04/27/2006 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| Regulatory Commission of Alaska | |
| Workers’ Compensation Appeals Board | |
| HB122 | |
| HB389 | |
| HB409 | |
| HB377 | |
| HB150 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 122 | TELECONFERENCED | |
| + | HB 409 | TELECONFERENCED | |
| + | HB 389 | TELECONFERENCED | |
| + | HB 377 | TELECONFERENCED | |
| + | HB 150 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
April 27, 2006
1:37 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
CONFIRMATION HEARINGS:
Regulatory Commission of Alaska
Janis Wilson
CONFIRMATION ADVANCED
Workers' Compensation Board
John Abshire - Wasilla
Richard Behrends - Juneau
Andrew Piekarski - Eagle River
Patricia Vollendorf - Anchorage
Lori Wing - Anchorage
CONFIRMATIONS ADVANCED
Board of Barbers and Hairdressers
Carol Hernley - Cordova
CONFIRMATION ADVANCED
Board of Chiropractic Examiners
David Mulholland - Anchorage
CONFIRMATION ADVANCED
Workers' Compensation Appeals Board
Jim Robison - Eagle River
CONFIRMATION ADVANCED
CS FOR HOUSE BILL NO. 122(FIN)
"An Act relating to certain relief concerning motor vehicle
leases, telephone services, education, utilities, state loans,
and hunting, fishing, and trapping licenses for members of the
Alaska National Guard deployed to a combat zone; relating to
reimbursement of premiums for Service members' Group Life
Insurance paid by members of the Alaska National Guard deployed
to a combat zone; and providing for an effective date."
MOVED SCS CSHB 122(L&C) FROM COMMITTEE
HOUSE BILL NO. 389
"An Act relating to tourist accommodations permits and to
penalties for failing to comply with permitting requirements;
removing a requirement that persons operating tourist
accommodations post certain laws and regulations on the
premises; and providing for an effective date."
MOVED HB 389 FROM COMMITTEE
CS FOR HOUSE BILL NO. 409(L&C)
"An Act relating to excluding qualified real estate licensees
from workers' compensation coverage."
MOVED CSHB 409(L&C) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 377(L&C) am
"An Act relating to an exemption from certain registration and
practice requirements for persons preparing drawings or
specifications related to the construction of certain buildings
and the grounds of the buildings."
MOVED SCS CSHB 377(L&C)
CS FOR HOUSE BILL NO. 150(FIN) am
"An Act requiring licensure of occupations relating to
radiologic technology, radiation therapy, and nuclear medicine
technology; and providing for an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 122
SHORT TITLE: NATIONAL GUARD INSURANCE & OTHER RELIEF
SPONSOR(s): REPRESENTATIVE(s) DAHLSTROM
02/02/05 (H) READ THE FIRST TIME - REFERRALS
02/02/05 (H) MLV, L&C, FIN
02/02/05 (H) L&C REFERRAL REMOVED
02/17/05 (H) MLV AT 1:00 PM CAPITOL 124
02/17/05 (H) Heard & Held
02/17/05 (H) MINUTE(MLV)
03/17/05 (H) MLV AT 1:00 PM CAPITOL 124
03/17/05 (H) Moved CSHB 122(MLV) Out of Committee
03/17/05 (H) MINUTE(MLV)
03/21/05 (H) MLV RPT CS(MLV) NT 6DP
03/21/05 (H) DP: THOMAS, GRUENBERG, CISSNA, ELKINS,
MCGUIRE, LYNN
03/31/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/31/05 (H) <Bill Hearing Postponed to Tues.
4/5/05>
04/05/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/05/05 (H) Heard & Held
04/05/05 (H) MINUTE(FIN)
04/06/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/06/05 (H) Moved CSHB 122(FIN) Out of Committee
04/06/05 (H) MINUTE(FIN)
04/07/05 (H) FIN RPT CS(FIN) NT 10DP 1NR
04/07/05 (H) DP: HAWKER, HOLM, FOSTER, KELLY, CROFT,
JOULE, STOLTZE, MOSES, MEYER, CHENAULT;
04/07/05 (H) NR: WEYHRAUCH
04/14/05 (H) TRANSMITTED TO (S)
04/14/05 (H) VERSION: CSHB 122(FIN)
04/15/05 (S) READ THE FIRST TIME - REFERRALS
04/15/05 (S) L&C, FIN
04/26/05 (S) L&C AT 1:30 PM BELTZ 211
04/26/05 (S) -- Meeting Canceled --
05/05/05 (S) L&C AT 1:30 PM BELTZ 211
05/05/05 (S) -- Rescheduled to 05/06/05 --
05/06/05 (S) L&C AT 1:30 PM FAHRENKAMP 203
05/06/05 (S) -- Meeting Canceled --
04/11/06 (S) L&C AT 1:30 PM BELTZ 211
04/11/06 (S) Heard & Held
04/11/06 (S) MINUTE(L&C)
