Legislature(2003 - 2004)

04/13/2004 03:15 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
     HB 434-NATUROPATHIC MEDICINE                                                                                             
                                                                                                                                
     Number 1900                                                                                                                
                                                                                                                                
     CHAIR WILSON announced  that the next order of  business would be                                                          
     HOUSE  BILL  NO.  434,  "An  Act  relating  to  the  practice  of                                                          
  naturopathic medicine; and providing for an effective date."                                                                  
                                                                                                                                
     The committee took an at-ease from 5:55 p.m. to 6:01 p.m.                                                                  
                                                                                                                                
     Number 1805                                                                                                                
                                                                                                                                
     REPRESENTATIVE JIM HOLM, Alaska  State Legislature, as sponsor of                                                          
     HB  434,  presented the  bill  and  answered questions  from  the                                                          
     members.   He told the members  that he offered HB  434 to ensure                                                          
     professional safe naturopathic health care  for all Alaskans.  It                                                          
     will  bring  an  outdated  17-year-old  Alaskan  statute  on  the                                                          
     practice of  naturopathic medicine  up to date  and in  line with                                                          
     about 14  other states  that already have  these provisions.   It                                                          
     provides  quality  health  care to  Alaskans  through  continuing                                                          
     education, requirements,  and improved  services in  the practice                                                          
     of  naturopathic  medicine.    It   addresses  the  shortages  of                                                          
     physicians  in  Alaska  while   providing  alternative  care  and                                                          
     reducing  health care  costs  to  Alaskans.   The  bill places  a                                                          
     continuing  education  requirement  in statute  for  naturopathic                                                          
     physicians of Alaska.  It  specifies that naturopathic physicians                                                          
     may perform  minor surgery based upon  their education, training,                                                          
     and licensure, he said.                                                                                                    
                                                                                                                                
     Number 1520                                                                                                                
                                                                                                                                
     DANIEL YOUNG,  ND, LAC, AKANP  Legislative Task  Force, testified                                                          
     in support  of HB 434,  and answered questions from  the members.                                                          
     He provided the following testimony  to the committee:  [Original                                                          
     text, but some formatting changes were made]                                                                               
                                                                                                                              
                                                                                                                                
          Chair Wilson  and Honorable  members of  the committee.                                                               
          Thank you  for allowing me  to testify on behalf  of HB
          434.  Thank you for staying later to hear this.                                                                       
                                                                                                                                
          HB   434  would   allow   naturopathic  physicians   to                                                               
          prescribe substances  that they are trained  to use and                                                               
          to  perform minor  surgery.   You all  know the  issues                                                               
          before  you.     You  have   a  packet  with   all  the                                                               
          comparisons and it is pretty  comprehensive packet.  We                                                               
          have all  met with you  all on an individual  basis and                                                               
          have plead our case.                                                                                                  
                                                                                                                                
          By  now you  have heard  from naturopathic  doctors and                                                               
          patients of  naturopathic medicine that are  in support                                                               
          of this  bill.   You have also  heard from  the medical                                                               
          doctors, doctors of osteopathic  medicine, and even the                                                               
          pharmacy  board.   I don't  think that  you have  heard                                                               
          from  patients of  allopathic  or osteopathic  doctors.                                                               
          Unfortunately, I had a nice  conversation with Dr. Alex                                                               
          Malter   the  head   of   the   Alaska  State   Medical                                                               
          Association in the  fall and we had  a good discussion.                                                               
          It is  too bad he  had to leave  to care for  a patient                                                               
          because I think it would  have been helpful to have the                                                               
          two of us here would have been helpful in this issue.                                                                 
                                                                                                                                
          With  your  permission  I would  like  to  direct  your                                                               
          attention briefly to facts:                                                                                           
                                                                                                                                
          Fact 1:   Education                                                                                                   
                                                                                                                              
          Naturopathic  doctors are  trained  for general  family                                                               
          practice.  We are not  trained to be specialists and do                                                               
          not work  in hospital environments, but  in out patient                                                               
          in the trenches.                                                                                                      
                                                                                                                                
          Naturopathic  doctors   complete  8  years   of  higher                                                               
          education.  Some  receive more, but it is  a minimum of                                                               
          8 years.                                                                                                              
                                                                                                                                
          Requirements  to enter  a  naturopathic medical  school                                                               
          are  almost  identical to  that  of  any other  medical                                                               
          school.  I almost went  to an allopathic medical school                                                               
          and was ready to do that.                                                                                             
                                                                                                                                
          The  curriculum   of  a  naturopathic   medical  school                                                               
          compares  with  allopathic  (MD) and  osteopathic  (DO)                                                               
          schools, in intensity and comprehensiveness.                                                                          
                                                                                                                                
          The  clinical studies  in  naturopathic medical  school                                                               
          also compare  to allopathic  (MD) and  osteopathic (DO)                                                               
          schools.                                                                                                              
                                                                                                                                
          Outpatient  based  clerkships  prepare us  for  how  we                                                               
          practice.                                                                                                             
                                                                                                                                
          In your  packets you  can see  charts that  compare our                                                               
          education with medical schools.                                                                                       
                                                                                                                                
          There has  also been  expert unbiased testimony  by Dr.                                                               
          Clyde Jenson  in previous  committee meetings  and with                                                               
          the other  body.  He  has a unique position  to comment                                                               
          on the  education between  these three  areas.   He has                                                               
          been a  president or administrator of  allopathic (MD),                                                               
          osteopathic  (DO) and  (ND)  medical  schools for  long                                                               
          periods of  time and is  quite versed to attest  to the                                                               
          nature  of their  curriculums.   Their first  two years                                                               
          are  almost identical.   That  is when  you learn  your                                                               
          sciences.   That is anatomy,  physiology, pharmacology,                                                               
          clinical physical diagnosis, and  the lab diagnosis, x-                                                               
          ray, radiology, things like that.                                                                                     
                                                                                                                                
