Legislature(2021 - 2022)ADAMS 519

04/12/2021 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 99 PHYSICAL/OCCUPATIONAL THERAPY BD/PRACTICE TELECONFERENCED
Moved HB 99 Out of Committee
-- Public Testimony --
+= HB 117 EXTEND BOARD OF DIRECT-ENTRY MIDWIVES TELECONFERENCED
Moved HB 117 Out of Committee
-- Public Testimony --
+ HB 109 EXTEND BAR ASS'N BOARD OF GOVERNORS TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 99                                                                                                             
                                                                                                                                
     "An  Act relating  to the  State  Physical Therapy  and                                                                    
     Occupational  Therapy Board;  relating to  the practice                                                                    
     of physical  therapy; and relating  to the  practice of                                                                    
     occupational therapy."                                                                                                     
                                                                                                                                
9:03:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MATT CLAMAN,  SPONSOR, introduced himself and                                                                    
shared that he  was carrying the bill at the  request of the                                                                    
Alaska  physical and  occupational therapy  associations. He                                                                    
read from prepared remarks:                                                                                                     
                                                                                                                                
     House  Bill  99  amends   the  governing  statutes  for                                                                    
     physical   therapists,  physical   therapy  assistants,                                                                    
     occupational   therapists,  and   occupational  therapy                                                                    
     assistants practicing  in Alaska. The changes  it makes                                                                    
     are  designed to  bring Alaska  statutes  in line  with                                                                    
     national  standards and  terminology  and overall  make                                                                    
     the  administrative experience  of these  professionals                                                                    
     more efficient and  up to date. This  bill is supported                                                                    
     by the state Physical  Therapy and Occupational Therapy                                                                    
     Board,  which  believes House  Bill  99  will help  the                                                                    
     board  in its  work  to protect  the  public. A  letter                                                                    
     stating their support is in your packet.                                                                                   
                                                                                                                                
     Currently,   physical   therapists,  physical   therapy                                                                    
     assistants,  occupational therapists,  and occupational                                                                    
     therapy  assistants   are  represented  by   the  state                                                                    
     Physical Therapy  and Occupational Therapy  Board. This                                                                    
     board  is  made up  of  one  physician, three  physical                                                                    
     therapists,  two   occupational  therapists,   and  one                                                                    
     member of  the public.  The first  change made  by this                                                                    
     bill is  to remove  the physician  from this  board and                                                                    
     replace  them  with   another  occupational  therapist.                                                                    
     Thereby   balancing    the   representation    of   the                                                                    
     professionals  on the  board. There's  good reason  for                                                                    
     this.  When the  statute  was  originally written,  the                                                                    
     work of  physical and occupational  therapists required                                                                    
     referral by a physician. This  has not been the case in                                                                    
     Alaska for more than 30 years.                                                                                             
                                                                                                                                
     House Bill  99 also enables  the board to  discipline a                                                                    
     therapist who  commits infractions under  AS 08.84.120,                                                                    
     such as  conviction of a  felony, gross  negligence, or                                                                    
     abuse of alcohol. Currently, the  board has the ability                                                                    
     to revoke  or deny a  license based on  infractions but                                                                    
     has no ability to  discipline. This bill also clarifies                                                                    
     the language and the  requirements for those therapists                                                                    
     who  receive  their  training  outside  of  the  United                                                                    
     States, ensuring  that their training is  equivalent to                                                                    
     a U.S.  professional physical therapy  training program                                                                    
     and  also exempting  therapists trained  in an  English                                                                    
     language  program   for  having  to  take   an  English                                                                    
     proficiency test.                                                                                                          
                                                                                                                                
     Furthermore,  this  bill  updates  language  in  Alaska                                                                    
     statutes that references an  accrediting entity that no                                                                    
     longer  exists and  makes  the  language more  general,                                                                    
     allowing the  state board to designate  the appropriate                                                                    
     accrediting entity as needed.                                                                                              
                                                                                                                                
9:06:20 AM                                                                                                                    
                                                                                                                                
Representative Claman continued reading from a prepared                                                                         
statement:                                                                                                                      
                                                                                                                                
     Several  other  updates  to  terminology  are  made  to                                                                    
     update the language. House Bill  99 does not constitute                                                                    
     a  restructuring  of  the   relevant  statute,  but  it                                                                    
     contains a  number of long  awaited changes. This  is a                                                                    
     way to make it easier  for professionals to do business                                                                    
     in Alaska.                                                                                                                 
                                                                                                                                
