Legislature(2015 - 2016)BARNES 124
04/13/2016 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Alaska Gasline Development Corporation Board of Directors | |
| SB157 | |
| SB158 | |
| SB165 | |
| SB18 | |
| SB69 | |
| HJR28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 157 | TELECONFERENCED | |
| + | SB 158 | TELECONFERENCED | |
| + | SB 126 | TELECONFERENCED | |
| + | SB 165 | TELECONFERENCED | |
| + | HJR 28 | TELECONFERENCED | |
| + | SB 18 | TELECONFERENCED | |
| + | SB 69 | TELECONFERENCED | |
| + | SB 206 | TELECONFERENCED | |
SB 69-BD OF CHIROPRACTIC EXAMINERS; PRACTICE
5:18:20 PM
CHAIR OLSON announced that the next order of business would be
CS FOR SENATE BILL NO. 69(FIN), "An Act relating to the Board of
Chiropractic Examiners and the practice of chiropractic."
5:18:40 PM
SENATOR BILL STOLTZE informed the committee his interest in the
proposed legislation began with the issue of sports pre-
participation physicals and the need to provide more opportunity
for rural youth to have better access to said physicals. The
bill is a product of the work of the Board of Chiropractic
Examiners, Division of Corporations, Business, and Professional
Licensing, Department of Commerce, Community & Economic
Development, as well as the chiropractic trade organization, the
Alaska Chiropractic Society. Regarding pre-participation
physicals, the bill places Alaska along with 22 other states
which have provided patients the opportunity to use chiropractic
services. School districts and the Alaska School Activities
Association have been cautious in this regard, and although not
officially supporting the bill, have welcomed the clarification
of the acceptability of pre-participation physicals performed by
chiropractic practitioners.
5:21:24 PM
BRANDON BREFCZYNSKI, Staff, Senator Bill Stoltze, paraphrased
from the following sectional analysis:
Section 1: Amends AS 08.20.055 by adding new language
that allows the board to adopt regulations for the
following: - Training and scope of practice of
chiropractic interns and chiropractic preceptors; -
Designation of a nationally recognized certification
program for chiropractic clinical assistants; -
Performance of patient examinations.
Section 2: Amends AS 08.20.100(b) clarifying how
chiropractors can accept referrals, authorizes
chiropractors to perform school physicals, and allows
the employment of certified chiropractic clinical
assistants, chiropractic interns, and chiropractic
preceptors.
Section 3: Amends AS 08.20.100 by adding a new
subsection (d) that exempts chiropractic interns from
this section.
Section 4: Amends AS 08.20.160 regarding the
requirements for temporary permits.
Section 5: Amends AS 08.20 by adding a new section (AS
08.20.168 Chiropractic clinical assistant) providing
qualifications and allowed duties of chiropractic
clinical assistants.
Section 6: Amends 08.20.185 by changing name of "peer
review committee" to "utilization review committee" to
better reflect the purpose of the committee. Also, the
change is intended to assist in determining what
complaints warrant a referral to investigative staff.
Section 7: Amends AS 08.20 by adding a new section (AS
08.20.195 Limitation of practice) requiring
chiropractic clinical assistants, interns, and
preceptors to act within the scope of practice as
authorized by the board of chiropractic examiners.
Section 8: Amends AS 08.20.200 by updating penalties
for unlicensed practice.
Section 9: Amends AS 08.20.210 by updating penalties
for fraudulent licenses and certificates.
Section 10: Amends definition of "chiropractic
examination" located in AS 08.20.900(7).
Section 11: Amends AS 08.20.900 by adding new
definitions for "chiropractic clinical assistant,"
chiropractic intern," and "chiropractic preceptor."
5:26:02 PM
SENATOR STOLTZE stated the bill's attached fiscal note
Identifier SB069CS(FIN)-DCCED-CBPL-04-06-16 is a onetime
expenditure of $2,500.
REPRESENTATIVE HUGHES directed attention to page 4, [beginning
on line 3] which read:
Sec. 7. AS 08.20 is amended by adding a new section to
article 2 to read:
Sec. 08.20.195. Limitation of practice. A person
licensed under this chapter or a person who is
practicing as a chiropractic intern, chiropractic
clinical assistant, or chiropractic preceptor under
this chapter may only act within the scope of practice
authorized by the board.
REPRESENTATIVE HUGHES asked whether the above section gives the
board authority to broaden the scope of practice in any way.
5:27:35 PM
SENATOR STOLTZE stated the foregoing section is a good faith
effort between the medical and chiropractic professions, and his
office, to accomplish the bill's goals without overly expanding
the scope.
MR. BREFCZYNSKI said that Legislative Legal Services,
Legislative Affairs Agency, advised that AS 08.20.100, AS
08.20.230, and AS 08.20.900 are related to the practice of
chiropractic and outline the scope of chiropractic practice.
