Legislature(2011 - 2012)BARNES 124
04/14/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB119 | |
| SB136 | |
| SB25 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 217 | TELECONFERENCED | |
| += | SB 25 | TELECONFERENCED | |
| += | SB 136 | TELECONFERENCED | |
| += | SB 119 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 119-ATHLETIC TRAINERS
3:23:47 PM
CHAIR OLSON announced that the first order of business would be
CS FOR SENATE BILL NO. 119(L&C), "An Act relating to athletic
trainers."
CHAIR OLSON removed his objection.
3:24:22 PM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State
Legislature, on behalf of the sponsor, stated that SB 119 has
three components, which would provide licensure for athletic
trainers, allow for student participation and interscholastic
activities, and address one component of a bill that previously
passed relating to traumatic brain injuries.
3:24:57 PM
REPRESENTATIVE JOHNSON moved to adopt Amendment 1 labeled 27-
LS0732\X.3, Kirsch, 4/13/12, which read:
Page 3, line 28, through page 4, line 12:
Delete all material and insert:
Sec. 14.30.365. Interscholastic activities;
eligibility. (a) A full-time student who is eligible
under (b) of this section who is enrolled in grades
nine through 12 in an alternative education program
that is located entirely in the state and that does
not offer interscholastic activities is eligible to
participate in any interscholastic activities program
available in a public school
(1) that, based on the residence of the
parent or legal guardian, the student would be
eligible to attend were the student not enrolled in an
alternative education program; or
(2) at which the student requests to
participate, if
(A) the student shows good cause; and
(B) the governing body of the school
approves.
(b) A student is eligible to participate in
interscholastic activities under this section if the
student
(1) is otherwise eligible to participate in
interscholastic activities under requirements
established by the school, the school district, and
the statewide interscholastic activities governing
body;
(2) provides documentation, including
academic transcripts, proof of full-time enrollment,
and applicable disciplinary records, and, if required
for participation in an activity by the school,
requested medical records, to the school providing the
interscholastic activities program; and
(3) claims the same school for
interscholastic activities eligibility purposes during
a school year."
Reletter the following subsection accordingly.
3:25:34 PM
CHAIR OLSON objected for purpose of discussion.
3:25:39 PM
MIKE COUMBE, Staff, Representative Lindsey Holmes, Alaska State
Legislature, stated that Amendment 1, would eliminate several
choices from interscholastic activities eligibility. Amendment
1 would allow a student who is attending an alternative school
to take part in interscholastic activities based on the
residence of the parent or legal guardian. He referred to page
1, lines 11-13 of Amendment 1, and added a student enrolled in
an alternative education program would also be eligible to
participate in interscholastic activities in a public school if
the student requests to participate and: (A) the student shows
good cause; and (B) the governing body of the school approves.
He related his understanding that the governing body of the
school would be in most cases the school district. There was
some question about whether this language should be adopted or
if it should indicate the Alaska Student Activities Association
(ASAA) instead. He related that basically this amendment is the
version before the committee, but the committee could decide
which language is more appropriate.
3:28:26 PM
GARY MATTHEWS, Executive Director, Alaska School Activities
Association (ASAA), stated that the ASAA supports Amendment 1,
as currently written, since school districts have better
information on a student's residence location to determine where
the student should participate rather than a statewide
organization that does not have the geographic information of
school districts throughout the state. He reiterated his
support for Amendment 1.
3:29:53 PM
REPRESENTATIVE JOHNSON asked whether the ASAA, in terms of the
governing body, would govern certain things such as eligibility.
MR. MATTHEWS answered that the ASAA does not determine the
location of where the students are eligible since the school
district makes those determinations; however, once eligibility
is decided the ASAA rules come into play.
3:30:33 PM
REPRESENTATIVE JOHNSON asked for clarification on who made the
decision on the young man, north of Anchorage, who was declared
ineligible to play. He asked whether that was based on an ASAA
ruling or a school district ruling.
MR. MATTHEWS answered that two rules were applied in that case
He explained that ASAA's rule prohibited the student from
participating since he was enrolled in another school district's
program - the IDEA program - which was a member of the ASAA.
Additionally, the Anchorage School District (ASD) had an
additional rule that prohibited the student from participating
since he was not enrolled in any of the district's programs,
including their brick and mortar schools or their alternative
programs.
