Legislature(2007 - 2008)BUTROVICH 205

02/13/2008 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 241 UNIV. REPORT: TEACHER TRAINING/RETENTION TELECONFERENCED
Moved CSSB 241(SED) Out of Committee
+ SB 107 NATUROPATHS TELECONFERENCED
Heard & Held
*+ SB 239 DENTAL HYGIENISTS/DENTAL PRACTICE TELECONFERENCED
<Bill Hearing to Continue 2/15/07>
Bills Previously Heard/Scheduled
                       SB 107-NATUROPATHS                                                                                   
                                                                                                                              
2:00:44 PM                                                                                                                    
CHAIR  DAVIS announced  consideration of  SB 107.  [The committee                                                               
was working from CSSB 107(L&C), 25-LS0702\M.]                                                                                   
                                                                                                                                
TOM OBERMEYER,  Staff to Senator  Davis, sponsor of SB  107, said                                                               
changes  from the  original bill  for purposes  of expanding  the                                                               
scope of practice and regulating  naturopathic medicine in Alaska                                                               
were  created in  the  Senator Labor  and  Commerce Committee  on                                                               
January 2008.  A task force assigned  to study the matter  in the                                                               
  rd                                                                                                                            
23 legislature failed to produce a report.                                                                                      
                                                                                                                                
This  bill  establishes required  licensing  fees  and an  Alaska                                                               
Naturopathic Council comprised of  five members: two naturopaths,                                                               
two public members, and one  pharmacist appointed by the Board of                                                               
Pharmacy.  This  bill  authorizes   naturopaths  to  perform  the                                                               
formerly prohibited  acts of minor surgery  using antiseptics and                                                               
local  anesthetics;  and  to  prescribe   drugs  by  obtaining  a                                                               
prescription  endorsement   from  the  Department   of  Commerce,                                                               
Community  &  Economic  Development's Division  of  Corporations,                                                               
Business and Professional Licensing,  after first obtaining a DEA                                                               
authorization.                                                                                                                  
                                                                                                                                
This  bill also  authorizes naturopaths  to order  laboratory and                                                               
imaging tests consistent with  naturopathic medical education and                                                               
training.  It prohibits  major surgery,  and  spinal and  general                                                               
anesthetics.                                                                                                                    
                                                                                                                                
Oversight  was  changed  from  more  rigorous  state  regulations                                                               
involving Medical  Doctors (MD)  and the  State Medical  Board to                                                               
largely  self-regulation by  two naturopaths,  one public  member                                                               
and one  pharmacist. This  change was reportedly  due in  part to                                                               
unwillingness by medical  doctors and the State  Medical Board to                                                               
oversee  the   practice  for  liability   reasons,  as   well  as                                                               
differences  in training  and  ethical  responsibilities. It  may                                                               
also reflect the added expense  of multiple committees for such a                                                               
small  membership, one  of the  reasons  a formal  board was  not                                                               
created and funded initially. The  bill does, however, leave open                                                               
the public member position for an  MD willing to volunteer on the                                                               
Alaska Naturopathic Council.                                                                                                    
                                                                                                                                
The advisory  committee and formulary  council were  removed. The                                                               
advisory committee would have selected  the formulary council and                                                               
reviewed allegations  of misconduct. The formulary  council would                                                               
have  included  a  medical doctor  or  osteopath  and  pharmacist                                                               
appointed  by  their  respective  boards  to  approve  designated                                                               
prescription drugs and to  authorize prescription endorsements to                                                               
qualified naturopaths.                                                                                                          
                                                                                                                                
                                                                                                                                
2:02:15 PM                                                                                                                    
MR.  OBERMEYER  explained  that  the  Division  of  Corporations,                                                               
Business  and  Professional  Licensing, has  had  full  licensing                                                               
responsibility  for  licensing   and  regulating  naturopaths  in                                                               
Alaska since  1994. In 2002  Alaska had an estimated  44 licensed                                                               
naturopaths,  several with  addresses  in other  states. About  a                                                               
dozen have very  active practices and view the  expanded scope of                                                               
this bill as recognizing an  important natural extension of their                                                               
training and everyday practice.                                                                                                 
                                                                                                                                
The  department  only  licenses  naturopaths  who  have  provided                                                               
satisfactory proof of graduation from  one of four accredited on-                                                               
campus  school, of  naturopathy  in the  United States(US).  They                                                               
must   also   pass    the   Naturopathic   Physicians   Licensing                                                               
Examination. Naturopathic  licensing and practice  procedures are                                                               
found  in 15  states. Nine  allow various  levels of  prescribing                                                               
privileges and  different levels of independence  and supervision                                                               
by  state medical  and pharmacy  boards,  licensing agencies  and                                                               
MDs.  A   number  of   states  prohibit   licensing  naturopaths,                                                               
including  Massachusetts and  South Carolina.  Nevertheless, this                                                               
bill recognizes  the growing interest in  naturopathy nationwide.                                                               
This  bill  attempts to  expand  naturopathic  scope of  practice                                                               
while providing enough oversight to protect the public.                                                                         
                                                                                                                                