                                                                                                                                
JOEY  BOSWORTH, STAFF,  REPRESENTATIVE  MATT CLAMAN,  stated                                                                    
his understanding that  the committee did not  need a review                                                                    
of the sectional analysis.                                                                                                      
                                                                                                                                
Co-Chair Merrick concurred. She OPENED public testimony.                                                                        
                                                                                                                                
ALEC  KAY,   PRESIDENT,  ALASKA  CHAPTER  OF   THE  AMERICAN                                                                    
PHYSICAL    THERAPY   ASSOCIATION    (via   teleconference),                                                                    
testified in  support of the legislation.  He discussed that                                                                    
the   bill   was   primarily  language   modernization   and                                                                    
improvement for  the practice. Additionally, the  bill would                                                                    
provide more  clarity for  the public.  He pointed  out that                                                                    
the bill was supported by  several licensees who had written                                                                    
letters,  the   state  licensing   board,  and   the  member                                                                    
association of  chiropractors in  Alaska. He hoped  the bill                                                                    
would move  forward to improve the  practice and protections                                                                    
of the public. He thanked the committee.                                                                                        
                                                                                                                                
Co-Chair Merrick CLOSED public testimony.                                                                                       
                                                                                                                                
9:08:44 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:09:35 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Merrick  asked  the Legislative  Finance  Division                                                                    
(LFD) to speak to the fiscal note.                                                                                              
                                                                                                                                
SABRINA   JAVIER,   FISCAL  ANALYST,   LEGISLATIVE   FINANCE                                                                    
DIVISION  (via teleconference),  reported  that  LFD had  no                                                                    
technical  issues with  the fiscal  note. She  was available                                                                    
for questions.                                                                                                                  
                                                                                                                                
Co-Chair  Merrick shared  that the  committee had  been told                                                                    
the board  had sufficient funds  to cover the  $2,300 fiscal                                                                    
note. She  asked if LFD  believed the committee  could zero-                                                                    
out the note.                                                                                                                   
                                                                                                                                
Ms.  Javier  answered  that  based   on  the  FY  20  annual                                                                    
professional licensing  report, the  board had a  surplus of                                                                    
over $280,000; therefore, LFD  believed the department could                                                                    
potentially absorb the one-time cost of $2,300.                                                                                 
                                                                                                                                
Representative Josephson  agreed the board could  afford it,                                                                    
but  he had  never  seen  a fee  borne  by  the Division  of                                                                    
Corporations,  Business  and Professional  Licensing  (CBPL)                                                                    
absorbed by the board itself.                                                                                                   
                                                                                                                                
Ms.  Javier answered  that  it was  merely  a suggestion  to                                                                    
committee members  to take into consideration.  She deferred                                                                    
to  the  Department  of  Commerce,  Community  and  Economic                                                                    
Development (DCCED)  about absorbing  costs in  prior fiscal                                                                    
notes.                                                                                                                          
                                                                                                                                
9:12:06 AM                                                                                                                    
                                                                                                                                
SHARON  WALSH, DEPUTY  DIRECTOR,  DIVISION OF  CORPORATIONS,                                                                    
BUSINESS    AND   PROFESSIONAL    LICENSING   (CBPL)    (via                                                                    
teleconference),   believed  Representative   Josephson  was                                                                    
asking whether  costs associated  with the program  could be                                                                    
absorbed and  whether the  fee was  for regulation  or legal                                                                    
costs.                                                                                                                          
                                                                                                                                
Representative  Josephson  clarified  his  support  for  the                                                                    
bill. He  had no problem  with the fiscal note.  However, he                                                                    
remarked that  he had  never seen a  board charged  with the                                                                    
cost of a fiscal note.                                                                                                          
                                                                                                                                
Ms.  Walsh answered  that the  practice was  pretty standard                                                                    
based on her understanding of fiscal notes.                                                                                     
                                                                                                                                
Co-Chair Foster MOVED to REPORT  HB 99 out of committee with                                                                    
individual  recommendations  and   the  accompanying  fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
HB  99  was REPORTED  out  of  committee  with a  "do  pass"                                                                    
recommendation  and  with  one previously  published  fiscal                                                                    
impact note: FN1 (CED).                                                                                                         
                                                                                                                                
9:13:47 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:18:37 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Merrick  noted  that  Representative  Johnson  had                                                                    
joined the meeting.                                                                                                             
                                                                                                                                

Document Name Date/Time Subjects
HFIN HB117 Follow-Up Information from CBPL (4.12.21).pdf HFIN 4/12/2021 9:00:00 AM
HB 117
HB 117 Follow-up Midwoves Assoc 041021.pdf HFIN 4/12/2021 9:00:00 AM
HB 117