3:31:33 PM
REPRESENTATIVE JOHNSON asked if this bill were retroactive,
whether the student would be allowed to play.
MR. MATTHEWS answered yes. He explained that the bill provision
that pertains to statewide correspondence programs would come
into effect.
3:31:53 PM
REPRESENTATIVE SADDLER referred to [page 1, line 12] paragraph
(2) (A), which read, "the student shows good cause...." He
asked whether this presumes the student would show good cause to
the school district or the ASAA.
MR. MATTHEWS assumed that this language refers to the school
district. He explained that the ASAA is not involved in which
school the student attends. He suggested that the Anchorage
School District (ASD) has boundaries, but will accept students
out of boundary if they are granted a zone exception. He
further explained that students can apply to a lottery to apply
to attend another school. He reiterated that students would
petition school districts for good cause. He stated that the
ASAA would not have any way to determine the legitimacy of a
request for which school the student is allowed to attend. Once
that has been determined, the ASAA would assess the eligibility
requirements, which would then come under its purview.
3:33:31 PM
REPRESENTATIVE SADDLER agreed it should be up to the school
district to determine. He characterized Amendment 1 as
providing a double test, which is to base the request on good
cause and approval by the governing body of the school. He said
he wants to avoid team shopping and also tries to avoid
situations in which students take advantage of the rules.
3:33:52 PM
CHAIR OLSON removed his objection. There being no further
objection, Amendment 1 was adopted.
3:34:22 PM
REPRESENTATIVE JOHNSON made a motion to adopt Amendment 2,
labeled 27-LS0732\X.4, Kirsch, 4/13/12, which read:
Page 1, line 2, following "activities;":
Insert "relating to the adoption of regulations
by the State Medical Board;"
Page 2, following line 27:
Insert a new section to read:
"Sec. 08.07.040. Scope of practice. (a) A
licensed athletic trainer may provide athletic
training using treatment modalities adopted in
regulations by the State Medical Board to an athlete
under the direction of a physician licensed under
AS 08.64.
(b) An athletic trainer shall immediately refer
an athlete to an appropriate health care professional
licensed in this state if the athletic trainer has
reasonable cause to believe that athletic training is
contraindicated or the symptoms or conditions present
require services outside the scope of an athletic
trainer's normal practice."
Page 2, line 28, through page 3, line 2:
Delete all material and insert:
"Sec. 08.07.050. Definitions. In this chapter,
(1) "athlete" means an individual who
participates in strenuous physical exercise, physical
conditioning, or a sport;
(2) "athletic trainer" means a person who
practices athletic training;
(3) "athletic training" means the practice
of physical conditioning and reconditioning of
athletes, and the prevention and treatment of injuries
incurred by athletes, under a plan of care designed
and overseen by a physician licensed under AS 08.64."
Page 3, following line 2:
Insert new bill sections to read:
"* Sec. 3. AS 08.64.100 is amended to read:
Sec. 08.64.100. Power of board to adopt
regulations. The board may adopt regulations necessary
to carry into effect the provisions of this chapter
and AS 08.07.
* Sec. 4. AS 08.64.101 is amended to read:
Sec. 08.64.101. Duties. The board shall
(1) examine and issue licenses to
applicants;
(2) develop written guidelines to ensure
that licensing requirements are not unreasonably
burdensome and the issuance of licenses is not
unreasonably withheld or delayed;
(3) after a hearing, impose disciplinary
sanctions on persons who violate this chapter or the
regulations or orders of the board;
(4) adopt regulations ensuring that renewal
of licenses is contingent upon proof of continued
competency on the part of the licensee and describing
appropriate treatment modalities for athletic
training; and
(5) under regulations adopted by the board,
contract with private professional organizations to
establish an impaired medical professionals program to
identify, confront, evaluate, and treat persons
licensed under this chapter who abuse alcohol, other
drugs, or other substances or are mentally ill or
cognitively impaired."
Renumber the following bill sections accordingly.
Page 5, line 5:
Delete "Section 4"
Insert "Section 6"
Page 5, line 6:
Delete "Section 5"
Insert "Section 7"
CHAIR OLSON objected for purpose of discussion.