SENATOR  COWDERY said  he thought  that generally  these councils                                                               
were appointed  by the governor. He  asked why this bill  has the                                                               
councils appointed by the commission.                                                                                           
                                                                                                                                
2:06:14 PM                                                                                                                    
JENNIFER  STRICKLER, Licensing  Chief, Division  of Corporations,                                                               
Business  and  Professional  Licensing, Department  of  Commerce,                                                               
Community &  Economic Development (DCCED), Juneau,  AK, said that                                                               
she consulted with  the Department of Law  (DOL) about appointing                                                               
the members.  DOL said that  if it's  an advisory council  to the                                                               
department and the  department is the regulatory  agency there is                                                               
no  constitutional issue.  But if  this council  sets regulations                                                               
it must be appointed by the governor.                                                                                           
                                                                                                                                
MS. STRICKLER further commented that the bill creates a five-                                                                   
member  Alaska  Naturopathic Council  and  expands  the scope  of                                                               
practice to allow  prescriptive  authority and the performance of                                                               
minor  surgery. Her  division is  responsible  for regulation  of                                                               
programs  established  without a  board;  naturopathy  is one  of                                                               
those programs.                                                                                                                 
                                                                                                                                
She said  her mission is to  protect the public by  insuring that                                                               
only  safe,  competent  and  qualified  practitioners  can  offer                                                               
services to  Alaskan consumers.  Her division  is not  staffed by                                                               
industry members,  but she has  access to practitioners  of other                                                               
health  care  industries  whom  she turns  to  for  opinions  and                                                               
guidance. For instance, she said,  since licensure was created in                                                               
1994,  only  44 naturopaths  are  licensed  and 37  have  Alaskan                                                               
addresses. No complaints  were filed in FY05;  only one complaint                                                               
of unlicensed activity was filed  in FY06; and no complaints were                                                               
filed  in  FY07. Only  the  fees  have  changed under  the  self-                                                               
sufficiency laws.                                                                                                               
                                                                                                                                
MS.  STRICKLER  said  the  creation   of  this  council,  whether                                                               
advisory  or   regulatory,  is  an  expensive   proposition.  The                                                               
licensing of  naturopaths is under the  Centralized Licensing Act                                                               
in  AS 08.01.065  that requires  programs  to be  self-sufficient                                                               
through licensing fees. Any expenses  arising from a council need                                                               
to  be paid  for through  an increase  in naturopathic  licensing                                                               
fees. Currently,  this program  is staffed  by one  position that                                                               
also provides  support to nine  other programs  without licensing                                                               
boards. The  creation of  a council  will require  the need  of a                                                               
staff person to  keep the official records as  required under the                                                               
Alaska Procedures Act.                                                                                                          
                                                                                                                                
If naturopaths  are allowed  to expand  their scope  of practice,                                                               
she  said  there  will  be  a  need  to  establish  a  regulatory                                                               
oversight  entity.  The  bill currently  establishes  the  Alaska                                                               
Naturopathic  Council within  the DCCED  under guidance  from the                                                               
governor's  office. However,  she proposed  that this  council be                                                               
established  through boards  and  commissions  in the  governor's                                                               
office and not  the department. A process already  exists to make                                                               
such  appointments   and  recreating   the  process   within  the                                                               
department would be cumbersome.                                                                                                 
                                                                                                                                
MS. STRICKLER  had other concerns. The  department maintains that                                                               
it is  the industry's responsibility to  convince the legislature                                                               
of the  value in expanding the  scope of practice. She  said that                                                               
in  2004, the  State  Medical Board  wrote  a letter  unanimously                                                               
opposing  the  expanded practice  presented  in  the bill.  Their                                                               
reasoning  was  that naturopathic  theory  and  practice are  not                                                               
based on the body of  basic knowledge related to health, diseases                                                               
and health care  that has been widely accepted  by the scientific                                                               
community. Moreover,  irrespective of  its theory, the  scope and                                                               
quality   of  naturopathic   education  does   not  prepare   the                                                               
practitioner   to  make   an  adequate   diagnosis  and   provide                                                               
appropriate treatment.                                                                                                          
                                                                                                                                
More  alarming  is  the  Medical   Board's  statement  that  "the                                                               
education   and  training   attained   by   those  who   practice                                                               
naturopathy   does  not   prepare  them   adequately  in   modern                                                               
pharmacology  nor are  they sufficiently  trained and  skilled to                                                               
perform surgical  procedures." It  said naturopaths  receive four                                                               
years  of  education which  consists  of  two years  of  didactic                                                               
training  and  two  years of  clinical  training.  Allopaths  and                                                               
osteopaths typically get 8-12 years of education and training.                                                                  
                                                                                                                                
Section  5 on  page  4 requires  60 hours  of  education from  an                                                               
approved  program  to   gain  prescriptive  authority.  Physician                                                               
assistants (PA) are required to  have formal training in addition                                                               
to clinical  rotation training  for at least  a year,  similar to                                                               
medical  doctors, before  being allowed  to prescribe  or perform                                                               
minimally  invasive  procedures.   Advanced  nurse  practitioners                                                               
(ANP)  are required  to have  formal  training and  work under  a                                                               
preceptor  to perform  minimally  invasive  procedures. They  are                                                               
required to obtain additional pharmacology hours.                                                                               
                                                                                                                                
