04/10/2012 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB252 | |
| HB301 | |
| SB128 | |
| SB166 | |
| HB50 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 166 | TELECONFERENCED | |
| + | HB 50 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 252 | TELECONFERENCED | |
| += | HB 301 | TELECONFERENCED | |
| += | SB 128 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
April 10, 2012
1:31 p.m.
MEMBERS PRESENT
Senator Dennis Egan, Chair
Senator Joe Paskvan, Vice Chair
Senator Linda Menard
Senator Bettye Davis
Senator Cathy Giessel
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 252(FIN)
"An Act exempting certain small businesses from the corporate
income tax; and providing for an effective date."
- MOVED SCS CSHB 252(L&C) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 301(FIN)
"An Act relating to enforcement of boating safety statutes;
amending the termination date of certain statutes relating to
the use, operation, and regulation of boats, a uniform state
waterway marking system, and civil liability for boat owners;
providing for an effective date by amending the effective date
of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28,
SLA 2000, as amended; and providing for an effective date."
- MOVED SCS CSHB 301(L&C) OUT OF COMMITTEE
SENATE BILL NO. 128
"An Act relating to brewery licenses."
- MOVED CSSB 128(L&C) OUT OF COMMITTEE
SENATE BILL NO. 166
"An Act relating to the licensing of medical laboratory science
professionals; and providing for an effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 50(JUD)
"An Act relating to the purchase of alcoholic beverages at a
club and to access by certain persons under 21 years of age to a
club's licensed premises when alcoholic beverages are present."
- MOVED CSHB 50(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 252
SHORT TITLE: SMALL BUSINESS INCOME TAX EXEMPTION
SPONSOR(s): REPRESENTATIVE(s) COSTELLO
01/17/12 (H) PREFILE RELEASED 1/6/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) L&C, FIN
02/22/12 (H) L&C AT 3:15 PM BARNES 124
02/22/12 (H) Moved CSHB 252(L&C) Out of Committee
02/22/12 (H) MINUTE(L&C)
02/24/12 (H) L&C RPT CS(L&C) 6DP 1NR
02/24/12 (H) DP: THOMPSON, JOHNSON, SADDLER, HOLMES,
MILLER, OLSON
02/24/12 (H) NR: CHENAULT
02/29/12 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/29/12 (H) Heard & Held
02/29/12 (H) MINUTE(FIN)
03/13/12 (H) FIN AT 8:30 AM HOUSE FINANCE 519
03/13/12 (H) Moved CSHB 252(FIN) Out of Committee
03/13/12 (H) MINUTE(FIN)
03/14/12 (H) FIN RPT CS(FIN) 8DP 3NR
03/14/12 (H) DP: GARA, GUTTENBERG, JOULE, COSTELLO,
EDGMON, DOOGAN, STOLTZE, THOMAS
03/14/12 (H) NR: FAIRCLOUGH, T.WILSON, NEUMAN
03/23/12 (H) TRANSMITTED TO (S)
03/23/12 (H) VERSION: CSHB 252(FIN)
03/26/12 (S) READ THE FIRST TIME - REFERRALS
03/26/12 (S) L&C, FIN
04/03/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/03/12 (S) Heard & Held
04/03/12 (S) MINUTE(L&C)
04/05/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/05/12 (S) BOATING REGULATION: SUNSET/ENFORCEMENT
04/10/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 301
SHORT TITLE: BOATING REGULATION: SUNSET/ENFORCEMENT
SPONSOR(s): REPRESENTATIVE(s) AUSTERMAN
01/27/12 (H) READ THE FIRST TIME - REFERRALS
01/27/12 (H) L&C
02/22/12 (H) L&C AT 3:15 PM BARNES 124
02/22/12 (H) Moved Out of Committee
02/22/12 (H) MINUTE(L&C)
02/24/12 (H) L&C RPT 7DP
02/24/12 (H) DP: CHENAULT, THOMPSON, SADDLER,