          The  second stage  is the  clinical  sciences that  are                                                               
          learned in  the third and  fourth years.  At  this time                                                               
          naturopathic   physicians   go  through   broad   based                                                               
          training.     They  work  in   manipulation,  botanical                                                               
          medicine,  nutrition, dietetics,  homeopathy, and  some                                                               
          pharmalogical therapeutics, though  not as extensive as                                                               
          a pharmalogical  therapeutics in a  hospital situation.                                                               
          As   you   know   medical  doctors   and   doctors   of                                                               
          naturopathic   medicine   work  extensively   on   very                                                               
          rigorous  internships  where  all that  is  studied  is                                                               
          pharmalogical therapeutics and they  are the experts of                                                               
          that realm of medicine.                                                                                               
                                                                                                                                
     Number 1570                                                                                                                
                                                                                                                                
          We  are skilled  in the  40 percent  of drugs  that are                                                               
          coming  from   a  natural   substance  and   there  are                                                               
          different  generations of  that that  we are  very well                                                               
          versed in the use of that.                                                                                            
                                                                                                                                
          Fact 2: Licensure                                                                                                     
                                                                                                                                
          Graduates   of   naturopathic  medical   schools   pass                                                               
          rigorous  nationally administered  board exams.   These                                                               
          exams have  been examined by federal  institutions that                                                               
          determine the  level of education  that you  would need                                                               
          to  pass  them.    That   is  for  bio-medical  general                                                               
          practice of medicine.                                                                                                 
                                                                                                                                
          Fact 3:   Federal Regulation                                                                                          
                                                                                                                                
          Naturopathic  medical  institutions are  recognized  by                                                               
          Federal and State Accrediting Bodies  as well as by the                                                               
          Council  of Naturopathic  Medical education.   We  wish                                                               
          only  to  be able  to  practice  how  they say  we  are                                                               
          trained to practice.                                                                                                  
                                                                                                                                
          Fact 4: Naturopathic Medicine is Safe                                                                                 
                                                                                                                                
          No patient complaints in 17 years of practice in                                                                      
          Alaska.    Naturopathic  medicine  is  safe.    I  have                                                               
          numbers to show  you on a national  level in comparison                                                               
          that and we can talk about that.                                                                                      
                                                                                                                                
          Fact 5: Scientific Basis                                                                                              
                                                                                                                                
          There is research- see your packet "Naturopathic                                                                      
          Collaborative Events"                                                                                                 
                                                                                                                                
          In the packet there is a very nice presentation,                                                                      
          Representative Coghill has  it.  That shows  all of the                                                               
          clinical  research and  all the  things that  are being                                                               
          done  in Naturopathic  medicine and  complimentary care                                                               
          across the United States.                                                                                             
                                                                                                                                
Number 1497                                                                                                                     
                                                                                                                                
          Fact 6:  Naturopathic Physician = Primary Care                                                                        
                                                                                                                                
          The Journal of American Medical Association or                                                                        
          J.A.M.A. in  1998 - there  is an article in  the packet                                                               
          by Dr. Cooper.  They are  saying that we are trained as                                                               
          primary care  and outpatient based,  which means  we do                                                               
          not work in the hospitals,  but we work seeing patients                                                               
          in our  clinics.  And that  is how our training  is and                                                               
          it is adequate for that.                                                                                              
                                                                                                                                
          Complimentary  medicine  is  the wave  of  the  future;                                                               
          already  Alaska's  clinics  have MD's,  DO's  and  ND's                                                               
          working side  by side.   It  is not as  much as  in the                                                               
          Lower 48, but it is happening.                                                                                        
                                                                                                                                
          We  have letters  of support  from medical  doctors who                                                               
          work with us, as well as other types of practitioners.                                                                
                                                                                                                                
          We have  thousands of signatures from  patients in your                                                               
          districts  that want  access  to complete  Naturopathic                                                               
          scope of practice.                                                                                                    
                                                                                                                                
          Our  current statute  is out  of date  and needs  to be                                                               
          updated   to  reflect   the  quality   of  Naturopathic                                                               
          education.                                                                                                            
                                                                                                                                
     Number 1443                                                                                                                
                                                                                                                                
          These  letters of  opposition  clearly  indicate to  me                                                               
          that  there is  a misunderstanding  about the  level of                                                               
          our  education  as   naturopathic  physicians  in  this                                                               
          state.                                                                                                                
                                                                                                                                
          Often  times  these  letters  indicate  that  it  is  a                                                               
          licensing issue.   We have been licensed  for 17 years.                                                               
          All it  is expanding our  scope to include  what should                                                               
          be  rightfully  ours.    For  17  years  we  have  been                                                               
          providing  service to  30,000 Alaskans.   I'm  going to                                                               
          cut this short,  and ask you to consider this  bill.  I                                                               
          appreciate  your  time  and  can  answer  any  of  your                                                               
          questions at this time.                                                                                               
                                                                                                                                
     Number 1413                                                                                                                
                                                                                                                                
     REPRESENTATIVE GATTO asked why the  e-mails he has been receiving                                                          
     have expressed concern  that the legislature may  take away their                                                          
     right to  practice naturopathic medicine.   He commented  that he                                                          
     does not  know how that  information got into the  community, but                                                          
     for  the record,  he said,  there is  nothing in  this bill  that                                                          
     diminishes anything  naturopaths are doing.   He asked  Dr. Young                                                          
     if he would agree with that.                                                                                               
                                                                                                                                