Both  PAs  and  ANPs  could originally  practice  only  under  an                                                               
approved collaborative plan with  a medical doctor. Veterinarians                                                               
possess  a minimum  of  eight years  of  education; their  junior                                                               
surgery  training begins  in the  seventh year  of schooling  and                                                               
minor  surgery  is  performed independently  once  they  graduate                                                               
after eight or  more years of schooling. Some choose  never to do                                                               
surgery  while others  specialize  in  it. Pharmacology  training                                                               
spans approximately six years of education.                                                                                     
                                                                                                                                
Information  from  the   Commonwealth  of  Massachusetts  Special                                                               
Commission    on    Complimentary   and    Alternative    Medical                                                               
Practitioners   Minority   Report   questions  the   quality   of                                                               
naturopath  education, experience,  and  efficacy of  treatments,                                                               
accuracy of diagnosis,  and the rational basis  of their beliefs.                                                               
The  majority report  suggested that  regulation exclude  certain                                                               
practices such as surgery  and prescribing controlled substances.                                                               
It  suggested creating  regulations  to  establish standards  for                                                               
required   collaboration   between   naturopathic   doctors   and                                                               
conventional medical doctors.                                                                                                   
                                                                                                                                
The writings  by Kimble C.  Atwood, MD, state "for  an occupation                                                               
with  little  semblance  of  objective,  scientific  and  ethical                                                               
basis,  licensure  legitimizes   an  otherwise  illegitimate  and                                                               
dangerous  activity." Arnold  S.  Wilman, M.D.,  who studied  the                                                               
text  book of  normal medicine  used in  schools of  naturopathic                                                               
medicine, stated  that the text  book explains  that "naturopathy                                                               
objects to the  use of pharmaceutical agents  and depends instead                                                               
on the use of herbal or  natural remedies of unproven value." She                                                               
said  information  like this  has  caused  Alaskan regulators  to                                                               
question whether  allowing licensed  naturopaths to  expand their                                                               
scope  of  practice  to  perform minor  surgery  and  be  granted                                                               
prescriptive authority is really in  the best interest of Alaskan                                                               
consumers.                                                                                                                      
                                                                                                                                
If the  legislature wants  to expand the  scope of  practice, she                                                               
suggested  they   be  allowed   to  perform  under   an  approved                                                               
collaborative  relationship  plan  with  a  conventional  medical                                                               
doctor.                                                                                                                         
                                                                                                                                
2:14:31 PM                                                                                                                    
CHAIR DAVIS  asked if  Ms. Strickler would  support this  bill if                                                               
the bill incorporated her recommendation.                                                                                       
                                                                                                                                
2:16:06 PM                                                                                                                    
MS.  STRICKLER answered  she has  a neutral  position other  than                                                               
urging  the   committee  to  adopt  her   suggestion.  She  would                                                               
implement what the legislature enacts.                                                                                          
                                                                                                                                
SENATOR DYSON  asked if she knew  of reports of harm  to patients                                                               
in the last four or five years.                                                                                                 
                                                                                                                                
MS.  STRICKLER  said her  investigative  unit  had no  record  of                                                               
complaints or harm.                                                                                                             
                                                                                                                                
SENATOR DYSON  asked if she  would have  known of legal  or civil                                                               
actions taken.                                                                                                                  
                                                                                                                                
MS. STRICKLER answered yes.                                                                                                     
                                                                                                                                
SENATOR  DYSON   asked  if  this   bill  has  limits   for  their                                                               
prescriptive authority.                                                                                                         
                                                                                                                                
CHAIR DAVIS answered yes.                                                                                                       
                                                                                                                                
MR. OBERMEYER said his understanding  is that naturopaths want to                                                               
prescribe all legend  drugs, not narcotics. It  was intended that                                                               
the Board of Pharmacy would deal with this issue.                                                                               
                                                                                                                                
2:19:25 PM                                                                                                                    
SENATOR THOMAS said he was  concerned that someone who referenced                                                               
Dr. Atwood  called naturopaths witch doctors.  When someone takes                                                               
that approach, he said he  is suspicious of their motivations. He                                                               
wanted to  know what the  department's real feelings were  on the                                                               
subject and felt that he needed more direction.                                                                                 
                                                                                                                                
SENATOR  DYSON asked  if they  had heard  from the  State Medical                                                               
Board on this issue.                                                                                                            
                                                                                                                                
CHAIR DAVIS  said not  within this session.  Three or  four years                                                               
ago an  advisory group was  established, but nothing came  of it.                                                               
The bill has been introduced several times since then.                                                                          
                                                                                                                                
SENATOR COWDERY commented  that Senator Seekins had  a task force                                                               
on the  subject. He  asked if  there was  a definition  of "minor                                                               
surgery."                                                                                                                       
                                                                                                                                
CHAIR DAVIS replied  that the bill didn't have  a definition, but                                                               
she would have a professional address that issue.                                                                               
                                                                                                                                