04/25/06 (S) L&C AT 1:30 PM BELTZ 211
04/25/06 (S) -- Meeting Canceled --
04/27/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: HB 389
SHORT TITLE: REGULATION OF TOURIST ACCOMMODATIONS
SPONSOR(s): REPRESENTATIVE(s) COGHILL
01/23/06 (H) READ THE FIRST TIME - REFERRALS
01/23/06 (H) EDT, L&C
02/13/06 (H) EDT AT 6:00 PM CAPITOL 106
02/13/06 (H) Moved Out of Committee
02/13/06 (H) MINUTE(EDT)
02/15/06 (H) EDT RPT 4DP 1NR
02/15/06 (H) DP: COGHILL, LYNN, CRAWFORD, RAMRAS;
02/15/06 (H) NR: NEUMAN
02/24/06 (H) L&C AT 3:15 PM CAPITOL 17
02/24/06 (H) -- Meeting Canceled --
02/27/06 (H) L&C AT 3:15 PM CAPITOL 17
02/27/06 (H) Moved Out of Committee
02/27/06 (H) MINUTE(L&C)
03/01/06 (H) L&C RPT 6DP
03/01/06 (H) DP: CRAWFORD, LYNN, LEDOUX, GUTTENBERG,
ROKEBERG, KOTT
04/10/06 (H) TRANSMITTED TO (S)
04/10/06 (H) VERSION: HB 389
04/12/06 (S) READ THE FIRST TIME - REFERRALS
04/12/06 (S) L&C
04/25/06 (S) L&C AT 1:30 PM BELTZ 211
04/25/06 (S) -- Meeting Canceled --
04/27/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: HB 409
SHORT TITLE: NO WORKERS' COMP. FOR REAL EST. LICENSEE
SPONSOR(s): REPRESENTATIVE(s) LYNN
01/30/06 (H) READ THE FIRST TIME - REFERRALS
01/30/06 (H) L&C, FIN
02/27/06 (H) L&C AT 3:15 PM CAPITOL 17
02/27/06 (H) Moved CSHB 409(L&C) Out of Committee
02/27/06 (H) MINUTE(L&C)
03/01/06 (H) L&C RPT CS(L&C) 4DP 1DNP 1AM
03/01/06 (H) DP: LYNN, LEDOUX, ROKEBERG, KOTT;
03/01/06 (H) DNP: CRAWFORD;
03/01/06 (H) AM: GUTTENBERG
03/14/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/14/06 (H) Moved CSHB 409(L&C) Out of Committee
03/14/06 (H) MINUTE(FIN)
03/15/06 (H) FIN RPT CS(L&C) 2DP 6NR
03/15/06 (H) DP: FOSTER, MEYER;
03/15/06 (H) NR: STOLTZE, KERTTULA, JOULE, HOLM,
WEYHRAUCH, MOSES
04/05/06 (H) TRANSMITTED TO (S)
04/05/06 (H) VERSION: CSHB 409(L&C)
04/07/06 (S) READ THE FIRST TIME - REFERRALS
04/07/06 (S) L&C, FIN
04/25/06 (S) L&C AT 1:30 PM BELTZ 211
04/25/06 (S) -- Meeting Canceled --
04/27/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: HB 377
SHORT TITLE: EXEMPTION: RES. BLDG. DRAWINGS & SPECS
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/18/06 (H) READ THE FIRST TIME - REFERRALS
01/18/06 (H) L&C, FIN
02/24/06 (H) L&C AT 3:15 PM CAPITOL 17
02/24/06 (H) -- Meeting Canceled --
03/03/06 (H) L&C AT 3:15 PM CAPITOL 17
03/03/06 (H) Moved CSHB 377(L&C) Out of Committee
03/03/06 (H) MINUTE(L&C)
03/06/06 (H) L&C RPT CS(L&C) NT 3DP 1NR
03/06/06 (H) DP: CRAWFORD, LYNN, KOTT;
03/06/06 (H) NR: LEDOUX
03/15/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/15/06 (H) Heard & Held
03/15/06 (H) MINUTE(FIN)
03/24/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/24/06 (H) Moved CSHB 377(L&C) Out of Committee
03/24/06 (H) MINUTE(FIN)
03/27/06 (H) FIN RPT CS(L&C) NT 3DP 4NR
03/27/06 (H) DP: FOSTER, STOLTZE, MEYER;
03/27/06 (H) NR: HAWKER, WEYHRAUCH, KELLY, KERTTULA
04/20/06 (H) TRANSMITTED TO (S)
04/20/06 (H) VERSION: CSHB 377(L&C) AM
04/21/06 (S) READ THE FIRST TIME - REFERRALS
04/21/06 (S) L&C, FIN
04/25/06 (S) L&C AT 1:30 PM BELTZ 211
04/25/06 (S) -- Meeting Canceled --
04/27/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: HB 150
SHORT TITLE: LICENSING RADIOLOGIC TECHNICIANS
SPONSOR(s): REPRESENTATIVE(s) ANDERSON
02/14/05 (H) READ THE FIRST TIME - REFERRALS
02/14/05 (H) L&C, JUD, FIN
02/23/05 (H) L&C AT 3:15 PM CAPITOL 17
02/23/05 (H) Scheduled But Not Heard
03/02/05 (H) L&C AT 3:15 PM CAPITOL 17
03/02/05 (H) Heard & Held
03/02/05 (H) MINUTE(L&C)
03/18/05 (H) L&C AT 3:15 PM CAPITOL 17
03/18/05 (H) Moved CSHB 150(L&C) Out of Committee
03/18/05 (H) MINUTE(L&C)
03/22/05 (H) L&C RPT CS(L&C) 2DP 1NR 2AM
03/22/05 (H) DP: LYNN, ANDERSON;
03/22/05 (H) NR: CRAWFORD;
03/22/05 (H) AM: ROKEBERG, KOTT
03/30/05 (H) JUD AT 1:00 PM CAPITOL 120
03/30/05 (H) Heard & Held
03/30/05 (H) MINUTE(JUD)
04/06/05 (H) JUD AT 1:00 PM CAPITOL 120
04/06/05 (H) <Bill Hearing Postponed>
04/11/05 (H) JUD AT 1:00 PM CAPITOL 120
04/11/05 (H) Heard & Held
04/11/05 (H) MINUTE(JUD)
01/27/06 (H) JUD AT 1:00 PM CAPITOL 120
01/27/06 (H) Scheduled But Not Heard
02/01/06 (H) JUD AT 1:00 PM CAPITOL 120
