Legislature(1999 - 2000)

03/31/2000 03:24 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SB  78-USE OF DRUGS BY OPTOMETRISTS                                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG announced the first order of business is SENATE                                                               
BILL NO. 78, "An Act relating to the use and prescription of                                                                    
pharmaceutical agents in the practice of optometry."                                                                            
                                                                                                                                
Number 0090                                                                                                                     
                                                                                                                                
SENATOR MACKIE, Alaska State Legislature, testified as the sponsor                                                              
of SB 78.  He explained that SB 78 would authorize optometrists in                                                              
Alaska to prescribe oral or systemic drugs as is the case in 37                                                                 
other states.  He noted that there was a bill that would have                                                                   
allowed for laser surgery and other types of practices, but that                                                                
was not included in SB 78 as it includes much controversy and                                                                   
opposition.  Therefore, SB 78 allows [qualified] optometrists the                                                               
ability to prescribe oral medications for problems with the eye                                                                 
rather than necessitating a visit to another physician for this.                                                                
Senator Mackie specified that SB 78 would not allow an optometrist                                                              
to do things in which he/she is not trained, qualified and                                                                      
certified to do.  He noted his understanding that the groups who                                                                
have traditionally opposed this in the past, have backed off on                                                                 
this issue.  In closing, Senator Mackie said that he would                                                                      
appreciate the committee's support of SB 78.                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG asked if Senator Mackie was aware that the Alaska                                                             
State Medical Association (ASMA) opposed SB 78.  He further asked                                                               
if ASMA came before the [Senate Labor & Commerce Committee].                                                                    
                                                                                                                                
SENATOR MACKIE replied no.  He remarked, "I'd be surprised actually                                                             
if they even appeared here."                                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG noted that ASMA has representation in the room.                                                               
                                                                                                                                
SENATOR MACKIE recalled that he had spoken, in regard to the                                                                    
letter, with a representative of ASMA and with Dr. Gonnason.  He                                                                
noted that the vote on the Senate floor was 18-2 and thus he                                                                    
believes there is sufficient support for SB 78.                                                                                 
                                                                                                                                
Number 0403                                                                                                                     
                                                                                                                                
DR. JEFF GONNASON, Licensed Alaskan Optometrist (OD), Alaska                                                                    
Optometry Association, provided the committee with his one page                                                                 
statement.  Dr. Gonnason stated, "Optometry is a primary health                                                                 
care profession that examines, diagnoses, and treats disorders of                                                               
the human eye and we use therapeutic medications, methods and                                                                   
procedures in accordance with professional training and                                                                         
competency."  He explained that historically medical doctors have                                                               
enjoyed unlimited legislative trust in their scope of practice as                                                               
have other health care professions that are commonly referred to as                                                             
a limited license such as dentists, podiatrists and nurse                                                                       
practitioners.  The scope of practice for dentists, podiatrists and                                                             
nurse practitioners is determined in regulation by the state                                                                    
boards.  Therefore, when something new is invented, their state                                                                 
board can review that invention and does not have to come before                                                                
the legislature.  However, every time something new is invented                                                                 
optometry, it has to come before the legislature for authorization                                                              
because of the opposition in the past from medical [groups].  Dr.                                                               
Gonnason pointed out that optometric training began including                                                                   
therapeutic treatment of diseases about 30 years ago.  In 1976                                                                  
North Carolina passed legislation allowing qualified optometrists                                                               
to prescribe therapeutic medications.  Now 37 states allow                                                                      
qualified optometrists to prescribe therapeutic medications,                                                                    
including oral and systemic agents.  Therefore, SB 78 would bring                                                               
Alaska up-to-speed with where North Carolina started.  He noted                                                                 
that currently one state, Oklahoma, allows optometrists to use                                                                  
lasers in the treatment of eye diseases.                                                                                        
                                                                                                                                
DR. GONNASON pointed out that last session there was a bill that                                                                
would have allowed optometrists to change such that a optometrist's                                                             
scope of practice would be determined by the State Board of                                                                     
Examiners, which would be an ideal situation.  This would be the                                                                
same situation that exists for dentists and podiatrists.  However,                                                              
that bill met with opposition.  Therefore, SB 78 is a compromise                                                                
bill that would only allow [optometrists to prescribe] these                                                                    
additional medications.  Dr. Gonnason informed the committee that                                                               
the bill packet should include a letter from the malpractice                                                                    
insurance carriers reporting that there is no difference in                                                                     
premiums or claims between states with or without oral                                                                          
pharmaceutical authority.  Furthermore, the Alaska State                                                                        
[Legislative] Budget & Audit Committee performed a study in 1995 in                                                             
which the committee reported that eye care was improved in Alaska                                                               
by allowing ODs to prescribe; this also saved money on travel and                                                               
double visits.  This legislation would allow Alaskan optometrists                                                               
to practice at the currently accepted standard of care and provide                                                              
access to quality, cost-effective eye care.                                                                                     
                                                                                                                                
