Legislature(2021 - 2022)ADAMS 519
04/09/2021 09:00 AM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB99 | |
| HB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 99 | TELECONFERENCED | |
| + | HB 117 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 99
"An Act relating to the State Physical Therapy and
Occupational Therapy Board; relating to the practice
of physical therapy; and relating to the practice of
occupational therapy."
9:03:55 AM
REPRESENTATIVE MATT CLAMAN, SPONSOR, thanked the committee
for hearing HB 99. He was carrying the bill at the request
of the Alaska Physical and Occupational Therapy
Associations. He read a prepared statement:
House Bill 99 amends the governing statutes for
physical therapists, physical therapy assistants,
occupational therapists and occupational therapy
assistants practicing in Alaska. The changes it makes
are designed to bring Alaska statutes in line with
national standards and terminology, and overall make
the administrative experience of these professionals
smoother and up to date. This bill is sponsored by the
State Physical Therapy and Occupational Therapy Board,
which believes HB 99 will help the Board in its work
to protect the public. A letter stating that support
is in your packet.
Currently, physical therapists, physical therapy
assistants, occupational therapists, and occupational
therapy assistants are represented by the state
Physical Therapy and occupational Therapy Board. This
board is made up of one physician, three physical
therapists, two occupational therapists, and one
member of the public.
The first change made by this bill is to remove the
physician from this board and replace them with
another occupational therapist, thereby balancing the
representation of the professions on the board.
There is good reason for this change. When the statute
was originally written, the work of physical and
occupational therapists required referral by a
physician. This has not been the case in Alaska for
more than 30 years.
HB 99 also enables the board to discipline a therapist
who commits infractions under AS 08.84.120 such as a
conviction of a felony, gross negligence, or abuse of
alcohol. Currently, the board has the ability to
revoke or deny a license based on infractions but has
no ability to discipline.
This bill also clarifies the language and requirements
for those therapists who receive their training
outside the United States ensuring that their training
is equivalent to a U.S. professional physical therapy
training program and also exempting therapists trained
in an English language program from having to take an
English proficiency test.
Further, this bill updates language in the Alaska
statutes that reference an accrediting entity that no
longer exists and makes the language more general,
allowing the state board to designate the appropriate
accrediting entity as needed. Several other updates to
terminology are made to update the language.
House Bill 99 does not constitute a restructuring of
the relevant statute, but it contains a number of
long-awaited changes. This is a way to make it easier
for professionals to do business in Alaska.
Representative Claman indicated his staff would walk
through the sectional analysis of the bill.
9:06:56 AM
JOEY BOSWORTH, STAFF, REPRESENTATIVE MATT CLAMAN,
introduced himself and read the sectional analysis:
Section 1
AS 08.84.010. Creation and membership of the board.
Removes the seat for a physician and balances out the
board with 3 physical therapists or physical therapy
assistants and 3 occupational therapists or
occupational therapy assistants along with one public
member, to make up the 7-member board. It also changes
the term "physical therapy assistant" to "physical
therapist assistant" in this section and throughout
the entire statute. This change is to conform to the
industry title used nationally.
Section 2
AS 08.84.030. Qualifications for licensing.
Allows the board to have broader authority over what
entities will have accreditation oversight over
physical therapy & occupational therapy education
programs. Some of the accrediting entities listed in
statute are now either renamed or no longer exist,
making that statute obsolete. Section 2 removes
language from the statute relating to additional
supervised field work that occupational therapists
must complete as these requirements are covered by the
accrediting bodies.
Section 3
AS 08.84.032. Foreign-educated applicants.
Changes the section headline from "trained" to
"educated." New language is added that requires
foreign-educated physical therapist or physical
therapy assistant students to have attended a
"substantially" equivalent educational program that is
accredited by a U.S. accreditation entity that has
been approved by the board. Outdated and obsolete
language is removed that can be found on page 4, lines
3 -9 of this bill.
