Legislature(2007 - 2008)BUTROVICH 205
03/19/2008 01:45 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SJR18 | |
| SB107 | |
| SB206 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 206 | TELECONFERENCED | |
| += | SB 210 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 107 | TELECONFERENCED | |
| += | SJR 18 | TELECONFERENCED | |
SB 107-NATUROPATHS
CHAIR DAVIS announced the consideration of SB 107. She asked Mr.
Obermeyer to explain the changes in the proposed CS.
2:13:10 PM
TOM OBERMEYER, Staff to Chair Davis, presented an overview of
CSSB 107, labeled 25-LS0702, Version \L, an Act relating to
naturopaths and to the practice of naturopathy, establishing an
Alaska Naturopathic Board and providing for an effective date.{
He pointed out that the first section of the bill identified an
addition to the boards under Title 08. Title 08.45, page 2, line
10 included the Alaska Naturopathic Board. A new section,
08.45.003, Section 3, created the board consisting of:
seven members appointed by the Governor. Three members
shall be naturopaths licensed under this chapter who
have been engaged in the practice of naturopathic
medicine in the state for at least five years
immediately preceding appointment, at least one of
whom lives outside the third judicial district. One
member shall be a licensed pharmacist. One member
shall be licensed physician. Two members shall be
public members who, in addition to limitations imposed
under AS 08.01.025, may not have a direct financial
interest in the health care industry other than as a
consumer of health care services.
MR. OBERMEYER noted that this board was designated in that
section with a chair and a secretary who would serve staggered
terms of 3 years unless removed for cause; 4 members of the
board would constitute a quorum for transaction of all business
before the board. The Governor "may" consider licensed
naturopaths who had been nominated by the Association of
Naturopathic Physicians.
On page 3, under 08.45.005 Duties of the board, it goes on to
say:
The board shall
(1) establish a list of prescription drugs and
medical devices that are consistent with
naturopathic education and practice that may be
prescribed and administered by a naturopath
holding a prescription endorsement, and review
the list of prescription drugs and medical
devices annually and on request by the
department;
This board would review allegations of misconduct, approve
naturopathic medical programs, adopt regulations necessary to
implement this chapter and conduct hearings on charges of
alleged violations.
Section 4 reads:
The board shall request the department issue a license
to practice naturopathy to an applicant who provides
proof satisfactory to the board that the applicant has
received a degree from an accredited four-year college
or university, has paid the applicable fees,
So, the board replaced the department in Section 5. In Section
6, a new section was added as to the scope for diagnostic
purposes. It also described the drug endorsement and, subject to
(c) of that section, the endorsement to practice minor surgery.
Beginning on page 4, line 27 it stipulated that:
(c) Minor surgery may be performed by a naturopath
licensed under this chapter only if the
naturopath has submitted proof satisfactory to
the board that the naturopath has completed at
least 1,200 hours of training in minor surgery
under the supervision of a licensed physician,
physician's assistant, or nurse practitioner.
The restrictions were on page 5, in the practice. They would be
allowed to prescribe prescription drugs only as authorized under
AS 08.45.056; could only engage in minor surgery as authorized
under AS 08.45.045(b) and (c); and could not use general or
spinal anesthetics.
MR. OBERMEYER concluded that the whole point of this particular
draft was to transfer responsibility from the naturopathic
council they had set up, to a formal naturopathic board that
would be responsible for all activities including licensing,
discipline, and their current practices.
2:18:35 PM
CHAIR DAVIS reiterated that this had gone from an advisory board
to a complete board that could be appointed by the Governor.
SENATOR ELTON referred to page 4, Section 5 of the new committee
substitute and said he did not recall a provision for a
temporary license in previous versions of the bill.
MR. OBERMEYER agreed that he was correct. He thought this was
something Leg Legal decided to do and was not sure as to the
purpose. He conjectured that it might be issued if a person had
applied for and was qualified to take the naturopathic exam and
the board was satisfied that the applicant had paid the fees and
met the requirements; but he was not sure. It appeared to give
the board some type of leeway to issue temporary licenses.
CHAIR DAVIS said she would like Jean Mischel to speak to that.
2:20:28 PM
JEAN MISCHEL, Attorney at Law, Legislative Legal and Research
Services Division, Legislative Affairs Agency, said she had not
had a chance to review this bill and asked Chair Davis to give
her a few moments to do so. She said this version was drafted by
Alphaeus Bullard.
SENATOR COWDERY asked if there was a definition for minor
surgery.