JOHNSON, HOLMES, MILLER, OLSON
02/24/12 (H) FIN REFERRAL ADDED AFTER L&C
03/07/12 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/07/12 (H) Scheduled But Not Heard
03/15/12 (H) FIN RPT CS(FIN) NT 10DP
03/15/12 (H) DP: FAIRCLOUGH, GARA, JOULE, T.WILSON,
GUTTENBERG, NEUMAN, COSTELLO, EDGMON,
03/15/12 (H) STOLTZE, THOMAS
03/15/12 (H) FIN AT 8:30 AM HOUSE FINANCE 519
03/15/12 (H) Moved CSHB 301(FIN) Out of Committee
03/15/12 (H) MINUTE(FIN)
03/23/12 (H) TRANSMITTED TO (S)
03/23/12 (H) VERSION: CSHB 301(FIN)
03/26/12 (S) READ THE FIRST TIME - REFERRALS
03/26/12 (S) L&C, FIN
04/03/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/03/12 (S) Heard & Held
04/03/12 (S) MINUTE(L&C)
04/05/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/05/12 (S) LABORATORY SCIENCE PROFESSIONAL
LICENSING
04/10/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 128
SHORT TITLE: BREWERY LICENSES/PERMITS
SPONSOR(s): SENATOR(s) MCGUIRE
04/15/11 (S) READ THE FIRST TIME - REFERRALS
04/15/11 (S) L&C, JUD
03/29/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/29/12 (S) Heard & Held
03/29/12 (S) MINUTE(L&C)
04/03/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/03/12 (S) <Bill Hearing Canceled>
04/05/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/10/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 166
SHORT TITLE: LABORATORY SCIENCE PROFESSIONAL LICENSING
SPONSOR(s): SENATOR(s) DAVIS
01/17/12 (S) READ THE FIRST TIME - REFERRALS
01/17/12 (S) L&C, FIN
04/05/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/05/12 (S) BREWERY LICENSES/PERMITS
04/10/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 50
SHORT TITLE: ACCESS TO LICENSED PREMISES
SPONSOR(s): REPRESENTATIVE(s) SADDLER
01/18/11 (H) PREFILE RELEASED 1/7/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) L&C, JUD
04/04/11 (H) L&C AT 3:15 PM BARNES 124
04/04/11 (H) Moved Out of Committee
04/04/11 (H) MINUTE(L&C)
04/05/11 (H) L&C RPT 5DP 2NR
04/05/11 (H) DP: CHENAULT, THOMPSON, SADDLER,
JOHNSON, OLSON
04/05/11 (H) NR: HOLMES, MILLER
03/14/12 (H) JUD AT 1:00 PM CAPITOL 120
03/14/12 (H) Heard & Held
03/14/12 (H) MINUTE(JUD)
03/16/12 (H) JUD AT 1:00 PM CAPITOL 120
03/16/12 (H) Moved CSHB 50(JUD) Out of Committee
03/16/12 (H) MINUTE(JUD)
03/21/12 (H) JUD RPT CS(JUD) 6DP
03/21/12 (H) DP: LYNN, GRUENBERG, KELLER, PRUITT,
THOMPSON, GATTO
04/05/12 (H) TRANSMITTED TO (S)
04/05/12 (H) VERSION: CSHB 50(JUD)
04/06/12 (S) READ THE FIRST TIME - REFERRALS
04/06/12 (S) L&C, JUD
04/10/12 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
JOSHUA WALTON, Staff
Representative Mia Costello
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Commented on HB 252 for the sponsor.
REPRESENTATIVE Alan AUSTERMAN
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 301.
GENEVIEVE WOTJUSIK, Staff
Senator Lesil McGuire
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Explained the changes in CSSB 128( ),
version \D.
SASSAN MOSSANEN
Denali Brewing Company
Talkeetna, AK
POSITION STATEMENT: Supported SB 128.
KAREN BERGER, part-owner
Homer Brewing Company
Homer, AK
POSITION STATEMENT: Supported SB 128.
ZACH HENRY
St. Elias Brewing Company
Soldotna, AK
POSITION STATEMENT: Supported SB 128.
ALICE KERKVLIET, owner
Michael's Restaurant
Soldotna, AK
POSITION STATEMENT: Supported SB 128.
TOM OBERMEYER, Staff
Senator Bettye Davis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Explained the changes in CSSB 166( ),
version \I.
