Legislature(2023 - 2024)ADAMS 519

03/05/2024 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= HB 126 ASSOCIATE AND PROFESSIONAL COUNSELORS TELECONFERENCED
Moved HB 126 Out of Committee
+ HB 115 NATUROPATHS: LICENSING; PRACTICE TELECONFERENCED
Heard & Held
+ HB 111 EDUCATION FOR DEAF & HEARING IMPAIRED TELECONFERENCED
<Bill Hearing Canceled>
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 115                                                                                                            
                                                                                                                                
     "An  Act  relating  to  the  practice  of  naturopathy;                                                                    
     establishing the  Naturopathy Advisory  Board; relating                                                                    
     to   the   licensure   of  naturopaths;   relating   to                                                                    
     disciplinary  sanctions  for naturopaths;  relating  to                                                                    
     the  Department of  Commerce,  Community, and  Economic                                                                    
    Development; and providing for an effective date."                                                                          
                                                                                                                                
9:27:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE PRAX, SPONSOR,  provided a brief history                                                                    
to  explain the  need for  the bill.  He read  from prepared                                                                    
remarks:                                                                                                                        
                                                                                                                                
     Advances  in  pharmaceutical  research  accompanied  by                                                                    
     government  licensing  of pharmaceuticals  and  medical                                                                    
     practice has  caused the  American medical  industry to                                                                    
     evolve   towards  fighting   disease   as  opposed   to                                                                    
     maintaining   health.  But   a   renewed  interest   in                                                                    
     maintaining health  to avoid the need  to fight disease                                                                    
     started  to take  hold in  the late  50s as  stories of                                                                    
     serious side effects  from modern pharmaceuticals began                                                                    
     to emerge.  Medical schools  focused on  training their                                                                    
     students  to   understand  how  our   bodies  naturally                                                                    
     respond  to disease  and how  to maintain  that healthy                                                                    
     response grew in response to  this renewed interest. As                                                                    
     schools  of  naturopathy  grew,  nationally  recognized                                                                    
     accrediting standards comparable  to other schools were                                                                    
     established.   This  led   states  to   issue  licenses                                                                    
     specific to practicing naturopathic medicine.                                                                              
                                                                                                                                
     The  Alaska Legislature  first recognized  the practice                                                                    
     of naturopathic  medicine as  a licensed  profession in                                                                    
     1986,  but  it  did  not  allow  naturopaths  to  give,                                                                    
     prescribe, or recommend  prescription drugs, controlled                                                                    
     substances or poisons, or to engage in surgery.                                                                            
                                                                                                                                
     Naturopaths  need to  understand  pharmacology so  they                                                                    
     are  able to  recognize  when  prescribing drugs  might                                                                    
     benefit  their  patients  and especially  to  recognize                                                                    
     when  their  patients  might   be  suffering  from  the                                                                    
     adverse  effects  of  drugs  previously  prescribed  to                                                                    
     them.  Accredited schools  of  naturopathy provide  the                                                                    
     same   pharmacological  education   as  other   medical                                                                    
     schools. Recognizing that  naturopaths receive the same                                                                    
     level    of   pharmaceutical    education   as    other                                                                    
     practitioners,  other states  trust naturopaths  to use                                                                    
     their best  judgement when  prescribing drugs,  just as                                                                    
     they  trust other  medical practitioners  to use  their                                                                    
     best judgement when prescribing drugs.                                                                                     
                                                                                                                                
     Similarly,  other  states  recognize  that  naturopaths                                                                    
     receive   the  same   surgical   training  as   general                                                                    
     practitioners,  so they  know what  surgical procedures                                                                    
     they can  perform and what is  beyond their capability,                                                                    
     so other states allow  naturopaths to perform surgeries                                                                    
     according  to   their  best   judgement.  Consequently,                                                                    
     naturopaths are discouraged from  opening a practice in                                                                    
     Alaska because they were  restricted from practicing to                                                                    
     the level  that they're trained.  Furthermore, Alaskans                                                                    
     who  could   obtain  a   prescription  or   a  surgical                                                                    
     procedure  directly  from  their  naturopath  in  other                                                                    
     states  must  pay for  an  additional  office visit  to                                                                    
     obtain  a prescription  or  a  surgical procedure  that                                                                    
     their  Alaska  licensed  naturopath  could  provide  or                                                                    
     perform  were it  not for  Alaska's overly  restrictive                                                                    
     licensing statutes.  This causes  Alaskans to  pay more                                                                    
     than  necessary for  medical  care  and it  exacerbates                                                                    
     Alaska's shortage of primary care practitioners.                                                                           
                                                                                                                                
