Legislature(2021 - 2022)DAVIS 106

03/29/2022 03:00 PM House HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 292 HOME AND COMMUNITY-BASED WAIVER SERVICES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB 392 EXPAND ADV. PRAC. REG. NURSE AUTHORITY TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 392-EXPAND ADV. PRAC. REG. NURSE AUTHORITY                                                                      
                                                                                                                                
3:09:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SNYDER announced that the  first order of business would                                                               
be  HOUSE BILL  NO. 392,  "An Act  relating to  advanced practice                                                               
registered  nurses; and  relating to  death certificates,  do not                                                               
resuscitate orders, and life sustaining treatment."                                                                             
                                                                                                                                
3:10:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SNYDER, as  prime sponsor of HB 392,  began by providing                                                               
the  motivation behind  HB 392.   She  explained that  there have                                                               
been  concerns over  delays in  government benefits  that require                                                               
death  certificates,  as  well  as an  increased  cost  of  those                                                               
services  to  families.    She   mentioned  further  concern  for                                                               
obstruction  of  care for  the  seriously  ill and  patient  harm                                                               
resulting  from  inadequate  documentation of  care  preferences.                                                               
She described the purpose of  the bill as expanding the signature                                                               
authority  for  death  certificates,  do  not  resuscitate  (DNR)                                                               
orders,  and  physician   orders  for  life-sustaining  treatment                                                               
(POLST)  to  advance practice  registered  nurses  (APRNs).   She                                                               
explained  that  APRNs  are registered  nurses  with  additional,                                                               
specialized   training   that   have  been   able   to   practice                                                               
independently  as  primary  care practitioners  in  Alaska  since                                                               
1984.  She highlighted that  although APRNs regularly oversee end                                                               
of life  care and  help families  make important  care decisions,                                                               
they cannot sign  any of the documents  finalizing those choices.                                                               
In current  statute, only licensed  physicians were able  to sign                                                               
this  paperwork, which  she  reported  has caused  administrative                                                               
delays and  undue stress for  the families.  She  emphasized that                                                               
HB 392  will simply  allow ARPNs to  sign off on  a type  of care                                                               
that they have provided for years.                                                                                              
                                                                                                                                
3:14:41 PM                                                                                                                    
                                                                                                                                
ALLIANA  SALANGUIT,  Staff,  Representative  Liz  Snyder,  Alaska                                                               
State  Legislature, on  behalf  of  Representative Snyder,  prime                                                               
sponsor, gave the sectional analysis  for HB 392 [included in the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Sec. 1:  Amends AS 08.68.700(a) Determination  of death                                                                  
     by  registered nurse  by  allowing  a Registered  Nurse                                                                    
     (RN) to pronounce  or determine a death of  a person if                                                                    
     a  physician  or  advanced  practice  registered  nurse                                                                    
     (APRN)  has  documented  in  the  person's  medical  or                                                                    
     clinical   record   that    the   person's   death   is                                                                    
     anticipated.                                                                                                               
                                                                                                                                
     Sec. 2:  Amends AS  08.68.700(b) by  allowing an  RN to                                                                  
     sign a  determination of death  if a physician  or APRN                                                                    
     has previously documented the person's condition.                                                                          
                                                                                                                                
     Sec. 3: Amends  AS 08.68.700(c) by allowing  an APRN to                                                                  
     certify a death determined by  an RN within 24 hours of                                                                    
     the determination of death.                                                                                                
                                                                                                                                
     Sec. 4:  Amends to 08.68.700(d) by  adding "an advanced                                                                  
     practice registered  nurse" as  a conforming  change to                                                                    
     statute regarding health  care facilities' policies and                                                                    
     procedures  for  determination   and  pronouncement  of                                                                    
     death by a registered nurse.                                                                                               
                                                                                                                                
     Sec.  5:   Amends  AS  13.62.065  Do   not  resuscitate                                                                  
     protocol   and  identification   requirements  (a)   by                                                                    
     allowing APRNs to issue a do not resuscitate order.                                                                        
                                                                                                                                
     Sec. 6  & 7: Adds  conforming language to  AS 13.62.065                                                                  
     Do   not   resuscitate  protocol   and   identification                                                                    
     requirements to  ensure APRNs are  subject to  the same                                                                    
     rules and protocols as physicians.                                                                                         
                                                                                                                                
     Sec.  8:  Adds  language  to  AS  13.62.065(f)  Do  not                                                                  
     resuscitate  protocol  and identification  requirements                                                                    
     allowing APRNS to revoke a do not resuscitate order.                                                                       
                                                                                                                                
     Sec.  9:  Adds  "or  an  advanced  practice  registered                                                                  
     nurse"  to 13.52.080(a)(5)  Immunities as  a conforming                                                                    
     change.                                                                                                                    
                                                                                                                                
     Sec. 10: Amends AS  13.52.100(c) Capacity by adding "an                                                                  
     advanced   practice  registered   nurse"  to   language                                                                    
     regarding protocols  and how do not  resuscitate orders                                                                    
     govern     decisions      regarding     cardiopulmonary                                                                    
     resuscitation and other life-sustaining procedures.                                                                        
                                                                                                                                