     DR. YOUNG replied that he would  agree with respect to the intent                                                          
     of  the  bill.   There  is  wording in  the  bill  that has  been                                                          
     insulting for 17  years and would like to see  that corrected, he                                                          
     said.  He told the members  that his main concern is patients who                                                          
     want their naturopaths  to be able to provide the  care that they                                                          
     are trained to provide.   For example, natural estrogens, natural                                                          
     progesterone, and  natural thyroids  are prescription  drugs that                                                          
     naturopaths are trained to use,  Dr. Young stated.  He emphasized                                                          
     that  it   is  not  their   intent  to  use  schedule   2  drugs;                                                          
     naturopathic  physicians do  not  use those  drugs.   Naturopaths                                                          
     refer their patients  to other providers in cases  where there is                                                          
     a  need for  more specialized  treatment.   When a  patient comes                                                          
     into  the office  for a  pap [smear],  and it  is found  that the                                                          
     patient needs  a special estrogen  prescription that can  be made                                                          
     for her, but  the naturopath cannot write  the prescription, then                                                          
     that  is a  problem.   The insurance  company gets  billed twice;                                                          
     there is a waiting list; and  a patient's health care is at risk.                                                          
     The   same  thing   applies  to   patients   with  diabetes   and                                                          
     hypertension,  he added.   Dr.  Young commented  that naturopaths                                                          
     are not interested  in using anti-psychotic drugs  because we are                                                          
     not trained for that.   Naturopaths would refer appropriately for                                                          
     treatment outside  of our  area of training,  he commented.   Dr.                                                          
     Young pointed out that the current  bill does not have the [drug]                                                          
     schedules in it.                                                                                                           
                                                                                                                                
     Number 1301                                                                                                                
                                                                                                                                
     REPRESENTATIVE GATTO reiterated that  everyone who currently sees                                                          
     a  naturopath  will  be  able  to continue  to  see  his  or  her                                                          
     naturopaths.    If  the  bill passes  there  will  be  additional                                                          
     privileges that  will be available to  the public.  He  asked Dr.                                                          
     Young  for clarification  that schedules  were taken  out of  the                                                          
     bill.                                                                                                                      
                                                                                                                                
     DR. YOUNG replied  that he understands the  [drug] schedules were                                                          
     taken out of the  bill in order to get it out  of the House Labor                                                          
     and Commerce  Standing Committee.  He  explained that naturopaths                                                          
     did not  want schedules [one and]  two because they did  not want                                                          
     drugs   that  have   a  high   incidence  of   physiological  and                                                          
     physiological  dependence and  are hot  topics.   Drugs that  are                                                          
     listed  on  schedules  three,  four,   and  five  are  far  below                                                          
     naturopaths' level  of training,  he commented.   There  are only                                                          
     certain drugs  within those  levels that  a naturopath  would use                                                          
     anyway.   The bill  was originally written  with the  intent that                                                          
     naturopaths would have access to drugs they would use, he said.                                                            
                                                                                                                                
     CHAIR WILSON asked  if Representative Holm would  point out where                                                          
     the language was removed from the bill.                                                                                    
                                                                                                                                
     Number 1234                                                                                                                
                                                                                                                                
     REPRESENTATIVE HOLM referred to  CSHB 434(L&C), Section 08.45.120                                                          
     (4), page  5, line  23, language  addressing scheduled  drugs was                                                          
     after the following:                                                                                                       
                                                                                                                                
          (4) prescribe and implement barrier devices for                                                                       
          contraception;                                                                                                        
                                                                                                                                
     REPRESENTATIVE  HOLM commented  that in  the original  version of                                                          
     the bill,  the above language  was numbered (5) and  the language                                                          
     addressing scheduled drugs preceded this language as (4).                                                                  
                                                                                                                                
     CHAIR WILSON  asked where in  the current bill does  it authorize                                                          
     naturopaths to  prescribe schedule  three, four, and  five drugs.                                                          
     She said she believes all of that language was removed.                                                                    
                                                                                                                                
     REPRESENTATIVE HOLM agreed that  all the language authorizing use                                                          
     of scheduled prescription drugs was removed.                                                                               
                                                                                                                                
     CHAIR WILSON stated that the only  thing that is left in the bill                                                          
     is as follows [page 5, lines 14 through 17]:                                                                               
                                                                                                                                
          (1)   prescribe  or   administer  for   preventive  and                                                               
          therapeutic purposes the following:   food, extracts of                                                               
          food,   vitamins,   minerals,  enzymes,   whole   gland                                                               
          substances,   botanical   medicines,  and   homeopathic                                                               
          preparations;                                                                                                         
                                                                                                                                
          (2) if authorized under regulations of the department,                                                                
          prescribe or administer legend or prescription drugs,                                                                 
                                                                                                                                
     CHAIR WILSON told the members  that legend drugs are anti-biotic,                                                          
     drugs for high blood pressure,  diabetes, and most medications in                                                          
     general that can be refilled for  one year.  She asked if someone                                                          
     from the  Department of Health  and Social Services  is available                                                          
     to speak to this part of the bill.                                                                                         
                                                                                                                                
     Number 1103                                                                                                                
                                                                                                                                
     REPRESENTATIVE  SEATON  asked  if legend  or  prescription  drugs                                                          
     covers schedule three, four, and five drugs.                                                                               
                                                                                                                                
     DR.  YOUNG  responded  that controlled  substances  represents  a                                                          
     relatively small part  of what is in a pharmacy.   Since 1971 the                                                          
     Controlled Substance  Act put  prescription drugs  into schedules                                                          
     so  that there  are schedules  one, two,  three, four,  and five.                                                          
     The schedules  are based on  the physiological  and psychological                                                          
     dependence.  Five being a  relatively minimal dependence compared                                                          
     to  one  which is  only  used  in  research and  in  governmental                                                          
     research.   Examples  of schedule  one drugs  is heroin,  LSD, or                                                          
     marijuana.   Schedule two drugs  are primarily narcotics  such as                                                          
     oxycodone.   Schedule  three, schedule  four,  and schedule  five                                                          
     drugs are  other controlled substances  as well, but they  are of                                                          
     less  physiological  and  psychological dependence.    Dr.  Young                                                          
     explained that  legend drugs is an  old term for the  legend that                                                          
     use to be on  the side of foods which was  instituted by the FDA.                                                          
     He clarified  that legend drugs  are prescription drugs  that are                                                          
     not controlled substances.                                                                                                 
                                                                                                                                