2:23:12 PM                                                                                                                    
SENATOR ELTON  asked if any  studies or reports have  covered the                                                               
issue  of medical  mistakes by  naturopaths  compared to  medical                                                               
mistakes by other health practitioners.                                                                                         
                                                                                                                                
MS. STRICKLER said  she wasn't familiar with any  such reports at                                                               
this time, but she would look into that.                                                                                        
                                                                                                                                
SENATOR  COWDERY  asked  if  naturopaths  are  required  to  have                                                               
malpractice insurance.                                                                                                          
                                                                                                                                
2:25:18 PM                                                                                                                    
MARY  MINER, Naturopathic  Doctor, Secretary,  Alaska Association                                                               
of Naturopathic  Physicians, Palmer,  AK, referred  the committee                                                               
to the Legislative Research Report  05.074. that was requested by                                                               
Representative  Kott on  complaints against  naturopathic doctors                                                               
and disciplinary actions against  licensed physicians in selected                                                               
states   1997-8.   There   weren't  enough   complaints   against                                                               
naturopaths to make  an accurate comparison, but  it indicated in                                                               
Arizona,  Washington   and  Oregon,  naturopaths  had   half  the                                                               
disciplinary actions per capita as medical doctors.                                                                             
                                                                                                                                
She  said  this isn't  novel  legislation;  naturopaths in  other                                                               
states have had prescriptive  authority since approximately 1985.                                                               
Their record for safety is amazingly good.                                                                                      
                                                                                                                                
Regarding Senator Dyson's  question about prescriptive authority,                                                               
the bill  does not provide for  unlimited prescriptive authority.                                                               
The  reason for  the council  is to  look at  the formularies  of                                                               
other states so  it can recommend certain criteria.  She said the                                                               
authority extends  by and large  to legend drugs, which  are non-                                                               
controlled substances  that have a  very low potential  for abuse                                                               
or dependency.                                                                                                                  
                                                                                                                                
2:30:21 PM                                                                                                                    
She  explained that  most of  the schools  where naturopaths  are                                                               
trained have  had the  ability to  write prescriptions  since the                                                               
mid-80s. She  also pointed  out that  Dr. Atwood's  complaints of                                                               
several years ago  were presented in Massachusetts,  a state with                                                               
no  licensed naturopaths,  and  that there  is  a big  difference                                                               
between so-called schools that are  certificate mills and schools                                                               
that provide four years of rigorous training.                                                                                   
                                                                                                                                
DR. MINER said  she sent Ms. Strickler a head  to head comparison                                                               
of University  of Washington  Medical School's  WAMI (Washington-                                                               
Alaska-Montana-Idaho  Medical  School)  Program  and  the  Bastyr                                                               
University's school  including the  requirements to get  into the                                                               
program. It's easy  to see that there are  many more similarities                                                               
than  there are  differences.  All their  programs are  certified                                                               
through the  US Department of  Education which  accredits medical                                                               
schools as  well as naturopathic  schools. They have  been vetted                                                               
and there is a standard.                                                                                                        
                                                                                                                                
She  said she  has  been  practicing in  Alaska  since 1990.  The                                                               
present state of medicine is far  more integrative than it was 20                                                               
years  ago and  that trend  will continue  into the  future. It's                                                               
important for people who are  taking responsibility for their own                                                               
health to  have the guidance  of someone who  has a foot  in both                                                               
worlds. As  the doctor shortage  becomes worse, it's in  the best                                                               
interest of the public to  have well-trained qualified people who                                                               
can  give  appropriate  treatments for  problems  like  diabetes,                                                               
infections and heart diseases.                                                                                                  
                                                                                                                                
DR. MINER  said "There's  no data that  supports that  where this                                                               
has  been  done in  other  states,  the  public health  has  been                                                               
harmed."                                                                                                                        
                                                                                                                                
2:35:00 PM                                                                                                                    
CHAIR DAVIS said  this is not the bill's first  referral; it came                                                               
from  the Labor  and Commerce  Committee where  no concerns  were                                                               
expressed.                                                                                                                      
                                                                                                                                
DR. JOHN  RASTER, Alaska State  Medical Association,  Juneau, AK,                                                               
said  that as  a private  practice physician  he appreciates  the                                                               
naturopathic community  operating within its realm.  They provide                                                               
good service  to many  patients, but he  objects to  the expanded                                                               
scope of  practice in SB 107.  He said the board's  concerns have                                                               
been voiced  in the  past. The  two main  concerns are  access to                                                               
care and patient safety, and how  that relates to the training of                                                               
naturopaths  versus physicians.  He  said it's  true  there is  a                                                               
shortage of  medical doctors, but  neither Medicaid  nor Medicare                                                               
reimburses  naturopathic care  so he  didn't think  expanding the                                                               
scope of practice would significantly augment access to care.                                                                   
                                                                                                                                
