Legislature(2021 - 2022)BUTROVICH 205
04/20/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB67 | |
| SB78 | |
| SB80 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 67 | TELECONFERENCED | |
| += | SB 78 | TELECONFERENCED | |
| += | SB 80 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 78-HEALTH CARE SERVICES BY TELEHEALTH
1:50:28 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 78
"An Act relating to telehealth."
SENATOR COSTELLO stated that Governor Dunleavy introduced
legislation extending the disaster declaration retroactively and
into the future. She opined that Alaskans are ready to move into
a recovery phase so it would be better to make laws that are
COVID aware. The Labor and Commerce Committee introduced a suite
of bills to determine whether practices, which began following
the disaster declaration, would be allowed to continue. SB 78 is
one of those bills.
1:52:38 PM
KATIE MCCALL, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, stated SB 78 was taken from Section
6 of the Governor's disaster declaration bill. It allows
licensed healthcare providers and nurses to provide services
through telehealth in their licensed field.
1:53:56 PM
CHAIR WILSON moved Amendment 1.
AMENDMENT 1
32-LS0532\A.1
Fisher
4/14/21
OFFERED IN THE SENATE BY SENATOR WILSON
TO: SB 78
Page 1, following line 2:
Insert new bill sections to read:
"* Section 1. AS 08.15 is amended by adding a new
section to read:
Sec. 08.15.045. Telehealth. (a) A person licensed
under this chapter may practice behavior analysis
through telehealth as defined in AS 47.05.270(e). A
person licensed to practice behavior analysis in
another jurisdiction may practice behavior analysis
through telehealth with a patient in this state if the
person's license is in good standing in that
jurisdiction.
(b) If a person licensed to practice behavior
analysis determines in the course of a telehealth
encounter with a patient that the encounter will
extend beyond the licensee's authorized scope of
practice, the licensee shall advise the patient that
the licensee is not authorized to provide the services
to the patient, recommend that the patient contact an
appropriate provider, and terminate the encounter. The
licensee may not charge for services provided during
an encounter described in this subsection.
(c) A fee for a service provided through
telehealth under this section must be reasonable and
consistent with the ordinary fee typically charged for
that service and may not be more than five percent
above the ordinary fee typically charged for that
service.
* Sec. 2. AS 08.29 is amended by adding a new
section to article 3 to read:
Sec. 08.29.240. Telehealth. (a) A person licensed
under this chapter may practice professional
counseling through telehealth as defined in
AS 47.05.270(e). A person licensed to practice
professional counseling in another jurisdiction may
practice professional counseling through telehealth
with a client in this state if the person's license is
in good standing in that jurisdiction.
(b) If a person licensed to practice
professional counseling determines in the course of a
telehealth encounter with a client that the encounter
will extend beyond the scope of practice or scope of
services permitted under (a) of this section, the
licensee shall advise the client that the licensee is
not authorized to provide the services to the client,
recommend that the client contact an appropriate
provider, and terminate the encounter. The licensee
may not charge for services provided during an
encounter described in this subsection.
(c) A fee for a service provided through
telehealth under this section must be reasonable and
consistent with the ordinary fee typically charged for
that service and may not be more than five percent
above the ordinary fee typically charged for that
service.
* Sec. 3. AS 08.63 is amended by adding a new
section to read:
Sec. 08.63.250. Telehealth. (a) A person licensed
under this chapter may practice marital and family
therapy through telehealth as defined in
AS 47.05.270(e). A person licensed to practice marital
and family therapy in another jurisdiction may
practice marital and family therapy through telehealth
with a client in this state if the person's license is
in good standing in that jurisdiction.
(b) If a person licensed to practice marital and
family therapy determines in the course of a
telehealth encounter with a client that the encounter
will extend beyond the scope of practice or scope of
services permitted under (a) of this section, the
licensee shall advise the client that the licensee is
not authorized to provide the services to the client,
recommend that the client contact an appropriate
provider, and terminate the encounter. The licensee
may not charge for services provided during an
encounter described in this subsection.
