02/14/2006 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB244 | |
| SB222 | |
| SB177 | |
| SB255 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 177 | TELECONFERENCED | |
| *+ | SB 255 | TELECONFERENCED | |
| += | SB 244 | TELECONFERENCED | |
| += | SB 222 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 14, 2006
1:35 p.m.
MEMBERS PRESENT
Senator Con Bunde, Chair
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
Senator Johnny Ellis
Senator Bettye Davis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 244
"An Act prohibiting unfair discrimination against an
acupuncturist; amending the definition of 'provider' as it
relates to authorized collective negotiations by physicians
affecting the rights of providers under health benefit plans;
and providing for an effective date."
MOVED SB 244 OUT OF COMMITTEE
SENATE BILL NO. 177
"An Act eliminating the requirement that persons using titles or
descriptions of services that incorporate the terms
'psychotherapy,' 'psychotherapeutic,' or 'psychotherapist' be
licensed by the Board of Psychologist and Psychological
Associate Examiners."
MOVED CSSB 177(HES) OUT OF COMMITTEE
SENATE BILL NO. 222
"An Act relating to breaches of security involving personal
information, consumer report security freezes, consumer credit
monitoring, credit accuracy, protection of social security
numbers, disposal of records, factual declarations of innocence
after identity theft, filing police reports regarding identity
theft, and furnishing consumer credit header information; and
amending Rule 60, Alaska Rules of Civil Procedure."
MOVED CSSB 222(L&C) OUT OF COMMITTEE
SENATE BILL NO. 255
"An Act extending the termination date for the Board of
Examiners in Optometry; amending the licensing endorsement
provisions for optometrists; and providing for an effective
date."
MOVED CSSB 255(L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 244
SHORT TITLE: NO DISCRIMINATION AGAINST ACUPUNCTURIST
SPONSOR(s): SENATOR(s) WAGONER
01/19/06 (S) READ THE FIRST TIME - REFERRALS
01/19/06 (S) L&C, HES
02/07/06 (S) L&C AT 1:30 PM BELTZ 211
02/07/06 (S) Heard & Held
02/07/06 (S) MINUTE(L&C)
02/14/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 177
SHORT TITLE: PRACTICE OF PSYCHOLOGY
SPONSOR(s): HEALTH, EDUCATION & SOCIAL SERVICES BY REQUEST
04/15/05 (S) READ THE FIRST TIME - REFERRALS
04/15/05 (S) HES, L&C
04/20/05 (S) HES AT 1:30 PM BUTROVICH 205
04/20/05 (S) Scheduled But Not Heard
01/25/06 (S) HES AT 1:30 PM BUTROVICH 205
01/25/06 (S) Heard & Held
01/25/06 (S) MINUTE(HES)
02/01/06 (S) HES AT 1:30 PM BUTROVICH 205
02/01/06 (S) -- Rescheduled to 02/03/06 --
02/03/06 (S) HES AT 1:30 PM BUTROVICH 205
02/03/06 (S) -- Rescheduled from 02/01/06 --
02/06/06 (S) HES RPT CS 2DP 1NR NEW TITLE
02/06/06 (S) DP: DYSON, ELTON
02/06/06 (S) NR: GREEN
02/14/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 222
SHORT TITLE: PROTECTION OF PERSONAL INFORMATION
SPONSOR(s): SENATOR(s) THERRIAULT, GUESS
01/09/06 (S) PREFILE RELEASED 12/30/05
01/09/06 (S) READ THE FIRST TIME - REFERRALS
01/09/06 (S) L&C, JUD
01/24/06 (S) L&C AT 1:30 PM BELTZ 211
01/24/06 (S) Heard & Held
01/24/06 (S) MINUTE(L&C)
02/14/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 255
SHORT TITLE: OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT
SPONSOR(s): RULES BY REQUEST OF LEG BUDGET & AUDIT
01/30/06 (S) READ THE FIRST TIME - REFERRALS
01/30/06 (S) L&C, FIN
02/14/06 (S) L&C AT 1:30 PM BELTZ 211
WITNESS REGISTER
SENATOR THOMAS WAGONER
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 244.
KATIE CAMPBELL
Life and Health Actuary
Division of Insurance
Department of Commerce, Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: Commented on SB 244.
MELANIE MILHORN, Director
Division of Retirement and Benefits
Department of Administration
PO Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Commented on SB 244.
MS. FREDA MILLER
Aetna Representative
Juneau AK 99801
POSITION STATEMENT: Commented on SB 244.
SENATOR FRED DYSON
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 177.
DAVE STANCLIFF
Staff to Senator Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 222 for co-sponsor.
WAYNE LEIGHTY
Staff to Senator Guess
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 222 for co-sponsor.
