Legislature(2021 - 2022)SENATE FINANCE 532
04/22/2022 01:00 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB99 | |
| HB111 | |
| HB168 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 99 | TELECONFERENCED | |
| + | HB 111 | TELECONFERENCED | |
| + | HB 168 | 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."
1:05:03 PM
REPRESENTATIVE MATT CLAMAN, SPONSOR, introduced the
legislation with prepared remarks:
First, I want to thank you for hearing House Bill 99.
We often talk of making Alaska open and ready for
business, House Bill 99 makes sure we're open and
ready for business and specific of the business of
providing physical and occupational therapy. My office
introduced House Bill 99 at the request of the Alaska
Physical and Occupational Therapy Associations.
House Bill 99 amends the governing statutes for
physical therapists, physical therapy assistants,
occupational therapists, and occupational therapy
assistants practicing in Alaska. These changes are
designed to bring Alaska statutes in line with
national standards and terminology and overall make
the administrative experience of these professions and
professionals smoother and up to date.
House Bill 99 is supported by the state Physical
Therapy and Occupational Therapy Board, which believes
House Bill 99 will help the board and its work to
protect the public. The letter stating that support is
in your bill 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. House Bill 99 removes the
physician from this board and replaces them with
another occupational therapist, thereby balancing the
representation of the professions on the board. There
is good reason for this. When this 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.
House Bill 99 also enables the board to discipline a
therapist who commits infractions under AS 08.84.120
such as 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.
Additionally, House Bill 99 clarifies the language and
the requirements for those therapists to receive their
training outside of the United States, ensuring that
their training is equivalent to a U.S. professional
physical therapy program and also exempting therapists
trained in an English language program from having to
take an English proficiency test.
Furthermore, this bill updates language in Alaska
statute that referenced 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 several long-awaited
changes that will make it easier for professionals to
do business in Alaska.
1:07:58 PM
LIZZIE KUBITZ, STAFF, REPRESENTATIVE MATT CLAMAN, discussed
the Sectional Analysis (copy on file):
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.
Ms. Kubitz listed individuals available for questions.
1:12:27 PM
Senator Olson asked if state medical associations and/or
the Medical Board supported the legislation. He highlighted
the bill's proposal to remove a physician [from the
Physical Therapy and Occupational Therapy Board].
Representative Claman replied that he had spoken with
individual physicians.
Senator Olson interjected that there were letters of
support in the bill packets.
Representative Claman replied that the physicians he had
spoken to did not have a problem with the bill.
Senator Olson asked if there was anything from the boards.
Representative Claman replied in the negative.
Senator Olson asked for the percentage of foreign medical
applicants applying for physical and occupational therapy
positions.
1:13:15 PM
AT EASE
1:13:35 PM
RECONVENED
Senator Olson reiterated his previous question.
Representative Claman deferred to Ms. Chambers.
SARA CHAMBERS, DIRECTOR, DIVISION OF CORPORATION, BUSINESS
AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE,
COMMUNITY AND ECONOMIC DEVELOPMENT (via teleconference),
replied that she would follow up with the answer.
Co-Chair Bishop asked Ms. Chambers to provide the answer to
his office for distribution to committee members.
Co-Chair Bishop moved to invited testimony.
LEEANNE CARROTHERS, AMERICAN PHYSICAL THERAPY ASSOCIATION,
ALASKA CHAPTER, WASILLA (via teleconference), spoke in
support of the legislation. The association represented
approximately 450 licensed physical therapists and physical
therapist assistants in Alaska. She stated that the bill
provided many needed language changes and terminology
changes to the existing statute, which would bring Alaska
in line with current national standards, terminology, and
practice. She elaborated that the bill provided balanced
representation by physical and occupational therapy.
Additionally, the bill removed a position from the board,
which was a relic of a time when physical and occupational
therapists required physician supervision and were
accredited by the American Medical Association. The bill
reduced administrative burden and costs for individuals who
graduated from schools taught in English outside of the
United States and provided disciplinary capability to the
board. She summarized that the bill provided necessary
updates, was noncontroversial, and long overdue.
1:16:23 PM
Co-Chair Bishop OPENED public testimony.
1:16:37 PM
AT EASE
1:17:03 PM
RECONVENED
Co-Chair Stedman wondered if there was an error in the
printing of the bill. He observed the version before the
committee was version A. He was being facetious.
Co-Chair Bishop CLOSED public testimony.
Representative Claman stressed that the bill had received
no amendments in the House and there was no committee
substitute.
SB 99 was HEARD and HELD in committee for further
consideration.
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