Legislature(2023 - 2024)BUTROVICH 205

02/06/2024 03:30 PM Senate HEALTH & SOCIAL SERVICES

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03:33:29 PM Start
03:33:55 PM SB115
03:55:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 115 PHYSICIAN ASSISTANT SCOPE OF PRACTICE TELECONFERENCED
Heard & Held
          SB 115-PHYSICIAN ASSISTANT SCOPE OF PRACTICE                                                                      
                                                                                                                                
3:33:55 PM                                                                                                                    
CHAIR WILSON announced  the consideration of SENATE  BILL NO. 115                                                               
"An   Act  relating   to   physician   assistants;  relating   to                                                               
physicians; and relating to health care insurance policies."                                                                    
                                                                                                                                
3:34:06 PM                                                                                                                    
CHAIR  WILSON stated  the committee  would  consider a  committee                                                               
substitute.                                                                                                                     
                                                                                                                                
3:34:16 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:34:23 PM                                                                                                                    
CHAIR WILSON reconvened the meeting.                                                                                            
                                                                                                                                
CHAIR WILSON moved to adopt  the committee substitute (CS) for SB
115, work order 33-LS0542\S, as the working document.                                                                           
                                                                                                                                
3:34:35 PM                                                                                                                    
SENATOR GIESSEL objected for purposes of discussion.                                                                            
                                                                                                                                
3:34:49 PM                                                                                                                    
JULIA   FONOV,  Staff,   Senator  David   Wilson,  Alaska   State                                                               
Legislature, Juneau,  Alaska, provided  a summary of  changes for                                                               
SB 115, version B to S, as follows:                                                                                             
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     The  Work  Draft  for  CS for  Senate  Bill  115  (HSS)                                                                    
     contains  additions  that  the  Board  of  Marital  and                                                                    
     Family Therapy  approved and  recommended to  update AS                                                                    
     8.63, Board  of Marital  and Family  Therapy, regarding                                                                    
     Marital and Family Therapy licenses to practice.                                                                           
                                                                                                                                
     These  changes  were  reviewed  by  the  Department  of                                                                    
     Commerce, Community, and  Economic Development and they                                                                    
     have  expressed   their  support  for   this  committee                                                                    
     substitute.                                                                                                                
                                                                                                                                
     Page 1,  Line 1, following        inserts: "relating to                                                                    
     marital and family therapists;"                                                                                            
                                                                                                                                
     And  then  this  committee  substitute  inserts  5  new                                                                    
     sections  and inserts  changes  to physician  assistant                                                                    
     definitions.                                                                                                               
                                                                                                                                
     Page 1, following line 3, inserts Section 1:                                                                               
   • Removes courses  so that  required instruction  is just                                                                    
     defined  by the  number of  semesters or  quarter hours                                                                    
     needed.                                                                                                                    
   • Removes  the   word  "one  year"  so   that  supervised                                                                    
     clinical  practice  requirements  are defined  by  nine                                                                    
     semester or 12 quarter hours.                                                                                              
   • Allows  supervision   to  be   in  Alaska   or  another                                                                    
     jurisdiction.                                                                                                              
   • Creates  a  new  subsection  that   the  100  hours  of                                                                    
     individual supervision must be approved by the board.                                                                      
   • Creates a  new subsection that  the 100 hours  of group                                                                    
     supervision can  be either individual or  a combination                                                                    
     of group supervision hours.                                                                                                
                                                                                                                                
     Page 2, line 30, inserts Section 2:                                                                                        
   • Removes the  word courses and replaces  it with  course                                                                    
     work                                                                                                                       
                                                                                                                                
     Page 3, line 7, inserts Section 3:                                                                                         
   • Amends the expiration  for supervised practice licenses                                                                    
     so  they   may  be  extended  because   of  extenuating                                                                    
     circumstances at the discretion of the board.                                                                              
                                                                                                                                
     Page 3, line 11, inserts Section 4:                                                                                        
   • Amends the  definition of  "supervision" to  remove the                                                                    
     requirement  for it  to be  "face-to-face" and  instead                                                                    
     require  it to  be "synchronous";  and to  update audio                                                                    
     and video tapes to be audio and video recordings.                                                                          
                                                                                                                                
     Page 3, line 16:                                                                                                           
   • Renames  "Section 1"  to "Section  5" and  it renumbers                                                                    
     the following bill sections accordingly.                                                                                   
                                                                                                                                
     Page 3, line 17:                                                                                                           
   • The  word "Regulation"  is  removed  and replaced  with                                                                    
     "Licensure  and   scope  of  practice"   for  physician                                                                    
     assistants.                                                                                                                
                                                                                                                                