MR. OBERMEYER answered that minor surgery was defined on page 6,
[Section 11, paragraph (5)] and means the use of "(i) operative,
electrical, or other methods for surgical repair and care
incidental to superficial lacerations and abrasions or
superficial lesions and the removal of foreign bodies located in
superficial tissues; and (ii) antiseptics and local anesthetics
in connection with methods authorized under (i) of this
subparagraph; (B) does not include use of general or spinal
anesthetics, surgery of the body cavities, or specialized
surgery, such as plastic surgery, surgery involving the eyes, or
surgery involving tendons, ligaments, nerves, or blood vessels"
2:22:34 PM
CHAIR DAVIS asked if anyone wished to provide testimony on the
bill.
2:23:41 PM
JENNIFER STRICKLER, Division Chief, Division of Corporations,
Business and Professional Licensing, Department of Commerce,
Community and Economic Development, clarified that establishing
a regulatory board for 44 licensees was going to be very
expensive for those licensees. All licensing boards under
centralized licensing 08.01.065 were required to pay their full
costs through licensing fees; so this could increase their
licensing fees tremendously.
CHAIR DAVIS said that they [the naturopaths] were aware of that
and it was up to them to decide whether to have a board.
MS. STRICKLER said that she had received word from their
investigative unit suggesting that lines 8-9 in section 3 on
page 3 be removed. If the board were to review allegations,
complaints etc., and the complaint resulted in disciplinary
action, the board would not be able to act as the final decision
maker in the case because it could be argued that the board was
tainted. Current statute 08.01.087 provided the department with
authority to conduct investigations.
MS. STRICKLER continued to page 3, lines 18-19, which the
investigative unit also suggested be removed because the
provision was already covered in existing 08.45.060, "Grounds
for suspension, revocation, or refusal to issue a license," and
under 08.45.070, "Disciplinary sanctions".
MS. STRICKLER pointed out that the last sentence in Section 14,
page 7, lines 21-22, "the board shall specify the term of
office of each licensed naturopath and public member appointed
subject to this section" might not be necessary because the
terms of office were spelled out in the lines above that, under
the transitional provisions.
SENATOR ELTON said that on page 4, Section 5, the provision for
a temporary license read, "the board shall request the
department to issue a temporary license;" but the way he
interpreted it was that the board "shall" request but the
department need not offer a temporary license. He asked Ms.
Strickler if his interpretation was correct.
MS. STRICKLER answered yes, that was a possibility. She
continued that in licensing, because the board collected and put
together the application packets, the department would perform
the initial screening. If the department felt the applicant
could be licensed and there was no need for a temporary license,
they would request approval of the board immediately rather than
issue a temporary license.
SENATOR ELTON assumed a temporary license might be needed if the
board met infrequently perhaps.
MS. STRICKLER responded that was correct, however they also
asked boards to review credentials through the mail and tried
not to hold up licensure if possible.
2:29:51 PM
SENATOR THOMAS moved to adopt CS for SB 107, Version \L, as the
working document. There being no objection the motion carried.
SENATOR THOMAS noticed that the Alaska State Medical Association
still objected to portions of the bill; in their letter of March
19, 2008 they said that naturopaths were not recognized by
Medicare as providers eligible for payment. He questioned
whether that was actually the case.
MR. OBERMEYER replied that was true; but if they were granted
privileges through this bill, they would probably apply for
coverage for the additional procedures.
CHAIR DAVIS said there was a procedure they would have to follow
to be qualified to receive Medicare payments. She asked whether
someone from the department would like to comment on that; but
no one from Department of Health and Social Services (DHSS) was
available. She agreed with the deletions suggested by Ms.
Strickland and said she would like to pass the bill out of her
committee.
SENATOR DYSON asked whether a motion had been made to perform
the deletions suggested by Ms. Strickler.
CHAIR DAVIS said they had not done so, but Senator Dyson was
welcome to make that motion.
MS. STRICKLER restated her suggested changes: page 3, removal of
lines 8 and 9; also on page 3, removal of lines 18 and 19; and
page 7, removal of lines 21 and 22.
2:35:29 PM
SENATOR DYSON moved the following conceptual amendment.
On page 3, remove all the material in lines 8 and 9
and renumber appropriately; page 3, remove all the
material in lines 18 and 19; page 7, remove everything
on line 21 after "terms." And all of line 22.
CHAIR DAVIS asked for any discussion or objection to the motion
on the floor. There being no objection, the motion carried.
SENATOR DYSON asked what next committee of referral would be.
CHAIR DAVIS thought it would be Finance.
SENATOR DYSON asked if there was a companion bill in House.
CHAIR DAVIS said a bill mirroring this one was introduced on the
House side a couple of weeks prior.
2:37:15 PM
SENATOR THOMAS moved to report CSSB 107, Version \L, as amended
by the HES committee, from the committee with individual
recommendations and accompanying fiscal note. There being no
objection, CSSB 107(HES) moved from committee.
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