WARD HURLBURT, Director
Division of Public Health
Department of Health and Social Services (DHSS)
Anchorage, AK
POSITION STATEMENT: Explained how SB 166 would affect his
division.
GLORIA TOMICH
University of Alaska Anchorage
Anchorage, AK
POSITION STATEMENT: Supported SB 166.
WILLIE RUMBO, medical technologist representing himself
Anchorage, AK
POSITION STATEMENT: Opposed SB 166.
DON HABEGER, Director
Division of Corporations
Business and Professional Licensing Section
Department of Commerce, Community and Economic Development
Juneau, AK
POSITION STATEMENT: Answered questions about how SB 166 would
affect his department.
REPRESENTATIVE DAN SADDLER
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 50.
ACTION NARRATIVE
1:31:56 PM
CHAIR DENNIS EGAN called the Senate Labor and Commerce Standing
Committee meeting to order at 1:31 p.m. Present were Senators
Giessel, Davis and Chair Egan.
HB 252-SMALL BUSINESS INCOME TAX EXEMPTION
1:33:18 PM
CHAIR EGAN announced consideration of HB 252. [CSHB 252(FIN) was
before the committee.]
SENATOR MENARD joined the committee.
1:33:31 PM
JOSHUA WALTON, staff to Representative Mia Costello, sponsor of
HB 252, said that Senator Paskvan had prepared an amendment that
provides additional sideboards to the bill by limiting the
amount of time that a company can qualify for this exemption to
10 years after they first have taxable income. He said the
sponsor did not object to the amendment.
SENATOR DAVIS moved to adopt Amendment 1, labeled 27-LS1085\D.2.
27-LS1085\D.2
Nauman
AMENDMENT 1
OFFERED IN THE SENATE
TO: CSHB 252(FIN)
Page 1, line 9:
Delete "a tax year"
Insert "the 10 tax years"
Following "2012,":
Insert "or for the 10 tax years immediately
following the first year a corporation has taxable
income,"
CHAIR EGAN found no objection, and Amendment 1 was adopted.
1:35:02 PM
At ease from 1:35:02 to 1:35:38 p.m.
1:35:38 PM
SENATOR DAVIS moved to report CSHB 252(FIN), as amended, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR EGAN found no objection, therefore SCS CSHB 252(L&C) moved
from the Senate Labor and Commerce Standing Committee.
1:35:57 PM
At ease from 1:35 to 1:38 p.m.
1:38:02 PM
CHAIR EGAN reconvened the Senate Labor and Commerce Standing
Committee meeting and recognized Senator Menard.
SENATOR MENARD asked the committee to take a moment of silence
in memory of Representative Carl Gatto.
HB 301-BOATING REGULATION: SUNSET/ENFORCEMENT
CHAIR EGAN announced consideration of HB 301 [SCS CSHB 301(L&C)
was before the committee with an objection by Senator Paskvan].
1:39:28 PM
REPRESENTATIVE ALAN AUSTERMAN, sponsor of HB 301, said this bill
is about a program that has proven to save lives. It also
teaches people and makes them aware of the dangers of being on
the water. This bill has had a sunset just about every time it
has passed and it will continue to have a sunset in a little bit
different form this time. The specific date in the sunset clause
was removed leaving language that said if federal funds go away,
the legislature would have to decide whether they would want to
use state dollars to continue it.
CHAIR EGAN noted that Senator Paskvan had objected to the Senate
CS because he had a question. The question was answered, but the
objection needed to be removed in order to move the bill from
committee.
SENATOR MENARD stated support for HB 301.
1:43:25 PM
At ease from 1:43:25 to 1:44:08 p.m.
1:44:08 PM
CHAIR EGAN reconvened the meeting at 1:44 p.m.
SENATOR DAVIS moved to lift the objection. There were no
objections, and it was so ordered.
1:44:36 PM
SENATOR MENARD moved to report HB 301 from committee with
individual recommendations and attached fiscal note(s). There
were no objections, and SCS CSHB 301(L&C) moved from the Senate
Labor and Commerce Standing Committee.
