04/12/2018 09:00 AM House FINANCE

SENATE BILL NO. 126                                                                                                           
                                                                                                                                
     "An Act  providing for an  exception to  the regulation                                                                    
     of  the  practice  of  medicine  for  a  physician  who                                                                    
     provides  medical services  to  an  athletic team  from                                                                    
     another state."                                                                                                            
                                                                                                                                
9:08:52 AM                                                                                                                    
                                                                                                                                
Co-Chair  Foster reported  that it  was the  first time  the                                                                    
bill was heard in committee.                                                                                                    
                                                                                                                                
JULI LUCKY,  STAFF, SENATOR ANNA MACKINNON,  shared that the                                                                    
bill had been brought to the  chair by a constituent who was                                                                    
an orthopedic surgeon and member  of the National Council of                                                                    
Orthopedic Surgery  and Spots  Medicine. She  explained that                                                                    
the  bill  was  part  of  a  nationwide  effort  to  provide                                                                    
certainty for  sports teams'  physicians that  were licensed                                                                    
in  another  state and  traveling  with  the team  in  other                                                                    
states. The bill would add  an exemption for state licensure                                                                    
for  the   physicians  traveling  with  sports   teams.  The                                                                    
physician would have to be  licensed to practice medicine in                                                                    
another state, under  a written contract to  provide care to                                                                    
an  athletic team  in that  state  and would  be limited  to                                                                    
providing services  to members of  the team while  they were                                                                    
traveling or  participating in a  sporting event  in Alaska.                                                                    
The sponsor  believed that the exemption  was very specific.                                                                    
She added that the first section  of the bill dealt with the                                                                    
exemption and the second section  was a conforming amendment                                                                    
that renumbered exemptions in existing statute.                                                                                 
                                                                                                                                
Representative  Wilson  asked  if the  physicians  would  be                                                                    
required to fill out any  paperwork. Ms. Lucky answered that                                                                    
the individuals  would not have  to fill out  any additional                                                                    
paperwork. She  clarified that  the bill  did not  allow any                                                                    
hospital privileges. She relayed that the bill addressed                                                                        
common concerns  like an athlete  who was without  an asthma                                                                    
inhaler  and the  student otherwise  would have  to go  to a                                                                    
clinic, which would be time consuming.                                                                                          
                                                                                                                                
9:12:31 AM                                                                                                                    
                                                                                                                                
Representative Thompson  asked how other states  handled the                                                                    
issue. Ms.  Lucky answered that the  effort included getting                                                                    
the measure  passed in all  50 states. She reported  that 48                                                                    
states had either introduced or passed the legislation.                                                                         
                                                                                                                                
Representative Ortiz  asked for  the reason  the constituent                                                                    
had brought  the issue  forward. Ms.  Lucky deferred  to the                                                                    
constituent to answer the question.                                                                                             
                                                                                                                                
DR.   JEFF  MOORE,   ORTHOPEDIC   SURGEON,  ANCHORAGE   (via                                                                    
teleconference), replied  that he was the  national delegate                                                                    
for the American Orthopedic Society  for Sports Medicine and                                                                    
the  bill  was  a  national  program  for  the  society.  He                                                                    
concurred that  the bill was  currently passed in  35 states                                                                    
and was pending  in 14 states and only  allowed authority to                                                                    
treat "simple" health issues.                                                                                                   
                                                                                                                                
Representative  Ortiz deduced  that  the  legislation was  a                                                                    
national  effort  to  standardize the  rights  for  visiting                                                                    
physicians. Mr. Moore answered in the affirmative.                                                                              
                                                                                                                                