STEVE CLEARY
Alaska Public Interest Research Group (AKPIRG)
Anchorage AK
POSITION STATEMENT: Supported SB 222.
SENATOR THERRIAULT
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Co-sponsor of SB 222 and sponsor of SB 255.
SENATOR GRETCHEN GUESS
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Co-sponsor of SB 222.
TOM MAHER
Staff to Senator Gene Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 255 for the sponsor.
RICK URION, Director
Division of Corporations, Business and Professional Licensing,
Department of Commerce, Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: Supported SB 255.
PAT DAVIDSON
Division of Legislative Audit
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Supported SB 255.
ACTION NARRATIVE
CHAIR CON BUNDE called the Senate Labor and Commerce Standing
Committee meeting to order at 1:35:24 PM. Present were Senators
Johnny Ellis, Ralph Seekins, Ben Stevens and Chair Con Bunde.
Senator Bettye Davis arrived at 1:36.
1:36:19 PM
SB 244-NO DISCRIMINATION AGAINST ACUPUNCTURIST
CHAIR CON BUNDE announced SB 244 to be up for consideration.
SENATOR THOMAS WAGONER, sponsor of SB 244, explained that AS 21
only applies to employers not large enough to fund their own
health plans. This bill does not apply to individual insurance,
self-funded employer groups, government programs, Medicare,
military, federal employees or Medicaid.
1:37:50 PM
SENATOR RALPH SEEKINS asked for examples of group health care
service in Alaska.
1:39:49 PM at ease 1:40:06 PM
KATIE CAMPBELL, Life and Health Actuary, Department of Commerce,
Community & Economic Development, replied that the only non-
profit health organization Alaska has is Primera; it doesn't
have HMO's.
SENATOR SEEKINS asked if this bill would only apply to Primera.
MS. CAMPBELL replied no; it would apply to all health insurers
like Aetna.
1:41:18 PM
CHAIR BUNDE asked if the fiscal note would change with this new
information.
SENATOR WAGONER replied yes, the Division of Retirement and
Benefits fiscal note would change and join the packet on its way
through the legislature.
1:43:15 PM
SENATOR SEEKINS said he heard this should save the state money
since acupuncture can address some medical problems with cheaper
treatments. He wanted to hear what the allopathic community
thought about it.
1:46:17 PM
SENATOR BEN STEVENS asked if there would be an additional fiscal
note to the one from 2/7.
MS. MILHORN replied yes.
SENATOR BEN STEVENS asked:
In the analysis of the fiscal note provided on 2/7/06,
it says, 'Adding this provider type to the list of
covered providers under AS 21.06 would not expand
additional coverage for their services without a plan
modification.' So, am I interpreting that to say that
even if we pass this, unless the provider approves a
plan modification that it's not going to cost
anything?
MS. FREDA MILLER, Health Benefits Manager, Division of
Retirement and Benefits, replied that that fiscal note was
prepared before she learned additional information after
speaking with their third-party administrator for the health
plans.
1:48:31 PM
SENATOR SEEKINS moved SB 244 from committee with individual
recommendations and with the understanding that the new fiscal
note would catch up with it in the next committee. Senators Ben
Stevens, Davis, Ellis, Seekins and Chair Bunde voted yea; and SB
244 was moved from committee.
1:49:19 PM
SB 222-PROTECTION OF PERSONAL INFORMATION
CHAIR BUNDE announced SB 222 to be up for consideration and then
noted he would set it aside to wait for the bill's sponsor.
1:49:58 PM
SB 177-PRACTICE OF PSYCHOLOGY
CHAIR CON BUNDE announced SB 177 to be up for consideration.
SENATOR FRED DYSON, sponsor, said the administration requested
this bill allows access to third-party payments. Currently,
professional care providers who are providing very legitimate
care for patients can't use the titles that federal law requires
for them to receive Medicaid payments and those professionals
supported adding the word "psychoanalyst" to the code. The
department is already doing what the federal law requires and
this brings code into compliance with need and practice.
CHAIR BUNDE asked if there was any opposition to the bill.
SENATOR DYSON replied no.
1:53:12 PM
SENATOR RALPH SEEKINS moved to pass CSSB 177(HES) from committee
individual recommendations and attached fiscal note. Senators
Ellis, Davis, Ben Stevens, Seekins, and Chair Bunde voted yea
and CSSB 177(HES) moved from committee.
1:53:49 PM
SB 222-PROTECTION OF PERSONAL INFORMATION
CHAIR CON BUNDE announced SB 222 to be back up for
consideration.
SENATOR RALPH SEEKINS moved to adopt CS SB 222(L&C), version F.
SENATOR JOHNNY ELLIS objected for discussion purposes.