     HB  115  is  intended to  align  Alaska's  professional                                                                    
     licensing   standards    with   nationally   accredited                                                                    
     naturopathic   medical    schools'   doctorial   degree                                                                    
     standards.    Passing   115    will   allow    licensed                                                                    
     naturopathic  doctors to  serve  Alaskans  to the  full                                                                    
     extent  of  their  training.  Allowing  naturopaths  to                                                                    
     practice  to the  full extent  of  their training  will                                                                    
     encourage  more  naturopathic  doctors to  practice  in                                                                    
     Alaska.  Having  more  naturopaths practice  in  Alaska                                                                    
     will  alleviate  Alaska's   shortage  of  primary  care                                                                    
     professionals  and relieving  our  shortage of  primary                                                                    
     care professionals will improve public health.                                                                             
                                                                                                                                
Representative Prax asked his staff to review the bill and                                                                      
a sectional analysis.                                                                                                           
                                                                                                                                
9:32:21 AM                                                                                                                    
                                                                                                                                
RILEY  NYE, STAFF,  REPRESENTATIVE MIKE  PRAX, introduced  a                                                                    
PowerPoint Presentation titled  "House Bill 115 Naturopaths;                                                                    
Licensing; Practice" dated March 5,  2024 (copy on file). He                                                                    
read from slide 2:                                                                                                              
                                                                                                                                
   WHAT IS A NATUROPATHIC DOCTOR?                                                                                               
                                                                                                                                
   • primary care provider with a four-year post graduate                                                                     
     medical degree who:                                                                                                        
   • practices evidence-based primary care, with a patient-                                                                   
     centered focus,                                                                                                            
   • prioritizes disease prevention and discovering root                                                                      
     cause of illness,                                                                                                          
   • whose treatments focus on lifestyle modifications,                                                                       
     nutrition and low-risk intervention                                                                                        
                                                                                                                                
Mr. Nye read from slide 3:                                                                                                      
                                                                                                                                
     WHAT ABOUT THEIR EDUCATION?                                                                                                
                                                                                                                                
     Education                                                                                                                  
     •  4-Year Medical  School  Program  accredited  by  the                                                                  
      Council of Naturopathic Medical Education with                                                                            
     •  2 years  of medical  sciences (anatomy,  physiology,                                                                  
        microbiology, immunology, etc.)                                                                                         
                                                                                                                                
     Pre-requisites                                                                                                             
     • 4-yr undergraduate degree and additional pre-med                                                                       
        coursework                                                                                                              
                                                                                                                                
     Residency                                                                                                                  
     • Less common because they are not trained as                                                                            
        hospitalists                                                                                                            
     • 1-3 yr residency options available; nationwide                                                                         
        there's a shortage                                                                                                      
     • Note that residencies are not required for                                                                             
        independent primary care providers who hold                                                                             
        prescriptive privileges                                                                                                 
                                                                                                                                
     Licensing                                                                                                                  
     • Naturopaths must pass the two-part Naturopathic                                                                        
        Physicians Licensing Examination (NPLEX) before                                                                         
        being licensed to practice                                                                                              
                                                                                                                                
Mr. Nye skipped slide 4 and  turned to slide 5 showing a map                                                                    
of  the  United  States with  states  licensing  naturopaths                                                                    
represented  in   green.  He  noted  that   23  states  were                                                                    
licensing   naturopaths.  He   moved  to   slide  6   titled                                                                    
"Prescriptive  Authority  for   Naturopaths."  States  where                                                                    
naturopaths had  prescriptive authority were shown  in green                                                                    
and  states  that licensed  naturopaths  but  did not  grant                                                                    
prescriptive authority  were shown in yellow.  He noted that                                                                    
California   was  shown   in   light   green  indicating   a                                                                    
collaborative   agreement   that  allowed   naturopaths   to                                                                    
prescribe  a certain  number of  prescriptions for  one year                                                                    
and prescription authority  without collaboration after that                                                                    
one-year period.                                                                                                                
                                                                                                                                
Mr. Nye addressed  a map on slide 7  reflecting states where                                                                    
naturopaths had  prescriptive authority. The states  in dark                                                                    
green gave naturopaths  prescriptive authority of controlled                                                                    
substances.   The  light   green  states   gave  naturopaths                                                                    
prescriptive authority  but did not allow  them to prescribe                                                                    
controlled  substances. The  yellow  states reflected  areas                                                                    
where   naturopaths  were   licensed   but   did  not   have                                                                    
prescriptive  authority. He  concluded  the presentation  on                                                                    
slide 8:                                                                                                                        
                                                                                                                                
     House Bill 115                                                                                                             
                                                                                                                                
     • Modernizes statutes for Naturopaths                                                                                    
     • Cleans up outdated language                                                                                            
     • Imposes the same public health duties on Naturopaths                                                                   
        as other medical providers                                                                                              
     • Updates scope of practice for Naturopaths that                                                                         
        includes limited prescriptive authority                                                                                 
     • Allows minor office procedures                                                                                         
     • NO MORE duplicative office visits                                                                                      
     • Improved access to care for Alaskans                                                                                   
     • More choice for patients                                                                                               
                                                                                                                                
