04/26/2023 03:15 PM House LABOR & COMMERCE

         HB 149-NURSING: LICENSURE; MULTISTATE COMPACT                                                                      
                                                                                                                                
4:58:27 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that the  final order of business would be                                                               
HOUSE BILL NO. 149, "An Act  relating to the licensure of nursing                                                               
professionals; relating to a  multistate nurse licensure compact;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
4:59:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK moved  to adopt  Amendment 1  to HB  149,                                                               
labeled 33-LS0447\S.4, Bergerud, 4/17/23, which read as follows:                                                                
                                                                                                                                
     Page 6, line 11, following "AS 08.68.500":                                                                             
          Insert ";                                                                                                         
     (13)  submit  a report to the legislature  if the board                                                                
     determines  that  the  requirements  for  a  multistate                                                                
     license  or multistate  licensure  privilege under  the                                                                
     Multistate  Nurse  Licensure  Compact do  not  meet  or                                                                
     exceed  the  requirements  for a  license  to  practice                                                                
     registered nursing  or practical nursing in  this state                                                                
     under AS 08.68.170(a)  or (b);  the board  shall submit                                                                
     the report to the senate  secretary and the chief clerk                                                                
     of  the   house  of  representatives  and   notify  the                                                                
     legislature  that the  report  is  available within  30                                                                
     days after making the determination"                                                                                   
                                                                                                                                
REPRESENTATIVE FIELDS objected for the purpose of discussion.                                                                   
                                                                                                                                
4:59:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK  explained that Amendment 1  would require                                                               
the Board  of Nursing to report  to the legislature if  the terms                                                               
of  the Nurse  Licensure  Compact  (NLC) do  not  meet or  exceed                                                               
licensure requirements in the state.   She expressed concern that                                                               
automatic withdrawal from  the compact in such a case  would be a                                                               
violation of the compact.                                                                                                       
                                                                                                                                
5:01:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  expressed the opinion that  the amendment is                                                               
unnecessary because  the state  would have  the ability  to leave                                                               
NLC at any time.                                                                                                                
                                                                                                                                
5:02:31 PM                                                                                                                    
                                                                                                                                
SYLVAN ROBB,  Director, Division  of Corporations,  Business, and                                                               
Professional  Licensing, Department  of Commerce,  Community, and                                                               
Economic Development, stated  that changes to NLC  would not take                                                               
place  until  the state  adopts  changes,  giving the  state  the                                                               
opportunity  to leave  the  compact simply  by  not adopting  the                                                               
changes made to the compact.                                                                                                    
                                                                                                                                
5:03:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK  expressed concern about the  Alaska Board                                                               
of Nursing's  ability to make changes  to licensure requirements,                                                               
and in such a case a report would be valuable.                                                                                  
                                                                                                                                
5:04:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS withdrew his objection.                                                                                   
                                                                                                                                
5:04:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE objected.                                                                                              
                                                                                                                                
A roll  call vote  was taken.   Representatives  Carrick, Fields,                                                               
Saddler, and  Sumner voted  in favor  of Amendment  1 to  HB 149.                                                               
Representatives  Prax, Wright,  and Ruffridge  voted against  it.                                                               
Therefore, Amendment 1 was adopted by a vote of 4-3.                                                                            
                                                                                                                                
5:05:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS stated that he would not offer Amendment 2                                                                
and Amendment 3 to HB 149.                                                                                                      
                                                                                                                                
5:06:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS moved to adopt Amendment 4 to HB 149, as                                                                  
amended, labeled, 33-LS0447\S.10, Wallace/Bergerud, 4/19/23,                                                                    
which read as follows:                                                                                                          
                                                                                                                                