     Number 1029                                                                                                                
                                                                                                                                
     REPRESENTATIVE  SEATON asked  for  further  clarification on  the                                                          
     term "legend drugs" and asked if  it refers to all five scheduled                                                          
     drugs.                                                                                                                     
                                                                                                                                
     DR.  YOUNG   replied  no.     He  told   the  members   that  his                                                          
     understanding  of this  terminology is  that this  language would                                                          
     not  allow naturopaths  to provide  any legend  drugs.   However,                                                          
     natural thyroid or anti-biotic could be prescribed.                                                                        
                                                                                                                                
     CHAIR  WILSON noted  that  naturopaths would  not  be allowed  to                                                          
     prescribe those drugs unless the department authorizes it.                                                                 
                                                                                                                                
     DR. YOUNG agreed with Chair Wilson's statement.                                                                            
                                                                                                                                
     REPRESENTATIVE SEATON said he is  trying to ascertain whether the                                                          
     department's  authorization would  include schedule  three, four,                                                          
     and five  drugs.  He  asked if  legend or prescription  drugs are                                                          
     something other than schedules three, four and five drugs.                                                                 
                                                                                                                                
     CHAIR WILSON  replied that prescription drugs  cover any schedule                                                          
     drug.   That  is  a  pretty broad  category  which could  include                                                          
     morphine.   She  commented that  she would  like to  discuss this                                                          
     point with the department.                                                                                                 
                                                                                                                                
     Number 0935                                                                                                                
                                                                                                                                
     REPRESENTATIVE  HOLM  clarified  that   without  an  FDA  license                                                          
     naturopaths cannot prescribe a prescription drug.                                                                          
                                                                                                                                
     Number 0905                                                                                                                
                                                                                                                                
     DR. YOUNG pointed to the original  bill and told the members that                                                          
     the  language was  changed.   He read  from HB  434, 23-LS1574\D,                                                          
     page 5, lines 16 and 17 as follows:                                                                                        
                                                                                                                                
          (4) after becoming registered with the federal Drug                                                                   
          Enforcement Administration, prescribe a controlled                                                                    
          substance;                                                                                                            
                                                                                                                                
     DR. YOUNG commented  that this language is no longer  in the bill                                                          
     that  is before  the committee.    The original  intent was  that                                                          
     naturopaths  could use  prescription  drugs,  but not  controlled                                                          
     substances,  he explained.    Dr.  Young added  that  there is  a                                                          
     misconception that prescription  drugs are controlled substances.                                                          
     He  summarized that  the language  was removed  from the  bill in                                                          
     order to  get it  out of  the House  Labor and  Commerce Standing                                                          
     Committee.                                                                                                                 
                                                                                                                                
     CHAIR  WILSON  commented  that  by  removing  that  language  and                                                          
     leaving  prescription drugs  in the  bill it  allows a  doctor to                                                          
     write a prescription for anything.                                                                                         
                                                                                                                                
     DR.  YOUNG clarified  that doctors  can only  write prescriptions                                                          
     for  controlled  substances  if he/she  has  a  Drug  Enforcement                                                          
     Administration (DEA) number.                                                                                               
                                                                                                                                
     Number 0871                                                                                                                
                                                                                                                                
     CHAIR WILSON  stated that a  DEA number  is required in  order to                                                          
 have insurance payment.  She questioned how it would be paid.                                                                  
                                                                                                                                
     DR. YOUNG said  he has never come across that  problem because he                                                          
  has always worked in states where he has had a DEA license.                                                                   
                                                                                                                                
     CHAIR WILSON  responded that whenever completing  insurance forms                                                          
     it  is necessary  to provide  the doctor's  DEA number.   Without                                                          
     that number, insurance will not pay for the prescription.                                                                  
                                                                                                                                
     Number 0772                                                                                                                
                                                                                                                                
     REPRESENTATIVE GATTO  pointed to page  5, lines 29 and  30, which                                                          
     reads as follows:                                                                                                          
                                                                                                                                
          (7) use the title of "doctor of naturopathy,"                                                                         
          "naturopath," "naturopathic physician," or their                                                                      
          abbreviations.                                                                                                        
                                                                                                                                
     REPRESENTATIVE  GATTO commented  that  the  use of  "naturopathic                                                          
     physician"  became  a  contentious   point  in  House  Labor  and                                                          
     Commerce Standing Committee meeting.   The thought there was that                                                          
     the  term "physician"  means very  specific  things and  it is  a                                                          
     guarded term.  Representative Gatto  said just because someone is                                                          
     a doctor, does  not make him/her a physician.   He suggested that                                                          
     naturopaths would not want to use  the term because it clouds the                                                          
     issue.                                                                                                                     
                                                                                                                                
     Number 0683                                                                                                                
                                                                                                                                
     REPRESENTATIVE HOLM  responded that Representative Gatto  makes a                                                          
     good  point.   However, he  offered  that the  term physician  in                                                          
     layman terms means healer.   There are different methodologies of                                                          
     healing.  There  are illness such as  psychosomatic illness which                                                          
     have  no traditional  ways  of treatment.    Those are  addressed                                                          
     through a  change in  attitude, and  can improve  an individual's                                                          
     health and  truly be considered physicians.   Representative Holm                                                          
     commented  that  nurse practitioners  are  every  bit as  much  a                                                          
     healer as  an allopathic  physician.   He commented  that usually                                                          
     when a person refers to a  physician it is a reference to someone                                                          
     who has  a doctorate degree versus  a nurse practitioner.   It is                                                          
     just one  level up, he  said.  Representative Holm  suggested the                                                          
     members might  wonder if the level  has risen to the  place where                                                          
     naturopaths  should  be call  physicians  or  true healers.    He                                                          
     stated that he believes it does.                                                                                           
                                                                                                                                