DR. GONNASON mentioned that last year he wrote a letter to Speaker                                                              
Porter in which he basically refuted the allegations in the ASMA                                                                
letter.  In conclusion, Dr. Gonnason pointed out that optometrists                                                              
receive the kind of training necessary to safely prescribe these                                                                
medications just as do dentists and podiatrists.                                                                                
                                                                                                                                
Number 0760                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked if SB 78 merely allows for oral                                                                  
medication prescriptive authority.                                                                                              
                                                                                                                                
DR. GONNASON specified that SB 78 would allow optometrists to                                                                   
prescribe or use any medications at all, by any means, necessary to                                                             
treat conditions of the eye.  He stressed [that these medications                                                               
could only be used by optometrists] in the treatment of conditions                                                              
of the eye.  He clarified that it would include oral medications as                                                             
well as suppositories and injectibles.                                                                                          
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked if [SB 78] would include intravenous                                                             
(I.V.) [medications].                                                                                                           
                                                                                                                                
DR. GONNASON replied yes, but noted that only very rarely are                                                                   
intravenous drugs required for eye conditions; only one such                                                                    
condition came to mind.                                                                                                         
                                                                                                                                
REPRESENTATIVE MURKOWSKI surmised, then, that the chart in the bill                                                             
packet referring to the states that allow oral medication may not                                                               
necessarily include all the other ways in which a systemic problem                                                              
can be treated.  She expressed concern with the I.V. concept.                                                                   
                                                                                                                                
DR. GONNASON clarified that the list in the bill packet includes                                                                
states that allow some form of systemic medication.  Some of those                                                              
states, such as Tennessee and North Carolina, allow all forms of                                                                
systemic medication, which would be the case under SB 78.  In some                                                              
states, the legislation specifies which drugs can be used by an                                                                 
optometrist.  Texas just passed legislation that would include oral                                                             
and injectible medication.  Dr. Gonnason remarked, "The main thing                                                              
for injectibles is essentially allergic reactions where you do the                                                              
'epi' gun, adrenaline in the arm for someone that can't breath                                                                  
because they're having an anaphylaxis shock reaction; just not done                                                             
very often.  But we all keep those in our offices, legal or not,                                                                
because you need to save the person's life, especially out in the                                                               
Bush."  He said that each state is different in regard to the                                                                   
amount of authority of drug use, but almost all states exempt and                                                               
do not allow schedule I and II drugs as they are not necessary for                                                              
eye practice.  Schedule I and II drugs are not included in SB 78.                                                               
                                                                                                                                
REPRESENTATIVE HARRIS asked if there are any documented problems in                                                             
the other states that use this system.                                                                                          
                                                                                                                                
DR. GONNASON replied no.  He commented that if anything had been                                                                
before any boards, the committee would have been flooded with it by                                                             
the opposition.  He noted that optometrists have been prescribing                                                               
therapeutic drugs in Alaska since 1992; although orals were                                                                     
included, [the bill] was limited to topicals at that time.  As of                                                               
last month there have been no complaints to the state board in                                                                  
those eight years.  Dr. Gonnason remarked that it is very difficult                                                             
to convince lay people of an optometrist's education, when very                                                                 
credentialed surgeons are saying otherwise.                                                                                     
                                                                                                                                
Number 1058                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS inquired as to what level of education or                                                                 
competency does one have to show in order to obtain an optometrist                                                              
license.  He assumed that optometrists in Alaska have to have the                                                               
same level of education as those in other states [that allow this].                                                             
                                                                                                                                