In  terms of  patient safety  and  training, the  two issues  are                                                               
medical  prescription ability  for non-controlled  substances and                                                               
surgery.  To get  a physician's  license in  Alaska, you  have to                                                               
have  graduated from  four years  of medical  school; naturopaths                                                               
also need  four years. However,  a physician has to  practice for                                                               
two years under  someone in residency training in  order to write                                                               
a prescription. He said that  non-controlled substances can sound                                                               
innocuous,  but  they can  be  problematic  because they  include                                                               
drugs like  insulin, which if given  in too high a  dose can kill                                                               
someone. Non-controlled substances  include chemo-therapy for the                                                               
treatment of cancer.  Part of learning how  to prescribe medicine                                                               
is  learning pharmacology,  a  broad  education including  seeing                                                               
patients, and being under tutelage.                                                                                             
                                                                                                                                
DR. RASTER said  in terms of overall  philosophy, medical doctors                                                               
are pushing  more and more  towards evidence-based  medicine, and                                                               
naturopathy  has generally  not been  as interested  in evidence-                                                               
based  care.  All  the  medications  naturopaths  are  asking  to                                                               
prescribe have  to pass muster  with evidence-based  care because                                                               
the drugs  have to get through  the FDA. In order  to get through                                                               
the FDA,  there must be  evidence that  a substance does  what it                                                               
says it's going to do.                                                                                                          
                                                                                                                                
Medical school trains  doctors to do surgery under the  eyes of a                                                               
trained  surgeon,  but still  a  doctor  cannot get  licensed  in                                                               
Alaska even  to do minor  surgery without two years  of residency                                                               
training. This  bill allows surgery  under local  anesthesia with                                                               
significant complications in an  office. He noted that physicians                                                               
are required by state law to carry malpractice insurance.                                                                       
                                                                                                                                
2:41:53 PM                                                                                                                    
SENATOR ELTON asked  if Dr. Raster saw  any mitigating amendments                                                               
that  could be  made to  the existing  bill that  would help  the                                                               
board  get  beyond some  of  the  concerns raised;  for  example,                                                               
having  an MD  on the  board or  having a  regular board  that is                                                               
appointed by  the governor  with all the  authority of  law under                                                               
the Department of Commerce, or  having a naturopath operate under                                                               
the endorsement of an M.D.                                                                                                      
                                                                                                                                
DR. RASTER answered that he knows  a little about what is done in                                                               
other states where naturopaths are  licensed, but he wasn't aware                                                               
of great collaboration existing  between the two professions. His                                                               
main concerns are that the formulary  would be decided by a board                                                               
that  would consist  of naturopaths.  Essentially  that could  be                                                               
expanded to include all drugs.  Having one physician on the board                                                               
wouldn't necessarily help.  About a half dozen  states allow some                                                               
restricted prescription ability by  naturopaths, but only Arizona                                                               
allows uncontrolled substances. He  didn't know their experience.                                                               
He suggested that  a group could be formed to  look at that issue                                                               
rather than relying on his testimony.                                                                                           
                                                                                                                                
2:44:06 PM                                                                                                                    
SENATOR DYSON said  he's torn on this issue.  The two naturopaths                                                               
who practice  in his community  have good reputations and  a wide                                                               
following. A  number of  folks have said  they've been  helped by                                                               
naturopaths and he's  impressed with that. He  also knows medical                                                               
doctors  who have  said it's  all quackery.  At best  they do  no                                                               
harm, but  people are  duped into  thinking they're  getting good                                                               
treatment for  their particular  pathology when  actually they're                                                               
kept from getting to someone who  could really help. He also said                                                               
that  a particular  demagogue admitted  that  he had  had to  eat                                                               
crow.  The  New England  Journal  of  Medicine had  published  an                                                               
article  about  the  efficacy  of   a  particular  compound  that                                                               
naturopaths had  been talking about  for years and he  was forced                                                               
to admit that, "Darn it they were right."                                                                                       
                                                                                                                                
SENATOR  DYSON  said  he  understands  that  there  are  so  many                                                               
prescriptive medicines available  that there's significant danger                                                               
of  drug interactions.  Many carry  strong warnings  about mixing                                                               
prescription  drugs without  the  primary physician's  knowledge.                                                               
That  concern  rings  true  for   him.  He  noted  that  previous                                                               
testimony  indicates  that  AMA   members  in  Alaska  have  been                                                               
reluctant to sit  on this board or to exercise  any oversight for                                                               
naturopaths.                                                                                                                    
                                                                                                                                
DR.  RASTER replied  there was  a task  force sometime  before he                                                               
became an Alaska AMA board member.  He doesn't know what went on,                                                               
but perhaps Dr. Malter could speak to that.                                                                                     
                                                                                                                                
2:48:06 PM                                                                                                                    
SENATOR THOMAS said he too  is concerned, but it's also difficult                                                               
to sort  out the fact that  tens of thousands of  people die each                                                               
year  in  hospitals  under  the care  and  treatment  of  medical                                                               
doctors.  He's  become  accustomed  to  listening  to  people  in                                                               
competing   situations  downgrade   the   ability,  efficacy   or                                                               
reasonableness of the  other viewpoint and he tries  to sort that                                                               
out as well.                                                                                                                    
                                                                                                                                