1:45:21 PM
At ease from 1:45 to 1:47 p.m.
SB 128-BREWERY LICENSES/PERMITS
1:47:32 PM
CHAIR EGAN announced consideration of SB 128.
SENATOR MENARD moved to adopt CSSB 128 ( ), version 27-LS0647\D.
CHAIR EGAN objected for discussion purposes.
GENEVIEVE WOTJUSIK, staff to Senator Lesil McGuire, explained
that this version clarifies some things that were brought to
their attention in committee last week. The chairs at the bar
and live entertainment would only happen during fives special
events that are permitted per year. Changing the hours from 8 to
10 would be year round. It also adds that each brewery employee
must have a Tams card (alcohol awareness training). Breweries
are pretty new to the state and that was not required before,
because the statute is old.
CHAIR EGAN withdrew his objection.
SENATOR PASKVAN joined the committee.
CHAIR EGAN asked Senator Paskvan if he had any questions since
he had talked about the Tams cards.
SENATOR PASKVAN replied that his concern had been cured.
SENATOR MENARD asked if a brewery would be held to the same
scrutiny when it holds an event as a regular licensed
establishment.
MS. WOTJUSIK answered yes.
1:50:09 PM
SASSAN MOSSANEN, Denali Brewing Company, Talkeetna, said he sent
a letter of support to the committee on SB 128 and wanted to
read it. The letter related that their tasting room is closed by
6 p.m. for seven months of the year, but in the remaining months
it is critical for them to be able to serve small quantities of
product to interested folks. By providing a quality experience
for their guests, they bring attention to what a great state
Alaska is to visit. Without exception, he said, they don't have
a single evening during the summer season where they do not have
to turn guests away. Many of the folks are local, hardworking
Alaskans that take advantage of the longer days to work past 8
p.m. and would prefer to support their local brewery. Some of
them have driven two hours from Anchorage to enjoy their
favorite beer, only to be told "no." The nuance of the
difference between a brew pub and a brewery escape many of them
He read further:
Equally important are the visitors to the state that
are here to experience genuine Alaskan hospitality.
People from all over the world come to Talkeetna to
experience the mountains, rivers, and create a flavor
that can only be found here. Sadly, after a day of
fishing or exploring our backyard, we are forced to
hastily usher these folks out of our establishment.
There is no way to gain support for a local industry
that has a long tradition of bringing visitors to our
state and employing many. Manufacturing in Alaska is
not easy. SB 128 gives small business owners further
freedom to manage their business responsibly.
MR. MOSSANEN said he was available to answer questions.
SENATOR MENARD said she resides in the Mat-Su Borough that is
famous for the Alaska State Fair and that several other
communities have a fair, too. She asked if this special events
permit would allow a brewery to set up an off-premise location
in which to vend their beer.
MR. MOSSANEN replied that Denali Brewing had been the official
brewery of the Alaska State Fair last year and will be the
official brewery again this year. The way they win that
distinction is by winning the Mat-Su Beer Festival. He didn't
know if this would enable them to set up a vending booth at the
Fair. Their interest has been primarily to work through their
distributor. The Alaska State Fair, over the course of the last
two years, has been putting a genuine effort into bringing
attention to the local breweries in Alaska and Denali Brewery
intends to continue using that avenue.
1:56:31 PM
KAREN BERGER, part-owner, Homer Brewing Company, Homer,
supported SB 128. They definitely know the difference between
being a brewery and a brew pub, she said, and they are not
intending to go into competition with their customers, which are
the finer eating and drinking establishments in the town. She
believed that breweries have enhanced all the licenses in the
state by providing locally made product with "a whole lot of
soul."
She said that breweries have become an economic force in the
state and that having a special events permit would give them a
chance to showcase their operation and allow the public to have
a more personal connection to these businesses. All are non-
smoking establishments. She couldn't imagine any of the
breweries in the state not having their key personnel being a
card-carrying member of Tams card.
SENATOR MENARD asked how many new breweries have opened since
1996.
MS. BERGER replied about 13 or 15 and they had all been
successful.