     REPRESENTATIVE GATTO replied  that if this bill  becomes law then                                                          
     any  discipline  where  healing   occurs  would  merit  the  term                                                          
     physician.  He  questioned whether the legislature  wants to make                                                          
     the term  physician so broad  that it  cannot be used  anymore to                                                          
     identify what is now known as  a physician.  Currently, this term                                                          
     is  reserved  for  doctors   of  medicine,  Representative  Gatto                                                          
     commented.                                                                                                                 
                                                                                                                                
     Number 0547                                                                                                                
                                                                                                                                
     DR.  YOUNG  agreed  that  Representative  Gatto  made  some  good                                                          
     points.  He explained that the  term "physic" is actually a Latin                                                          
     term  for nature.   He  pointed out  that chiropractors  are also                                                          
     called  chiropractic physicians.   Naturopathic  physicians is  a                                                          
     term   used   in   licensed    states   where   naturopaths   are                                                          
     differentiated from those who have  gone through a medical school                                                          
     and have  a doctorate in medicine,  so they are able  to refer to                                                          
     themselves as physicians.  He  explained that a naturopath can go                                                          
     into  any  unlicensed  state  and   hang  a  shingle  which  says                                                          
     "naturopath," but  could not  hang out a  sign that  says medical                                                          
     doctor  or physician.   This  bill  would protect  that term  for                                                          
     those who are practicing naturopathy as physicians.                                                                        
                                                                                                                                
     Number 0457                                                                                                                
                                                                                                                                
     REPRESENTATIVE   COGHILL   referred   to  AS   08.02.010,   under                                                          
     Miscellaneous Provisions, which says:                                                                                      
                                                                                                                                
          Sec.     08.02.010.         Professional    designation                                                               
          requirements.                                                                                                         
                                                                                                                                
               (a) An acupuncturist licensed under AS 08.06, an                                                                 
          audiologist  or  speech-language  pathologist  licensed                                                               
          under AS  08.11, a  person licensed in  the state  as a                                                               
          chiropractor under  AS 08.20, a  professional counselor                                                               
          licensed under  AS 08.29, a  dentist under AS  08.36, a                                                               
          dietitian or  nutritionist licensed  under AS  08.38, a                                                               
          marital and  family therapist licensed under  AS 08.63,                                                               
          a medical  practitioner or osteopath under  AS 08.64, a                                                               
          direct-entry  midwife  certified   under  AS  08.65,  a                                                               
          registered nurse  under AS 08.68, an  optometrist under                                                               
          AS  08.72,  a licensed  pharmacist  under  AS 08.80,  a                                                               
          physical therapist  or occupational  therapist licensed                                                               
          under AS  08.84, a  psychologist under  AS 08.86,  or a                                                               
          clinical social  worker licensed under AS  08.95, shall                                                               
          use as professional  identification appropriate letters                                                               
          or  a title  after that  person's name  that represents                                                               
          the person's  specific field  of practice.  The letters                                                               
          or  title shall  appear  on all  signs, stationery,  or                                                               
          other  advertising  in  which   the  person  offers  or                                                               
          displays personal professional  services to the public.                                                               
          In  addition,  a  person engaged  in  the  practice  of                                                               
          medicine or  osteopathy as defined in  AS 08.64.380, or                                                               
          a person engaged in any  manner in the healing arts who                                                               
          diagnoses, treats, tests, or  counsels other persons in                                                               
          relation  to  human  health or  disease  and  uses  the                                                               
          letters "M.D." or the title  "doctor" or "physician" or                                                               
          another title  that tends  to show  that the  person is                                                               
          willing  or  qualified  to diagnose,  treat,  test,  or                                                               
          counsel another  person, shall  clarify the  letters or                                                               
          title    by   adding    the   appropriate    specialist                                                               
          designation,   if   any,   such   as   "dermatologist",                                                               
          "radiologist",  "audiologist",   "naturopath",  or  the                                                               
          like.                                                                                                                 
                                                                                                                                
     REPRESENTATIVE COGHILL  clarified that under Alaska  statutes the                                                          
     term is very broad.                                                                                                        
                                                                                                                                
     Number 0406                                                                                                                
                                                                                                                                
     REPRESENTATIVE  SEATON referred  to the  Journal of  the American                                                          
     Medical  Association   (JAMA),  1998   article  where   there  is                                                          
     discussion about naturopathic physicians.   He said he thinks the                                                          
     distinction that he sees being  made through opposing comments is                                                          
     that  naturopath are  an unlicensed,  unregulated group;  whereas                                                          
     naturopathic  physicians  are  licensed  in state  and  have  the                                                          
     background  and training.   These  are two  different groups,  he                                                          
     emphasized.   For  example, currently  a naturopath  can practice                                                          
     right now  with no training,  but to be a  naturopathic physician                                                          
     an  individual must  meet the  licensing requirements.   That  is                                                          
     what is really being discussed  here, he commented.  He suggested                                                          
     that the  committee look  at the policy  call of  restricting the                                                          
     word  "naturopath" to  refer to  only naturopathic  physicians to                                                          
     prevent  the confusion  that has  occurred in  the testimony  the                                                          
     members have heard.                                                                                                        
                                                                                                                                
     REPRESENTATIVE  COGHILL told  the  committee that  anyone who  is                                                          
     licensed  must have  the credentials.   He  added that  he has  a                                                          
     friend who  is called  doctor, but  he is  not a  medical doctor.                                                          
     Representative  Coghill questioned  what the  committee wants  to                                                          
     define.                                                                                                                    
                                                                                                                                
     Number 0284                                                                                                                
                                                                                                                                
     REPRESENTATIVE  CISSNA asked  the committee  to look  at page  3,                                                          
     lines 26 through 28, which reads as follows:                                                                               
                                                                                                                                
