Legislature(1999 - 2000)

05/14/1999 03:24 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                                                                                
CSSB 71(RLS) am - PHYSICIAN LICENSURE CHANGES                                                                                   
                                                                                                                                
Number 0533                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG announced the committee's next order of business                                                              
is CSSB 71(RLS) am, "An Act relating to licensure by the State                                                                  
Medical Board."  The chairman invited the sponsor's representative                                                              
forward.                                                                                                                        
                                                                                                                                
Number 0559                                                                                                                     
                                                                                                                                
SHARON CLARK, Legislative Assistant to Senator Mike Miller, Alaska                                                              
State Legislature, came forward to present SB 71 as aide to the                                                                 
Senate Health, Education and Social Services Standing Committee                                                                 
(Senate HESS), the bill sponsor.  Ms. Clark informed the committee                                                              
SB 71 had been introduced by the Senate HESS Committee at the                                                                   
request of the State Medical Board, which fully supports this bill.                                                             
This legislation resolves licensure problems for the board, updates                                                             
the Alaska Statutes in relation to other states, and corrects                                                                   
unintended problems within the current law.  Ms. Clark noted the                                                                
members of the State Medical Board appreciate the scheduling of SB
71 before the House Labor and Commerce Standing Committee.  She                                                                 
indicated Dr. Sarah Isto, Chair of the State Medical Board, and Dr.                                                             
Martha Cotten [State Medical Board member], both instrumental in                                                                
bringing this legislation to the Senate HESS Committee, are                                                                     
present.                                                                                                                        
                                                                                                                                
MS. CLARK explained the Senate version of SB 71 [CSSB 71(RLS) am]                                                               
had been heard that morning in the House HESS Committee.  A                                                                     
conceptual amendment was adopted to page 2, lines 12 and 13, of                                                                 
CSSB 71(RLS) am, and was probably in the committee members' bill                                                                
packets.  The conceptual amendment deleted the language, "; and (5)                                                             
be a citizen of the United States or be lawfully admitted for                                                                   
permanent residence" [current statute, AS 08.64.200(a)(5)].  Ms.                                                                
Clark indicated the bill sponsor had no problem with the amendment,                                                             
and she stated, "The committee substitute was adopted and the                                                                   
amendment was adopted, and it moved out of committee."  Ms. Clark                                                               
noted Dr. Isto would speak on the legislation's specifics.  Ms.                                                                 
Clark urged the committee to support the legislation; it is a good                                                              
bill, it does what the State Medical Board wants.  She informed the                                                             
committee that Catherine Reardon of the Division of Occupational                                                                
Licensing had also been behind the legislation.  Ms. Clark                                                                      
indicated all involved had worked very hard.                                                                                    
                                                                                                                                
Number 0709                                                                                                                     
                                                                                                                                
SARAH ISTO, MD, Chair, State Medical Board, Division of                                                                         
Occupational Licensing, Department of Commerce and Economic                                                                     
Development, came forward to testify in support of SB 71.                                                                       
Indirectly referring to her previous testimony in support of SB 29                                                              
at this same committee meeting, Dr. Isto said SB 71 also addresses                                                              
the statutes which govern the State Medical Board.  The legislation                                                             
takes care of several housekeeping issues for the board.  Currently                                                             
the board cannot renew the 60-day temporary licenses for                                                                        
replacement physicians, so-called locums licenses [from "locum                                                                  
tenens"], unless a quorum of the board meets.  Gathering a quorum                                                               
together every 60 days to renew one or two licenses is awkward                                                                  
since the board meets quarterly.  This change would allow the board                                                             
to designate the staff to do renewals under a protocol.  The                                                                    
legislation would allow the board to designate staff to handle                                                                  
issues of physicians who are late in turning in their continuing                                                                
education credits.  Currently, this is supposed to be handled at a                                                              
board meeting, which is, again, an awkward issue.  The legislation                                                              
would also allow the board to consider an applicant's felony                                                                    
history.  If an applicant has a Class A or unclassified felony, the                                                             
board would be able to consider that when a person applies for                                                                  
licensure.                                                                                                                      
                                                                                                                                