9:36:49 AM                                                                                                                    
                                                                                                                                
Co-Chair Foster pointed out that  the third paragraph of the                                                                    
sponsor  statement (copy  on file)  stated that  HB 115  set                                                                    
clear statutory guidelines to  allow licensed naturopaths to                                                                    
perform  minor  office  procedures  and  to  prescribe  non-                                                                    
controlled  medications.  He  noted  that  the  presentation                                                                    
specified  that   Alaska  did   not  allow   naturopaths  to                                                                    
prescribe  controlled  substances.  He looked  at  slide  8,                                                                    
which specified the bill would  update the scope of practice                                                                    
for naturopaths  to include limited  prescriptive authority.                                                                    
He  asked for  verification that  the bill  would not  allow                                                                    
naturopaths  to  prescribe controlled  substances  including                                                                    
opioids.                                                                                                                        
                                                                                                                                
Representative  Prax responded  affirmatively. He  explained                                                                    
that there  was a difference between  prescription drugs and                                                                    
controlled   substances.   He   detailed   that   controlled                                                                    
substances were considered by the  federal government to not                                                                    
have sufficient medical value to justify the risk.                                                                              
                                                                                                                                
9:38:37 AM                                                                                                                    
                                                                                                                                
Representative  Josephson stated  that  he had  a number  of                                                                    
concerns  with  the  bill.   He  believed  the  presentation                                                                    
referenced  Section  6  and observed  that  a  person  could                                                                    
obtain a temporary  license without passing an  exam. He was                                                                    
concerned  about  the specific  item  because  there was  no                                                                    
requirement  for post-degree  residency or  internships. Yet                                                                    
there was  a way to  get to  a temporary license  that would                                                                    
allow  a   person  to  prescribe   and  do   minor  surgical                                                                    
procedures. He  asked if the  committee should  be concerned                                                                    
about  the provision.  He noted  that even  if a  person had                                                                    
failed the exam,  the only requirement in Section  6 was for                                                                    
a  person to  register for  the  next exam.  He stated  that                                                                    
theoretically a  person could be treating  a patient without                                                                    
passing  the  exam.  He  asked   if  his  understanding  was                                                                    
accurate.                                                                                                                       
                                                                                                                                
Representative Prax deferred the  question to Dr. Luper with                                                                    
the Alaska Association of Naturopathic Doctors.                                                                                 
                                                                                                                                
9:42:09 AM                                                                                                                    
                                                                                                                                
SCOTT  LUPER,  ALASKA  ASSOCIATION OF  NATUROPATHIC  DOCTORS                                                                    
(via teleconference),  responded that  he did not  believe a                                                                    
person could  practice under a temporary  license. He stated                                                                    
the information was news to him.                                                                                                
                                                                                                                                
Representative Josephson  stated that  the issue  struck him                                                                    
as hugely  important. He explained  that the  bill specified                                                                    
that a  person could have  failed an exam. He  remarked that                                                                    
the  current  law seemed  to  express  concern about  having                                                                    
failed  exam.  The  bill  would   delete  the  language  and                                                                    
indicate  there   was  not  concern  over   a  failed  exam.                                                                    
Additionally,  the  bill  allowed   a  person  to  obtain  a                                                                    
temporary  license  even though  they  had  failed an  exam.                                                                    
Additionally,  there  did not  seem  to  be restrictions  on                                                                    
prescribing or doing minor surgical  procedures. He asked if                                                                    
the committee should be concerned.                                                                                              
                                                                                                                                
Mr. Luper  responded in the  affirmative. He shared  that he                                                                    
had  trained  18 residents  or  first  year doctors  in  his                                                                    
clinic. He  detailed that  one year his  clinic had  hired a                                                                    
resident before  she had passed  the exams in the  hopes the                                                                    
individual would pass  her exams and be able  to begin work.                                                                    
He relayed that the individual  had not passed her exams and                                                                    
she  was unable  to practice.  He stated  that common  sense                                                                    
would dictate  that if  a person did  not pass  their exams,                                                                    
they did not get to be  a doctor. He noted that the specific                                                                    
individual had  ultimately passed her  exams and was  now in                                                                    
practice.                                                                                                                       
                                                                                                                                
Representative Josephson discussed  his primary concern with                                                                    
the  bill. He  provided  a hypothetical  scenario where  law                                                                    
allowed medical  doctors and osteopaths to  no longer adhere                                                                    
to  the American  Medical Association  (AMA) requirement  of                                                                    
12,000  to 16,000  hours of  internship  or residencies.  He                                                                    
asked  what the  public would  think. He  asked if  it would                                                                    
gain the public's confidence.                                                                                                   
                                                                                                                                