     Sec. 11:  Amends AS 13.52.300  Optional Form  by adding                                                                  
     "an   advanced  practice   registered  nurse"   to  the                                                                    
     Advanced Health Care Directive Form.                                                                                       
                                                                                                                                
     Sec. 12: Amends AS  13.52.390(12) Definitions by adding                                                                  
     "an  advanced practice  registered  nurse" to  language                                                                    
     defining "do not resuscitate order."                                                                                       
                                                                                                                                
     Sec. 13: Amends AS  13.52.390(23) Definitions by adding                                                                  
       n  advanced practice  registered  nurse" to  language                                                                    
     defining "life-sustaining procedures."                                                                                     
                                                                                                                                
     Sec.  14:  Adds a  new  paragraph  to AS  13.52.390(38)                                                                  
     defining  an "advanced  practice  registered nurse"  by                                                                    
     referring to the definition in AS 08.68 Nursing.                                                                           
                                                                                                                                
     Sec. 15: Amends AS  18.15.230(c) by adding an "advanced                                                                  
     practice  registered  nurse"  to the  instructions  for                                                                    
     completing a death certificate.                                                                                            
                                                                                                                                
3:16:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SNYDER proceeded with invited testimony.                                                                               
                                                                                                                                
3:17:02 PM                                                                                                                    
                                                                                                                                
MARIANNE JOHNSTONE-PETTY, Alaska Advance Practice Registered                                                                    
Nurses (APRN) Alliance, explained that "APRN" was an umbrella                                                                   
term for  a variety of  practitioners, including  certified nurse                                                               
practitioners  (CNPs),  adding  that   all  APRN's  must  have  a                                                               
master's or  doctorate degree and additional  specialty training.                                                               
She mentioned  that the  bill focuses  on CNPs  in their  role as                                                               
independent practitioners.   As independent practitioners  in the                                                               
state,  she explained  that  CNPs were  able  to give  diagnoses,                                                               
initiate and  manage treatment  plans, and  prescribe medication,                                                               
all under  their own  license without need  for supervision  or a                                                               
collaborative agreement.   She listed the  many places throughout                                                               
the state's  medical system where  APRNs practice,  including the                                                               
many practitioners who  own their own clinics  as trusted primary                                                               
care providers.   However, she  reported that APRNs  with clients                                                               
facing severe illness were unable to  sign off on DNRs, POLST, or                                                               
death certificates, and must instead  coordinate with a physician                                                               
to do so  for them.   She  stated that out of the  24 states that                                                               
license ARPNs  as independent practitioners, Alaska  was the only                                                               
one without signature  authority for those three  documents.  She                                                               
explained  that  a  POLST  was  a  medical  order  that  requires                                                               
emergency care providers  be informed of DNR orders,  and that it                                                               
was a  new program  for Alaska  that has been  worked on  by many                                                               
members of the  state's medical community to  incorporate it into                                                               
the national POLST program.   She said that national POLST policy                                                               
actively  encourages APRNs  to  have the  ability  to sign  POLST                                                               
orders to  increase patient access.   She voiced her  belief that                                                               
the  bill  would  align APRN  signature  authority  with  already                                                               
existing licensure  and statue,  which she opined  would decrease                                                               
costs and reduce other barriers  to proper health care, including                                                               
untimely  processing   of  death  certificates,   obstruction  of                                                               
serious  illness care  for those  living rurally,  and inadequate                                                               
document completion.   She emphasized her support for  HB 329 and                                                               
the  importance of  correcting  statute so  that  ARPNs have  the                                                               
appropriate  signing authority  to care  for their  patients with                                                               
serious illnesses.                                                                                                              
                                                                                                                                
3:22:26 PM                                                                                                                    
                                                                                                                                
STEPHANIE  BIRCH,  as  a  practicing  APRN,  explained  that  the                                                               
primary care  clinic she  works for  has a  focus on  adults with                                                               
chronic  illness,  many  of  whom  are  elderly  and  relying  on                                                               
Medicaid or  Medicare.  She  shared that Alaskans  facing chronic                                                               
illness have  to navigate a  complex healthcare system  and often                                                               
struggle to  get appropriate  care.   She explained  that because                                                               
her clinic is run entirely by  APRNs, when a patient passes away,                                                               
the  APRNs  are unable  to  sign  the necessary  documents,  even                                                               
though  they may  have been  that person's  primary provider  for                                                               
many years.   She noted that there is  reluctance from consulting                                                               
physicians  to  sign  death certificates  due  to  their  limited                                                               
involvement with  the patient, which  forces the APRN to  pay out                                                               
of  pocket  for  a  physician  to  sign  the  certificate.    She                                                               
described the extra time and cost  this takes as a burden on both                                                               
the families and  the practitioners.  She urged  the committee to                                                               
pass HB 392  out of committee to allow APRNs  to provide the care                                                               
that Alaska families deserve.                                                                                                   
                                                                                                                                