02/01/06 (H) -- Meeting Canceled --
02/03/06 (H) JUD AT 1:00 PM CAPITOL 120
02/03/06 (H) Moved CSHB 150(JUD) Out of Committee
02/03/06 (H) MINUTE(JUD)
02/06/06 (H) JUD RPT CS(JUD) 2DP 1DNP 2NR 1AM
02/06/06 (H) DP: ANDERSON, MCGUIRE;
02/06/06 (H) DNP: WILSON;
02/06/06 (H) NR: GARA, GRUENBERG;
02/06/06 (H) AM: KOTT
02/13/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/13/06 (H) Heard & Held
02/13/06 (H) MINUTE(FIN)
02/21/06 (H) FIN AT 3:00 PM HOUSE FINANCE 519
02/21/06 (H) Moved CSHB 150(FIN) Out of Committee
02/21/06 (H) MINUTE(FIN)
02/27/06 (H) FIN RPT CS(FIN) 2DP 6NR 1AM
02/27/06 (H) DP: FOSTER, CHENAULT;
02/27/06 (H) NR: HAWKER, JOULE, STOLTZE, KERTTULA,
HOLM, MEYER;
02/27/06 (H) AM: WEYHRAUCH
04/10/06 (H) TRANSMITTED TO (S)
04/10/06 (H) VERSION: CSHB 150(FIN) AM
04/12/06 (S) READ THE FIRST TIME - REFERRALS
04/12/06 (S) L&C, FIN
04/25/06 (S) L&C AT 1:30 PM BELTZ 211
04/25/06 (S) -- Meeting Canceled --
04/27/06 (S) L&C AT 1:30 PM BELTZ 211
WITNESS REGISTER
JANIS WILSON
Anchorage AK
POSITION STATEMENT: Regulatory Commission of Alaska nominee.
HEIDI REIFENSTEIN
Staff to Representative Dahlstrom
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 122 for the sponsor.
KRISTIN RYAN, Director
Division of Environmental Health
Department of Environmental Conservation
410 Willoughby
Juneau, AK 99801-1795
POSITION STATEMENT: Supported HB 389.
NANCY MANLY
Staff to Representative Lynn
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 409 for the sponsor.
PEGGY ANN MCCHONNICHIE
Alaska Association of Realtors
Juneau AK
POSITION STATEMENT: Supported HB 409.
MIKE PAWLOWSKI
Staff to Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 377 for the sponsor.
HEATH HILYARD
Staff to Representative Tom Anderson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 150 for the sponsor.
RICK URION, Director
Division of Corporations, Businesses and Professional Licensing
Department of Commerce, Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: No position on HB 150.
CLYDE PEARCE, Inspector
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Supported HB 150.
ED HALL
Alaska Academy of Physician Assistants
Anchorage AK
POSITION STATEMENT: Supported HB 150.
ACTION NARRATIVE
CHAIR CON BUNDE called the Senate Labor and Commerce Standing
Committee meeting to order at 1:37:48 PM. Present at the call to
order were Senators Davis, Ellis, Ben Stevens, Seekins and Chair
Bunde. The Chair announced that confirmation hearings would be
the first order of business.
^CONFIRMATION HEARINGS
^Regulatory Commission of Alaska
1:42:10 PM
JANIS WILSON said she was a long-time administrative law judge
with the Regulatory Commission of Alaska (RCA) and its
predecessor, the Alaska Public Utilities Commission (APUC). She
said she had presided along with one or two FERC administrative
law judges over every federal/state joint pipeline hearing that
the APUC or the RCA held. In addition, she has presided over
utility matters at the commission. She stated that her goal
would be to do all she could so that the matters before the
commission would have a fair and expeditious process.
CHAIR BUNDE thanked her for her willingness to serve and said
her name would be forwarded to the full body for consideration
and stated this did not reflect intent to vote one way or the
other.
^Workers' Compensation Board
CHAIR BUNDE read names not present as follows and stated this
did not reflect intent to vote one way or the other:
John Abshire - Wasilla
Richard Behrends - Juneau
Andrew Piekarski - Eagle River
Patricia Vollendorf - Anchorage
Lori Wing - Anchorage
^Board of Barbers and Hairdressers
Carol Hernley - Cordova
^Board of Chiropractic Examiners
David Mulholland - Anchorage
^Workers' Compensation Appeals Board
Jim Robison - Eagle River
SENATOR SEEKINS moved to forward all the names to the full body
and stated this did not reflect the intent to vote one way or
the other. There were no objections and it was so ordered.
1:43:02 PM
CSHB 122(FIN)-NATIONAL GUARD INSURANCE & OTHER RELIEF
CHAIR CON BUNDE announced CSHB 122(FIN) to be up for
consideration.