Mr. Luper  answered that  naturopathic doctors  were trained                                                                    
as primary care  providers. He clarified that  they were not                                                                    
trained as  specialists. Whereas  medical doctors  (MDs) and                                                                    
doctors of osteopathic (DOs)  medicine, with their extensive                                                                    
residencies, were trained to be  specialists and more than a                                                                    
regular  doctor.  He  highlighted   that  there  were  other                                                                    
practitioners in the state who  were also trained as primary                                                                    
care  providers (e.g.,  nurse  practitioners)  who were  not                                                                    
required  to do  residencies. The  individuals were  able to                                                                    
practice  safely  and  effectively. He  underscored  it  was                                                                    
already  being  done  in  Alaska.   In  other  states  where                                                                    
naturopathic doctors  could practice  up to the  full extent                                                                    
of their education where they  were allowed to prescribe and                                                                    
do minor  surgical procedures,  they also  practiced safely.                                                                    
He  clarified that  the naturopathic  doctors  would not  be                                                                    
equal  to  MDs  and  DOs  because  they  did  not  have  the                                                                    
training;  however, they  were adequate  to provide  primary                                                                    
care.  He highlighted  that  naturopathic doctors'  training                                                                    
exceeded   the   hours   and  patient   content   of   nurse                                                                    
practitioners.  He added  that  physicians' assistants  were                                                                    
able  to provide  primary  care,  and naturopathic  doctors'                                                                    
training far  exceeded PA training.  The bill was  trying to                                                                    
bring  the  licensing  ability  up  to  what  the  level  of                                                                    
education was.                                                                                                                  
                                                                                                                                
9:48:02 AM                                                                                                                    
                                                                                                                                
Representative  Josephson  understood  there was  a  pending                                                                    
bill  that  would  enable  PAs  to  work  independently.  He                                                                    
directed  a question  to  the bill  sponsor.  He noted  that                                                                    
Representative  Prax had  talked about  pharmacology in  his                                                                    
description.   He   believed   the   bill   purported   that                                                                    
naturopathic doctors' pharmacology  classwork was comparable                                                                    
to the classwork done by  medical doctors. However, he noted                                                                    
that  Representative  Prax's   statement  implied  that  the                                                                    
things learned by naturopathic doctors  were not to be fully                                                                    
believed.  He   interpreted  the  statement  to   mean  that                                                                    
naturopathic   doctors   were  learning   pharmacology   but                                                                    
resisting  what they  had  learned to  move  in a  different                                                                    
direction to be  circumspect of the things  they had learned                                                                    
in terms of the delivery  or efficacy of prescription drugs.                                                                    
He  asked if  his understanding  was accurate.  He noted  it                                                                    
struck him as counterintuitive.                                                                                                 
                                                                                                                                
Representative   Prax  responded   that   the  practice   of                                                                    
naturopathy  was different  than allopathic  medicine, which                                                                    
focused on  treating the symptoms  of the disease.  He noted                                                                    
that  naturopathic medicine  focused more  on prevention  of                                                                    
disease.  He confirmed  that  naturopaths  took a  different                                                                    
approach  to their  practice; however,  they needed  to know                                                                    
how  to treat  acute  medical problems  that need  immediate                                                                    
attention in order  to prevent a stroke or  heart attack. He                                                                    
explained  that  in some  cases  it  may be  appropriate  to                                                                    
prescribe  a  drug  to  do just  that.  He  elaborated  that                                                                    
naturopaths would  also want to  continue with  other things                                                                    
that people could do to  reduce their blood pressure without                                                                    
relying   on   medications.   He  relayed   that   in   some                                                                    
circumstances  people  were  prescribed   a  drug  that  had                                                                    
adverse  effects and  naturopaths and  physicians needed  to                                                                    
understand adverse effects  to determine if it  could be the                                                                    
underlying problem. He stated  that naturopaths needed to be                                                                    
trained  to the  same level  even though  did not  intend to                                                                    
rely on prescriptions.                                                                                                          
                                                                                                                                
9:51:16 AM                                                                                                                    
                                                                                                                                
Representative Ortiz  referenced the language on  slide 8 of                                                                    
the  presentation  that  specified the  bill  allowed  minor                                                                    
office procedures.  He asked if the  presentation should say                                                                    
that the bill allowed  minor surgical procedures rather than                                                                    
minor office procedures.                                                                                                        
                                                                                                                                
Representative Prax  agreed it was  the intent of  the bill.                                                                    
He used the stitching of a  mole as an example. He explained                                                                    
that  the  procedures  would  be   more  or  less  the  same                                                                    
procedures a general practitioner  may perform in office. It                                                                    
would  be  unreasonable to  think  that  a naturopath  would                                                                    
perform internal procedures such as heart transplants.                                                                          
                                                                                                                                
Representative  Ortiz   asked  what  level  of   training  a                                                                    
naturopath   received   for    performing   minor   surgical                                                                    
procedures in  their four-year postgraduate  degree program.                                                                    
He asked  if minor  surgical procedures  were part  of their                                                                    
regular training.                                                                                                               
                                                                                                                                
Mr.  Nye responded  that naturopaths  received the  training                                                                    
during their four-year doctorate  degree. He deferred to Mr.                                                                    
Tim  Birdsall with  the Alaska  Association of  Naturopathic                                                                    
Doctors for further detail.                                                                                                     
                                                                                                                                