2:00:59 PM
ZACH HENRY, St. Elias Brewing Company, Soldotna, supported SB
128. He said they have a "restaurant eating place public
convenience license" and operate like a brew pub with beer and
wine on site and no hard liquor. He thought their friends across
the state that own breweries should be able to operate their
businesses until 10 p.m. and didn't see the special events
permit five times a year as any competition to them.
MS. WOTJUSIK clarified that there are 10 brew pubs, 1 pub and 16
breweries in the state.
2:02:58 PM
ALICE KERKVLIET, owner, Michael's Restaurant, Soldotna,
supported SB 128. Her two brewery neighbors made her aware of SB
128; they are good companies doing good things for their
community, running their businesses responsibly. She didn't see
a problem with them having a special events permit.
CHAIR EGAN stated that the amendment was adopted.
SENATOR MENARD moved to report CSSB 128( ), labeled 27-LS0647\D,
from committee to the next committee of referral with individual
recommendations and attached fiscal note as amended. There were
no objections, and it was so ordered.
2:05:28 PM
At ease from 2:05 p.m. to 2:06 p.m.
SB 166-LABORATORY SCIENCE PROFESSIONAL LICENSING
2:06:40 PM
CHAIR EGAN announced consideration of SB 166, [CSSB 166( ),
labeled 27-LS1163\I was before the committee].
2:07:12 PM
TOM OBERMEYER, staff to Senator Bettye Davis, said SB 166
establishes a seven-member board of clinical laboratory science
professionals that includes one public member, five members that
are licensed by the board (a medical laboratory scientist, a
laboratory technician, a medical laboratory assistant, a
phlebotomy technician, a public health scientist and (in the CS)
a medical laboratory director.
He said that SB 166 requires licensing of medical laboratory
science professionals under Title 8. Today, medicine is a team
effort, which requires the highest quality and coordination of
all occupations in provider services. Most health care
professions are licensed in Alaska to protect the public and
define the scope of practice and training required to engage in
them. However, medical laboratory science professionals and
radiologic technologists are not licensed, yet they perform the
majority of diagnostic testing in Alaska.
MR. OBERMEYER said at least 70 percent of laboratory results are
used for direct patient care, diagnostic, therapeutic or
management decisions and that inaccurate test results by
unqualified medical professionals can delay appropriate care and
lead to inappropriate or harmful diagnoses or treatments that
could result in injury or death. The complexity and importance
of laboratory science in modern medicine makes it necessary that
medical laboratory personnel possess the qualifications
necessary to ensure their professional competence. That is what
SB 166 does. The CS also has transition clauses that provide for
continuing part-time, full-time and non-resident temporary
medical technician workers.
SENATOR PASKVAN moved to bring version CSSB 166( ), version 27-
LS1163\I, before the committee for discussion purposes.
CHAIR EGAN objected for discussion purposes.
MR. OBERMEYER explained that the CS would increase the
composition of the board from five members to seven; the board
will now have five licensed medical laboratory science
professionals, the medical laboratory director and one public
member. Their scope of practice is set out on pages 3 and 4. He
explained that version I of SB 166 increases the initial
staggered terms for three members who will serve three years
instead of two (the previous M version provided for two members
who will serve one year). The number of members on the board was
increased as well as the terms staggered to provide for this
change. The CS also changes the definition of "medical
laboratory science director" to a management director "in charge
of personnel and the performance of laboratory tests" (page 8,
lines 5-8).
MR. OBERMEYER said the medical director also need not be a
licensed allopathic physician, which was required in the
original version but was changed in version M. The CS deletes
the duties of the board to establish continuing education
requirements, because another section (830) of this new chapter
already covers competency. The CS changes responsibility for
examination and licensing from the department to the board.
On page 7, lines 16-18, under the list of exemptions from
license requirements, number (8) specifies that allopathic
physicians or osteopaths with a specialty in pathology will
assist in preparing for postmortem examinations. Number (9)
provides an exemption for a certified cytotechnologist with a
revised list of their duties under the supervision of a
physician or osteopath (page 7, lines 19-20).
Finally, Mr. Obermeyer said, the CS provides grandfathering for
currently employed persons under the applicability section to
the licensing requirement on page 8. Grandfathering is limited
to two years for those employed in the state for three of the
last five years who have documented advanced education, training
and experience in lieu of certification by a national
credentialing agency (page 8, line 30 to page 9, line 7).