          (B) addiction or severe dependency on alcohol or a                                                                    
          drug that impairs the applicant's or licensee's                                                                   
          ability to practice safely; or                                                                                    
          (C) physical or mental disability; or                                                                             
                                                                                                                                
     REPRESENTATIVE  CISSNA pointed  out that  (C) does  not have  the                                                          
     same qualifying  terms after  the condition that  (B) does.   She                                                          
     pointed out that  there are physical or  mental disabilities that                                                          
     exist that would  not impair an individual's  ability to practice                                                          
     safely.   She suggested including  the same language in  (C) that                                                          
     is included in (B).                                                                                                        
                                                                                                                                
     REPRESENTATIVE CISSNA moved Conceptual Amendment 1 as follows:                                                             
                                                                                                                                
          On Page 3, Line 28, after "disability"                                                                                
          Insert:  "that impairs the applicant's or licensee's                                                                  
          ability to practice safely;"                                                                                          
                                                                                                                                
     Number 0051                                                                                                                
                                                                                                                                
     REPRESENTATIVE COGHILL objected for discussion purposes.                                                                   
                                                                                                                                
     REPRESENTATIVE CISSNA told the members  that there are many kinds                                                          
     of disabilities, both  mental and physical, that would  not be an                                                          
     impairment.   Many  disabilities  do not  affect an  individual's                                                          
     competency in their professional lives.                                                                                    
                                                                                                                                
     REPRESENTATIVE  GATTO agreed  with  Representative  Cissna.   For                                                          
     example,  if a  person has  had an  arm amputated,  it would  not                                                          
     affect that person's ability to practice safely.                                                                           
                                                                                                                                
     TAPE 04-32, SIDE A                                                                                                       
                                                                                                                                
     DR. YOUNG  commented that the Division  of Occupational Licensing                                                          
     will regulate naturopaths appropriately.   He pointed to the flow                                                          
     chart in the members' packet.                                                                                              
                                                                                                                                
     REPRESENTATIVE   COGHILL  said   the  Division   of  Occupational                                                          
     Licensing will have  a hearing officer and if there  is an appeal                                                          
     it can go straight to the court.                                                                                           
                                                                                                                                
     Number 0079                                                                                                                
                                                                                                                                
     REPRESENTATIVE SEATON pointed  to page 3, lines 23  and 24, which                                                          
     reads as follows:                                                                                                          
                                                                                                                                
          (6) is [CONTINUED TO PRACTICE AFTER BECOMING] unfit to                                                        
          practice naturopathic medicine due to                                                                             
                                                                                                                                
     REPRESENTATIVE SEATON commented that he  is not really opposed to                                                          
     the   conceptual  amendment;   however,  he   said  he   believes                                                          
     Representative Cissna's  amendment is  already covered  under (6)                                                          
     where it  says "is  unfit to  practice naturopathic  medicine due                                                          
     to."   He clarified that this  language means that it  would have                                                          
     to first be  determined that the individual is  unfit to practice                                                          
     due to a physical or mental disability.                                                                                    
                                                                                                                                
     Number 0131                                                                                                                
                                                                                                                                
     REPRESENTATIVE CISSNA questioned why  the language is included in                                                          
     (B).  She withdrew her motion to adopt Conceptual Amendment 1.                                                             
                                                                                                                                
     Number 0204                                                                                                                
                                                                                                                                
     VERENA NILSSON  testified in  support of  HB 434.   She  told the                                                          
     members  that  she is  a  patient  of  Avanti Medical  Center  in                                                          
     Anchorage  and supports  the idea  of her  doctors being  able to                                                          
     write prescriptions  for medicines.   Ms. Nilsson  explained that                                                          
     she has had  medical problems for the last 12  years and had gone                                                          
     to traditional doctors;  however, it was not until she  went to a                                                          
     doctor of  naturopathy that  she discovered  what was  wrong with                                                          
     her.   She is  now taking hormones  in order to  get some  of the                                                          
     problems taken  care of.  It  is still a problem  for her because                                                          
     she  has  to  go  back  to  the  conventional  doctor  to  get  a                                                          
     prescription  written.   Ms. Nilsson  told the  members that  she                                                          
     would like all of her family go to naturopathic doctors.                                                                   
                                                                                                                                
     Number 0346                                                                                                                
                                                                                                                                
     STEVE COMPTON, M.D., Alaska Heart  Institute, testified on HB 434                                                          
     and  answered  questions  from  the members.    He  detailed  his                                                          
     training which consisted of four  years of college, four years of                                                          
     medical  school,  three  years of  internal  medicine  residency,                                                          
     three  years of  cardiology fellowship,  and another  year of  an                                                          
     electrophysiology fellowship.  Dr. Compton  told the members that                                                          
     he  finished training  at  the  age of  33,  then  taught at  the                                                          
     University  of  Utah for  four  years.    He  said he  is  pretty                                                          
  familiar with the research basis behind allopathic medicine.                                                                  
                                                                                                                                
     DR. COMPTON told the members that  he is not sure the members are                                                          
     aware  of the  profound differences  between allopathic  medicine                                                          
     and alternative  medicine practices.   The single  most important                                                          
     thing that  defines allopathic  medicine is  that it  is evidence                                                          
     based  on scientific  methods, he  explained.   Dr. Compton  said                                                          
     what that means  is that if patients have a  clinical problem and                                                          
     are  considering  therapy  to  treat  that  problem  or  disease,                                                          
     scientific   methods  are   used  to   design  clinical   trials.                                                          
     Randomized  placebo controlled  trials are  used to  determine if                                                          
     therapy will  actually benefit a  patient, he said.   Dr. Compton                                                          
     told  the  members  that  using   this  approach  helps  them  in                                                          
     developing  new treatment  so patients  will  have longer  better                                                          
     lives.                                                                                                                     
                                                                                                                                