TIM  BIRDSALL, NATUROPATHIC  DOCTOR,  ALASKA ASSOCIATION  OF                                                                    
NATUROPATHIC DOCTORS (via  teleconference), replied that the                                                                    
term "minor  office procedures"  had been  used historically                                                                    
in  naturopathic licensing  to  avoid  confusion with  major                                                                    
surgery,  which was  excluded in  the scope  of practice  in                                                                    
every  state  that  licensed naturopathic  doctors.  Usually                                                                    
there  were other  specific  provisos  about other  specific                                                                    
things that were  not allowed even though they  may not fall                                                                    
into  a  general  surgery  category  and  surgery  involving                                                                    
tendons,   ligaments,  blood   vessels,   eyes,  and   other                                                                    
procedures  that  may be  done  outside  an operating  room.                                                                    
Minor  procedures in  general were  things  that involved  a                                                                    
surgical  incision or  removal of  something in  addition to                                                                    
things that did not require  incision such as stitching up a                                                                    
laceration.  He relayed  that  those  techniques and  skills                                                                    
were  included  in  the  curriculum  and  training  for  all                                                                    
naturopathic doctors.                                                                                                           
                                                                                                                                
Representative Ortiz believed that  naturopaths made a great                                                                    
contribution  to medical  care, and  he generally  liked the                                                                    
idea of  prioritizing disease prevention. However,  he asked                                                                    
what level  of training naturopaths received  in their four-                                                                    
year postgraduate  medical degree for prescribing  drugs. He                                                                    
believed  there   was  substantial  training   in  residency                                                                    
programs  where  standard  medical doctors  were  under  the                                                                    
supervision  of other  medical doctors,  while that  did not                                                                    
occur for  naturopaths because they  did not  have residency                                                                    
programs. He highlighted that  training in prescribing drugs                                                                    
and  in  surgical   procedures  were  a  big   part  of  the                                                                    
supervised  residency  program  that was  not  available  to                                                                    
naturopaths.  He   asked  where  naturopaths   received  the                                                                    
training for prescribing drugs.                                                                                                 
                                                                                                                                
Mr.  Birdsall responded  that naturopathic  doctors received                                                                    
extensive    didactic   training    in   pharmacology    and                                                                    
understanding   of    drugs   including    indications   and                                                                    
contraindications  as well  as supervised  clinical training                                                                    
in the last two years of medical school.                                                                                        
                                                                                                                                
10:00:26 AM                                                                                                                   
                                                                                                                                
Representative  Ortiz   thought  the  idea   of  naturopaths                                                                    
wanting  the  licensure  to prescribe  drugs  seemed  almost                                                                    
counterintuitive  to the  underlying  mission to  prioritize                                                                    
disease prevention and discover root causes.                                                                                    
                                                                                                                                
Mr. Birdsall believed that some  of what Representative Prax                                                                    
stated in his initial summary  of the bill reflected more of                                                                    
a  historical  view  of  pharmaceuticals  as  opposed  to  a                                                                    
current view. He  explained that it was the  position of all                                                                    
naturopathic  organizations across  the  country that  there                                                                    
was a hierarchy  of therapeutics, meaning there  was a place                                                                    
for  everything.  He  agreed  that  ideally  every  case  of                                                                    
hypertension  could  be  controlled by  diet  and  lifestyle                                                                    
counseling, but it  was not the case. He  detailed that some                                                                    
cases  would require  more intervention,  such as  an herbal                                                                    
medicine or  dietary change; however, when  those things did                                                                    
not work  or when  a patient's condition  was so  acute that                                                                    
prescription medications were necessary,  it was included in                                                                    
naturopaths' philosophy.  Naturopaths did not turn  to drugs                                                                    
as  the first  line  of  therapy very  often,  but they  did                                                                    
occasionally. For example,  he had seen a woman  with a sore                                                                    
throat  in his  office recently  who  had turned  out to  be                                                                    
positive  for  strep  throat.  In   his  opinion,  the  most                                                                    
appropriate   intervention  was   for   antibiotics.  As   a                                                                    
naturopath, he  was unable to  prescribe the  medication and                                                                    
had sent the patient to  a nurse practitioner to receive the                                                                    
antibiotics.  The  situation  had   resulted  in  delay  and                                                                    
additional  cost.  He  explained   that  the  situation  was                                                                    
unnecessary as he  knew exactly what to  prescribe. He added                                                                    
that he  used the  same resources as  anyone else  and could                                                                    
consult  references to  ensure  his  actions were  compliant                                                                    
with up  to date  information. Additionally,  if he  were to                                                                    
choose   to    not   prescribe   medications    because   of                                                                    
philosophical reasons,  patients coming  to him would  be on                                                                    
drugs and he needed to  understand the drugs including their                                                                    
indications and contraindications to treat a patient.                                                                           
                                                                                                                                
10:04:46 AM                                                                                                                   
                                                                                                                                
Co-Chair  Foster noted  that Representative  Tomaszewski had                                                                    
joined the meeting.                                                                                                             
                                                                                                                                
Representative  Stapp asked  how the  scope of  practice for                                                                    
naturopaths in  Alaska under  the legislation  would compare                                                                    
to those in Montana or Idaho.                                                                                                   
                                                                                                                                