HEIDI REIFENSTEIN, staff to Representative Dahlstrom, sponsor of
HB 122, said it supports Alaska National Guard deployed to
combat zones through reimbursement of their life insurance
premium while deployed, tuition relief and academic status
protection while deployed and upon return from deployment a one-
year complimentary license for hunting or fishing or both.
SENATOR SEEKINS moved to adopt SCS CSHB 122(L&C), version O.
There were no objections and it was so ordered.
MS. REIFENSTEIN explained changes said the committee requested
that added the section on tuition relief for attending the
University of Alaska and the Alaska Vocational Technical Center.
A one-year convalescence period was also added that could be
extended for an additional year with the approval the Adjutant
General. "Convalescence" is defined as a hospital, outpatient or
rehabilitation treatment for an injury suffered while deployed
to a combat zone and this applies to the life insurance
provision.
Again, at the request of the committee, language was also
inserted to clarify that the complimentary hunting and fishing
licenses are good for one year and that the life insurance
premium would be reimbursed for the time deployed to a combat
zone.
She added that a memo was sent to the all the committee members
answering the question asked during the last hearing regarding
the cost of the life insurance premium. The answer to that is
$324 for soldiers deployed on a 12-month period and $81 for
soldiers on a three-month deployment.
SENATOR ELLIS expressed gratitude to Representative Dahlstrom
for taking up the definition of a period of convalescence.
1:45:35 PM
SENATOR SEEKINS moved to report SCS CSHB 122(L&C) from committee
with individual recommendations. Senators Ben Stevens, Davis,
Ellis, Seekins and Chair Bunde voted yea; so SCS CSHB 122(L&C)
moved from committee.
1:46:24 PM at ease 1:47:37 PM
1:47:40 PM
HB 389-REGULATION OF TOURIST ACCOMMODATIONS
CHAIR CON BUNDE announced HB 389 to be up for consideration.
KAREN LIDSTER, staff to Representative John Coghill, sponsor of
HB 389, explained that the sponsor had asked all departments if
they had laws that were no longer being used that could be
repealed. The Department of Environmental Conservation (DEC)
responded by stating that their permits for public
accommodations (AS 18.35.040) were no longer being used. Their
posting and penalty for non-compliance also needed to be
repealed.
CHAIR BUNDE said he understood that this bill was clean up
language that was simply removing language that was no longer
used.
MS. LIDSTER replied yes.
1:49:19 PM
KRISTIN RYAN, Director, Division of Environmental Health, DEC,
stated that the department doesn't currently permit tourist
accommodations for sanitation and this statute only effects
sanitation. It does permit for drinking water, food, wastewater
and solid waste. She clarified:
It's just a matter of resources. We haven't had
sufficient resources as far back as I've been able to
tell, which goes back to the 80s - we haven't
permitted them for sanitation purposes. So, we're a
little concerned with liability risk there and the
lack of necessity that we do permit a facility for
something that is pretty much covered through other
means.
1:50:28 PM
SENATOR SEEKINS asked if a hunting camp for a nonresident guide
could be considered a tourist accommodation.
MS. RYAN replied according to the definition in statute - yes.
SENATOR SEEKINS asked if the department would have to post
regulations.
MS. RYAN replied that a sanitation permit would have to be
posted if this passed.
SENATOR SEEKINS asked if those permits were required under
current law.
MS. RYAN replied correct.
SENATOR SEEKINS asked if they have to be posted.
MS. RYAN replied that posting requirements vary. For example,
the food safety permit is required to be posted in an area where
it can be seen, but for drinking water, wastewater and solid
waste posting is not required.
SENATOR SEEKINS asked if people are on a guided hike and they
backpack into an area with tents and sleeping bags, what kind of
permits would they have to have.
MS. RYAN replied that those were timely questions because the
department has just completed a camp permit, which people can
apply for if they are in those situations. She said the permit
was achieved through a consensus process with hunting, fishing
and ecotourism guides. People are exempt from permit
requirements if they are out for 14 days or less and consist of
24 people or less.
1:52:51 PM
SENATOR SEEKINS asked what constitutes a tourist.
MS. RYAN replied that the definition of these accommodations is
quite broad and it doesn't have to be a paying customer.
SENATOR SEEKINS asked if he would need a permit if he were
traveling with his cousin who is not a resident.
MS. RYAN replied if the party he was traveling with including
his cousin exceeded 25 people, he would need a camp permit.
Quantity is the issue and the number of people who are
generating waste.
1:54:41 PM
SENATOR SEEKINS moved to report HB 389 from committee with
individual recommendations and attached fiscal note. Senators
Ben Stevens, Ellis, Davis, Seekins and Chair Bunde voted yea; so
HB 389 moved from committee.
1:56:14 PM
CSHB 409(L&C)-NO WORKERS' COMP. FOR REAL EST. LICENSEE
CHAIR BUNDE announced CSHB 409(L&C) to be up for consideration.
REPRESENTATIVE BOB LYNN, sponsor of HB 409, introduced his
staff, Nancy Manly, and disclosed that he is a licensed real
estate broker acting in the capacity of broker associate in
Alaska.
REPRESENTATIVE LYNN said that every state has laws that require
most companies to purchase workers' compensation insurance for
their employees. However, most real estate agents are considered
independent contractors and not employees. The question is what
is the difference.