The transition section on page 9 says licensing is not required
for up to one year following the effective date of the act for a
half-time worker with at least 1,040 hours of acceptable medical
laboratory testing experience during two of the preceding three
calendar years and who submits the documented job descriptions
for the positions in which he acquired the experience to the
board. It also exempts non-resident workers from certification
or the licensing requirement who come into the state on a
temporary basis for up to 13 weeks in a 12-month period. That
refers back to exemption number (6).
2:14:28 PM
He noted that penalties are not included in either versions I, B
or M, because the boards under Title 8 already have a number of
disciplinary powers including revoking a license and imposing a
civil fine not to exceed $5,000.
2:15:02 PM
SENATOR MENARD asked how many other states require this type of
licensing and if he could share the range of costs for licensing
in other states.
MR. OBERMEYER said he had some of that information in the
office, but the department could better answer those questions.
Alaska has 600 to 900 individuals who would fall under this
proposal, so it shouldn't be an expensive process for them.
SENATOR MENARD said her concern was that medical students incur
a tremendous debt for their schooling, and even if the fee is a
little more than in other states, it would be just one more
negative that would keep someone from coming back to Alaska to
work.
MR. OBERMEYER again said that the department could respond to
that, but his understanding was that this bill avoided a great
number of costs. Because the certifying agencies are outside
Alaska, this board just checks to make sure these people
actually have the hours and qualifications they have submitted,
and then they are licensed or not at that point.
CHAIR EGAN asked Mr. Hurlburt if he could answer any of Senator
Menard's questions.
2:19:34 PM
WARD HURLBURT, Director, Division of Public Health, Department
of Health and Social Services (DHSS), said some of the specific
cost questions could be answered by the Department of Commerce,
Community and Economic Development (DCCED). He appreciated the
intent to assure quality for laboratory testing, but the Center
for Medicare and Medicaid Services (CMMS) states that they
regulate all laboratory testing in the country. A hospital lab,
for instance, goes through a certification process through
either the Joint Commission or the Council of American
Pathologists. He explained that CLIA (Clinical Laboratory
Improvement Amendments) mandate standards for clinical
laboratories in physicians' offices and certain fairly basic
tests can have a CLIA waiver. In his experience, those are not
just paper requirements but real quality requirements. So he
believed that establishing this board could have a potential
adverse impact on small physicians' offices, because it might
increase costs and make recruitment harder.
SENATOR PASKVAN asked what percentage of currently practicing
professionals would have to be brought up to speed in two years.
MR. HURLBURT replied that he didn't have that information
available. Large labs would have the baccalaureate level and
technician level (two-year training) technologists, as well as
laboratory assistants. The state lab is run by a PhD. A small
physician's office would employ people with on-the-job training
who use waivered CLIA tests for competency.
2:23:34 PM
SENATOR GIESSEL asked why these individuals should fundamentally
be licensed.
MR. OBERMEYER answered that it was felt that people are supposed
to have national standards going through this process and that
there really isn't a great deal of control, particularly in
offices that have waiver standards (which tends to be the bulk
of the testing). He wasn't suggesting that they weren't highly
qualified people, but that there are no standards for what they
are supposed to be doing. He had asked Heidi Amen from the DHSS
and Gloria Tomich, University of Alaska Anchorage, to respond to
this issue and to include the number of the types of associate
and bachelor degrees that are required. The concept behind it is
competency and protection of the public.
SENATOR DAVIS added that this bill was requested by those in the
profession and their testimony could shed more light on the
issue.
SENATOR GIESSEL said she would defer to Senator's Davis'
recommendation to hear from those individuals.
2:26:12 PM
GLORIA TOMICH, University of Alaska Anchorage, said because 70
percent of medical decisions are based on laboratory results, an
educated and competent workforce in laboratory testing was
needed. This is accomplished through certification. Licensure
under this bill does require certification. The goal of
licensure is to have more stringent requirements for the
performance of laboratory testing that will reduce laboratory
errors and increase patient safety.
