of one which meant reducing the number of dentists to keep the nine
member board.
DR. ARNESON said the only problem he has with the five versus six
dentist members is that the Western Regional Examining Board (WREB)
requires dentists' and hygienists' input when they do tests - up to
16 or more per year and they pay the bill. They have to go down as
providers to the tests two or three times per year. To make sure
Alaska is represented it would be nice to have a dentist go to each
test. Having one less dentist would make it difficult to have
input. It is a big time commitment, but it is an important part of
their involvement as examiners.
MS. REARDON elaborated that Alaska is part of the Western Region
Examining Board consortium; there are other consortiums. We don't
offer the dental exam in Alaska because we have no dental schools
and the Board expects its different member states to help with the
development and administration of the exam.
MR. RANDY WELKER, Legislative Auditor, explained that the reason
they suggested adding a public member is because it is a large
board and they have always promoted the concept of having a public
disinterested member on the board. On this particular board he saw
high absenteeism by the public member and felt it could support two
public members. He said there has been a lot of controversy with
the Dental Board and he thought that public representation is
critical. He didn't see a problem with the swap and it's his
policy approach when public members are added not to not increase
the overall size of the board. In the past they felt the public's
representation hadn't been there.
SENATOR MACKIE asked when that would take effect. MR. WELKER said
there is a transitional provision replacing the next vacancy on the
Board in a dental position. So it doesn't require the removal of
a member.
SENATOR MACKIE asked if it would affect any current nominees. MR.
WELKER replied no because the effective date is July 1, 1997.
CHAIRMAN LEMAN said he was concerned if the Administration has not
filled the existing public member position. The absenteeism
argument rings hollow for him until that public member is replaced.
MS. REARDON responded that the Governor's Office is attempting to
fill vacancies as quickly as able.
Number 380
DR. ARNESON responded that the lady they had was a really
thoughtful and useful board member when she was there, but it was
easy for her to not be present and she resigned in December before
her term was up. His concern was that the public members were not
as interested in dental issues as the professionals. This is why
he would like to maintain the six dentist members. He thought they
could find dentists with diverse views.
MS. REARDON commented that many boards do have two public members.
She hasn't had a problem with filling the WREB trip Outside at this
point. MR. ARNESON replied that's because of people like him who
make three trips a year on top of their Board meetings. MS.
REARDON acknowledged that was true.
SENATOR MACKIE said he would like to know from the Administration
why they haven't appointed someone to the one public member seat
that's there now and he'd like to hear whether is significant
interest from the public, because he didn't want to end up with two
vacant seats.
CHAIRMAN LEMAN directed Ms. Reardon to get an answer from the
Governor's Office regarding when the public seat would be filled.
He set aside SB 90 until her return.
Number 410
CHAIRMAN LEMAN said next they would take up the Board of Physical
Therapy and Occupational Therapy.
DR. LARRY SEETHALER, a reappointment, said he was a 20-year
resident of Alaska and has practiced physical therapy the whole
time he has been here. He said he would be willing to serve a
second term and is the current chairman. He thought his services
would be useful in the protection of the public with issues of
competency, licensing, and evaluating physical therapists for
licensure.
There were no questions from the Committee.
MR. SEETHALER said that Ms. Berline has served at only one meeting
so far and seems competent and has good input.
SENATOR KELLY said that she was his neighbor for 10 years and he
would recommend her.
DR. SEETHALER said that Dr. Keller has served the same time he has
and has been a real asset to the Board and indicated he would be
willing to serve a second term.
CHAIRMAN LEMAN thanked everyone for their comments and said their
confirmations would be taken up in a joint session of the
legislature within the next two months.
SB 91 PHYSICAL THERAPY AND OCCUPATIONAL THERAPY
CHAIRMAN LEMAN announced SB 91 to be up for consideration.
MR. WELKER said it proposes two basic changes to statute. Section
1 has the extension date of 2003. Section 2 makes a minor
correction change to the requirements for licensure. Statute
requires that applicants pass an oral examination, for which
English must be understood, administered by a Board member. These
tests were being administered to Canadians who mostly speak English
which seemed a little excessive. It was thought best to leave it
to the discretion of the Board.
SENATOR MACKIE moved on page 1, line 7 to delete "2003" and insert
"2001." There were no objections and it was so adopted.
MS. MARY VEALE, Alaska Chapter of the Physical Therapy Association,
supported SB 91.
MS. PAULINE BENNETT-GANNON, Occupational Therapist, testified that
she had drafted amendments to SB 91 and reviewed them for the
Committee. She said they didn't need the AMA information because
AMA no longer approves the curriculum for occupational or physical
therapists. It is now done by the American Occupational Therapy
Association and the American Physical Therapy Association.
MR. SEETHALER said he had no problems with the changes to the bill
suggested by Ms. Bennett-Gannon.
MS. REARDON said she also had no problems with the suggested
changes.
MR. WELKER said that he was neutral.
SENATOR MACKIE moved to adopt amendment #2, adding Occupational
Therapists and Occupational Therapy Assistants to the title
amendment. There were no objections and it was so adopted.