Added to subsection (3) of this section is language
that would require that a physical therapist or
physical therapist assistant pass a test demonstrating
competency of the English language only if their
program was taught in a foreign language. Subsection
(4) requires that a foreign-educated applicant is a
legal alien or a U.S citizen. Subsection (7) requires
them to pay the required fee and meet any other
qualifications for licensure set by the board under
08.84.010(b).
All the above changes in Section 3 are replicated for
occupational therapists or occupational therapy
assistants on page 4, lines 27-31 and over to page 5,
lines 1-22.
Section 4
AS 08.84.060. Licensure by acceptance of credentials.
Makes conforming terminology changes.
Section 5
AS 08.84.065(c). Temporary changes.
Makes conforming terminology changes.
Section 6
AS 08.84.075(b). Limited permit.
Makes conforming terminology changes.
Section 7
AS 08.84.075(c). Limited permit.
Changes language that would now require that a limited
permit is valid for 120 consecutive days.
Section 8
AS 08.84.075(d). Limited permit.
Allows only one limited permit per 12-month period.
Section 9
AS 08.84.090. Licensure.
Updates licensure terminology.
Section 10
AS 08.84.120(a). Refusal, revocation, and suspension
of license.
Adds disciplinary action as a possibility to actions a
board might consider for an infraction of their
licensure and updates terminology in item (7) and
states in (9) that failure to comply with the law or
regulations or order of the board might result in
disciplinary action or suspension of a license.
Section 11
AS 08.04.130(a). False claim of license prohibited.
Adds updated credentialing and terminology.
Section 12
AS 08.84.130(b). False claim of license prohibited.
Updates terminology.
Section 13
AS 08.84.190. Definitions.
Adds a new paragraph defining the updated term
"physical therapist assistant."
Section 14
AS 11.41.470(1). Definitions.
Updates definitions in criminal law/sexual assault
statute.
Section 15
AS 47.17.290(14). Definitions.
Updates terminology under definitions in child
protection statute.
Section 16
AS 08.84.190(7). Definitions.
Repeals subsection (7), which is the definition using
outdated term of physical therapy assistant; according
to Leg. Legal, when the actual "term" used for the
definition is being changed, the entire citing must be
repealed. The new definition is set out on page 8,
Section 13, lines 11-14.
Section 17
Applicability
Sets out the applicability clauses for licensure for
sections 2 and 3 of this Act and for sections 7 and 8.
Section 18
Uncodified law
Transition language for the board vacancy and
appointments for the PT/OT board, and states that the
changes do not apply to current licensees until it is
time for their licensure renewal and then all changes
to the law will apply.
Representative Merrick recognized that Representative
Carpenter had joined the meeting.
9:09:21 AM
Representative Josephson asked if the bill would remove the
need for a referral from a physician or whether it was
already in law. Rep. Claman indicated it was already in
law.
Representative Josephson asked if referrals were done.
Representative Claman replied that a referral was not
required to see a physical therapist or required by
insurance. He shared a personal experience related to the
topic. He thought it had been 30 years since a referral was
required.
Representative Merrick indicated there was an invited
testifier online. She invited her to place herself on the
record.
DR. LEEANNE CARROTHERS, ALASKA GOVERNMENT AFFAIRS LIASON,
ALASKA PHYSICAL THERAPY ASSOCIATION (via teleconference),
was available for questions.
Representative Merrick conveyed that Representative Wool
had joined the meeting. The committee would continue
hearing HB 99 at a later meeting.
HB 99 was HEARD and HELD in committee for further
consideration.
9:11:50 AM
AT EASE
9:12:33 AM
RECONVENED
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 117 Additional Document 3.19.21.pdf |
HFIN 4/9/2021 9:00:00 AM |
HB 117 |
| HB 117 Sponsor Statement version A.pdf |
HFIN 4/9/2021 9:00:00 AM SFIN 5/14/2021 1:00:00 PM |
HB 117 |
| HB 117 Sunset Review DLA 6.19.2020.pdf |
HFIN 4/9/2021 9:00:00 AM |
HB 117 |