DR. ISTO described that a person who had killed his/her partner by                                                              
beating the partner to death while the partner was sleeping had                                                                 
applied for a license from prison.  This felony was not in the                                                                  
practice of medicine and Dr. Isto noted Alaska Statute currently                                                                
says "only if you commit that sort of crime during the practice of                                                              
medicine."  The State Medical Board was not allowed to consider                                                                 
that [felony] in the application.  Dr. Isto commented she is                                                                    
thankful to say this application had other deficiencies.  Finally,                                                              
Dr. Isto informed the committee that SB 71 addresses postgraduate                                                               
medical education for United States and Canadian [medical school]                                                               
graduates.  It would require new graduates - those who have                                                                     
graduated in 1995 or thereafter - to have two years of postgraduate                                                             
training.  This is because nearly all [medical] residencies are                                                                 
three to five years.  The Canadian family practice residency is two                                                             
years; the osteopathic residency is two years.  Those are the only                                                              
exceptions.  Dr. Isto commented it is standard to expect that a                                                                 
medical school graduate will complete the residency before applying                                                             
for a license.  This provides the State Medical Board some                                                                      
guarantee of the person's quality.  Physicians who graduated in                                                                 
1985 and have been practicing in the state of Washington for 10                                                                 
years are no problem for the State Medical Board; these people have                                                             
a practice history the board can rely on.  Dr. Isto indicated this                                                              
would only apply to new graduates.                                                                                              
                                                                                                                                
Number 0873                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI questioned if there is a requirement for                                                               
something like an FBI [Federal Bureau of Investigation] background                                                              
check prior to licensure of a new applicant.                                                                                    
                                                                                                                                
DR. ISTO indicated there is the National Practitioner Data Bank                                                                 
(NPDB) [Health Resources and Administration, U.S. Department of                                                                 
Health and Human Services], a data bank that includes all                                                                       
malpractice actions, board disciplinary actions, medical school                                                                 
disciplinary actions, residency disciplinary actions, and negative                                                              
hospital actions.  That is the background check.  As it happens, if                                                             
an individual has committed some sort of crime, often the medical                                                               
board in another state, a hospital, or other entity, has taken                                                                  
action and so some of that information comes into it.  However,                                                                 
there is not an FBI check.  Dr. Isto indicated the board does have                                                              
fairly extensive information on applicants because it has an                                                                    
applicant's entire four-year medical school history, three years of                                                             
postgraduate training, and any work history; therefore, the board                                                               
feels it has a fairly good understanding of a person's doings for                                                               
at least the past seven years.                                                                                                  
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted previous discussion in the committee                                                             
of the case, she believes, involving a Dillingham pharmacist who                                                                
was eventually charged with giving young boys drugs in exchange for                                                             
sexual favors.  Representative Murkowski believed the pharmacist                                                                
had had a [criminal] background in another state.  She said she was                                                             
surprised to learn there is not the full FBI criminal background                                                                
check.  As a lawyer, they are checked out through that.  Therefore,                                                             
Representative Murkowski noted, unless it was a medical-related                                                                 
issue, it is not going to follow the person.                                                                                    
                                                                                                                                
DR. ISTO agreed that is correct; however, in the case of a doctor,                                                              
if a doctor had some kind of conviction relating to sexual                                                                      
misconduct, a medical board would take action, and so that would                                                                
enter the practitioner data bank.  Dr. Isto said she does not know                                                              
much about pharmacy, pharmacists, and how that kind of information                                                              
is kept.  She is fairly confident that drug issues and sexual                                                                   
misconduct would appear in the National Practitioner Data Bank.                                                                 
Other sorts of things like financial crimes, et cetera, probably                                                                
would not.                                                                                                                      
                                                                                                                                
Number 1054                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG noted the presences of Representative John                                                                    
Coghill, Jr. and Representative Eric Croft.                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO noted Dr. Isto's mention that the State                                                                   
Medical Board meets quarterly.  He questioned what would happen in                                                              
a case involving misconduct.                                                                                                    
                                                                                                                                