DR. GONNASON informed the committee that a doctor of optometry                                                                  
degree is awarded after four years of graduate school; it is a                                                                  
professional program that is identical to dental school.  He                                                                    
commented that it is similar to medical school in that everyone                                                                 
uses the medical model and the same textbooks, instructors and                                                                  
lectures are used [as those used by the medical students].                                                                      
Therefore, it requires eight years of college to obtain an                                                                      
optometry degree as with dentistry and medicine.  He noted that                                                                 
most of the opposition is from ophthalmologists, which are                                                                      
specialized physicians who receive extra training in diseases and                                                               
the surgery of the eye.  Ophthalmologists "are definitely the top                                                               
dog on the food chain in eye care....  We're [Optometrists] not                                                                 
trying to say that we want to do the advanced things the                                                                        
ophthalmologists do, we want to do what we are trained to do."  He                                                              
referred to material in the bill packet which illustrates that the                                                              
years of education for optometry, dentistry, podiatry and                                                                       
medication are essentially the same.  Furthermore, most                                                                         
optometrists now receive a year of residency as well.  The graph in                                                             
the bill packet also illustrates that in regard to the number of                                                                
hours spent in pharmacology training, the hours were identical in                                                               
the University of Houston's Optometry College and Baylor College of                                                             
Medicine.  He noted that he has a copy of a college catalog.                                                                    
                                                                                                                                
DR. GONNASON, in response to Representative Harris, said that the                                                               
training [for optometrists in this area] is there.  He pointed out                                                              
that in Alaska, as is the case in most states, an optometrist must                                                              
pass the National Board of Examiners in Optometry of which there                                                                
are three parts.  All three parts must be passed in order to apply                                                              
to Alaska.  Within those national boards there is an examination                                                                
referred to as "treatment and management of ocular disease", which                                                              
is what is required to prescribe drugs in Alaska.  For example,                                                                 
some of the older practitioners without this training would not be                                                              
allowed to use this; one must have an endorsement to his/her                                                                    
license from the Division of Occupational Licensing.  That                                                                      
endorsement is based upon the additional training and the passage                                                               
of the treatment and management of ocular disease test that is                                                                  
administered by the International Association of Boards of                                                                      
Examiners in Optometry, which is the worldwide standard exam for                                                                
optometry therapeutic practice.  He believed that Catherine                                                                     
Reardon, Division of Occupational Licensing, could attest that the                                                              
qualifications, certification and the regulation is very stringent.                                                             
                                                                                                                                
REPRESENTATIVE HARRIS pointed out that the letter in the bill                                                                   
packet from the ASMA says, "Optometrists do not have the education                                                              
and training that a licensed physician and surgeon have."  The                                                                  
letter from the ASMA also says, "We feel that if an individual                                                                  
wishes to practice medicine, he/she should be trained as a                                                                      
physician."  He inquired as to Dr. Gonnason's comment on those                                                                  
statements by the ASMA.                                                                                                         
                                                                                                                                
DR. GONNASON informed the committee that in medical school a                                                                    
physician or a medical doctor receives about one or two days on the                                                             
eye.  Therefore, he was confident that an O.D. graduating from                                                                  
optometry school has far more training in the diagnosis, treatment                                                              
and management of diseases of the eye than would a M.D.  He                                                                     
acknowledged that optometrists [receive less training] than                                                                     
ophthalmologists.  Dr. Gonnason related a situation in Nome in                                                                  
which the local O.D. is called in for any eye emergency not the                                                                 
M.D. because [the M.D.] does not know how to handle these cases.                                                                
If the O.D. has to prescribe a systemic medication, then the                                                                    
physician's assistant has to prescribe the medication.  He noted                                                                
that nurse practitioners can prescribe any medication while their                                                               
training is at the Master's degree level, which is slightly below                                                               
the Doctorate level of optometry.  He returned to the dentist                                                                   
example and asked, "If the M.D.s wrote you a letter and said, 'We                                                               
don't think dentists should be prescribing pain medication or                                                                   
antibiotic pills because they're not physicians.'  What would you                                                               
say?  You would say, 'Well, they're dentists.'"  Optometrists                                                                   
receive the same training [in pharmacology] as dentists.                                                                        
                                                                                                                                
Number 1400                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO pointed out that the ASMA is further                                                                      
concerned that optometrists would be prescribing therapeutics,                                                                  
"which often have an impact not only on eye [issues] by interact                                                                
with many body systems."  In regard to the chart comparing  the                                                                 
education, it illustrates that the general practitioner [in                                                                     
comparison to an optometrist] has almost twice as many hours                                                                    
required in human anatomy, physiology and neurophysiology.  He                                                                  
asked if this is an area of concern due to an optometrist receiving                                                             
far less instruction in this area.                                                                                              
                                                                                                                                