Mr. Luper responded that the  scope of practice would be the                                                                    
same. He noted  there were some subtle  differences, and the                                                                    
prescription rights would not be identical.                                                                                     
                                                                                                                                
Representative   Stapp  he   referenced   a  chart   showing                                                                    
physician acts that directly harm  patients with a sample of                                                                    
6,000  licenses (page  3  addendum b).  He  looked at  Idaho                                                                    
observed there  had been  no complaints  against naturopaths                                                                    
related  to  actions  for misdiagnosis  or  failure  to  use                                                                    
standard  of care  protocols. Likewise,  there  had been  no                                                                    
complaints against naturopaths  for performing an inadequate                                                                    
procedure  that was  not in  the  scope of  practice or  for                                                                    
inappropriately   prescribing  drugs.   He   asked  if   the                                                                    
experience in  Alaska would  be dramatically  different than                                                                    
in   Montana,  Idaho,   or  New   Hampshire  in   the  event                                                                    
naturopaths in Alaska were allowed  to expand their scope of                                                                    
practice.                                                                                                                       
                                                                                                                                
Mr. Luper responded that it  would be the same. He explained                                                                    
that naturopathic medicine had  been practiced for 100 years                                                                    
and  in  most of  the  states  under discussion  safely  for                                                                    
decades. He noted the number  of complaints was very low. He                                                                    
noted that any profession  would have an occasional problem,                                                                    
but  the  rate   of  problems  was  much   less  than  other                                                                    
professions and particularly much less  than MDs and DOs. He                                                                    
relayed  that [naturopathic]  doctors were  well trained  to                                                                    
conscientiously  provide  good care  to  the  best of  their                                                                    
ability. He would be glad to  bring in experts to testify as                                                                    
to the quality  and depth of education. He  pointed out that                                                                    
the record  spoke for  itself. In  reality, the  practice of                                                                    
naturopathic  medicine  had  been  safe  and  effective.  He                                                                    
highlighted there  was a shortage of  primary care providers                                                                    
in  Alaska. He  relayed  that there  were  about 50  doctors                                                                    
ready to  fill the primary care  gap in Alaska if  only they                                                                    
were  allowed  to  practice  like   they  were  trained.  He                                                                    
reiterated  that  naturopaths  practiced  safely  and  would                                                                    
continue to do so.                                                                                                              
                                                                                                                                
Representative  Stapp  asked  if   there  was  any  material                                                                    
difference in  the education  and training  for naturopathic                                                                    
doctors in Montana  and Idaho than there would  be in Alaska                                                                    
if the bill passed.                                                                                                             
                                                                                                                                
10:09:59 AM                                                                                                                   
                                                                                                                                
Mr.  Birdsall   responded  that  there  was   no  difference                                                                    
whatsoever.   He  relayed   that   there   were  only   five                                                                    
naturopathic medical schools in  the country, which were all                                                                    
accredited   by   the   Council  on   Naturopathic   Medical                                                                    
Education. The  schools had essentially the  same curriculum                                                                    
and  were all  eligible for  taking the  NPLEX [Naturopathic                                                                    
Physicians  Licensing  Examinations]. He  anticipated  there                                                                    
would  be  no  difference  in   the  training  or  level  of                                                                    
expertise  of   doctors  licensed  in  Alaska   compared  to                                                                    
Washington,  Oregon, Montana,  Idaho, and  any other  states                                                                    
with licensing laws.                                                                                                            
                                                                                                                                
Co-Chair Johnson  looked at  page 2, Section  2 of  the bill                                                                    
that added a naturopathic board.  She referenced a number of                                                                    
existing executive  orders to remove or  consolidate boards.                                                                    
She wondered if there was  an existing board the naturopaths                                                                    
could go under such as the medical board.                                                                                       
                                                                                                                                
Representative Prax  deferred the question to  Ms. Robb with                                                                    
DCCED.                                                                                                                          
                                                                                                                                
SYLVAN  ROBB, DIRECTOR,  DIVISION OF  CORPORATIONS, BUSINESS                                                                    
AND   PROFESSIONAL   LICENSING,  DEPARTMENT   OF   COMMERCE,                                                                    
COMMUNITY AND ECONOMIC DEVELOPMENT  responded that DCCED had                                                                    
one  regulatory board  that covered  a  number of  different                                                                    
professions    including    architects,   engineers,    land                                                                    
surveyors,  and  landscape  architects;  however,  typically                                                                    
boards regulated  their own  professions and  were singular.                                                                    
She  did not  believe it  would be  a great  fit to  put the                                                                    
naturopaths under  a different  board. She relayed  that the                                                                    
department was  interested in seeing  an advisory  board for                                                                    
naturopaths. She  added that the  profession was  very small                                                                    
and there were  only 56 licensed naturopaths  in Alaska. She                                                                    
explained  that an  advisory board  put less  burden on  the                                                                    
practitioners.  Additionally,  it  was   a  small  group  of                                                                    
individuals and they  all knew each other,  which could lead                                                                    
to some  challenges within the  board in terms of  trying to                                                                    
regulate the profession.                                                                                                        
                                                                                                                                