SENATOR THOMAS  said he'd like to  see people who are  a bit more                                                               
participatory figure out  how to do this.  Differences in medical                                                               
training obviously exist  but he hopes the state is  able to sort                                                               
out the  differences between  the degrees  that are  granted from                                                               
various  schools.  It  would  be   helpful  if  there  were  more                                                               
cooperation  to  promote what  would  be  good for  Alaska.  That                                                               
doesn't   necessarily  mean   a  broader   approach  to   medical                                                               
treatment. It could  just mean more availability. This  may be an                                                               
opportunity  for people  that  look at  medicine  in a  different                                                               
fashion  in the  overall  efforts to  bring  effective care  into                                                               
rural areas.  The question  is how  to get  doctors to  work with                                                               
naturopaths.  He added  that there's  a shortage  of doctors  and                                                               
trained  professionals in  urban areas  but the  need is  dire in                                                               
rural areas.                                                                                                                    
                                                                                                                                
DR. RASTER  replied he isn't  sure SB 107  is the vehicle  to get                                                               
medical care  to rural areas.  With respect to  collaboration, he                                                               
refers patients  to naturopaths when  he has hit brick  walls. In                                                               
terms  of cooperation  at the  state level,  there's little  data                                                               
because this doesn't occur in  most other states. "We're starting                                                               
from ground zero." The alternative  would be for the naturopathic                                                               
community to make  its training more similar  to medical training                                                               
in order to write prescriptions,  perform medical procedures, and                                                               
have  evidence-based  studies, mini-residencies  and/or  surgical                                                               
training  residencies. Historically  doctors  of osteopathy  were                                                               
separate from  medical doctors dealing  with spine  alignment and                                                               
non-traditional  therapy. They  have become  more scientific  and                                                               
evidence-based  and as  a consequence,  most people  don't notice                                                               
much difference. If that model were  to happen from the bottom up                                                               
that  would seem  reasonable. There  is certainly  a way  to move                                                               
forward if common  ground could be found. Bu it's  a hard task to                                                               
create  a  sort of  mini-residency  here  for 30  naturopaths  to                                                               
become more medicalized.                                                                                                        
                                                                                                                                
2:52:58 PM                                                                                                                    
SENATOR  ELTON   noted  that  his  testimony   didn't  address  a                                                               
naturopath's ability to order and  perform diagnostic and imaging                                                               
tests  consistent with  their  training. He  asked  if that's  an                                                               
issue with him or the AMA.                                                                                                      
                                                                                                                                
DR. RASTER  replied it's not  as big an  issue in terms  of doing                                                               
potential harm. "Delay  in diagnosis certainly is  a problem, but                                                               
not as  identifiable as cutting  a nerve or killing  someone with                                                               
insulin."                                                                                                                       
                                                                                                                                
SENATOR   ELTON  recalling   previous  debates   on  prescriptive                                                               
authority,  asked what  practitioners,  other than  optometrists,                                                               
have prescriptive authority now but didn't in the recent past.                                                                  
                                                                                                                                
DR. RASTER replied that only optometrists come to mind.                                                                         
                                                                                                                                
SENATOR ELTON asked if midwives have prescriptive authority.                                                                    
                                                                                                                                
DR.  RASTER replied  he  doesn't have  that  information, but  he                                                               
doesn't believe so.                                                                                                             
                                                                                                                                
CHAIR  DAVIS  informed  members  that  nurse  practitioners  have                                                               
prescriptive authority.                                                                                                         
                                                                                                                                
DR. RASTER agreed.                                                                                                              
                                                                                                                                
SENATOR  ELTON  said other  testifiers  may  want to  comment  on                                                               
whether or  not the expansion  of prescriptive  authority created                                                               
medical issues or caused harm to the public.                                                                                    
                                                                                                                                
DR. RASTER suggested there's a lack of data.                                                                                    
                                                                                                                                
2:55:44 PM                                                                                                                    
CHAIR DAVIS advised that some 12  or 13 states already do exactly                                                               
what  this bill  proposes. Information  regarding how  the boards                                                               
are set up  should be easy to  come by, and she'll  make sure the                                                               
committee has that information before the next hearing.                                                                         
                                                                                                                                
DR. EMILY  KANE, Naturopathic Doctor,  Juneau, AK, said  she will                                                               
summarize three areas: education  of naturopathic doctors, access                                                               
to healthcare in  general and public safety. She  noted that some                                                               
committee  members asked  for information  comparing disciplinary                                                               
reports between  allopaths and naturopathic doctors  in different                                                               
states  as  well  as  comparative  training.  She  distributed  a                                                               
document with those facts.                                                                                                      
                                                                                                                                
DR.  KANE   said  SB  107   establishes  a   five-member  council                                                               
consisting  of two  naturopaths, one  pharmacist, and  two public                                                               
members. One of  the public members may be a  medical doctor. The                                                               
intent is to  pave the way to better use  naturopathic doctors as                                                               
primary  healthcare  providers  in  Alaska.  "We  are  designated                                                               
primary healthcare providers, and  state-based insurance pays for                                                               
us."  Although   Medicare  and   Medicaid  don't   reimburse  for                                                               
naturopathic services, that is a  federal issue that is currently                                                               
being  debated.  She estimated  that  topic  will  come up  on  a                                                               
national level in the next four to eight years.                                                                                 
                                                                                                                                
