03/25/2014 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB211 | |
| HB269 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 211 | TELECONFERENCED | |
| + | HB 269 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 25, 2014
1:33 p.m.
MEMBERS PRESENT
Senator Mike Dunleavy, Chair
Senator Peter Micciche, Vice Chair
Senator Donald Olson
Senator Bert Stedman
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 211(FIN)
"An Act relating to the education and employment of individuals
with disabilities."
- MOVED SCS CSHB 211(L&C) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 269(JUD)
"An Act relating to immunity for health care providers who
provide health care services voluntarily and without pay; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 211
SHORT TITLE: EMPLOYMENT OF PERSONS WITH DISABILITIES
SPONSOR(s): REPRESENTATIVE(s) MILLETT, GATTIS, HOLMES, HUGHES,
LEDOUX, JOSEPHSON
01/21/14 (H) PREFILE RELEASED 1/10/14
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) L&C, FIN
02/10/14 (H) L&C AT 3:15 PM BARNES 124
02/10/14 (H) Moved CSHB 211(L&C) Out of Committee
02/10/14 (H) MINUTE(L&C)
02/12/14 (H) L&C RPT CS(L&C) 4DP 1NR
02/12/14 (H) DP: MILLETT, JOSEPHSON, REINBOLD, OLSON
02/12/14 (H) NR: CHENAULT
02/18/14 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/18/14 (H) Moved CSHB 211(FIN) Out of Committee
02/18/14 (H) MINUTE(FIN)
02/19/14 (H) FIN RPT CS(FIN) 10DP
02/19/14 (H) DP: GUTTENBERG, EDGMON, GARA, MUNOZ,
THOMPSON, T.WILSON, HOLMES, COSTELLO,
02/19/14 (H) STOLTZE, AUSTERMAN
02/24/14 (H) TRANSMITTED TO (S)
02/24/14 (H) VERSION: CSHB 211(FIN)
02/26/14 (S) READ THE FIRST TIME - REFERRALS
02/26/14 (S) L&C
03/25/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 269
SHORT TITLE: IMMUNITY FOR VOL. HEALTH CARE PROVIDER
SPONSOR(s): REPRESENTATIVE(s) THOMPSON
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) HSS, JUD
02/13/14 (H) HSS AT 3:00 PM CAPITOL 106
02/13/14 (H) Moved CSHB 269(HSS) Out of Committee
02/13/14 (H) MINUTE(HSS)
02/17/14 (H) HSS RPT CS(HSS) NT 5DP
02/17/14 (H) DP: SEATON, PRUITT, KELLER, TARR,
HIGGINS
02/26/14 (H) JUD AT 1:00 PM CAPITOL 120
02/26/14 (H) Heard & Held
02/26/14 (H) MINUTE(JUD)
02/28/14 (H) JUD AT 1:00 PM CAPITOL 120
02/28/14 (H) Moved CSHB 269(JUD) Out of Committee
02/28/14 (H) MINUTE(JUD)
03/03/14 (H) JUD AT 1:00 PM CAPITOL 120
03/03/14 (H) Moved CSHB 269(JUD) Out of Committee
03/03/14 (H) MINUTE(JUD)
03/05/14 (H) JUD RPT CS(JUD) NT 7DP
03/05/14 (H) DP: MILLETT, LEDOUX, PRUITT, FOSTER,
GRUENBERG, LYNN, KELLER
03/14/14 (H) TRANSMITTED TO (S)
03/14/14 (H) VERSION: CSHB 269(JUD)
03/17/14 (S) READ THE FIRST TIME - REFERRALS
03/17/14 (S) L&C
03/25/14 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
VASILIOS GIALOPSOS, Staff
Representative Charisse Millett
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 211 on behalf of the sponsor.
REPRESENTATIVE STEVE THOMPSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 269.
JANE PIERSON, Staff
Representative Steve Thompson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided supporting information on HB 269 on
behalf of the sponsor.
RANDY SWEET, Director of Health Impact
United Way of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 269.
DR. JULIE ROBINSON, DDS
Alaska Dental Society and
Alaska Mission of Mercy
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 269.
DR. DAVID LOGAN, DDS, Legislative Chair
Alaska Dental Society
Juneau, Alaska
POSITION STATEMENT: Offered supporting information related to HB
211.
ACTION NARRATIVE
1:33:21 PM
CHAIR MIKE DUNLEAVY called the Senate Labor and Commerce
Standing Committee meeting to order at 1:33 p.m. Present at the
call to order were Senators Olson, Stedman, and Chair Dunleavy.
Senator Micciche arrived soon thereafter.
