Legislature(2013 - 2014)CAPITOL 120
02/28/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB269 | |
| HJR18 | |
| HB284 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HJR 18 | TELECONFERENCED | |
| += | HB 284 | TELECONFERENCED | |
| += | HB 269 | TELECONFERENCED | |
HB 269-IMMUNITY FOR VOL. HEALTH CARE PROVIDER
1:05:05 PM
CHAIR KELLER announced the first order of business would be
HOUSE BILL NO. 269, "An Act providing immunity for certain
licensed temporary health care providers who provide free health
care services." [CSHB 269(HSS) is before the committee.]
1:05:35 PM
REPRESENTATIVE GRUENBERG moved to adopt proposed committee
substitute (CS) for HB 269, Version 28-LS1251\C, Wallace,
2/28/14, as the working document.
[CHAIR KELLER indicated an objection.]
1:06:23 PM
JANE PIERSON, Staff, Representative Steve Thompson, Alaska State
Legislature, stated that in accordance with Representative
Gruenberg's suggestion, on page 2, line 8, following the word
"consent" the language "in writing" was inserted. Per the Board
of Nurses suggestion on page 2, lines 14-18, the following
language was inserted: "; and (C) provides the person receiving
health care services with written notice of the name of a
licensed health care provider in the state that the person
receiving health care services may contact for emergency follow-
up care within 30 days after a procedure is performed."
1:07:30 PM
REPRESENTATIVE LEDOUX questioned whether the person contacted
for emergency follow-up care is required to perform the service
free of charge.
MS. PIERSON answered "No," it would not mean [free] although the
MOM event is providing services for 30 days following the event.
REPRESENTATIVE LEDOUX further questioned Ms. Pierson whether it
would not mean [free of charge], although the Alaska Mission of
Mercy (AKMOM) event is providing [free] services for 30 days
following the event.
1:08:21 PM
DAVID LOGAN, DDS, Alaska Dental Society, clarified that for the
MOM event all care and follow-up care is provided without
charge.
1:09:19 PM
CHAIR KELLER removed his objection. There being no further
objection, Version C was before the committee.
1:09:33 PM
CHAIR KELLER re-opened public testimony.
1:09:41 PM
REPRESENTATIVE GRUENBERG referred to a 2/26/14 memorandum from
Megan Wallace, Legislative Counsel, directed to Representative
Wes Keller, which he assumed is a result of questions emanating
before the bill arrived in the House Judiciary Standing
Committee. He requested someone knowledgeable explain the
memorandum so the committee can determine whether more work is
required on the bill.
1:11:19 PM
MS. PIERSON, referring to the memorandum from Megan Wallace,
dated 2/26/14, directed attention to the first question and
offered her understanding that HB 269 does not specifically
affect AS 09.65.300(a), Military Courtesy License. However, it
may create some ambiguity for temporary courtesy license holders
as the bill currently includes only one type of temporary
courtesy license and covers the definition of health care
provider.
1:12:01 PM
REPRESENTATIVE GRUENBERG quiered whether it is the sponsor's
desire that HB 269 be altered to also cover military courtesy
licenses.
MS. PIERSON responded with her belief that [HB 269] does [cover
military courtesy license]. She explained that if the goal is
for temporary licenses to be under all health care providers and
not specifically under dental providers licensed through boards,
she directed attention to question 2 which reads that "the bill
may create some ambiguity as it relates to the inclusion of
these temporary licenses" since HB 269 only specifically
includes temporary courtesy licenses issued under AS 08.01.062
[in the definition] of "health care provider." However, there
is a chance the court could interpret the language to mean that
only persons holding temporary courtesy licenses issued under
the statute are eligible for immunity.
MS. PIERSON, referring to question 4, pointed out that if the
goal is for all medical providers to be covered under this, then
Ms. Wallace recommended revising the [new] language in Section
1(a)(1) to read: "in this paragraph, health care provider
includes a health care provider who holds a temporary license or
permit." The aforementioned would then cover chiropractors,
physicians, nurses, and dentists.