(c) A fee for a service provided through
telehealth under this section must be reasonable and
consistent with the ordinary fee typically charged for
that service and may not be more than five percent
above the ordinary fee typically charged for that
service."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 4"
Renumber the following bill sections accordingly.
Page 3, following line 31:
Insert a new bill section to read:
"* Sec. 8. AS 08.86 is amended by adding a new
section to article 6 to read:
Sec. 08.86.225. Telehealth. (a) A psychologist or
psychological associate licensed under this chapter
may practice psychology or provide psychological
services, as applicable, through telehealth as defined
in AS 47.05.270(e). A person licensed to practice
psychology or provide psychological services in
another jurisdiction may practice psychology or
provide psychological services through telehealth with
a client in this state if the person's license is in
good standing in that jurisdiction.
(b) If a person licensed to practice psychology
or provide psychological services determines in the
course of a telehealth encounter with a client that
the encounter will extend beyond the scope of practice
or scope of services permitted under (a) of this
section, the licensee shall advise the client that the
licensee is not authorized to provide the services to
the client, recommend that the client contact an
appropriate provider, and terminate the encounter. The
licensee may not charge for services provided during
an encounter described in this subsection.
(c) A fee for a service provided through
telehealth under this section must be reasonable and
consistent with the ordinary fee typically charged for
that service and may not be more than five percent
above the ordinary fee typically charged for that
service."
SENATOR HUGHES objected for purposes of discussion.
1:54:09 PM
CHAIR WILSON explained that SB 78 attempts to fix a parity in
Alaska's healthcare services by allowing behavioral healthcare
providers to participate in telehealth services. There is a need
to change the behavioral healthcare section of the Governor's
disaster declaration bill to codified law. He stated there is a
follow up amendment regarding behavioral healthcare providers
that removes the pay parity section.
1:55:11 PM
At ease
1:56:21 PM
CHAIR WILSON reconvened the meeting.
SENATOR REINBOLD stated she supports telehealth. She continues
to be a strong proponent of the established patient in-person
meeting requirement. She commented that if any members have
conflicts of interest, they need to be forthright and put it on
the record.
1:57:21 PM
SENATOR HUGHES withdrew her objection.
1:57:28 PM
CHAIR WILSON found no further objection and Amendment 1 passed.
1:57:38 PM
SENATOR HUGHES moved Amendment 2.
AMENDMENT 2
32-LS0532\A.2
Fisher
4/12/21
OFFERED IN THE SENATE BY SENATOR HUGHES
TO: SB 78
Page 2, lines 22 - 24:
Delete "consistent with the ordinary fees
typically charged for that service and may not be more
than five percent above the ordinary fees typically
charged for that service"
Insert "may not exceed the ordinary fees
typically charged for that service"
Page 3, lines 25 - 27:
Delete "consistent with the ordinary fees
typically charged for that service and may not be more
than five percent above the ordinary fees typically
charged for that service"
Insert "may not exceed the ordinary fees
typically charged for that service"
CHAIR WILSON objected for purposes of discussion.
1:57:52 PM
SENATOR HUGHES read Amendment 2 and stated there is no reason
for a telehealth provider's fee to be more than an in-office
visit. Telehealth is a savings to the provider, requires less
staff and appointments are typically shorter. The purpose of the
amendment is to remove the additional five percent fee allowance
because there is no justification for it.
SENATOR COSTELLO stated she supports Amendment 2. She asked if
Amendment 2 was written with contemplation of Amendment 1
passing so that language regarding the five percent fee was
consistent.
CHAIR WILSON replied that for the record Amendment 2 would cover
both the bill and Amendment 1. Drafters at Legislative Legal
Services will make the conforming changes.
2:00:00 PM
CHAIR WILSON withdrew his objection and asked if there was
further objection; finding none, Amendment 2 passed.