REPRESENTATIVE LYNN explained that first of all, a real estate
licensee signs an independent contractor agreement with a broker
and pays for his own services. He doesn't receive a wage, salary
or benefits. He receives payment for services directly related
to his sales and other output. He is required to pay estimated
quarterly income tax, his own social security taxes and the
portion of social security tax that an employer would normally
pay for an employee. He pays for all his business expenses
including licensing fees, continuing education classes,
advertising, mailing, supplies, long distance phone calls,
design and implementation of a personal website - everything.
"They are in fact a business within a business."
The broker has no control over the hours spent or how the
licensee conducts the business so long as it is within the
boundaries of the law. The IRS considers qualified real estate
licensees as independent contractors. The purpose of this bill
is for the state to recognize these people as independent
contractors and not employees - the same as the IRS.
CHAIR BUNDE clarified that if this bill passes, the independent
contractor has to buy his own insurance and would not be able to
avail himself of the state system of workers' compensation - and
it might be more expensive.
REPRESENTATIVE LYNN responded that was about right; real estate
is a risky business.
SENATOR SEEKINS said he understood that under current workers'
compensation law, realtors would be exempt from having to
provide any insurance for themselves.
NANCY MANLY, staff to Representative Lynn, replied that was
correct as long as the realtor didn't have employees.
CHAIR BUNDE remarked that if he were working for a business with
workers' compensation, he couldn't sue the business if he got
injured. If he were working for a business that didn't have
worker's compensation, he could sue the owner of the business -
whether the suit had merit or not.
2:00:25 PM
PEGGY ANN MCCHONNICHIE, Alaska Association of Realtors, heartily
supported HB 409 saying it would clear up a problem that Alaskan
realtors had been dealing with for a long time. According to the
Internal Revenue Service (IRS), realtors have been independent
contractors since the early 70s. The State Department of Labor
sees realtors as independent businesses, but the Division of
Insurance doesn't know for sure. So, this lack of continuity in
business status has caused some problems. HB 409 clarifies that
realtors have a contract with their broker and don't need
workers' compensation insurance.
2:02:15 PM
SENATOR SEEKINS disclosed that Ms. McChonnichie's father was a
long-time good friend of his. He then moved to report CSHB
409(L&C) from committee with individual recommendations and
attached fiscal note. Senators Ellis, Seekins, Davis, Ben
Stevens and Chair Bunde voted yea; so CSHB 409(L&C) moved from
committee.
CSHB 377(L&C) am -EXEMPTION: RES. BLDG. DRAWINGS & SPECS
CHAIR CON BUNDE announced CSHB 377(L&C) am to be up for
consideration.
MIKE PAWLOWSKI, staff to Representative Kevin Meyer, sponsor of
HB 377, said that the people who the sponsor asked to testify on
this bill couldn't make it to today's meeting and they were
asked to submit their letters in writing. He advised that Colony
Builders submitted the letter that best summarized the issues.
MR. PAWLOWSKI summarized that the point is that state statute
conflicts with building code in its requirement of a design
professional. Building code says a two family home is up to
three stories; state statue says a four-family home is two
stories. In between those two definitions, home owners or people
building a home get saddled with extra costs for performing
residential seismic and wind design characteristics in a market
that is already tight for engineers and architects, who are
generally not all that interested because the job is too small.
HB 377 attempts to clean up that discrepancy between what
building codes ask for and what the state law says.
2:05:18 PM
He said the sponsor had worked back and forth with the Board of
Architects, Engineers and Land Surveyors and they had come up
with an amendment for clarification.
2:05:54 PM at ease 2:06:12 PM
CHAIR BUNDE moved to adopt Amendment 1 and objected for an
explanation.
24-LS1471\FA.1
Bannister
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 377(L&C) am
Page 2, lines 23 - 24:
Delete all material.
Insert "is located in a municipality that has adopted a
building or residential code that applies to the building and if
the building complies with the building or residential code;"
MR. PAWLOWSKI explained that Amendment 1 clears up the fact that
the building must be located in a municipality that contains a
building code. Without the building code, the issues of public
safety are actually out there. If there is a building code and a
department to submit a plan to, all of the issues are covered by
the plan review process.
CHAIR BUNDE asked if someone wants to build on a remote site in
an unorganized area, would he need the architectural review.
MR. PAWLOWSKI replied yes - if the structure is up to three
stories - with an exception for owner-builders.
CHAIR BUNDE removed his objection and Amendment 1 was adopted.
No one else wanted to testify on this bill and public testimony
was closed.
2:07:37 PM
SENATOR SEEKINS moved to report SCS CSHB 377(L&C) am from
committee with individual recommendations and zero fiscal note.
Senators Ben Stevens, Davis, Seekins, Ellis and Chair Bunde
voted yea; so SCS CSHB 377(L&C) am moved from committee.
2:08:32 PM
HB 150-LICENSING RADIOLOGIC TECHNICIANS
CHAIR CON BUNDE announced HB 150 to be up for consideration and
that it had a number of amendments that addressed the concerns
they had heard.
HEATH HILYARD, staff to Representative Tom Anderson, sponsor of
HB 150, explained that it establishes a full and partial
professional licensure for radiologic technologists and other
providing radiation X-ray examinations. The consistent question
asked by many committees was why this bill was necessary.
Obviously, the sponsor believes it is necessary and he pointed
out that 33 states currently have full licensure of a similar
nature; seven others also have regulation in place to establish
credentials or licensure for these professionals. The Unites
States federal government has similar professional requirements
in its GS descriptions, but they are a little more stringent.