DR. ISTO responded the board has emergency teleconference meetings                                                              
and the board is very happy to do that.  Indicating the board is                                                                
made up of volunteers, she noted it is a little more difficult to                                                               
energize the board to meet to renew a doctor's 60-day permit at the                                                             
hospital's request when there are no problems with the person.  Dr.                                                             
Isto indicated the board considers this a non-emergency issue and                                                               
would like to make this process work more smoothly for the board.                                                               
                                                                                                                                
REPRESENTATIVE CISSNA indicated she assumes drunken driving would                                                               
probably catch a relevant entity's attention, but she asked about                                                               
other alcohol-related items.                                                                                                    
                                                                                                                                
DR. ISTO answered it is a state requirement for hospitals to report                                                             
within 24 hours to the State Medical Board if they are concerned                                                                
that a physician is coming to work drunk, misusing alcohol, is                                                                  
present using alcohol in the hospital.  She thinks hospitals are                                                                
quite careful and defensive about reporting.  Dr. Isto indicated                                                                
the board does receive these reports in the required manner.                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA asked about someone coming from another                                                                   
state, where perhaps there had been some real problems which                                                                    
reached the courts but not the hospital, [medical] board, et                                                                    
cetera.                                                                                                                         
                                                                                                                                
DR. ISTO noted each state has its own separate licensing laws, but                                                              
there are many similarities.  She thinks there isn't any state that                                                             
does not concern itself with substance misuse.  These are emergency                                                             
issues because of the risk to patients from care by an incompetent                                                              
provider.  She thinks that most of those [cases] come to the                                                                    
attention of a board.                                                                                                           
                                                                                                                                
REPRESENTATIVE CISSNA questioned if there is any way of checking                                                                
the records, et cetera, of people coming from other countries.                                                                  
                                                                                                                                
DR. ISTO responded she is hoping SB 29 will pass; SB 29 would                                                                   
require foreign medical school graduates to have been under close                                                               
observation in a residency for three years.  Dr. Isto indicated the                                                             
State Medical Board would need to depend on that three years of                                                                 
close observation as protection if something arises.  She further                                                               
indicated that if someone has a problem, things usually do appear                                                               
within three years, although not always.                                                                                        
                                                                                                                                
Number 1273                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI referred to Section 5 of HCS CSSB 71(HES).                                                             
She expressed confusion with this ability of substituting.  [HCS                                                                
CSSB 71(HES), Section 5 read:                                                                                                   
                                                                                                                                
     * Sec. 5.  AS 08.64.275(a) is amended to read:                                                                             
          (a) A member of the board or its executive secretary                                                                  
     may grant a temporary permit to a physician or osteopath                                                                   
     for the purpose of substituting for another physician or                                                                   
     osteopath licensed in this state.  The permit is valid                                                                     
     for 60 consecutive days.  If circumstances warrant, an                                                                     
     extension of the permit may be granted by the board or                                                                     
     its designee.]                                                                                                             
                                                                                                                                
DR. ISTO explained there is a temporary license, a locums license,                                                              
which requires a person to have a clear existing license in another                                                             
state.  It is a somewhat faster licensing process but the license                                                               
is for a much shorter period.  This license would be used, for                                                                  
example, when a physician goes on vacation or becomes ill.  Under                                                               
this temporary license there must be a clinic, hospital, or                                                                     
someone, monitoring and vouching for the person's work.                                                                         
                                                                                                                                
REPRESENTATIVE MURKOWSKI questioned if there is a maximum time                                                                  
period.                                                                                                                         
                                                                                                                                
DR. ISTO answered it is 60 days, but it may be renewed twice upon                                                               
request of the hospital or the clinic - the supervising body - but                                                              
not at the practitioner's request.  She indicated this request from                                                             
the supervising body had to be submitted to the State Medical Board                                                             
in writing.                                                                                                                     
                                                                                                                                
Number 1356                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG confirmed there were no further questions for Dr.                                                             
Isto or further witnesses on SB 71.  Therefore, the chairman closed                                                             
the public hearing on the legislation.                                                                                          
                                                                                                                                
Number 1377                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO made a motion to move HCS CSSB 71(HES) out of                                                             
committee with individual recommendations and the attached zero                                                                 
fiscal note.  There being no objection, HCS CSSB 71(HES) moved out                                                              
of the House Labor and Commerce Standing Committee.                                                                             

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