Legislature(2007 - 2008)BELTZ 211
04/01/2008 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB118 | |
| SB77 | |
| HB357 | |
| HB413 | |
| HB379 | |
| SB295 | |
| HB295 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 295 | TELECONFERENCED | |
| + | HB 295 | TELECONFERENCED | |
| + | HB 379 | TELECONFERENCED | |
| = | SB 118 | ||
| = | HB 357 | ||
| = | HB 413 | ||
| = | SB 77 | ||
SB 295-CLINICAL LABORATORY SCIENCE PROFESSIONALS
2:37:21 PM
CHAIR ELLIS announced SB 295 to be up for consideration.
DON BURRELL, staff to Senator Davis, sponsor of SB 295, read the
sponsor statement. He explained that this measure establishes a
voluntary advisory board of clinical laboratory science
professionals to assist the Department of Commerce, Community &
Economic Development in identifying acceptable credentialing
agencies and determine which laboratory tests would be included
in the waived category.
MR. BURRELL said the advisory board would review the FDA's list
of waive tests and make recommendations to the department
concerning which tests should be in the waive category. He
explained:
Clinical laboratory science professionals and
radiologic technologists are two of the health care
professionals not licensed by the state. According to
the Institute of Medicine 70 percent of all medical
decisions are based on diagnostic testing. If the
individuals collecting the samples and performing the
diagnostic testing are not qualified, the information
used by the physician to diagnose or treat their
patients may be incorrect. Clinical laboratory science
professionals and radiologic technologists perform the
majority of the diagnostic testing. Certification of
the clinical laboratory professionals ensures that
qualified professionals are performing diagnostic
testing. By licensing clinical laboratory science
professionals and requiring certification and
participation in certification maintenance programs
for licensure and renewal, we can ensure the qualified
professionals are performing the diagnostic testing
while controlling the licensing costs.
SENATOR STEVENS asked how many of these folks are in the state.
MR. BURRELL answered approximately 400.
SENATOR BUNDE asked if this focuses on people who administer the
test, not those who diagnose possible illness from the results
of the test.
MR. BURRELL answered yes.
2:40:45 PM
JENNIFER STRICKLER, Licensing Chief, Division of Corporations,
Businesses and Professional Licensing, Department of Commerce,
Community & Economic Development, didn't support SB 295 as
written. Although it is up to the legislature to decide whether
this new industry should be licensed or not, she had serious
concerns. First it creates a new Chapter 30 under Title 8
Professions and Occupations, but it doesn't include Section
08.30 under Section 08.01, which is the Centralized Licensing
Act. This Act contains the statutes that give her department the
administrative duties and powers to do things like issue and
sanction licenses, establish fees, adopt regulations, conduct
investigations and hold hearings.
Second, SB 295 establishes a five-member volunteer advisory
board of clinical laboratory science professionals appointed by
the governor and therefore would be subject to confirmation by
the legislature under AS 39.05, but it doesn't provide the board
per diem and transportation expenses as directed in Section
(1)(d) on page 2, lines 6-8. This might not be legal.
MS. STRICKLER said the volunteer advisory board is not the
subject of a sunset review process under AS 08.03 and therefore,
while the process to establish the board is established like any
other regulatory board, she didn't know if this board was
intended to exist continuously without legislative oversight.
2:43:10 PM
MS. STRICKLER said under the duties of the board in Section
08.30.030 on page 2, lines 14-16, the board's responsibilities
are limited to only two items. Number one would be to identify
credentialing agencies or organizations and, from her
information, there are three known organizations affiliated with
this group. Her second concern was to identify what laboratory
tests should be defined as waive tests for this industry, she
would need a board to assist with that because she has no idea.
Her fifth item concerned Section 08.30.080, on page 4, that
specified the duration of a license was for three years or until
it is relinquished. However, she said, all other licenses within
the division are issued for two years on a biennium cycle. If
this bill were to be subject to the Centralized Licensing Act,
it would go to a two-year duration. If it's not subject to the
Act and stays on a three-year cycle, it would be the only
program with a three-year license. She also felt the word
"relinquished" should be changed to "lapsed" just for
standardization of licensing terms. Most people let their
licensing lapse and choose not to renew.
2:44:44 PM
Last, she mentioned that Section 08.30.090, Article 3, on page
4, line 27, provides the grounds for denial or disciplinary
sanctions, but it doesn't give the department the authority to
investigate or to provide due process under the Administrative
Procedures Act of AS 44.62, which would normally be provided if
the chapter was subject to Section 08.01.
MR. BURRELL added that SB 295 has two fiscal notes, one from the
Department Of Administration and one from the Department of
Commerce, Community & Economic Development and they indicated
one part time staff would be needed to oversee the 400 members
of this particular profession.
2:49:11 PM
SENATOR BUNDE said based on the administration's testimony, this
bill isn't ready for prime time yet.
SENATOR STEVENS asked Mr. Burrell if per diem was provided.
MR. BURRELL answered no.
CHAIR ELLIS said SB 295 would be held for further work.
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