MR. HILYARD emphasized, though, that aside from the policy issue
of licensures in general, there really is a greater public
health concern. A 1999 University of California Berkeley report
by Robert Sanders related how John W. Gofman, professor emeritus
of molecular and cell biology at UC Berkeley, conducted an
intensive analysis comparing death rates in each of the
country's nine census divisions with the average number of
physicians per 100,000 people in these divisions. He said:
'This is a serious public health problem,' Gofman
said. 'We're talking about two biggest causes of death
in this country, cancer and heart disease, which
together amount to 45 percent of all deaths. Medical
X-rays are a major cause of those deaths.'
Further, on page 2, it also states there is the
assumption that at these doses radiation doesn't make
a significant contribution, he said, but X-rays are
very potent mutagens even at low doses. It's a
disaster that people still believe that low doses are
harmless.
MR. HILYARD stated that the sponsor worked with a number of
groups - the Alaska State Medical Association, the State Medical
Board (which hasn't taken a position on this bill) and a number
of health care provider industry groups in developing this bill.
With the amendments before them, he felt that all of their
concerns were addressed.
CHAIR BUNDE moved Amendment 1 and objected for discussion
purposes.
4-LS0470\WA.1
Mischel
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 150(FIN) am
Page 2, lines 8 - 9:
Delete all material.
Renumber the following paragraphs accordingly.
SENATOR SEEKINS also objected for discussion.
MR. HILYARD explained that Amendment 1 removes dental assistants
(who would be under the direct supervision of a dentist) from
the list of exemptions that was originally requested by the
Alaska Dental Society. However, the Dental Society changed its
position after ongoing discussions with the Board of Dentistry
about scopes of practice within the dental profession. So, at
this point, it wants that language removed - primarily because
they want to deal with some of those questions internally.
CHAIR BUNDE removed his objection and asked if there were
further questions about Amendment 1.
SENATOR SEEKINS asked what happens to dental assistants in two
years.
MR. HILYARD replied if the board doesn't do anything through
regulation to address the scope of practice for dental
assistants, they would be required to get some sort of
licensure.
SENATOR SEEKINS asked what kind of license.
MR. HILYARD replied that it would depend on what level of X-ray
they were performing. Most likely dental assistants would be
required to receive the limited licensure.
SENATOR SEEKINS asked if the effective date of the bill was two
years out and if the Dental Association said it would be
responsible for dental assistants who make diagnostic X-rays to
have met the requirements of the limited license.
MR. HILYARD replied that he was correct about the effective date
and at this point they were hoping Amendment 1 would clarify
that the dental assistants could perform the X-ray procedures.
The dental hygienists can perform those procedures, but dental
assistants couldn't.
SENATOR SEEKINS asked if he was aware of any objection to that
at any level.
MR. HILYARD replied that the Dental Society requested the
original language about dental assistants and then requested to
have it removed. That section does not apply to the dental
hygienists. Language in another provision on page 2, line 10,
says that dental hygienists remain covered and can continue to
perform the X-rays.
SENATOR SEEKINS said it appears that one amendment speaks to the
definition of direct supervision and asked if that was Amendment
WA.4. He asked if the supervision could be telephonic or by
electronic means.
MR. HILYARD replied that was correct.
CHAIR BUNDE indicated there were no further objections and
Amendment 1 was adopted.
2:17:10 PM
CHAIR BUNDE moved to adopt Amendment 2 and objected for an
explanation.
24-LS0470\WA.2
Mischel
A M E N D M E N T 2
OFFERED IN THE SENATE
TO: CSHB 150(FIN) am
Page 2, line 15, following "medicine,":
Insert "or a program for physician assistant or advanced
nurse practitioner training,"
Page 2, lines 15 - 16:
Delete "or college"
Insert ", college, or program"
MR. HILYARD pointed out that line 15 of the first amendment says
that "a program for a physician assistant or advanced nurse
practitioner training" was requested by the Alaska Primary Care
Association. Its argument was that many of those training
programs do include training in X-ray technology and the sponsor
wanted to provide for the fact that students in those programs
would be authorized to do the examinations as long as it was
under the direct supervision of a licensed practitioner.
CHAIR BUNDE said he knew that physician assistants have to work
under the direction of a medical doctor, but he thought advanced
nurse practitioners had less direct supervision.
MR. HILYARD responded that that was his understanding, as well,
but he pointed out that this applies only to the students that
are currently in those programs.
CHAIR BUNDE asked how students enrolling the day after the
effective date would be dealt with.
MR. HILYARD replied that those students would be covered in the
exemption.
CHAIR BUNDE removed his objection and Amendment 2 was adopted.
2:19:04 PM
CHAIR BUNDE moved to adopt Amendment 3 and objected for
discussion purposes.
24-LS0470\WA.3
Mischel
A M E N D M E N T 3
OFFERED IN THE SENATE
TO: CSHB 150(FIN) am
Page 2, lines 29 - 31:
Delete all material.
Reletter the following subsection accordingly.
MR. HILYARD said the sponsor removed that language because the
definition for "direct supervision" had been revised in the
definitions section. This section is problematic because it's
not truly a definition under "safely and appropriately".
CHAIR BUNDE removed his objection and Amendment 3 was adopted.
2:20:36 PM
CHAIR BUNDE moved Amendment 4, and objected for discussion
purposes.