HB 211-EMPLOYMENT OF PERSONS WITH DISABILITIES
1:33:58 PM
CHAIR DUNLEAVY announced the consideration of HB 211. "An Act
relating to the education and employment of individuals with
disabilities." He noted that this was the first hearing but the
committee previously heard the companion bill sponsored by
Senator McGuire. [CSHB 211(FIN) was before the committee.]
1:34:13 PM
SENATOR STEDMAN moved conceptual Amendment 1.
AMENEMENT 1
OFFERED IN THE SENATE BY SENATOR STEDMAN
TO: CSHB 211(FIN), Version "P"
Page 1, line 8:
Delete: "State"
Insert: "Education"
CHAIR DUNLEAVY objected for an explanation.
SENATOR STEDMAN explained that it's a technical amendment to
correctly recognize the Secretary of Education.
CHAIR DUNLEAVY removed his objection. Finding no further
objection, Amendment 1 was adopted.
1:35:04 PM
VASILIOS GIALOPSOS, Staff, Representative Charisse Millett,
introduced HB 211 on behalf of the sponsor. He highlighted that
the bill was the companion to SB 163 that the committee heard
several weeks ago. He explained that the intent of HB 211 is to
make Alaska an employment first state, which is a national
movement for all state agencies to work toward gainful,
integrated employment for persons with disabilities. Studies
show that this lowers public health costs while helping a
vulnerable population to self-actualize.
He noted the differences between HB 211 and SB 163. On page 1,
line 15, language was added to clarify that in addition to
gainful employment, a school district's primary objective and
preferred outcome also includes enrollment in postsecondary
education. Subsection (c) in Section 2 was also amended to
eliminate the provision that required the Department of
Education and Early Development (DEED), to collect data that was
already being collected by the Department of Labor and Workforce
Development (DOLWD). Eliminating this redundancy did away with
the fiscal impact to DEED so all the fiscal notes are zero.
SENATOR OLSON asked if there was any opposition to the bill.
MR. GAIALOPSOS said there was one individual who expressed
concern but other than that, there has been overwhelming support
for the bill.
CHAIR DUNLEAVY opened public testimony.
1:38:53 PM
RICH SANDERS, Staff, Governor's Council on Disabilities and
Special Education and Program Coordinator, Division of Senior
and Disabilities Services, Department of Health and Social
Services (DHSS), said he was available for questions.
CHAIR DUNLEAVY closed public testimony and solicited a motion.
1:39:31 PM
SENATOR STEDMAN moved to report CS for HB 211, as amended, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR DUNLEAVY announced that without objection, SCS CSHB
211(L&C) moved from the Senate Labor and Commerce Committee.
1:39:56 PM
At Ease
HB 269-IMMUNITY FOR VOL. HEALTH CARE PROVIDER
1:41:22 PM
CHAIR DUNLEAVY reconvened the meeting and announced the
consideration of HB 269."An Act relating to immunity for health
care providers who provide health care services voluntarily and
without pay; and providing for an effective date." This was the
first hearing. [CSHB 269(JUD) was before the committee.]
1:41:54 PM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 269, introduced the bill speaking to the
following sponsor statement:
HB 269 was drafted due to liability concerns
surrounding an inaugural Alaska Mission of Mercy
(AKMOM) event organized by the Alaska Dental Society,
and scheduled in Anchorage this coming April. The
Mission of Mercy program was started by a group of
dentists thirteen years ago in Virginia. The MOM
programs provide free dental care to local residents
who would not otherwise have access to affordable
dental care. To date, the Mission of Mercy Program in
Alaska has 187 dentist volunteers, seven from out-of-
state. The AKMOM program will provide extractions,
fillings and cleanings as well as other procedures
that can be appropriately performed in a mission
setting. Out-of-State dental professionals will be
licensed to provide pro bono services under courtesy
licenses issued by the Alaska Board of Dental
Examiners. A courtesy license is a medical
professional license issued by the Board for the
purposes of providing free services and enforcing
state disciplinary provisions.
The problem is that there is no clear answer as to
whether an out-of-state dental professional issued a
courtesy license is covered under Alaska Statute
09.65.300. AS 09.65.300 provides statutory immunity
against civil damages resulting from an act or
omission of a health care provider who provides free
health care services, within the scope of their
license. Under AS 09.65.300 a patient must receive
written notice of this immunity as well as giving
informed consent before any medical service is
provided. Under AS 09.65.300 patients still have the
right to sue the medical provider for civil damages
resulting from the provider's gross negligence, or
reckless or intentional misconduct.