SENATOR MACKIE asked if amendment #3 changed the requirement to one
accreditation of either the AMA or the Occupational Association.
He moved to adopt the amendment. There were no objections and it
was so adopted.
TAPE 97-12, SIDE B
SENATOR MACKIE moved to adopt amendment #4.
MS. REARDON said the Department suggested, in response to the
audit, that requiring the test of English, in case someone is
denied a license after an interview at which the Board just said
they didn't think they could effectively speak English, is better
than having the Board giving an oral exam. An oral test is very
subjective and there may be challenges. She noted that there are
very few of our occupations for which the ability to speak English
is required. It's not mentioned of doctors and dentists.
SENATOR MACKIE said if they were challenged because they denied a
license to someone who couldn't communicate with their patients, he
would welcome that.
CHAIRMAN LEMAN said he thought this was something the Board could
deal with by regulation if it wanted to identify how it conducts
that interview and what procedure is used.
There were no objections to amendment #4 and it was so adopted.
SENATOR MACKIE moved to adopt amendment #5. There were no
objections and it was so adopted.
SENATOR MACKIE moved to pass CSSB 91(L&C) from Committee with
individual recommendations and the accompanying $0 fiscal note.
There were no objections and it was so ordered.
SB 115 DISCLOSURE OF SALMON PRICES
CHAIRMAN LEMAN announced SB 115 to be up for consideration.
SENATOR MACKIE said he was asked by the UFA to introduce this
legislation. He explained that requiring fish prices to be posted
by processors seemed like a good idea, at first, but it doesn't
work because it's difficult for processors to post firm prices
until well into the season without being exposed to serious
business risks. This is primarily because of the uncertainty of
harvest volumes along with volatility of salmon markets. As a
consequence the price quote was usually at an absolute minimum
until wholesale market price could be determined. He said he knew
of no opposition to the bill.
Number 546
MR. RICK LAUBER, Pacific Seafood Processors Association, supported
SB 115. They opposed the original bill, not because they had
problems with it, but because it could be potentially harmful and
send the wrong message (a beginning low price) to the market. The
original bill contained a good provision providing for an
independent body to attempt to determine what the market conditions
were prior to the season and the University of Alaska does this.
MR. JERRY MCCUNE, United Fishermen of Alaska, said there was a lot
of confusion among the user groups and thanked Senator Mackie for
introducing this bill.
SENATOR KELLY asked if fishermen negotiated individually with
buyers. MR. MCCUNE replied that everybody gets the same price
unless a group of fishermen might cut a special deal for a special
market. SENATOR KELLY said he was concerned that some of the less
business oriented fishermen could be taken advantage of. SENATOR
MACKIE explained that if the price is posted, the final price never
really comes out till the end of the season. MR. MCCUNE said in
Cordova on the Copper River the price might change every hour or
two, because they fish for 24 hours. The price on the fresh market
is changing, but the price on the wholesale market in Bristol Bay
where they are frozen and sent to Japan might not be determined
until they get the final price. He explained that posting just
alerts everybody else, including everyone in Japan, about where the
price is going to end up. It doesn't create any competitive
situation at all.
SENATOR MACKIE moved to pass SB 115 from Committee with individual
recommendations and a $0 fiscal note. There were no objections and
it was so ordered.
CHAIRMAN LEMAN announced SB 90 to be back before the Committee. H
informed them that Ann McCoy resigned on December 2, 1996.
MS. REARDON confirmed that and said she was an appointee from the
previous administration and reported that Ms. Cindy Smith, Boards
and Commissions, said she had two people under consideration for
public seats. MS. REARDON explained that people don't necessarily
apply to be public members on a specific board, they generally
apply to be public members.
SENATOR KELLY said that over the years he has come to distrust the
public board membership stuff, anyway. The idea that someone is
supposed to represent the public who knows nothing about the
particular occupation or industry doesn't make a lot of sense to
him, he said. SENATOR MILLER agreed with Senator Kelly.
SENATOR MILLER moved to delete sections 2 and 5 and anything that
deals with the additional board member. There were no objections
and it was so adopted.
MS. ANNETTE KREITZER, Staff to Senator Leman, said the next
amendment parallels some of the language that is found in medical
statutes under 08.64.326 (8)a and speaks to the Board not basing a
finding of failing to conform to professional standards of
dentistry solely on the grounds that the dentist practices
unconventional or experimental dentistry and adds sections 6 and 7.
CHAIRMAN LEMAN said he understood this to be consistent with Title
8 regarding doctors and he asked if the Board now brings
disciplinary action against dentists who espouse unconventional
practices with the replacement of mercury fillings. MS. REARDON
said she researched this last year and at that time the Board had
never charged anyone with incompetence based on replacing mercury
fillings.
SENATOR KELLY assured them that this was a controversial issue in
past sessions.
CHAIRMAN LEMAN announced that the Committee would hold the bill
over with the pending amendment until the next meeting and
adjourned the meeting at 2:45 p.m.
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