     Page 35, following line 18:                                                                                                
     Insert a new bill section to read:                                                                                         
        "*  Sec. 30.  AS 47.32 is  amended by  adding a  new                                                                
     section to read:                                                                                                           
          Sec. 47.32.210. Restrictions on hiring during a                                                                     
     nursing strike.  (a) Upon receiving a  notice to strike                                                                  
     involving  nurses,   and  during  a   strike  involving                                                                    
     nurses, an entity may only hire a nurse who                                                                                
               (1)  is licensed to practice in the state                                                                        
     under this chapter; or                                                                                                     
               (2)  was employed in the state under a                                                                           
     multistate licensure  privilege on  the day  before the                                                                    
     entity received the notice to strike.                                                                                      
          (b)  After withdrawal of a notice to strike                                                                           
     involving  nurses,  or  upon  conclusion  of  a  strike                                                                    
     involving nurses,  an entity  may resume  hiring nurses                                                                    
     holding  a multistate  licensure  privilege under  this                                                                    
     chapter."                                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 37, line 12:                                                                                                          
          Delete "Section 36"                                                                                                   
          Insert "Section 37"                                                                                                   
                                                                                                                                
     Page 37, line 13:                                                                                                          
          Delete "sec. 37"                                                                                                      
     Insert "sec. 38"                                                                                                           
                                                                                                                                
REPRESENTATIVE SADDLER objected for the purpose of discussion.                                                                  
                                                                                                                                
5:06:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS  explained that Amendment 4  would restrict                                                               
the  ability of  health care  facilities  to use  the compact  to                                                               
bring more  employees in the  event of  a strike.   The amendment                                                               
would not prevent nurses from coming  to Alaska to work for other                                                               
employees during  a strike.   He expressed the belief  that nurse                                                               
burnout is one of the  greatest reasons for the nursing shortage,                                                               
and allowing the compact to  be used for strike-breaking purposes                                                               
would potentially worsen the problem.                                                                                           
                                                                                                                                
5:09:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX commented  that, in  the case  of a  nursing                                                               
strike, there are federal regulations  which already address this                                                               
in regard to  guaranteed care for patients.  He  stated that both                                                               
the National Council  of State Boards of  Nursing and Legislative                                                               
Legal Services have  sent memos warning that  the amendment could                                                               
potentially place  Alaska in  violation of NLC  terms.   He added                                                               
that he was unable  to think of a time in  which a nursing strike                                                               
occurred in Alaska.                                                                                                             
                                                                                                                                
REPRESENTATIVE FIELDS  responded that Legislative  Legal Services                                                               
informed him that  the idea is theoretical  whether the amendment                                                               
would violate the terms of the compact.                                                                                         
                                                                                                                                
5:11:56 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER expressed the opinion  that wholesale importation of                                                               
nurses may  not be good  for the state in  the event of  a strike                                                               
and the amendment  is oblique enough to not violate  the terms of                                                               
NLC.                                                                                                                            
                                                                                                                                
5:13:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX  asked  whether the  amendment  would  offer                                                               
language unique to nursing.                                                                                                     
                                                                                                                                
MS. ROBB  answered that  she is unaware  of any  other profession                                                               
having such language regarding strikes.   She emphasized that NLC                                                               
is a contract between states,  and for this reason, the amendment                                                               
could be considered a violation.   She advised that the inability                                                               
to change NLC from state to state is what makes it strong.                                                                      
                                                                                                                                
5:15:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  expressed the opinion that  the amendment                                                               
would be  contrary to the  purpose of  the bill because  it would                                                               
treat out-of-state nurses differently.                                                                                          
                                                                                                                                
REPRESENTATIVE  CARRICK responded  that the  proposed legislation                                                               
is meant to  allow nurses to work in a  more reasonable timeline,                                                               
not import nurses in the event of a strike.                                                                                     
                                                                                                                                
5:16:34 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Carrick, Fields,                                                               
and  Sumner   voted  in   favor  of  Amendment   4  to   HB  149.                                                               
Representatives  Prax,  Ruffridge,   Saddler,  and  Wright  voted                                                               
against it.  Therefore, Amendment 4 failed by a vote of 3-4.                                                                    
                                                                                                                                
5:17:24 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that HB 149, as amended, was held over.