REPRESENTATIVE HUGHES expressed concern regarding sports pre-
examinations of children with health challenges, although
expanding the scope and availability of providers makes health
care more affordable and accessible. She directed attention to
page 2, lines 7 and 8 which read:
(2) accept referrals for [CHIROPRACTIC] treatment by
chiropractic core methodology or by ancillary
methodology;
REPRESENTATIVE HUGHES asked for the meaning of core methodology
and ancillary methodology. [The chair asked that she hold her
question.]
5:30:42 PM
REPRESENTATIVE KITO directed attention to page 4, [beginning on
line 8] which read:
* Sec. 8. AS 08.20.200 is amended to read:
Sec. 08.20.200. Unlicensed practice [A
MISDEMEANOR]. A person who practices chiropractic in
the state without a license in violation of AS
08.20.100 is guilty of a class A misdemeanor and may
be punished as provided in AS 12.55 [,AND UPON
CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN
$1,000, OR BY IMPRISONMENT FOR NOT MORE THAN A YEAR,
OR BY BOTH].
* Sec. 9. AS 08.20.210 is amended to read:
Sec. 08.20.210. Fraudulent licenses and
certificates. A person who obtains or attempts to
obtain a chiropractic license or provides the board
with evidence that the person is nationally certified
to practice as a chiropractic clinical assistant
[CERTIFICATE] by dishonest or fraudulent means [,] or
who forges, counterfeits, or fraudulently alters a
chiropractic license or chiropractic clinical
assistant certificate issued by a nationally
recognized certification program is guilty of a class
A misdemeanor and is punishable as provided in AS
12.55 [BY A FINE OF NOT MORE THAN $500, OR BY
IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BY
BOTH].
REPRESENTATIVE KITO asked what penalty is added by AS 12.55.
MR. BREFCZYNSK responded that both of the foregoing sections
increase penalties to a class A misdemeanor, which is punishable
by up to one year in jail and a fine of up to $10,000.
REPRESENTATIVE KITO directed attention to page 5, [beginning on
line 8] which read:
* Sec. 11. AS 08.20.900 is amended by adding new
paragraphs to read:
(11) "chiropractic clinical assistant" means a
person who works under the general supervision of a
person licensed under this chapter and who is
(A) enrolled in a nationally recognized
certification program that certifies chiropractic
clinical assistants; or
(B) certified by a national organization
that certifies chiropractic clinical assistants;
(12) "chiropractic intern" means a person who is
engaged in the practice of chiropractic while under
the personal supervision of a person licensed under
this chapter for the purpose of obtaining practical
experience for licensure as a chiropractor;
(13) "chiropractic preceptor" means a person who
is licensed under this chapter and who participates in
the instruction and training of chiropractic interns.
REPRESENTATIVE KITO requested further information regarding the
requirements to be a chiropractic intern.
MR. BREFCZYNSK stated that interns are working to gain
experience.
REPRESENTATIVE KITO clarified that interns do not have to be
currently enrolled in a certification program.
MR. BREFCZYNSK deferred.
5:33:15 PM
REPRESENTATIVE JOSEPHSON returned attention to Sections 8 and 9
[text previously provided]. He asked for the reason behind the
imposition of stricter penalties.
SENATOR STOLTZE observed that the penalties are recommendations
from the industry and the Board of Chiropractic Examiners.
5:34:17 PM
CHAIR OLSON opened public testimony.
5:34:28 PM
EDWARD BARRINGTON, DC, said he is chair of the Alaska
Chiropractic Society Legislative Committee, and serves on the
Board of Chiropractic Examiners. Dr. Barrington said both
entities support SB 69. In response to Representative Hughes'
previous questions, he explained that chiropractic core
methodology is chiropractic treatment, and examples of ancillary
methodology are treatments by ultrasound, muscle stimulation,
exercise, diet, nutrition, oxygen, heat, and cold.
REPRESENTATIVE KITO restated his question on the qualifications
and responsibilities of chiropractic interns.
DR. BARRINGTON answered that an intern has satisfied all the
graduation requirements of chiropractic college, and is seeking
a clinical setting for more training and experience. Interns
work under a preceptor, who is a supervising doctor.
REPRESENTATIVE KITO asked for the qualifications of a
chiropractic preceptor.
DR. BARRINGTON explained that a preceptor is required to undergo
a certain scrutiny in order to host an intern. In further
response to Representative Kito, he said the criteria to be a
preceptor is established by the Board of Chiropractic Examiners,
however, some colleges are unable to send interns to Alaska in
the absence of the proposed legislation.
REPRESENTATIVE JOSEPHSON restated his question related to the
origin of increasing penalties for unlicensed practice.
DR. BARRINGTON advised that the recommendations were suggested
by state investigators in order to conform to other boards.
5:39:50 PM
CHAIR OLSON, after ascertaining no one else wished to testify,
closed public testimony.
5:40:05 PM
REPRESENTATIVE HUGHES moved to report CSSB 69(FIN), Version 29-
LS0704\S, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, CSSB
69(FIN) was reported out of the House Labor and Commerce
Standing Committee.