Unfortunately, it is unclear whether these out-of-
state dental professionals, participating in the AKMOM
event qualify under AS 09.65.300, the Volunteer Health
Care Provider Immunity Act of 2004. The original
purpose of the statute was to allow retired Alaska
physicians to volunteer their services. The Department
of Law opines that the meaning of the law will
ultimately have to be interpreted in a court case.
HB 269 will clarify AS 09.65.300, ensuring that civil
immunity is extended to these out-of-state medical
professionals who are licensed to provide dental
services in Alaska during the Mission of Mercy Event,
without having the issue come before a lengthy
proceeding before the Court.
Please join Representative Thompson in supporting this
legislation.
SENATOR THOMAS advised that the bill was amended to provide
clarity as to how AS 09.65.300 applies to chiropractors, nurses,
physicians, and dentists who are issued temporary courtesy
medical licenses in order to provide free medical services to
Alaskans. Sideboards were also added to ensure that the consent
is given in writing and that a person receiving health care
service is given the name of a health care provider in the state
to contact for emergency follow-up care within 30 days. He noted
that this Mission of Mercy event will be held April 11-12 in
Anchorage. The expectation is that 2,000 people will receive
care.
1:44:49 PM
SENATOR MICCICHE joined the committee.
CHAIR DUNLEAVY asked if there was a fiscal note.
JANE PIERSON, Staff, Senator Steve Thompson, Alaska State
Legislature, Juneau, Alaska, said there are two fiscal notes and
both are zero.
SENATOR OLSON asked what other health care providers are
included in the bill.
SENATOR THOMAS replied the bill was amended to give temporary
licenses to chiropractors, nurses, physicians, and dentists.
SENATOR OLSON asked if nurse aides, pharmacists, and pharmacists
technicians were included.
MS. PIERSON replied there may be an exception for nurse aides if
they're working under a registered nurse.
1:47:45 PM
RANDY SWEET, Director of Health Impact, United Way of Anchorage,
Anchorage, Alaska, testified in support of HB 269. She reported
that an actuary study said that 20.6 percent of Alaskans do not
have health insurance. The current Volunteer Health Care
Provider Immunity Act gives protection to Alaska providers who
volunteer to help vulnerable Alaskans and many have benefited
from these donated services. She asked the committee to build on
this success by allowing professionals from other states who
have an Alaska temporary courtesy license to donate health care
services under the protections that are given to Alaska health
care providers.
1:49:09 PM
Dr. JULIE ROBINSON, DDS, Alaska Dental Society and Alaska
Mission of Mercy (MOM), testified in support of HB 269. She
reported that they currently have 1,454 volunteers to meet the
Mission of Mercy goal of serving 2,000 Alaskans in two days. She
emphasized that HB 269 offers important immunity protections to
individuals who have generously made an effort to come to Alaska
to donate their services and to those military members who are
taking their day off to provide health care to underserved
residents.
1:52:04 PM
DR. DAVID LOGAN, DDS, Legislative Chair, Alaska Dental Society,
stated support for HB 211 and offered to answer questions.
SENATOR MICCICHE asked him to discuss the Mission of Mercy so
that Alaskans could understand why the bill is important.
DR. LOGAN said this will be the first attempt to do a mission of
mercy in Alaska. It's taken two years to develop the mission
because it's very complicated to box and ship what amounts to
the typical dental operatory for a temporary purpose. He
discussed the recognized need for more dental care and the fact
that many Alaskans find it financially inaccessible. Having an
event that can get people in and deal with their dental problems
is very important for the community, he said. The plan is to
move the event to other locations in the state because there's a
recognized need statewide. The immunity offered in HB 269 is a
valuable addition to military personnel and individuals who are
coming from other states to donate their services.
SENATOR MICCICHE summarized the plan in Anchorage and described
the effort as a commendable service to Alaskans.
1:56:47 PM
SENATOR OLSON asked if he served on the dental board.
DR. LOGAN said yes, he served as president for three years.
SENATOR OLSON asked how dentists are screened to eliminate those
with questionable pasts.
DR. LOGAN replied that it's a matter of an electronic query to
any license a person has and then there's a background check in
case somebody neglects to disclose a license they have. The
requirements vary with the profession, but for the dental board
the participants must have an unblemished disciplinary past in
any state they've held a license.
SENATOR OLSON asked if the dentistry databank was national and
equivalent to the one for physicians.
DR. LOGAN confirmed that there was a national database for
dentists, but he wasn't sure if it ran in parallel or was part
of the same system as for physicians.
CHAIR DUNLEAVY announced he would hold HB 269 for further
consideration, and public testimony would remain open.
1:58:56 PM
There being no further business to come before the committee,
Chair Dunleavy adjourned the Senate Labor and Commerce Standing
Committee meeting at 1:58 p.m.