1:14:22 PM
REPRESENTATIVE GRUENBERG stated his preference that language in
the bill is clear rather than ambiguous.
1:15:10 PM
CHAIR KELLER questioned Representative Gruenberg regarding what
he is specifically suggesting, as the language in Version C has
reduced the ambiguity.
1:15:29 PM
REPRESENTATIVE GRUENBERG expressed the need to have language
that is clear and relates the [sponsor's] preference. He said
he didn't want to put forth legislation that would breed
litigation.
1:16:15 PM
DR. LOGAN referred to the proposed language on page 2 [of the
2/26/14 memorandum] and opined that deleting the term "courtesy"
and inserting [language to the effect of] "all temporary
licenses and permits" would include courtesy licenses, temporary
licenses, and locum tenens licenses and the language would only
affect health care providers in this statute performing free
health care services. Although the ADS does not mind the
language speaking solely for courtesy licenses since the dental
board does not offer temporary licenses, he proffered that there
is wisdom in making it all inclusive to remove possible
ambiguity.
1:18:14 PM
REPRESENTATIVE GRUENBERG highlighted that the only person who
has testified on the bill is Dr. Logan on behalf of the
dentists. He recommended that prior to expanding the
legislation to include physicians, nurses and chiropractors
those boards should testify as to their preference to the
committee. He then questioned whether the intent of the sponsor
is to leave [the language to address only] temporary courtesy
licenses with dentists.
MS. PIERSON related her belief that this goes to the original
legal opinion Representative Thompson received from Legislative
Legal and Research Services, which questioned why this bill is
even necessary as the matter is already covered. However, since
the Department of Law's (DOL) response was that it may or may
not be covered, the sponsor decided to "tighten up" the language
and ensure there is not a lengthy court case to determine
whether or not these dentists are covered for this function. In
further response to Representative Gruenberg, Ms. Pierson
confirmed that the bill's language is sufficiently tight for the
dentists.
1:20:28 PM
The committee took a brief at-ease.
1:22:22 PM
REPRESENTATIVE GRUENBERG questioned Ms. Wallace whether she
believes the bill's intention is to cover this particular dental
program [AKMOM] and no other licenses, and if there is ambiguity
in the language.
MEGAN WALLACE, Attorney at Law, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency explained the bill currently is drafted to define health
care provider to include courtesy licenses issued under AS
08.01.062. She opined that it is under Business and
Professions, Centralized Licensing and that provision applies to
a list of boards cited in AS 08.01.010. The legislation as
drafted does not only pertain to dentists as it applies
temporary courtesy licenses issued by any of the boards under AS
08.01.010 that issue a courtesy license through the provision in
AS 08.01.062, she explained.
1:23:57 PM
REPRESENTATIVE GRUENBERG conveyed his impression that according
to Ms. Wallace's testimony, the drafted legislation applies to
more than dentists and more than this license. If the
aforementioned is the case, he suggested the language in HB 269
should be clarified and clearly limited to dentists with
temporary courtesy licenses.
SARA CHAMBERS, Administrative Operations Manager, Division of
Corporations, Business, and Professional Licensing, Department
of Commerce, Community, and Economic Development, advised that
her understanding is concurrent with that of Ms. Wallace in that
as HB 269 currently drafted, would include any health care
provider as stated. She explained that the courtesy licensing
section, AS 08.01.062, is a broad centralized authority that
defers to [the state's] licensing boards and programs to then
create regulations to manage how the boards and programs define
and govern a courtesy license. This could be expressed in
different ways by different boards and certainly health care
provider is defined in the bill. Ms. Chambers offered to
provide clarification of the difference between a temporary
license and a courtesy license.
1:25:59 P M
CHAIR KELLER recalled earlier remarks that the bill may pose a
problem for health care providers who have not been present to
testify and asked Ms. Chambers if she anticipated any concerns
with the change embodied in HB 269.
MS. CHAMBERS, noting that she is not speaking on behalf of any
of the boards, related that in the past she has not been
presented with a situation that would seem to be in conflict
[with HB 269]. Although from an administrative standpoint it
would pose no additional conflict or burden, she deferred to the
boards to make that determination.