SENATOR REINBOLD stated she understands the need for the bill
but struggled with page 3 line 16-18 and line 12, which removes
the established provider requirement to meet in-person at least
once. She is unsure how she will vote on the floor but will not
hold up the bill.
SENATOR HUGHES asked if the Alaska Medical Association commented
on the removal of the established patient requirement of at
least one in-person visit. An in-person exam is foundational to
most medical care. She asked if there are restrictions in place
prohibiting telehealth providers from diagnosing and treating
conditions that should be done in-person.
2:02:20 PM
SENATOR COSTELLO responded that in context of last year's
disaster declaration, the state was allowed to waive every
regulation and law, which is why the environment of a disaster
should be seriously considered. She stated she spoke with the
Alaska Medical Association. SB 78 was drafted to address changes
brought about by the disaster declaration.
Changes to Alaska hire was one of those concerns. She opined
that she did not necessarily want people to get care from
doctors who are not licensed in Alaska. In her initial
discussion with the state administration, she was told some
Alaskans were established patients of out of state doctors. Due
to the COVID environment, they could not fly outside of the
state to receive care. Instead, they received care through
telemedicine. In-person visits are also valued. She does want
Alaskans to see Alaska licensed doctors. SB 78 will go to the
Labor and Commerce Committee next. It is her intent to place a
sunset date on the bill. She stated she will work with Senator
Begich's office on language related to Alaska hire.
She commented that the telehealth measures that were passed were
of value during the COVID time period because they allowed the
elderly and fragile to continue receiving care. Many Alaskans
like receiving mental health treatments online. Telehealth is
something to appreciate. SB 78 tries to bridge the gap of what
was done under the pandemic environment and how we move forward
without a disaster declaration. She stated she will consider the
points made and intents to make improvements to the bill before
it goes to the floor.
2:05:42 PM
SENATOR REINBOLD shared that she is not in favor of the bill
because the Alaska State Medical Association is not. She opined
that the disaster declaration by the Governor should not have
lasted more than 30 days and might have been an abuse of power.
Waiving statutes and regulations should be done through the
administrative regulation review committee with legislature
approval.
SENATOR BEGICH asked for the word jurisdiction to be defined in
Section 2 line 11 and Section 4 line 13 14. He will vote to
move SB 78.
2:08:21 PM
SENATOR HUGHES stated she will support SB 78. She stated there
is a wide range of services providers can offer; not all of them
are appropriate without an in-person physical examination. She
respects the Alaska Medical Association and opined that this is
a concern for them. She asked that a providers scope of
practice be limited to only services that do not require a
physical exam.
CHAIR WILSON noted that Labor and Commerce is the next committee
of referral, and the intent is to move the bill so that
committees can continue refining it.
2:10:29 PM
CHAIR WILSON solicited a motion to move the bill from committee.
2:10:41 PM
SENATOR HUGHES moved SB 78, work order 32-LS0532\A as amended,
from committee with individual recommendations and attached
fiscal notes (s).
2:10:48 PM
SENATOR REINBOLD objected.
2:10:52 PM
CHAIR WILSON called for a roll call vote.
A roll call vote was taken. Senators Begich, Hughes, Costello,
and Wilson voted in favor of reporting SB 78 as amended from
committee and Senator Reinbold voted against it. Therefore, the
motion passed by a 4:1 vote.
CHAIR WILSON announced that with 4 yeas and 1 nay, CSSB 78(HSS)
moved from the Senate Health and Social Services Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 78 NORD Ltr of Support.pdf |
SHSS 4/20/2021 1:30:00 PM |
SB 78 |
| SB 80 Public Input 4.20.21 Redacted.pdf |
SHSS 4/20/2021 1:30:00 PM |
SB 80 |
| SB 78 Adopted Amendments 4.20.21.pdf |
SHSS 4/20/2021 1:30:00 PM |
SB 78 |
| SB 80 Amendment B.4 Wilson.pdf |
SHSS 4/20/2021 1:30:00 PM |
SB 80 |