3:34:40 PM
KONRAD JACKSON, Staff, Representative Kurt Olson, Alaska State
Legislature, on behalf of the House Labor & Commerce Committee,
Representative Olson, Chair, stated that Amendment 2 would more
clearly establish the scope of practice of a licensed athletic
trainer, including their duties. He related that the State
Medical Board will develop regulations for athletic trainers.
He referred to page 1, line 2 of Amendment 2, which inserts
"relating to the adoption of regulations by the State Medical
Board;" in the title of the bill. This would add to the duties
of the board to define regulations for the athletic trainings.
Additionally, Amendment 2 would add the services athletic
trainers will provide in the scope of their practice. Further,
Amendment 2 would also define athlete, and athletic trainer. He
reported that an "athletic trainer" means a person who practices
athletic training. He referred to page 2, line 5, to proposed
Section 3, which would add to the duties and powers of the State
Medical Board to adopt regulations to carry into effect the
provisions of the new chapter - AS 08.07. He referred to
proposed Section 4, which identifies the duties of the board, to
include adopting regulations that will describe appropriate
treatment modalities for athletic training. He explained that
Amendment 2 would address issues that arose over the definition
of athletic trainer and the scope of practice of athletic
trainers.
3:37:23 PM
REPRESENTATIVE SADDLER referred to page 1, lines 20-23 of
Amendment 2, to the definition of athletic training. He asked
whether the athletic training needs to be overseen by a
physician.
MR. JACKSON answered that it is intended that athletic trainers
and the practice of athletic training be done under the
supervision and direction of physician to assure that injured
athletes are cared for at a medical standard acceptable to State
Medical Board.
3:38:27 PM
REPRESENTATIVE SADDLER asked if that oversight would also
include the standard types of treatment for conditions such as a
sprained ankle. He related a scenario in which at the beginning
of the season that the team has no practice yet. He asked
whether a plan of care needs to be established should there be
injuries or is it assumed there is a standard protocol for a
physician's care.
MR. JACKSON answered that would probably be defined in
regulation. He offered his belief that the intention is to have
all the activities that an athletic trainer provides supervised
under the direction of a physician. He pointed out that doctors
will ensure the athletic trainers have the skills to ice an
ankle and wrap a knee.
REPRESENTATIVE JOHNSON offered his belief that most programs, in
particular, for scholastic sports require participants to
undergo physicals prior to participating in sports in order to
provide a baseline assessment and to authorize the individuals
to play.
3:39:59 PM
REPRESENTATIVE SADDLER related his understanding the individuals
would be under the doctor's care at that point.
REPRESENTATIVE JOHNSON agreed.
3:40:06 PM
CHAIR OLSON removed his objection. There being no further
objection, Amendment 2 was adopted.
3:40:41 PM
REPRESENTATIVE JOHNSON said he thinks this is a good start even
though the definition of athletic trainer may be the most lax in
the nation. He suggested that other states have more extensive
programs. He reiterated that it was a good start and the
legislature can review the provisions if problems develop. He
pointed out that there is the capability to deal with very
serious injuries. He was unsure if the bill goes far enough,
but he again suggested SB 119 is a good start.
3:41:22 PM
REPRESENTATIVE JOHNSON moved to report the proposed committee
substitute (CS) for SB 119, Version 27-LS0732\X, Kirsch,
4/10/12, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no further objection, the HCSCSSB 119(L&C) was reported from the
House Labor and Commerce Standing Committee.
The committee took a brief at-ease.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB25 Draft Proposed Amendment S.2.pdf |
HL&C 4/14/2012 3:15:00 PM |
SB 25 |
| SB25 Draft Proposed Amendment S.1.pdf |
HL&C 4/14/2012 3:15:00 PM |
SB 25 |
| SB25 Draft Proposed Amendment S.3.pdf |
HL&C 4/14/2012 3:15:00 PM |
SB 25 |
| SB119 Draft Proposed Amendment X.3.pdf |
HL&C 4/14/2012 3:15:00 PM |
SB 119 |
| SB119 Draft Proposed Amendment X.4.pdf |
HL&C 4/14/2012 3:15:00 PM |
SB 119 |
| SB119 Draft Proposed CS ver X.pdf |
HL&C 4/14/2012 3:15:00 PM |
SB 119 |
| SB25 Draft Proposed CS version L.PDF |
HL&C 4/14/2012 3:15:00 PM |
SB 25 |