     Number 0526                                                                                                                
                                                                                                                                
     DR.  COMPTON said  he believes  what is  not being  understood is                                                          
     that most  naturopathic practices  do not involve  the scientific                                                          
     method.  It tends to be more  of a faith-based practice.  He said                                                          
     that the judgment  that a treatment is effective  should be based                                                          
     on the quality of the  scientific evidence.  Naturopaths are very                                                          
     good at convincing  people that evidence exists  when it actually                                                          
 does not or convincing people to accept substandard evidence.                                                                  
                                                                                                                                
     DR. COMPTON explained  that some of the  practices of naturopathy                                                          
     would  not  stand  up  to  scientific  scrutiny.    For  example,                                                          
     iridology, which says  that it can be determined  if something is                                                          
     wrong with  an individuals organs  by looking  at the color  of a                                                          
     person's  eyes.   He said  that this  is no  different than  palm                                                          
     reading.    Dr. Compton  told  the  members  that many  of  these                                                          
     practices would be  determined to be health  fraud if perpetrated                                                          
     by  medical  doctors.   He  added  that the  differences  between                                                          
     naturopathic medicine  and allopathic medicine has  not been over                                                          
     come.                                                                                                                      
                                                                                                                                
     Number 0661                                                                                                                
                                                                                                                                
     DR. COMPTON  said when  the Massachusetts  legislature considered                                                          
     licensing  naturopaths   three  years   ago  it  had   a  special                                                          
     commission working  for fifteen  months to study  the issue.   He                                                          
 read the conclusion of that study into the record as follows:                                                                  
                                                                                                                                
          For an  occupation with  little semblance  of objective                                                               
          scientific and ethical  basis, licensure legitimizes an                                                               
          otherwise illegitimate  and dangerous activity.   It is                                                               
          the opinion  of the Massachusetts Medical  Society that                                                               
          it would  be irresponsible  and unconscionable  for the                                                               
          commission  to recommend  the licensure  of naturopathy                                                               
          in the Commonwealth of Massachusetts.                                                                                 
                                                                                                                                
     DR. COMPTON said this is  an issue because prescription drugs can                                                          
     be dangerous.   It takes  a lot of  training and judgment  to use                                                          
     them.  He told the members  that he knows of no medical physician                                                          
     that learned  how to prescribe  medications during  their medical                                                          
     school years.  He added  comparing naturopath training to medical                                                          
     school  training  is  not  appropriate.    Prescription  training                                                          
     occurs  as an  intern, resident,  and fellow,  Dr. Compton  said.                                                          
     His  internship was  hardcore training  of  90 to  100 hours  per                                                          
     week.                                                                                                                      
                                                                                                                                
     Number 0769                                                                                                                
                                                                                                                                
     DR.   COMPTON  told   the  committee   that  two   patients  were                                                          
     hospitalized in Denver a couple  of weeks ago after being treated                                                          
     by a  licensed naturopath.   One was a 17  year old girl  who had                                                          
     cardiac  arrest after  having UV  blood irradiation.   This  is a                                                          
     procedure  where the  blood  was removed  from  the girl's  body,                                                          
     irradiated with ultra violet light  and then infused back in her.                                                          
     Another case in 2002, Lawrence  Perry, a naturopath, persuaded an                                                          
     8 year old  diabetic girl's parents to stop her  insulin.  Type I                                                          
     diabetes requires insulin for survival.   There have been several                                                          
     diabetic deaths, Dr. Compton said.                                                                                         
                                                                                                                                
     DR.  COMPTON  shared  another  example   of  a  naturopath  named                                                          
     Reginald  Fenn who  in February  of  2004 was  jailed because  he                                                          
     persuaded parents of an 18-day  old baby with aortic stenosis not                                                          
     to  seek surgery.   He  told the  members the  only way  to treat                                                          
     aortic  stenosis is  through  surgical repair.    The child  died                                                          
     after  treating  it with  herbs  and  proclaiming the  child  was                                                          
     cured.    Dr.  Compton  continued  to  share  other  examples  of                                                          
     naturopathic malpractice  in which  patients were harmed.   After                                                          
     the death of a young girl  following a procedure of a naturopath,                                                          
     Alberta rescinded all licensing of naturopaths.                                                                            
                                                                                                                                
     DR.  COMPTON  said  that  naturopaths   will  say  that  this  is                                                          
     mainstream medicine,  but it is  not.   He told the  members that                                                          
     they  will be  told  that naturopaths  have  these privileges  in                                                          
     other states, but that is not true.   He told the members that it                                                          
     will not be mentioned that  two states have outlawed naturopathy,                                                          
     and  only 11  states that  even bother  with licensure.   Whether                                                          
     licensure  should be  offered is  debatable and  he said,  in his                                                          
     opinion prescriptive authority is unconscionable.                                                                          
                                                                                                                                
     Number 0905                                                                                                                
                                                                                                                                
     DR. COMPTON  suggested that the members  look on the web  site of                                                          
     the American Association  of Naturopathic Physicians.   He read a                                                          
     statement from the web site into the record as follows:                                                                    
                                                                                                                                
          Naturopathic practice excludes major surgery and the                                                                  
          use of synthetic drugs.                                                                                               
                                                                                                                                
     DR.  COMPTON  commented if  the  members  are considering  giving                                                          
     naturopaths prescriptive  authority, what  is being  discussed is                                                          
     not naturopathy,  but medicine.   He advised the members  to talk                                                          
     to people who prescribe drugs  and understand them before passing                                                          
     a bill like this.   He told the members that  there are dozens of                                                          
     drugs  when used  aggressively can  hurt, maim,  or kill  people.                                                          
     The few  classes in  naturopathy schools  is unlikely  to provide                                                          
     the training to prescribe these drugs.                                                                                     
                                                                                                                                
     DR.  COMPTON urged  the  members to  educate  themselves on  this                                                          
     issue and protect Alaskans.                                                                                                
                                                                                                                                