DR. KANE  said that her  education is fairly typical  of licensed                                                               
naturopaths  in Alaska.  To become  licensed in  this state  it's                                                               
necessary  to have  graduated  from one  of  the four  accredited                                                               
schools of naturopathic medicine in  the US, and an undergraduate                                                               
degree  is a  prerequisite for  entry. Her  undergraduate studies                                                               
were at Harvard  University where she graduated  with honors. She                                                               
pursued a  different career for  about ten years  before entering                                                               
medical school  at Bastyr University.  She was in  medical school                                                               
for  six years  followed by  one  year of  residency training  or                                                               
preceptorship.  Part of  her  residency  training included  three                                                               
months in two  major teaching hospitals in China.  One reason she                                                               
went to China  is because it isn't easy  for naturopathic doctors                                                               
to  find residencies  in the  US. When  she graduated  there were                                                               
about 1,000  licensed naturopaths  in the  country and  now there                                                               
are about  5,000. During her  three-month residency  training she                                                               
had almost  600 patient contacts  and she saw lots  of pathology.                                                               
Thereafter, she passed  national licensing examinations including                                                               
14 clinical and  6 basic science exams. The  basic sciences exams                                                               
are  completely  comparable  to   medical  doctor  basic  science                                                               
examinations. The  clinical exams are somewhat  different in that                                                               
there  is  greater emphasis  on  dietary  and herbal  therapeutic                                                               
training. She had four or  five quarters of study in pharmacology                                                               
and in  order to  maintain her  license in  Alaska, she  needs 23                                                               
hours of  continuing education  each year.  Seven of  those hours                                                               
must be  pharmacology continuing credits even  though her ability                                                               
to  use  pharmacologic agents  is  limited.  Most of  the  legend                                                               
drugs,  antibiotics and  anti-hypertensives, she's  interested in                                                               
being able  to offer her  patients are not legally  available for                                                               
her to prescribe now, although  she maintains current training in                                                               
those substances.                                                                                                               
                                                                                                                                
DR.  KANE   said  that  since   1996  she  has  enjoyed   a  good                                                               
relationship with the  local hospital and has been  on its roster                                                               
as  an  allied  healthcare  provider. Part  of  maintaining  that                                                               
liaison requires that she carry  malpractice insurance so she has                                                               
standard $3  million/$1 million coverage. She  surmised that most                                                               
of  her colleagues  have similar  malpractice  coverage. She  has                                                               
never used  her insurance. "There  is a very, very  low incidence                                                               
of  malpractice action  against naturopaths."  That's one  reason                                                               
her insurance is still affordable.                                                                                              
                                                                                                                                
DR. KANE  said that her  liaison with the hospital  also requires                                                               
re-credentialing every  two years. She  has a  sponsoring medical                                                               
doctor  and she  must prove  continuing education  and up-to-date                                                               
malpractice insurance.  The hospital reviews the  ways she's used                                                               
the facility.  She has diagnostic  and admitting  privileges, but                                                               
once  a patient  is  admitted she  can't  provide therapies.  She                                                               
regularly uses the diagnostic facilities  at Bartlett because she                                                               
doesn't have X-ray or ultrasound equipment in her office.                                                                       
                                                                                                                                
3:03:18 PM                                                                                                                    
DR. KANE  noted that Dr.  Raster and Dr.  Malter are part  of her                                                               
referral base and  both have extended good care  to her patients.                                                               
Her interactions  with the MD  community have been  courteous and                                                               
helpful and her patients have  been helped. "What doesn't help my                                                               
patients is  when I  could provide service  that they  need right                                                               
now that  I'm capable of  providing and for various  reasons they                                                               
don't follow  up on  my recommendations,  and sometimes  they can                                                               
come to  harm because of that."  She related two stories  to make                                                               
the   point  that   some   patients   prefer  using   alternative                                                               
healthcare. In  the second circumstance  her patient  just didn't                                                               
get around to going to see the regular medical doctor.                                                                          
                                                                                                                                
3:07:28 PM                                                                                                                    
DR. KANE  said that SB 107  will give Alaskans instant  access to                                                               
several dozen more fully-trained  wellness professionals that are                                                               
capable of  medication management in minor  in-office procedures.                                                               
Her  training in  minor surgery  included  removing moles,  punch                                                               
biopsies,  removing  splinters,  and  suturing  lacerations.  She                                                               
agreed  with previous  testimony  that not  all naturopaths  will                                                               
want this extension,  but her style is as a  primary care doctor,                                                               
and she'd  like to serve  her patients  in that capacity.  SB 107                                                               
will help to fill that need.                                                                                                    
                                                                                                                                
SENATOR DYSON said he's impressed with her attitude.                                                                            
                                                                                                                                
SENATOR THOMAS asked if her course  of study was required for her                                                               
degree or was some of it simply what she chose to do.                                                                           
                                                                                                                                