3:26:11 PM                                                                                                                    
                                                                                                                                
SHANNON  HILTON,  American  Association of  Nurse  Practitioners,                                                               
stated  that  APRNs served  a  critical  role in  providing  high                                                               
quality  care  across  the  state   and  that  outdated  statutes                                                               
preventing  signing authority  on  end-of-life documents  impeded                                                               
the  work APRN's  already do.   She  described the  importance of                                                               
these  documents   in  providing  care  that   aligned  with  the                                                               
patient's  wishes  and  emphasized   that  the  lack  of  signing                                                               
authority for nurse practitioners  (NPs) created undue stress and                                                               
delay of  process.   She opined that  the disconnect  between the                                                               
statute-given  ability to  treat patients  and inability  to sign                                                               
these important documents meant  that her extensive knowledge and                                                               
advanced  care planning  expertise was  unrecognized by  the law.                                                               
She emphasized  her belief  that passing HB  392 would  honor the                                                               
autonomy of Alaskans and respect  patient choice.  She reiterated                                                               
that other  states have  seen great success  in giving  APRNs the                                                               
additional signing authority and urged  the State of Alaska to do                                                               
the same.                                                                                                                       
                                                                                                                                
3:29:26 PM                                                                                                                    
                                                                                                                                
PRIYA KEANE,  Doctor of Nursing Practice,  informed the committee                                                               
that  she is  a CRN  that specializes  in hospice  and palliative                                                               
care in a hospital setting.   She explained that in this setting,                                                               
she cares  for patients and  their families who are  either newly                                                               
receiving serious  diagnoses or  dealing with an  exacerbation of                                                               
an  existing  illness, and  that  her  team often  liaisons  with                                                               
primary  care physicians  to navigate  the difficult  discussions                                                               
around patients'  goals of care,  including DNRs and POLST.   She                                                               
described  these  conversations  as "nuanced  and  understandably                                                               
emotional" and expressed her firm  belief that as the participant                                                               
in these  conversations, she should  also be the  one responsible                                                               
for signing and preparing the orders.   She said that there is an                                                               
undue   burden   of   wasted   time   and   rehashing   emotional                                                               
conversations placed on physicians  and families by this outdated                                                               
law.  She  voiced her belief that the bill  would streamline care                                                               
for all Alaskans and asked for an expeditious passing of HB 392.                                                                
                                                                                                                                
3:31:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SNYDER opened public testimony on HB 392.                                                                              
                                                                                                                                
3:32:04 PM                                                                                                                    
                                                                                                                                
CHRISTINE KRAMER,  representing self, testified in  support of HB
392,  as  an ARPN  working  in  an intensive  care  unit.     She                                                               
explained that part of her role  is to converse with patients and                                                               
their families upon admission to  determine their preferred "code                                                               
status," which includes DNR orders.   She reported that NPs are a                                                               
critical part of  a patient's care team and are  usually the ones                                                               
who care  for a patient  if their condition worsens  and document                                                               
their passing  with a  "death summary" report.   She  stated that                                                               
passing   HB  392   would  allow   the  person   responsible  for                                                               
documenting  a patient's  death  to sign  the death  certificate.                                                               
She restated her support for the proposed bill.                                                                                 
                                                                                                                                
3:33:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SNYDER, after  ascertaining that there were  no one else                                                               
who wished to testify, closed public testimony on HB 392.                                                                       
                                                                                                                                
[HB 392 was held over.]                                                                                                         

Document Name Date/Time Subjects
5. HB 392 Research - POLST FAQ 3.28.22.pdf HHSS 3/29/2022 3:00:00 PM
HHSS 4/14/2022 3:00:00 PM
HB 392
4. HB 392 Research - One Pager, 3.28.22.pdf HHSS 3/29/2022 3:00:00 PM
HHSS 4/14/2022 3:00:00 PM
HB 392
6. HB 392 Research - POLST Signature Requirement by state 3.28.22.pdf HHSS 3/29/2022 3:00:00 PM
HHSS 4/14/2022 3:00:00 PM
HB 392
3. HB 392 Sectional Analysis version A.pdf HHSS 3/29/2022 3:00:00 PM
HHSS 4/14/2022 3:00:00 PM
HB 392
2. HB 392 Sponsor Statement version A.pdf HHSS 3/29/2022 3:00:00 PM
HHSS 4/14/2022 3:00:00 PM
HB 392
8. HB 392 LOS since 3.28.22.pdf HHSS 3/29/2022 3:00:00 PM
HHSS 4/14/2022 3:00:00 PM
HB 392
7.HB 392 Research - APRN Practice Maps 3.28.22.pdf HHSS 3/29/2022 3:00:00 PM
HHSS 4/14/2022 3:00:00 PM
HB 392
1. HB 392 version A.PDF HHSS 3/29/2022 3:00:00 PM
HHSS 4/14/2022 3:00:00 PM
HB 392
HB 292 Amendment Packet, 3.22.22.pdf HHSS 3/22/2022 3:00:00 PM
HHSS 3/29/2022 3:00:00 PM
HB 292
HB 292 Amendments with votes.pdf HHSS 3/29/2022 3:00:00 PM
HB 292