1:27:08 PM
REPRESENTATIVE GRUENBERG expressed the need to be on firm ground
before making a change. Therefore, Representative Gruenberg
stated his preference to limit the language to temporary
courtesy licenses for dentists.
1:27:54 PM
MS. PIERSON directed attention to the committee member's packets
wherein there are letters of support from the Alaska Pharmacists
Association and the Alaska State Medical Association. The
concerns expressed by the Alaska Board of Nursing, have been
alleviated and therefore she anticipated a letter of support
from the board. Although the sponsor has not heard from the
Board of Chiropractic Examiners, she said she does not know the
amount of pro bono chiropractic work that is performed.
1:28:46 PM
CHAIR KELLER proposed the committee proceed forward with HB 269
as it had not yet been heard in the Alaska State Senate. He
opined that the bill has been duly notified on the record and if
the legislature has not heard from the Alaska State Board of
Chiropractic Examiners by the time HB 269 is in the House Rules
Standing Committee or in the Senate, it can be assumed there is
not a problem.
1:29:16 PM
REPRESENTATIVE GRUENBERG noted that most of the referenced
letters favor the extension [of immunity] to them.
1:29:46 PM
CHAIR KELLER closed public testimony.
1:30:04 PM
REPRESENTATIVE LYNN moved to report CSHB 269, Version 28-
LS1251\C, Wallace, 2/28/14, out of committee with individual
recommendations and the accompanying fiscal notes.
1:30:34 PM
REPRESENTATIVE GRUENBERG objected for discussion and directed a
question to Ms. Wallace. He stated that the committee's
[intent] is that the bill include the [Alaska State Medical
Board, Alaska Board of Nursing, and the Alaska State Board of
Chiropractic Examiners] and questioned Ms. Wallace whether she
was aware of clarifying language to eliminate ambiguity in that
regard.
MS. WALLACE advised that the bill will cover temporary courtesy
licenses for the professions listed in the centralized licensing
statute. She noted that the only possibility for ambiguity is
whether the definition of health care provider is to include
persons or health care providers who hold "other kinds of
temporary licenses or permits." In other words, [the ambiguity]
is whether the [sponsor] is limiting the scope of AS
09.65.300(a) to only cover health providers who have a temporary
courtesy license under AS 08.01.062 or whether the bill is to
also include health care providers who hold temporary licenses
or permits under other statutes.
1:32:15 PM
REPRESENTATIVE GRUENBERG clarified that the question has become
the type of license that may be covered is not normally a
question within the House Judiciary Standing Committee's
jurisdiction. Although the committee is aware of the dentist's
licensing structure, there has not been any testimony from the
other professions or their types of licenses.
1:33:04 PM
The committee took a brief at-ease.
1:34:15 PM
MS. PIERSON assured the committee that as HB 269 moves forward,
she will endeavor to work with Ms. Chambers and the boards
regarding health care providers under "other" temporary licenses
and permits to determine what they are and what is covered. She
noted that if there is a problem, the bill will go to the House
Rules Standing Committee before going to the House floor.
1:34:57 PM
REPRESENTATIVE GRUENBERG requested a list of professions and
licenses covered under HB 269 before it goes to the floor.
REPRESENTATIVE GRUENBERG removed his objection. There being no
objections CSHB 269(JUD) was reported from the House Judiciary
Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HJR 18~Responses to Feb 19 House Judiciary Questions.pdf |
HJUD 2/28/2014 1:00:00 PM |
HJR 18 |
| HJR 18 Support Document~AK Constitutional Convention Minutes on Electing Attorney General.pdf |
HJUD 2/28/2014 1:00:00 PM |
HJR 18 |
| HB 269 Leg. Legal Response to Questions.pdf |
HJUD 2/28/2014 1:00:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 269 |
| CSHB 269 (JUD) ver. C Draft.pdf |
HJUD 2/28/2014 1:00:00 PM SL&C 3/27/2014 1:30:00 PM |
HB 269 |