Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/25/2014 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB211 | |
| HB269 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 211 | TELECONFERENCED | |
| + | HB 269 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 269-IMMUNITY FOR VOL. HEALTH CARE PROVIDER
1:41:22 PM
CHAIR DUNLEAVY reconvened the meeting and announced the
consideration of HB 269."An Act relating to immunity for health
care providers who provide health care services voluntarily and
without pay; and providing for an effective date." This was the
first hearing. [CSHB 269(JUD) was before the committee.]
1:41:54 PM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 269, introduced the bill speaking to the
following sponsor statement:
HB 269 was drafted due to liability concerns
surrounding an inaugural Alaska Mission of Mercy
(AKMOM) event organized by the Alaska Dental Society,
and scheduled in Anchorage this coming April. The
Mission of Mercy program was started by a group of
dentists thirteen years ago in Virginia. The MOM
programs provide free dental care to local residents
who would not otherwise have access to affordable
dental care. To date, the Mission of Mercy Program in
Alaska has 187 dentist volunteers, seven from out-of-
state. The AKMOM program will provide extractions,
fillings and cleanings as well as other procedures
that can be appropriately performed in a mission
setting. Out-of-State dental professionals will be
licensed to provide pro bono services under courtesy
licenses issued by the Alaska Board of Dental
Examiners. A courtesy license is a medical
professional license issued by the Board for the
purposes of providing free services and enforcing
state disciplinary provisions.
The problem is that there is no clear answer as to
whether an out-of-state dental professional issued a
courtesy license is covered under Alaska Statute
09.65.300. AS 09.65.300 provides statutory immunity
against civil damages resulting from an act or
omission of a health care provider who provides free
health care services, within the scope of their
license. Under AS 09.65.300 a patient must receive
written notice of this immunity as well as giving
informed consent before any medical service is
provided. Under AS 09.65.300 patients still have the
right to sue the medical provider for civil damages
resulting from the provider's gross negligence, or
reckless or intentional misconduct.
Unfortunately, it is unclear whether these out-of-
state dental professionals, participating in the AKMOM
event qualify under AS 09.65.300, the Volunteer Health
Care Provider Immunity Act of 2004. The original
purpose of the statute was to allow retired Alaska
physicians to volunteer their services. The Department
of Law opines that the meaning of the law will
ultimately have to be interpreted in a court case.
HB 269 will clarify AS 09.65.300, ensuring that civil
immunity is extended to these out-of-state medical
professionals who are licensed to provide dental
services in Alaska during the Mission of Mercy Event,
without having the issue come before a lengthy
proceeding before the Court.
Please join Representative Thompson in supporting this
legislation.
SENATOR THOMAS advised that the bill was amended to provide
clarity as to how AS 09.65.300 applies to chiropractors, nurses,
physicians, and dentists who are issued temporary courtesy
medical licenses in order to provide free medical services to
Alaskans. Sideboards were also added to ensure that the consent
is given in writing and that a person receiving health care
service is given the name of a health care provider in the state
to contact for emergency follow-up care within 30 days. He noted
that this Mission of Mercy event will be held April 11-12 in
Anchorage. The expectation is that 2,000 people will receive
care.
1:44:49 PM
SENATOR MICCICHE joined the committee.
CHAIR DUNLEAVY asked if there was a fiscal note.
JANE PIERSON, Staff, Senator Steve Thompson, Alaska State
Legislature, Juneau, Alaska, said there are two fiscal notes and
both are zero.
SENATOR OLSON asked what other health care providers are
included in the bill.
SENATOR THOMAS replied the bill was amended to give temporary
licenses to chiropractors, nurses, physicians, and dentists.
SENATOR OLSON asked if nurse aides, pharmacists, and pharmacists
technicians were included.
MS. PIERSON replied there may be an exception for nurse aides if
they're working under a registered nurse.
1:47:45 PM
RANDY SWEET, Director of Health Impact, United Way of Anchorage,
Anchorage, Alaska, testified in support of HB 269. She reported
that an actuary study said that 20.6 percent of Alaskans do not
have health insurance. The current Volunteer Health Care
Provider Immunity Act gives protection to Alaska providers who
volunteer to help vulnerable Alaskans and many have benefited
from these donated services. She asked the committee to build on
this success by allowing professionals from other states who
have an Alaska temporary courtesy license to donate health care
services under the protections that are given to Alaska health
care providers.
1:49:09 PM
Dr. JULIE ROBINSON, DDS, Alaska Dental Society and Alaska
Mission of Mercy (MOM), testified in support of HB 269. She
reported that they currently have 1,454 volunteers to meet the
Mission of Mercy goal of serving 2,000 Alaskans in two days. She
emphasized that HB 269 offers important immunity protections to
individuals who have generously made an effort to come to Alaska
to donate their services and to those military members who are
taking their day off to provide health care to underserved
residents.
1:52:04 PM
DR. DAVID LOGAN, DDS, Legislative Chair, Alaska Dental Society,
stated support for HB 211 and offered to answer questions.
SENATOR MICCICHE asked him to discuss the Mission of Mercy so
that Alaskans could understand why the bill is important.
DR. LOGAN said this will be the first attempt to do a mission of
mercy in Alaska. It's taken two years to develop the mission
because it's very complicated to box and ship what amounts to
the typical dental operatory for a temporary purpose. He
discussed the recognized need for more dental care and the fact
that many Alaskans find it financially inaccessible. Having an
event that can get people in and deal with their dental problems
is very important for the community, he said. The plan is to
move the event to other locations in the state because there's a
recognized need statewide. The immunity offered in HB 269 is a
valuable addition to military personnel and individuals who are
coming from other states to donate their services.
SENATOR MICCICHE summarized the plan in Anchorage and described
the effort as a commendable service to Alaskans.
1:56:47 PM
SENATOR OLSON asked if he served on the dental board.
DR. LOGAN said yes, he served as president for three years.
SENATOR OLSON asked how dentists are screened to eliminate those
with questionable pasts.
DR. LOGAN replied that it's a matter of an electronic query to
any license a person has and then there's a background check in
case somebody neglects to disclose a license they have. The
requirements vary with the profession, but for the dental board
the participants must have an unblemished disciplinary past in
any state they've held a license.
SENATOR OLSON asked if the dentistry databank was national and
equivalent to the one for physicians.
DR. LOGAN confirmed that there was a national database for
dentists, but he wasn't sure if it ran in parallel or was part
of the same system as for physicians.
CHAIR DUNLEAVY announced he would hold HB 269 for further
consideration, and public testimony would remain open.