MR. WAYNE LEIGHTY, staff to Senator Therriault, co-sponsor of SB
222, testified that the first change adds law enforcement
agencies to Alaska's Department of Public Safety that is
authorized to put a temporary hold on a "Notice of Breach of
Security" while an investigation is performed. Item two conforms
language to current California law regarding how documents with
social security numbers on them are mailed.
Item three allows for situations when collection or submission
of a social security number is under state or federal law. Item
four adds language to the social security number section to
clarify that a business can require other forms of
identification to verify the identity of a person they are doing
business with. Item five, Article 8, is a new section and
requires truncation of a credit card number on all printed
receipts. Under the general provisions in Article 9 "or
conflicts" is deleted and states that federal law is preemptive.
He said they continue to work with the stakeholders
SENATOR ELLIS removed his objection and version F was adopted.
2:00:35 PM
SENATOR BUNDE asked if a driver's license could still be used.
MR. DAVE STANCLIFF, staff to Senator Therriault, co-sponsor of
SB 222, replied yes, but added that industry is finding other
ways to verify identifications, which would give those companies
the competitive edge.
2:02:57 PM
SENATOR SEEKINS said he wouldn't support this bill unless the
state was held to the same accountability standard as private
industry.
MR. LEIGHTY informed the committee that it is possible for
individuals to get credit reports and background checks
completed without using social security numbers now.
CHAIR BUNDE said the state is issuing I.D.s without social
security numbers.
2:05:34 PM
SENATOR SEEKINS said he thought this bill would change the way
he analyzes credit in his automobile dealership. But customers
should still know that their information must be accurate with
the understanding that if it isn't accurate, it constitutes
fraud and has a penalty that goes with it.
STEVE CLEARY, Alaska Public Interest Research Group (AKPIRG),
supported SB 222. He said that the Choice Point Incorporated
Company leaked a lot of personal information that exposed
consumers to identify theft about a year ago. Since that time
more than 52 million people have been put in danger of identify
theft because of security breaches. Alaska topped the nation in
fraud complaints last year with 249 per 100,000 persons
according to a Federal Trade Commission (FTC) report that also
states that identify theft has topped the list of nationwide
complaints for the sixth year in a row. The average consumer
spends about 175 hours of their own time clearing their name
after an identity theft.
MR. CLEARY said the two most important measures in SB 222
mandate that consumers be notified after a security breach,
which would allow them to freeze their credit reports. This
would at the very least minimize or even eliminate the danger of
identity theft. Twenty-seven states have filed security freeze
bills and 12 states have these laws now.
2:13:19 PM
SENATOR SEEKINS asked if the biggest threat is being able to
access someone's credit report, people leave their personal
information in many places during the course of a day. He
related that for him to rent a car in Orlando, he had to show
his driver's license that has his social security number,
address and name on it. "With those three things, you can really
get into someone's - you can steal their identity."
2:18:23 PM
SENATOR THERRIAULT agreed that it gets easier every day to
access people's information and lawmakers must try to keep up
with the new ways.
2:20:46 PM
SENATOR BEN STEVENS agreed with Senator Seekins that public
entities have to be held accountable the same as private ones.
He related how he banks, invests and pays everything online and
he went through an exercise to see how easy it would be to steal
his identity and he easily accessed his personal information
from a Virginia county tax roll, a Mat-Su borough tax roll, the
Anchorage municipality tax roll and on the state web page for
the Commercial Fisheries Entry Commission. So, where he actively
transacts in money, he couldn't get it, but in all the places he
did find it, it was related to a government entity.
2:22:28 PM
SENATOR ELLIS agreed that government must be held to high
standards. He asked if the administration had indicated it was
heading in that direction.
SENATOR GUESS also agreed that the government has to be held to
the same standard as private industry and stated that she had
received a three-page letter from the Attorney General's Office
saying that, while the state might have instances when it needs
to get a social security number, there are many instances in
which it gathers social security numbers without a legal reason.
She said, "We're trying to parse through those right now."
Other issues have arisen such as if the state should be open to
civil suits or whether it should be held to the same standard in
all instances. She said:
It is our belief that we shouldn't differentiate
between business and government. It's people who have
our personal information and those will be the
discussions that we're going to have in Senate
Judiciary.
2:24:46 PM
SENATOR SEEKINS moved to report CSSB 222(L&C), version F, from
committee with individual recommendations and attached fiscal
note. Senators Ellis, Seekins, Ben Stevens, Davis, and Chair
Bunde voted yea; and it was so ordered.
2:25:33 PM
SB 255-OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT
CHAIR CON BUNDE announced SB 255 to be up for consideration.
TOM MAHER, staff to Senator Therriault, explained that SB 255
extends the sunset date for the Board of Examiners from June 30,
2006 to June 30, 2014 as per the Legislative Audit's conclusion.