10:13:10 AM                                                                                                                   
                                                                                                                                
Co-Chair  Johnson  referenced  an  American  Association  of                                                                    
Naturopathic  Physicians document  showing frequently  asked                                                                    
questions   (copy  on   file).  She   stated  she   was  not                                                                    
immediately opposed to the bill,  but she wanted to see real                                                                    
facts. She noted  that one of the items in  the handout read                                                                    
"reduce the incidence of illnesses  and fatalities caused by                                                                    
hospital  errors."  She  wanted  to  know  how  naturopathic                                                                    
doctors  accomplished   this.  She  recalled   some  elderly                                                                    
individuals saying they  did not go to  the hospital because                                                                    
people die there. She thought it  was kind of the same idea.                                                                    
She asked if the sponsor could elaborate.                                                                                       
                                                                                                                                
Representative  Prax responded  that answering  the question                                                                    
was  a  little  difficult  without  being  critical  of  the                                                                    
current  medical industry.  He stated  that a  key point  of                                                                    
using  naturopathic   medicine  as  opposed   to  allopathic                                                                    
medicine,  was that  patients needed  to be  patient because                                                                    
naturopaths  did   not  generally  offer   an  instantaneous                                                                    
solution.  He stated  that  the  instantaneous solution  was                                                                    
generally   powerful  medications   and   maybe  even   some                                                                    
derivatives of  some less powerful herbs;  therefore, when a                                                                    
mistake was made,  it was a big mistake. He  stated that the                                                                    
practice  of naturopathy  was much  more  cautious and  much                                                                    
less  likely to  result in  a big  mistake. He  elaborated a                                                                    
naturopath could  find that a  particular treatment  may not                                                                    
work  and  that  a  different   treatment  was  needed,  but                                                                    
treatments were  not causing emergency reactions  to a drug.                                                                    
He stated it  was his primary reason  for choosing treatment                                                                    
from a naturopath.                                                                                                              
                                                                                                                                
10:16:31 AM                                                                                                                   
                                                                                                                                
Representative Josephson  commented that  one of  the things                                                                    
the committee was hearing was  that naturopaths were primary                                                                    
care providers.  He did  not believe  there was  any denying                                                                    
that.  He stated  that other  MDs and  DOs who  were primary                                                                    
care providers were subject to  AS 9.55.540 on the burden of                                                                    
proof and a  malpractice action. He stated  that it involved                                                                    
standard of practice, scope of  practice, and complying with                                                                    
the  standard.  He  would  want to  know  why  the  specific                                                                    
section  defining healthcare  provider/patient relationships                                                                    
was  not melded  into  the bill.  He  thought the  committee                                                                    
needed  to  delve  into  the  issue  of  malpractice  within                                                                    
naturopathy  and how  the industry  reviewed itself  in that                                                                    
way.                                                                                                                            
                                                                                                                                
Representative  Galvin was  very  supportive of  naturopathy                                                                    
but  understood  there  may be  two  different  lanes  under                                                                    
discussion. She  referenced the AMA  and oversight  over the                                                                    
medical community and had read  that there were no standards                                                                    
around  course content  for naturopaths  in pharmacology  in                                                                    
particular.  She stated  it was  a  concern. She  considered                                                                    
whether a board would  help naturopaths have guidelines. She                                                                    
asked the  sponsor to address  the issue. She  mentioned Dr.                                                                    
Madara,  the AMA  director who  described what  the training                                                                    
was  like.  The  AMA  suggested there  was  no  guarantee  a                                                                    
naturopathic student  would ever see patients  who were sick                                                                    
or  hospitalized during  their  clinical  rotations and  may                                                                    
never care for some of  the most vulnerable patients such as                                                                    
children or  senior citizens. She considered  that there may                                                                    
not be the same level  of training for naturopaths [compared                                                                    
to MDs  and DOs]  when it  came to  critical needs.  She had                                                                    
read that a naturopath  undertaking a minor office procedure                                                                    
could  result in  the removal  of  a mole  that was  perhaps                                                                    
cancerous but could go undetected.                                                                                              
                                                                                                                                
10:21:14 AM                                                                                                                   
                                                                                                                                
Mr.  Nye   replied  that   the  legislation   would  require                                                                    
naturopaths  to take  a pharmaceutical  exam, which  was the                                                                    
equivalent of  anything offered by the  state medical board.                                                                    
He assumed  that without the  proper training,  a naturopath                                                                    
would be unable to pass the exam.                                                                                               
                                                                                                                                