24-LS0470\WA.4
Mischel
A M E N D M E N T 4
OFFERED IN THE SENATE
TO: CSHB 150(FIN) am
Page 11, lines 14 - 15:
Delete all material and insert:
"(5) "direct supervision" means supervision that
is on-site or available by telephonic or electronic means;
in this paragraph, "supervision" includes demonstrations,
record review, evaluation of clinical examinations, or
communications;"
MR. HILYARD explained that this changes the definition of
"direct supervision" and defines what constitutes physical
presence. Practitioners from rural areas have expressed concern
that perhaps some of the limited licensure practitioners at the
time this bill goes into effect may not have a licensed
practitioner in their presence on site. There is an ongoing
debate about what constitutes physical presence. This definition
came from direct supervision for audiologists and would
alleviate most of their concerns.
2:22:14 PM
SENATOR SEEKINS pointed out that adding "means" on line 3 turns
it into a definition.
CHAIR BUNDE removed his objection and Amendment 4 was adopted.
[Amendments 5 and 6 were not offered.]
CHAIR BUNDE moved to adopt Amendment 7.
24-LS0470\WA.7
Mischel
A M E N D M E N T 7
OFFERED IN THE SENATE
TO: CSHB 150(FIN) am
Page 2, lines 5 - 7:
Delete "if the practitioner certifies to the department on
a form prepared by the department that the practitioner has
obtained education or training to ensure the exam or test is
performed safely"
2:23:12 PM
MR. HILYARD explained that this removes language that was added
on the floor of the other body. At the time the amendment was
made, it wasn't understood what the practical affect would be on
the licensed practitioners. The desire was to ensure the maximum
level of safety for the patient. It appears that it would be
overly burdensome according to the Alaska State Medical
Association and the Physicians and Surgeons.
SENATOR SEEKINS said it appeared to him that it would say
someone who would otherwise be required to get a license doesn't
have to get a license as long as they certify they have obtained
education.
MR. HILYARD replied in looking at the exemptions as a whole,
licensed practitioners, as defined in the definition section, do
not require an additional licensure.
CHAIR BUNDE removed his objection and Amendment 7 was adopted.
CHAIR BUNDE moved to adopt Amendment 8 and objected briefly.
24-LS0470\WA.8
Mischel
A M E N D M E N T 8
OFFERED IN THE SENATE
TO: CSHB 150(FIN) am
Page 5, line 10, following "imaging":
Insert ", including peripheral bone densitometry,"
MR. HILYARD explained that Amendment 8 established that limited
radiologic imagers would also be able to perform peripheral bone
densitometry. He added that he didn't know the difference
between peripheral and central densitometry, but that would be
the subject of the next amendment. The Alaska Society of
Radiologic Technicians and the Alaska State Medical Association
came up with compromise language that was also supported by
chiropractors. Basically it adds another type of procedure that
the limited imagers are capable of performing.
CHAIR BUNDE removed his objection and Amendment 8 was adopted.
2:26:21 PM
CHAIR BUNDE moved to adopt Amendment 9 and objected for
discussion purposes.
24-LS0470\WA.9
Mischel
A M E N D M E N T 9
OFFERED IN THE SENATE
TO: CSHB 150(FIN) am
Page 5, following line 11:
Insert "(2) may perform central bone densitometry if
certified by a credentialing organization recognized by the
department;"
Renumber the following paragraphs accordingly.
MR. HILYARD explained that limited imagers would be able to
perform central densitometry examinations if they have a
credential from an organization recognized by the department.
They would need an additional credential to perform this type of
procedure in addition to their imaging license.
CHAIR BUNDE removed his objection and Amendment 9 was adopted.
2:27:39 PM
RICK URION, Director, Division of Corporations, Businesses and
Professional Licensing, Department of Commerce, Community &
Economic Development (DCCED), said he had no official position
on the bill, but he did have some concerns. He explained that at
one time the bill affected 900 people (to be licensed), but now
it affects only 400 people. He said the reason for the licensure
law is for public safety. So, it seems that all 900 people
should still be included if public safety was the concern. He
said also that the bill affects people who are already
voluntarily hiring certified people. He said hospitals have to
hire certified technicians to maintain their accreditation. It
seems that the bill is a farce because it exempts all doctors
and dentists who deliver most of the radiation and over half the
other people who deliver radiation.
MR. URION added that the purpose of the bill is that people are
being over-radiated. He related a personal anecdote about how he
was radiated by licensed professionals in Seattle. He asked the
operator if it was possible for him to over radiate him. He
answered no, the machine determines the amount of radiation
every 8 seconds, not the operator.
2:30:15 PM
SENATOR BEN STEVENS asked the licensing procedure for
manufacturing of the X-ray equipment.
MR. URION replied that he didn't know, but the state has one
inspector that rates X-ray machines for hospitals and doctors -
once every six years. Another person checks the dentists'
equipment. He thought the machines should be looked at more
often than every six years.
SENATOR BEN STEVENS remarked that he was sure the U.S. Patent
Office would have multiple qualifications for a machine that
could emit dangerous levels of radiation.
2:32:02 PM
CLYDE PEARCE, Inspector, Department of Health and Social
Services (DHSS), said he is the one state inspector for X-ray
equipment. While he did some federal inspections under contract
with the Food and Drug Administration related to mammography,
the federal government has a couple of inspectors who inspect
facilities under the Indian Health Service. He said the
hospitals tend to hire credentialed people, but quite a few
clinics hire others without formal training - "with some pretty
alarming results." He said that Mr. Urion was correct in that
the computer determines to a large extent the exposure received,
but none of the automated aspects of equipment can account for
incorrect positioning of the patient and things like that. He
thought the bigger problem was how the machines were used.