MS. TOMICH said the journal article submitted to the committee
gives examples of laboratory errors, particularly in point of
care testing. Noncertified testing personnel have a higher rate
of error than those who are under the supervision of certified
personnel. She said this will not prevent health care providers
from hiring noncertified staff but it will require oversight of
competency and quality control by licensed personnel who are
certified.
MS. TOMICH said she believed that all medical personnel working
in Alaska should be licensed. It is important for quality
laboratory testing, which ultimately results in better patient
safety. Currently, in Alaska, most health care professionals
except laboratory scientists and radiologic technicians are
licensed.
2:28:17 PM
She said that 13 states have licensure for laboratory
professionals and 25 states are in the process of requiring it.
SENATOR GIESSEL asked why have a board if national certification
by a recognized credentialing agency or organization is the
criteria by which competency is measured. It seems redundant.
MS. TOMICH replied that laboratory professionals are certified
by the national agency and one of this bill's strong points is
that every three years people must provide evidence of
continuing education to maintain their certification. She
explained that laboratory world is very dynamic; it changes all
the time and people need to keep current with it. The current
certification requiring continuing education is sufficient to
support those who are licensed.
SENATOR GIESSEL questioned the need for a regulating board when
Ms. Tomich was already saying that this national organization
certifies competence and continued competence,
MS. TOMICH replied that not all laboratory testing is done by
certified personnel and a large number of errors are made by
people who are not certified.
2:30:52 PM
SENATOR GIESSEL said it's up to the employer to determine the
credentials of the individual they are employing to perform
certain duties and asked in practical application, if she was
requiring that all physician offices hire only certified lab
techs.
MS. TOMICH responded that the bill doesn't require that all lab
techs have certification, but it does require having oversight
of quality control and competency, and a consultant could come
in and do that oversight. It's a closer monitoring of quality
control and competency of the staff that is doing the testing.
She clarified that physician office laboratories do point of
care testing including CLIA waived tests, but a lot of point of
care testing is not waived.
SENATOR GIESSEL said the Joint Commission on Accreditations of
Healthcare Organizations (JCAHO), the national lab certifying
agency, and the CMMS already monitor physician lab operations,
and this is all done to verify validity, and asked if this just
another hoop that adds cost to the health care system and
creates a board that isn't really necessary.
MS. TOMICH replied that the Joint Commission and CLIA regulate
and license laboratories; however, they don't closely monitor
competency, education and continuing education. They don't
require continuing education, and they believe that continuing
education is very important for laboratory professionals. If
someone doesn't know the current protocols, then they won't
perform laboratory testing properly. Again, they have testimony
from people who have talked about a lot of errors in point of
care testing and they are hoping this licensure will cut down on
those errors.
2:34:38 PM
WILLIE RUMBO, representing himself, Anchorage, said he is a
medical technologist and that he opposed SB 166. He agreed that
it would raise costs and create another hoop for medical
professionals to go through just to be able to practice their
jobs. CLIA does create those regulations already; it requires
minimum training and education standards.
The focus seems to be on point of care testing, but CLIA does
require a minimum education standard for that. He explained that
point of care testing not only occurs in doctors' offices, but
at the hospital and in emergency rooms. Will they require
certified technicians to perform testing in emergency rooms and
on the floors in hospitals and say this won't raise the cost of
medicine? That is preposterous, and they are assuming that
everyone who performs point of care testing is somehow
incompetent. Twenty of his colleagues also oppose this. He said
the Food and Drug Administration regulates them and there is
already enough regulation from the federal government.
CHAIR EGAN asked if he thought SB 166 was unnecessary.
MR. RUMBO replied it is very unnecessary. He reiterated that
they are already regulated through the Center for Medicare and
Medicaid Services and by the Food and Drug Administration that
both require minimum education standards for performing his job,
which includes point of care testing.
SENATOR PASKVAN asked what education level he had attained.
MR. RUMBO replied a Bachelor's Degree in Medical Technology.