   • Page 3, line 23, inserts the word "in this section                                                                         
                                                                                                                                
   • Page 3, line 24 removes  the word "the" and replaces it                                                                    
     with "a"                                                                                                                   
                                                                                                                                
     Page 4, line 23:                                                                                                           
   • Replaces  2,000 hours  with 4,000  hours for  physician                                                                    
     assistants who may only  practice under a collaborative                                                                    
     agreement.                                                                                                                 
                                                                                                                                
     Page 5, line 22:                                                                                                           
   • Remove   "Under    the   supervision,    control,   and                                                                    
     responsibility  of either  a  physician licensed  under                                                                    
     this  chapter or  a physician  exempted from  licensing                                                                    
     under AS 08.64.370" and replace  it with "as authorized                                                                    
     in AS 08.64.107                                                                                                            
                                                                                                                                
     Page 6, line 2:                                                                                                            
   • Insert  "physician assistant"  into  the definition  of                                                                    
      practitioner                                                                                                              
                                                                                                                                
     Page 6, line 25:                                                                                                           
   • Regarding  what  a  health  insurance  policy  may  not                                                                    
     contain,   this  inserts   "(4)  imposes   a  practice,                                                                    
     education,  or collaboration  requirement on  physician                                                                    
     assistants   that   is   inconsistent  with   or   more                                                                    
     restrictive  than  the  requirements imposed  under  AS                                                                    
     08.64.107 or a regulation  adopted by the State Medical                                                                    
     Board"                                                                                                                     
                                                                                                                                
     Page 7, line 18 inserts Section 12                                                                                         
   • Removes advanced practice registered nurses from those                                                                     
     eligible to provide group  supervision, which the board                                                                    
     states  is  due to  the  limited  amount of  psychology                                                                    
     education in their program                                                                                                 
   • Eliminates temporary licenses for marital and family                                                                       
     therapists.  The board  states temporary  licenses were                                                                    
     created  to fill  a gap  in those  individuals who  had                                                                    
     completed  the   supervision  and  practice   hours  of                                                                    
     licensure but  were waiting for a  licensing exam date.                                                                    
     Now there are multiple  licensing exam dates throughout                                                                    
     the year  and Marriage and Family  Therapist Associates                                                                    
     can  take  the licensing  exam  at  any time  they  are                                                                    
     accruing hours, making the  need for temporary licenses                                                                    
     outdated.                                                                                                                  
   • Eliminates the definition of "courses" so requirements                                                                     
     are defined by the number  of semester or quarter hours                                                                    
     needed. The  current statute  appears that  meeting the                                                                    
     number of  courses is sufficient,  even if  semester or                                                                    
     quarter  hours are  not. Leaving  this term  in statute                                                                    
     may  confuse applicants  who may  want  to use  courses                                                                    
     that  are under  3 credits,  but have  enough of  those                                                                    
     courses to meet the requirements under each category.                                                                      
                                                                                                                                
3:41:01 PM                                                                                                                    
MACKENZIE  POPE,   Staff,  Senator   Löki  Tobin,   Alaska  State                                                               
Legislature, Juneau,  Alaska, provided  a statement on  behalf of                                                               
Senator Tobin, sponsor  of SB 115. She stated  Senator Tobin does                                                               
not agree with  the repeal of AS  08.63.120(b)(2)(D) that relates                                                               
to  nurse  practitioners  and therefore  would  not  support  the                                                               
committee  substitute. She  asked why  the Board  of Marital  and                                                               
Family Therapy sought its repeal.                                                                                               
                                                                                                                                
3:42:22 PM                                                                                                                    
NOAH SHIELDS, Chair, Board of  Marital and Family Therapy, Kenai,                                                               
Alaska, replied that advanced  nurse practitioners (ANPs), though                                                               
highly  qualified  in  their  profession,  lack  the  educational                                                               
course work to oversee marriage  and family therapists (MFTs)when                                                               
compared   to  other   professions  that   meet  or   exceed  the                                                               
requirements. He provided examples  of standards of practice that                                                               
are different between  the two professions. He  stated the repeal                                                               
does not  keep Marital and  Family therapists from  working under                                                               
or with  ANPs. It ensures  Martial and Family  Therapy associates                                                               
are   working   towards   licensure   and   receive   appropriate                                                               
supervision   to  uphold   clinical   practice  standards   while                                                               
integrating with other professions.                                                                                             
                                                                                                                                
3:44:21 PM                                                                                                                    
SENATOR DUNBAR said SB 115  would essentially become another bill                                                               
through the changes  in the committee substitute.  He stated that                                                               
although  a   summary  of  changes  was   provided,  a  practical                                                               
presentation regarding  what the  changes accomplish  hasn't been                                                               
offered. He  asked for a  description of  what the bill  does and                                                               
what it means to the medical providers that it involves.                                                                        
                                                                                                                                