MR. PEARCE said the Food and Drug Administration regulates the
manufacture of X-ray machines, but once the machines are
installed it's up to the states to regulate who operates them
and what training they must have.
2:34:16 PM
MR. PEARCE had considerable concerns that the National Institute
of Health recently reconfirmed that X-rays are carcinogenic and
that the levels of exposure to this kind of radiation have been
increasing nationwide - and in Alaska - since 1971 even though
the trend has been to digitize the equipment. What's more, he
emphasized, exposure levels necessary to cause harmful
biological effects have been found to be a lot less than
previously believed. Research now shows nationwide that 1
percent of cancers may be attributed to diagnostic X-ray
overexposure. However, his observations during routine
inspections in Alaska suggest that is probably a low figure in
Alaska where over-exposures are common. He rarely finds a
problem with the machines, but sees a lot of problems with how
they are operated. More than 90 percent of excessive exposures
are due to operator ignorance or carelessness or lack of due
care in selecting the quantity of this carcinogen that is being
administered to patients.
MR. PEARCE said the fact that 80 percent of the states already
license operators is a good indication this is the most
effective approach to protecting patients, the operators
themselves, the public and the unborn baby. He concluded saying
the Department of Health and Social Services supported this
bill.
CHAIR BUNDE thanked him for his work and his testimony.
2:36:42 PM
ED HALL, Alaska Academy of Physician Assistants, opposed HB 150
as currently written, although the adopted amendments took care
of some concerns. He explained that physician assistants are
required to be in a collaborative plan with their physicians. He
said they are not against educating anybody for shooting X-rays,
but they have not found one case where someone has been pulled
in off the streets and been pointed to the equipment and told to
go start shooting X-rays - as some testimony has alleged.
He was concerned about requiring a large number of training
hours. In the past the bill had a program that implemented a
240-hour program, but the Alaska Native Medical Center has 40-
hour training program, which has proved to be quite adequate.
Adding more training hours would also add more cost.
MR. HALL argued that the continuing education aspect for a
limited radiographer isn't necessary because they have already
been trained in the correct technique for each machine. There is
no advantage to make nurses maintain continuing medical
education in regards to radiography over and above what their
specialty already requires them to do. Once they are certified
and trained, there is no evidence that recertifying and charging
another license fee every two years is going to make them a
better technician.
Previously, continuing education was stated to be 20 hours every
two years and then it was changed to whatever the department
deemed appropriate. He supported a 40-hour training program,
because quite a few clinics have people shoot X-rays who have
not gone through formal training, but he did not support
anything that could be convoluted into extended hours.
MR. HALL said he had already been told this would be a deal-
killer, but if they are truly interested in the safety aspect of
things, he suggested separating limited radiographers and
requiring them to get training. He also stated that if this bill
passes, the increased costs would be passed on to the patients.
2:43:55 PM
DONNA RUFSHOLM, Chair, Legislative Affairs Committee, Alaska
Society of Radiology Technologists, said they wrote HB 150 out
of concerns for the safety to the patients and the operators of
the equipment and the necessity to establish standards that
would assure that all Alaskans receive quality care when they
have X-ray examinations taken.
MS. RUFSHOLM explained that she has training and knows that X-
rays are carcinogenic and that no level is harmless, but the
general public doesn't know that. They place all their
confidence in the health care workers and don't know how to
evaluate the safety of the procedure they are getting. The
average patient assumes that anyone who takes his X-ray knows
what he is doing and has received the proper amount of education
to perform his job. However, Ms. Rufsholm said, "We found this
is not true in all areas of the state." She related that Mr.
Pearce had a letter that addressed some of the issues he has
seen on his inspections where the exposure rates to the patient
were too high, where the operators were actually exposing each
other to radiation and a list of other things that were not
meeting expected standards.
Passing HB 150 would establish standards for individuals
performing X-ray exams - standards that don't exist in some of
clinical areas. Opponents of HB 150 say that it is a financial
burden, but an online program has been identified with the cost
of $229 per individual.
HB 150 would not change the way small rural clinics operate. It
has been recognized that people in rural areas of the state have
different needs than those in the urban areas and a number of
changes have been made to the bill to accommodate the specific
needs of the clinics.
She stated this will not cause people in rural clinics to lose
their jobs; the clinics will have no interruption of service
while the staff receives training; training is available on-
line. There would be no loss of service in rural areas or a
reduction in patient access to quality and complete clinic care.
Requiring operators to be trained and tested does not increase
cost, does not restrict access to patients, will not increase
salaries, will not force clinics to close, will not cause
staffing shortages, will not create burdensome financial
obligations to clinics and the training can be completed at the
place and time convenient to the operators.
2:48:23 PM
MS. RUFSHOLM said that online programs have been identified that
a person can watch anywhere. Provision was also made for any
training programs sponsored by a medical facility, supervised
and instructed by a licensed practitioner or fully licensed
radiographer to be submitted as a curriculum to the department
for approval. A 40-hour program that Mr. Hall's nurse attended
could qualify under that provision. There is no minimum hour
requirement at this point. People who have already received
training have been exempted.
2:50:32 PM
CHAIR BUNDE thanked everyone for their testimony and held HB 150
for further review. There being no further business to come
before the committee, he adjourned the meeting at 2:51:38 PM.
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