     Number 1036                                                                                                                
                                                                                                                                
     REPRESENTATIVE WOLF commented that  Dr. Compton made reference to                                                          
     iridology.  He  asked if a patient came to  him with yellow itchy                                                          
     eyes, what would be his first reaction.                                                                                    
                                                                                                                                
     DR.  COMPTON responded  that he  believes Representative  Wolf is                                                          
     thinking  of  liver disease,  but  that  is  not  the iris.    He                                                          
     explained  that iridology  suggests that  by looking  at specific                                                          
     color patterns  of a person's  iris and a specific  diagnosis can                                                          
     be  made.   Dr. Compton  agreed with  Representative Wolf  that a                                                          
     person with  liver disease  can get  yellow discoloration  in the                                                          
     white part of the eyes called jaundice.                                                                                    
                                                                                                                                
     DR.  COMPTON said  another questionable  practice is  homeopathy.                                                          
     Their premise  is to take whatever  active drug it is  believed a                                                          
     patient needs,  and repeatedly dilute  it down.  The  idea behind                                                          
     this is  that by doing this  the essence of the  drug is captured                                                          
     and the  more diluted  it is the  more powerful it  is.   He said                                                          
     this makes absolutely  no sense.  He pointed  out that homeopathy                                                          
     won't hurt  anyone, but it  is promoted as  a way to  make people                                                          
     better and  there is no  basis in physiology or  pharmacology for                                                          
     the effectiveness  of homeopathy, but  this is another  main stay                                                          
     of naturopathic medicine.  He  told the member that naturopath is                                                          
     not based  upon science.   Dr.  Compton told  the members  that a                                                          
     great way to  blow a lot of  money on health care is  to spend it                                                          
     on therapies that have not been proven to be effective.                                                                    
                                                                                                                                
     Number 1212                                                                                                                
                                                                                                                                
     REPRESENTATIVE  WOLF  told  Dr.  Compton  of  a  family  member's                                                          
     experience where after  seeing and MD for an  itchy condition she                                                          
     was told to put  on calamine lotion and soak in  Epson salts.  He                                                          
     took her  to a  naturopath who  immediately had  her get  a blood                                                          
     test.  It was  found that she had a tumor in her  bile duct.  She                                                          
     was within  a couple of months  of dying and it  was a naturopath                                                          
     that  saved her  life, he  stated.   The MD  did not  address her                                                          
     medical condition.                                                                                                         
                                                                                                                                
     Number 1263                                                                                                                
                                                                                                                                
     DR.  COMPTON replied  that he  thinks that  there is  a lot  that                                                          
     naturopaths can  offer.  A  lot can be said  for a good  diet and                                                          
  exercise.  He said well-trained physicians do miss diagnose.                                                                  
                                                                                                                                
     REPRESENTATIVE WOLF clarified  that he is not  talking about diet                                                          
     and exercise.                                                                                                              
                                                                                                                                
     DR. COMPTON  admitted that  there are  some naturopaths  that are                                                          
     very  sharp and  well intentioned.   There  are also  those whose                                                          
     training does not  include science.  In allopathic  medicine if a                                                          
     doctor were  to provide a  patient with  a treatment that  had no                                                          
     scientific  or rational  basis and  which had  not been  shown to                                                          
     help people,  it would be  considered malpractice, he said.   Dr.                                                          
     Compton  commented  that  Representative  Wolf's  mother  had  an                                                          
     unfortunate  experience,  but  believes that  another  allopathic                                                          
     doctor  would  have eventually  diagnosed  the  jaundice she  was                                                          
     experiencing.                                                                                                              
                                                                                                                                
     REPRESENTATIVE  WOLF  asked  if  Dr.  Compton  is  familiar  with                                                          
     multiple  myeloma   and  asked   what  he  would   prescribe  for                                                          
     treatment.                                                                                                                 
                                                                                                                                
     DR. COMPTON  responded that multiple  myeloma is  usually treated                                                          
     with chemotherapy.   He clarified  that he is a  cardiologist and                                                          
     has not  worked in  oncology in  over 12  years so  he is  not an                                                          
     expert in that field.                                                                                                      
                                                                                                                                
     Number 1408                                                                                                                
                                                                                                                                
     REPRESENTATIVE WOLF  said that several  treatment centers  in the                                                          
     Lower  48  are  now  saying  that  chemotherapy  will  not  touch                                                          
     myeloma.   He explained that  a dear  friend who passed  away had                                                          
     myeloma  and the  doctors wanted  to  prescribe chemotherapy  for                                                          
     him.                                                                                                                       
                                                                                                                                
     DR. COMPTON replied  that this is an  especially vulnerable group                                                          
     of  people.    A  good  oncology practice  will  be  involved  in                                                          
     clinical trials.   The heart of  it is that therapies  for cancer                                                          
     are all pretty  miserable.  He said that if  a therapy is offered                                                          
     it  is  important  to  know  if  it works  or  not.    There  are                                                          
     nationwide protocols  to see if  survival rates can  be improved.                                                          
     A competent oncologist  can tell a patient what the  state of the                                                          
     art treatment is for whatever cancer a  person has.  He said if a                                                          
     cancer patient  goes to a  naturopath he/she could be  assured of                                                          
     getting better with an herb or  therapy, but there is no clinical                                                          
     or trial  data available for the  treatment.  All the  data comes                                                          
     from  testimonial  studies  or  belief systems,  he  added.    In                                                          
     conclusion he said  the strength of allopathic  medicine is based                                                          
     on scientific methods.   All therapies have a  potential for harm                                                          
     and it  is essential to  know that a therapy's  benefit outweighs                                                          
     the potential for harm, Dr. Compton stated.                                                                                
                                                                                                                                
     Number 1589                                                                                                                
                                                                                                                                
     CHAIR WILSON announced that the bill will be held in committee.                                                            

Document Name Date/Time Subjects