He recapped that last year the legislature passed some changes
to the sunset process. One was changing the standard sunset from
four years to not to exceed eight, although the legislature
could go with any date it wants.
Two more criteria were added to the auditor's job because
sunsets are becoming less about eliminating the entity and more
about measuring operational performance. Those criteria are the
extent to which the board or commission has effectively attained
its objectives, the efficiency with which it's operated and the
extent to which the board or commission is duplicating other
agencies' work.
On page 7 of the report, recommendation 2, recommended that the
legislature amend optometry statutes to ensure they support
current license endorsements for the diagnostic use of
pharmaceutical agents. He explained:
Currently, language provides for a single endorsement
for both prescribed and use. However, the Board of
Examiners in Optometry is issuing two types of
endorsements. The first allows a practitioner both
prescribed and use pharmaceutical agents and the
second type allows a practitioner use only. Current
law does not authorize the use-only endorsement. SB
255 corrects this situation by adding a section
authorizing a use only endorsement and also
grandfathers in the practitioners that were given that
endorsement over the years - since, I believe, 1992.
MR. MAHER noted that the Department of Commerce, Community &
Economic Development supported SB 255. The Board's response was
not clear and he hoped that would be addressed today. He said,
But our intent with the legislation is pretty simple.
We want to change the law to make current practices
legal. We want to grandfather license holders in and
make sure we don't leave any practitioners out. That
could have an impact on the number of providers
serving the public and, hopefully, maximize the number
of practitioners that can practice in Alaska.
2:30:58 PM
RICK URION, Director, Division of Corporations, Business and
Professional Licensing, supported SB 255.
CHAIR BUNDE moved to adopt Amendment 1 as follows:
On page 2, line 25 insert a new section to read:
Sec. 6 AS 08.72.181(d) is amended to read:
(d) Before a license may be renewed, the licensee
shall submit to the board evidence of [24 HOURS OF]
postgraduate continuing education instruction as
prescribed by regulations of the board. The board may
specify by regulation those circumstances under which
the requirements of this subsection may be waived.
Renumber remaining bill sections.
CHAIR BUNDE objected for discussion purposes.
MR. URION stated that the amendment was suggested by the board
and removes the 24-hour requirement for continuing education and
allows the department to do that in regulation, which is how all
other licensing programs are handled.
CHAIR BUNDE asked if the regulation would require an equal
amount of continuing education time as the statute does.
MR. URION replied yes, but that could be adjusted as necessary.
2:32:43 PM
SENATOR SEEKINS asked if the department could set up his own
rules and change them whenever it wanted to.
MR. URION replied that they are required to have continuing
education by statute, but the hours are typically set forth in
regulation and he didn't think they would be any less than what
they are now. He said that all the continuing education
requirements are consistently being made in regulation.
SENATOR SEEKINS said he didn't object to that, but the new
language looks like it would be allowing regulation to trump
statute. "So, we don't specify how many hours and they can
change it whenever they want to." He wanted to know why the
requirement for a certain numbers of hours was being deleted,
since they are providing a guideline of at least 24 hours.
MR. URION suggested that the last sentence could be deleted if
Senator Seekins would be more comfortable with that language.
CHAIR BUNDE said he wanted Mr. Stancliff's and Ms. Davidson's
reaction to the proposed amendment.
2:36:01 PM
MR. STANCLIFF responded that in general they are careful with
addressing amendments in sunset bills - because of complaints
that some have become vehicles for too much. The chair of
Legislative Budget and Audit said, because the language was
suggested by the department and because it was addressed in the
audit report and both responses from the department and the
board, he had no opposition to it. Senator Seekins' question was
new and that last sentence could be deleted.
PAT DAVIDSON, Division of Legislative Audit, explained that
having continuing education requirements is very typical.
However, often times minimum hours are not specified. Typically,
regulations detailed hours, particular courses and that sort of
thing, rather than statue. Waiving CPE requirements is not
totally uncommon for extended illness and various other things,
but is totally up to the committee whether it wants to delegate
that authority to the board.
SENATOR SEEKINS moved Amendment 1 to Amendment 1 to delete: "The
board may specify by regulation those circumstances under which
the requirements of this subsection may be waived." He did not
think it was the legislature's intent to waive the ability to
require continuing education.
There were no objections and Amendment 1 to Amendment 1 was
adopted.
CHAIR BUNDE asked if anyone objected to adopting Amendment
1(am). There were no objections and it was so ordered.
2:40:19 PM
SENATOR SEEKINS moved to report CSSB 255(L&C) from committee
with individual recommendations with the forthcoming fiscal
note. Senators Bens Stevens, Ellis, Seekins Davis, and Chair
Bunde voted yea; and it was so ordered.
CHAIR BUNDE adjourned the meeting at 2:41:25 PM.
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