Mr. Birdsall  responded that Dr.  Clyde Jensen  had provided                                                                    
testimony in other  hearings on the bill. He  noted that Dr.                                                                    
Jensen  was a  pharmacologist and  healthcare administrator.                                                                    
He  stated that  Dr.  Jensen  was the  only  person to  have                                                                    
served  as the  president of  an allopathic  medical school,                                                                    
and osteopathic  medical school, and a  naturopathic medical                                                                    
school.  He relayed  that Dr.  Jensen had  testified several                                                                    
weeks  earlier  that  the  curriculum   was  the  same,  the                                                                    
textbooks were  the same, and the  information presented was                                                                    
the same.  He highlighted  Dr. Jensen's experience  that the                                                                    
training [for naturopaths] was comparable  [to MDs and DOs].                                                                    
He relayed that  over the past several  decades, schools had                                                                    
worked  to  ensure  a broad  scope  of  patient  populations                                                                    
including homeless. He detailed  that the three naturopathic                                                                    
schools  on the  West Coast  in Seattle,  Portland, and  San                                                                    
Diego had  students seeing homeless population  patients. He                                                                    
explained that  the elderly  and pediatric  populations were                                                                    
well  represented  in  the  patients  seen  in  naturopathic                                                                    
training clinics.                                                                                                               
                                                                                                                                
Mr. Birdsall  stated the challenge was  determining how much                                                                    
training  was  enough.  He believed  everyone  would  likely                                                                    
agree that more training was  better. He believed the intent                                                                    
of all licensing laws and the  intent in the State of Alaska                                                                    
was  to draw  the line  at safety  to ensure  the safety  of                                                                    
residents and that  no one was licensed in a  way that would                                                                    
create the  potential for risk  or harm. He  referenced data                                                                    
from  the  Federation  of Naturopathic  Medicine  Regulatory                                                                    
Authorities  indicating there  was a  low level  of risk  of                                                                    
malpractice and a very low level  of risk when looking at an                                                                    
expanded  scope  of   practice  that  included  prescriptive                                                                    
authority. From  a safety standpoint,  the proof was  in the                                                                    
history. He highlighted that  naturopathic medicine had been                                                                    
licensed in some states for over  100 years and there was an                                                                    
extensive history.  As things changed, it  was necessary for                                                                    
naturopaths  to keep  pace by  creating  licensing that  was                                                                    
roughly   equivalent  to   the   training,  education,   and                                                                    
experience naturopathic doctors underwent.                                                                                      
                                                                                                                                
10:26:46 AM                                                                                                                   
                                                                                                                                
Co-Chair  Foster  asked the  bill  sponsor  for any  closing                                                                    
comments.                                                                                                                       
                                                                                                                                
Representative  Prax believed  it was  important to  keep in                                                                    
mind that  the choice  should be made  at the  patient level                                                                    
rather than  dictated at the  legislative level.  He pointed                                                                    
out that the legislature could  write statutes, but it could                                                                    
not  guarantee  results.  He  stated that  in  the  case  of                                                                    
prescriptive  drug  training  versus what  was  learned.  He                                                                    
stated  that  what  was  learned was  based  somewhat  on  a                                                                    
student's focus. He highlighted that  a patient would not be                                                                    
inclined to  go to  a sports medicine  doctor for  a stomach                                                                    
problem, but  the sports  medicine doctor  could technically                                                                    
offer   prescriptions  for   treatment.   He  had   personal                                                                    
experience of  a general practitioner prescribing  drugs for                                                                    
depression,  while  a  person   should  really  see  someone                                                                    
specializing  someone  who   specialized  in  mental  health                                                                    
before  getting  the  medication. However,  the  legislature                                                                    
could not control  that by statute or  regulation. He stated                                                                    
that "we  trust the  integrity of the  medical professionals                                                                    
and we let  the market decide." He believed  the same should                                                                    
be true for the practice of naturopathy.                                                                                        
                                                                                                                                
HB 115 was HEARD and HELD for further consideration.                                                                            
                                                                                                                                
Co-Chair  Foster  reviewed  the  agenda  for  the  afternoon                                                                    
meeting.                                                                                                                        
                                                                                                                                

Document Name Date/Time Subjects
HB 111 Hope - Support Letter.pdf HFIN 3/5/2024 9:00:00 AM
HB 111
HB 111 LOS A2P2 - Help Me Grow Alaska.pdf HFIN 3/5/2024 9:00:00 AM
HB 111
HB 111 Letter of Support - Deaf and Hard of Hearing Bill of Rights.pdf HFIN 3/5/2024 9:00:00 AM
HB 111
HB 111 Sponsor Statement.pdf HFIN 3/5/2024 9:00:00 AM
HB 111
HB 111 Summary of Changes.pdf HFIN 3/5/2024 9:00:00 AM
HB 111
HB 111 Sectional Analysis VersionS 030124.pdf HFIN 3/5/2024 9:00:00 AM
HB111 presentation 030424.pdf HFIN 3/5/2024 9:00:00 AM
HB 111
HB 115 Public Testimony Rec'd by 030424.pdf HFIN 3/5/2024 9:00:00 AM
HB 115
HB 126 Public Testimony Rec'd by 030424.pdf HFIN 3/5/2024 9:00:00 AM
HB 126