3:45:20 PM                                                                                                                    
MR.  SHIELDS  replied that  a  lot  of  the provisions  that  are                                                               
recommended  update  language,  for example  replacing  "face-to-                                                               
face" with "synchronous." Other  changes would make understanding                                                               
requirements  easier,   for  example   "courses"  can   be  worth                                                               
different  credit  hours.   He  opined  that clarifying  language                                                               
would reduce  the amount of time  the board and staff  must spend                                                               
helping people understand the requirements.                                                                                     
                                                                                                                                
3:46:50 PM                                                                                                                    
SENATOR  DUNBAR  said  the  changes   to  improve  and  modernize                                                               
language  seem relatively  uncontroversial  and perhaps  popular,                                                               
except  for the  provision that  restricts the  work of  ANPs. He                                                               
asked whether  the Board  of Marital  and Family  Therapist would                                                               
support the  committee substitute if  Section 12 were  removed to                                                               
avoid controversy.                                                                                                              
                                                                                                                                
3:47:40 PM                                                                                                                    
MR.  SHIELDS replied  absolutely.  Any of  the  changes would  be                                                               
positive for those  licensed under AS 08. He  reiterated that ANP                                                               
are not  being limited, rather  it is about where  MFT associates                                                               
will  obtain their  group supervision  hours. He  noted that  the                                                               
required 200  hours can be  acquired through group  or individual                                                               
supervision. It is imperative that  supervisors have the training                                                               
necessary to ensure that the  professionals under the chapter are                                                               
practicing ethically and  at MTF standards that  may be different                                                               
from other professions.                                                                                                         
                                                                                                                                
3:49:18 PM                                                                                                                    
CHAIR  WILSON  stated  the  Department  of  Commerce  provided  a                                                               
comparison  of requirements  by  licensure types.  He stated  ANP                                                               
requirements  aligned  more with  the  requirements  of a  social                                                               
worker than a Licensed Professional Counselor (LPC).                                                                            
                                                                                                                                
3:50:50 PM                                                                                                                    
SENATOR GIESSEL questioned  why the changes were  inserted into a                                                               
clean bill instead of creating a separate bill.                                                                                 
                                                                                                                                
3:51:02 PM                                                                                                                    
MR.  SHIELDS stated  it  was  his first  time  going through  the                                                               
process. After reaching out to  legislators, who connected him to                                                               
Senator Wilson's office, where they  informed him that a solution                                                               
was to include the changes in SB 115.                                                                                           
                                                                                                                                
3:51:45 PM                                                                                                                    
CHAIR WILSON  stated the changes  were made in  consultation with                                                               
the  sponsor of  SB 115.  He stated  his office  worked with  the                                                               
Department of Commerce  to make sure the changes  were benign and                                                               
aligned with other licensure types.                                                                                             
                                                                                                                                
3:52:29 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:54:33 PM                                                                                                                    
CHAIR  WILSON reconvened  the  meeting and  asked  if there  were                                                               
further questions.                                                                                                              
                                                                                                                                
3:54:50 PM                                                                                                                    
CHAIR WILSON withdrew  his motion to adopt CSSB  115. There being                                                               
no objection,  the motion  was withdrawn. SB  115 was  before the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR WILSON said  that further discussion with  the bill sponsor                                                               
is needed prior to making changes to the bill.                                                                                  
                                                                                                                                
3:55:09 PM                                                                                                                    
CHAIR WILSON [held SB 115 in committee.]                                                                                        

Document Name Date/Time Subjects
SB 115- Hall - Opposition.pdf SHSS 2/6/2024 3:30:00 PM
SB 115
SB 115 - Hug - LOS.pdf SHSS 2/6/2024 3:30:00 PM
SB 115
MFT Proposed Changes Compared to CSW and PCO Statutes (1.31.24).xlsb SHSS 2/6/2024 3:30:00 PM
SB 115MFT Proposed Changes Compared to CSW and PCO Statutes (1.31.24)
MFT Proposed Changes Compared to CSW and PCO Statutes (1.31.24) - one page.pdf SHSS 2/6/2024 3:30:00 PM
SB 115 MFT Proposed Changes Compared to CSW and PCO Statutes (1.31.25) (one page)
SB 115 Draft CS Work Order No. 33-LS0542 v S.pdf SHSS 2/6/2024 3:30:00 PM
SB 115
SB 115 Grabman Opposition_Redacted.pdf SHSS 2/6/2024 3:30:00 PM
SB 115
SB 115 Amer Society of Plastic Surgeons - Opposition 2.6.24.pdf SHSS 2/6/2024 3:30:00 PM
SB 115