9:15:23 AM                                                                                                                    
                                                                                                                                
Representative  Guttenberg thought  the  bill seemed  simple                                                                    
and  positive   but  wondered  about  the   "mechanics".  He                                                                    
provided a scenario of a  team member that lost their asthma                                                                    
inhaler and  the team doctor  wrote a prescription,  but the                                                                    
pharmacist  recognized that  the physician  was from  out of                                                                    
state.  He asked  how the  situation would  work. Mr.  Moore                                                                    
replied that without the bill,  typically the traveling team                                                                    
doctor could  not prescribe out  of state and would  need to                                                                    
call  a local  physician to  get a  prescription filled.  He                                                                    
reiterated that  the bill precluded  surgery. Representative                                                                    
Guttenberg asked  how the Alaskan pharmacist  would know the                                                                    
traveling physician  had the  authority. Mr.  Moore answered                                                                    
that  the  pharmacist would  need  a  national "DEA"  number                                                                    
[Drug Enforcement Administration Registration Number].                                                                          
                                                                                                                                
Representative Kawasaki asked if  a physician would have the                                                                    
ability to write  an order for an X-Ray.  Mr. Moore answered                                                                    
that the physicians would not  have any inpatient privileges                                                                    
and would not be able to order an x-ray.                                                                                        
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
Vice-Chair  Gara reviewed  the  previously published  fiscal                                                                    
impact note  from the Department of  Commerce, Community and                                                                    
Economic Development  (DCCED) FN1  (CED). He noted  the one-                                                                    
time $2,500 for regulatory costs.                                                                                               
                                                                                                                                
9:20:52 AM                                                                                                                    
                                                                                                                                
Representative Guttenberg remarked that  the committee saw a                                                                    
variety of  trivial fiscal notes.  He asked what  the $2,500                                                                    
represented. Ms. Lucky deferred to DCCED.                                                                                       
                                                                                                                                
DEBORA  STOVERN,  EXECUTIVE   ADMINISTRATOR,  STATE  MEDICAL                                                                    
BOARD,  DIVISION OF  CORPORATE,  BUSINESS, AND  PROFESSIONAL                                                                    
LICENSING,  DEPARTMENT OF  COMMERCE, COMMUNITY  AND ECONOMIC                                                                    
DEVELOPMENT  (via teleconference),  replied that  the fiscal                                                                    
note   represented  the   cost  for   the  board   to  adopt                                                                    
regulations to implement  the statute change. Representative                                                                    
Guttenberg  voiced  that  the answer  did  not  address  his                                                                    
question.                                                                                                                       
                                                                                                                                
JANEY  MCCULLOUGH,   DIRECTOR,  DIVISION   OF  CORPORATIONS,                                                                    
BUSINESS   AND   PROFESSIONAL   LICENSING,   DEPARTMENT   OF                                                                    
COMMERCE, COMMUNITY AND  ECONOMIC DEVELOPMENT, answered that                                                                    
the division  estimated the costs to  adopt regulations from                                                                    
other similar previous regulation  projects. The fiscal note                                                                    
authorized the division to spend  the money on behalf of the                                                                    
licensees.  Representative  Guttenberg   asked  for  further                                                                    
clarification.  Ms.   McCullough  replied   that  regulation                                                                    
project  costs   did  vary  depending   on  the   number  of                                                                    
interested  parties  that   needed  mail  notification.  She                                                                    
stated that 731  people would be affected  by the regulation                                                                    
change. She pointed out that one newspaper ad was $772.                                                                         
                                                                                                                                
Ms. Lucky pointed out that  the funds were receipt supported                                                                    
services  and General  Fund (GF)  was not  used in  updating                                                                    
regulations.                                                                                                                    
                                                                                                                                
Co-Chair  Seaton MOVED  to REPORT  SB 126  out of  committee                                                                    
with individual recommendations  and the accompanying fiscal                                                                    
note. There being NO OBJECTION, it was so ordered.                                                                              
                                                                                                                                
SB  126 was  REPORTED  out  of committee  with  a "do  pass"                                                                    
recommendation  and  with  one previously  published  fiscal                                                                    
impact note: FN1 (CED).                                                                                                         
                                                                                                                                
9:25:50 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:26:15 AM                                                                                                                    
RECONVENED