2:39:21 PM
DON HABEGER, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), commented that currently the fee
on page 5, line 9, is established by the division; central
licensing requires annual review of revenue and expenses. He
explained that essentially, the formula for setting fees has to
match approximate revenue and expenses. If the board is setting
those fees, it should have a similar standard. Otherwise it may
not cover expenses and that would make management of the program
difficult.
SENATOR GIESSEL said language on page 5, line 5, identifies a
three-year licensure duration and asked if other licenses are
provided by the division that endure for three years.
MR. HABEGER replied the he administers 40 programs and only one,
the geologist, has a lifetime license; all others have a two-
year bi-annual cycle.
2:41:55 PM
SENATOR MENARD asked if the department had a position on this.
MR. HABEGER replied no.
MR. OBERMEYER said he could see how raising standards could cost
more, but if some of the results are not adequately understood,
then the public is at risk.
CHAIR EGAN thanked them and said he would hold this bill until
the next meeting. He asked Hilary Martin if she had any
clarifications and found she did not have any comment.
[CHAIR EGAN held SB 166 in committee.]
HB 50-ACCESS TO LICENSED PREMISES
2:45:32 PM
CHAIR EGAN announced consideration of HB 50 [CSHB 50(JUD) was
before the committee].
SENATOR PASKVAN moved to bring CSHB 50(JUD), labeled 27-
LS0254\B, before the committee.
CHAIR EGAN objected for discussion purposes.
2:46:22 PM
REPRESENTATIVE DAN SADDLER, sponsor of HB 50, explained that
this measure deals with patriotic clubs, like the American
Legion or the VFW Halls, which may be licensed premises for
liquor sales as club licenses. The bill does not allow minors to
drink; it's merely an access bill with two basic elements. One
deals with service members over age 21 and the other with those
who are under 21.
He explained that current law allows those active duty personnel
with a military ID over 21 years of age to visit a licensed
Legion or VFW Hall when invited, but only on "special
occasions," which is not defined. This bill illuminates that
vague special occasion restriction so that a soldier who is over
21 can legally visit a VFW or Legion Hall at the club's
invitation on any occasion. Thanks to a previous amendment in
the House, it will also allow that soldier to bring his or her
spouse with.
REPRESENTATIVE SADDLER said the second part of the bill deals
with service members who are under 21 years old, minors. He
explained that patriotic clubs are often the site of off-base
meetings and commander's calls for military units where
important information - potential employments, verbal discipline
and congratulations - is communicated. Excluding minor soldiers
under age 21 could erode unit cohesion and unit morale. HB 50
would allow soldiers under the age of 21 and their spouse with
appropriate IDs to visit a patriotic club's licensed premise if
they are members or guests of a member. If their host leaves,
they have to leave, too.
SENATOR PASKVAN remembered when the drinking age in Alaska was
19 because of the Viet Nam War. Then the federal government said
if you want to receive federal highway dollars, the age had to
be raised to 21 years old. Part of that was establishing a 55
mph speed limit; that is long gone in America, but the 21 year
drinking age remains. They should recognize that 19 and 20 year
old soldiers are probably mature enough to drink, along with the
other 19 and 20 year olds.
SENATOR MENARD asked what type of IDs would be accepted.
REPRESENTATIVE SADDLER replied a current military ID. There is a
whole range of different kinds of military IDs that include
those issued by the Department of Defense and Homeland Security
Card.
SENATOR PASKVAN moved to report CSHB 50 (JUD), version \B, from
committee to the next committee of referral with individual
recommendations and attached zero fiscal note. There were no
objections, and it was so ordered.
2:50:54 PM
At ease from 2:50 to 2:52 p.m.
2:52:58 PM
Finding no further business to come before the committee, Chair
Egan adjourned the Senate Labor and Commerce Committee meeting
at 2:52 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 166 email supporting, Bacom 040712.PDF |
SL&C 4/10/2012 1:30:00 PM |
SB 166 |
| SB 166 CS blank ver I.pdf |
SL&C 4/10/2012 1:30:00 PM |
SB 166 |
| SB 166 Compare version B to version I.pdf |
SL&C 4/10/2012 1:30:00 PM |
SB 166 |
| HB 252 Amendment D.2.PDF |
SL&C 4/10/2012 1:30:00 PM |
HB 252 |