DR. KANE replied, "I don't think you  need to go to an Ivy League                                                               
college  to become  a naturopath,  but  you do  need a  four-year                                                               
undergraduate degree."  She elected  to go to  China to  get more                                                               
patient  contact.  A  certain  number  of  patient  contacts  are                                                               
requisite  in  order to  complete  the  clinical portion  of  the                                                               
training. Alaska requires naturopaths  to pass national licensing                                                               
exams,   and  every   two   years   their  continuing   education                                                               
certification must  be updated. Alaska  is the only state  in the                                                               
block   of   western   states   including   California,   Oregon,                                                               
Washington,  Idaho,  Arizona,  and Colorado  that  doesn't  allow                                                               
naturopathic  doctors to  prescribe  a limited  roster of  legend                                                               
drugs. That does not include narcotics or chemotherapeutics.                                                                    
                                                                                                                                
SENATOR THOMAS asked if the  required undergraduate degree has to                                                               
be in a relevant field.                                                                                                         
                                                                                                                                
DR. KANE  said it  does not and  her undergraduate  degree wasn't                                                               
science based. She  went to a community college for  two years to                                                               
get basic sciences before she could enter the graduate program.                                                                 
                                                                                                                                
3:11:47 PM                                                                                                                    
DR. ALEX MALTER,  Internist, Juneau, AK, said  that several years                                                               
ago  he  participated  in  Senator   Seekins'  task  force  as  a                                                               
representative of the medical community.  It was formed to find a                                                               
solution to  the same difficult  questions that have  been raised                                                               
here.  That   legislature  didn't  think  a   solution  could  be                                                               
fashioned during the 120-day legislative session.                                                                               
                                                                                                                                
DR. MALTER  said he  was disappointed that  there wasn't  a final                                                               
report, but his  observation was that Senator  Seekins and others                                                               
ultimately weren't  comfortable crafting  the solution  that they                                                               
had originally  anticipated. "That  was my  impression of  why we                                                               
didn't get a report out of that task force."                                                                                    
                                                                                                                                
DR. MALTER  explained that the task  force looked at some  of the                                                               
curriculum  that  was to  be  covered  in four-year  naturopathic                                                               
schools.  The  information  came  from  a  text  of  naturopathic                                                               
physicians, probably  from the  preeminent Bastyr  University. It                                                               
lists  the  scope  of  practice   and  types  of  therapeutics  a                                                               
naturopathic   physician  may   choose  including:   acupuncture,                                                               
botanical  medicine,  clinical  nutrition,  electro-hydrotherapy,                                                               
homeopathy, light and air  therapy, massage therapy, naturopathic                                                               
manipulative  techniques,  psychologies, manipulations,  surgery,                                                               
and use of appropriate pharmacological agents.                                                                                  
                                                                                                                                
DR. MALTER said  his concern has been that for  an internist, the                                                               
first  two years  are in  the classroom,  the last  two years  in                                                               
medical  school and  the three  years of  residency training  are                                                               
essentially   dedicated  to   putting  together   diagnostic  and                                                               
therapeutic  techniques  and  learning to  prescribe  safely  and                                                               
appropriately. That's  five years  of on-the-job  training before                                                               
going out  to practice.  In Alaska  it takes  at least  two years                                                               
after medical  school to get  licensed. His concern is  that when                                                               
he looks at  the list of therapies that  naturopaths are expected                                                               
to master, he's not sure there's  time in the four years to learn                                                               
how   to  safely   prescribe  medicines.   Doing   60  hours   of                                                               
pharmacology to  get certified  by the council  as called  for in                                                               
the bill,  might sound  equivalent to what  happens in  the first                                                               
year of  medical school,  "but it's not  the pharmacy  classes or                                                               
Continuing  Medical  Education(CME)  credits  that  makes  you  a                                                               
prescriber." Safe  prescribing comes  from five  years of  on on-                                                               
the-job  training  under  the direct  observation  of  practicing                                                               
professors.                                                                                                                     
                                                                                                                                
3:15:56 PM                                                                                                                    
DR. MALTER  agreed with Dr.  Kane that in  many ways and  on many                                                               
levels  there's a  good relationship  between western  allopathic                                                               
doctors and  some of the naturopaths  in the state. But  it's not                                                               
realistic to think that the  required classroom time plus 60 more                                                               
hours is  sufficient to  really learn  to safely  prescribe. He's                                                               
wary  that the  state wants  to sign  off on  a council  of five,                                                               
decreeing what a group of  people who might have minimal training                                                               
could prescribe. Four years ago when  he looked into the issue of                                                               
residency for  naturopaths he understood  that the extra  year of                                                               
training after naturopathic school wasn't required.                                                                             
                                                                                                                                
DR. MALTER  suggested that the  task force  idea was a  good idea                                                               
and  a compromise  might be  to put  together another  one. As  a                                                               
member  of   the  board  of   trustees  for  the   state  medical                                                               
association, he assured the committee  that the association would                                                               
be happy to  participate as it did previously.  He disclosed that                                                               
he also  works for the  Department of Health and  Social Services                                                               
(DHSS) as the  Medicaid medical director. He  clarified that DHSS                                                               
does not  have a  position on  the bill.  His testimony  has been                                                               
personal.                                                                                                                       
                                                                                                                                
CHAIR DAVIS  announced she  would hold SB  107 in  committee. She                                                               
wasn't sure a task force was  needed but she wants to formulate a                                                               
plan to move forward if possible.                                                                                               

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