DR. GONNASON remarked that it [the education for general                                                                        
practitioners and optometrists] is of equal construction.  He noted                                                             
that the chart in the packet is from 1987.  Dr. Gonnason explained                                                              
that part of the training in pharmacology is the interaction of                                                                 
different drugs, which results in a detailed history of a patient.                                                              
Part of the training deals with the interaction of drugs as                                                                     
systemic drugs do affect the entire body.  Dr. Gonnason informed                                                                
the committee that optometrists are not trained in the prescribing                                                              
of cardiac medications.  Optometrists would only prescribe related                                                              
to the eye.  However, he noted that although he is familiar with                                                                
cardiac drugs, he is not familiar with the extra hours of detail.                                                               
Similarly, the dentist is not trained in that area either, although                                                             
a dentist is trained in the emergency treatment of interactions and                                                             
allergies with the drugs.                                                                                                       
                                                                                                                                
REPRESENTATIVE HALCRO asked whether the difference in the training                                                              
in physiology and the neurophysiology is the basis for the ASMA's                                                               
contention that optometrists may be prescribing drugs for which                                                                 
there are other complications that the optometrist would not be                                                                 
aware of.                                                                                                                       
                                                                                                                                
DR. GONNASON stated that [ASMA] is not aware of the training of                                                                 
optometrists.  He provided a copy of a more current four year                                                                   
optometric degree program.  Basically, in the third and fourth year                                                             
of the optometrist degree program there is a lot of clinic involved                                                             
just as in medicine.                                                                                                            
                                                                                                                                
Number 1641                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked if the licensure regulations in Alaska                                                                  
require that optometrists have any mandatory errors and omissions                                                               
(E&O) insurance.                                                                                                                
                                                                                                                                
DR. GONNASON answered that optometrists all have malpractice                                                                    
insurance, although he did not believe it is required by statute.                                                               
He informed the committee that an optometrist's malpractice                                                                     
insurance costs about $400 per year.  Dr. Gonnason pointed out that                                                             
the [Maginnis & Associates Correspondence] says that the claims                                                                 
rates and the insurance premiums are basically the same regardless                                                              
of whether the state allows optometrists to prescribe systemic and                                                              
oral drugs or not.  He also pointed out that California passed                                                                  
legislation allowing optometrists to prescribe all topical and some                                                             
systemic medications.  During that process in California, the                                                                   
California Optometry and Ophthalmology Association agreed to                                                                    
commission an independent evaluation assessing the competency and                                                               
cost effectiveness of optometrists treating diseases.  He had the                                                               
highlights from that independent evaluation which was performed by                                                              
Price Waterhouse Coopers in 1999.  Dr. Gonnason read the conclusion                                                             
of that independent evaluation as follows:                                                                                      
                                                                                                                                
     Optometrists practice therapeutics with at least the same                                                                  
     level of competence as ophthalmologists and primary care                                                                   
     providers managing the same problems.  This conclusion is                                                                  
     based on the study result.  Optometric charts show no                                                                      
     significant difference from ophthalmology charts in                                                                        
     compliance with the eye care standards and optometrists                                                                    
     were significantly better compliance than the charts of                                                                    
     general physicians and mid-level practitioners.                                                                            
                                                                                                                                
DR. GONNASON clarified that he is not knocking general M.D.s, but                                                               
in general people go to a general M.D. who prescribes an eye drop                                                               
that does not work.  In such a case, the person ends up in an                                                                   
optometrist's office where the drop that does work is administered.                                                             
He said, "It's not that the M.D. didn't know, but he's not as                                                                   
focused in on the details of eye disease as we are."                                                                            
                                                                                                                                
DR. GONNASON pointed out that this independent study found, in                                                                  
regard to cost effectiveness, "The magnitude of savings is                                                                      
substantial and optometrists provide a significant economic benefit                                                             
to their patients."  He directed the committee's attention to the                                                               
chart that details the average cost to a patient with pink eye.  A                                                              
person with pink eye who sees a general physician, an                                                                           
ophthalmologist and optometrist faces an average charge of $76, $83                                                             
and $41 respectively.  Although ophthalmologists are necessary, one                                                             
does not need to fly from Nome to Anchorage in order to receive                                                                 
treatment for pink eye from an ophthalmologist.  He noted that                                                                  
optometrists could not [even] treat pink eye until a few years ago.                                                             
                                                                                                                                
CHAIRMAN ROKEBERG noted that the bill packet includes a letter from                                                             
Dr. Hart Hodges, Ph.D. from Northern Economics, who disputed the                                                                
notion that there is no cost difference in the eye exam conducted                                                               
by an ophthalmologist and an optometrist.  Chairman Rokeberg found                                                              
that interesting as his own personal experience seemed to                                                                       
illustrate that an eye exam from an ophthalmologist cost more than                                                              
one performed by an optometrist.  Chairman Rokeberg commented that                                                              
he was surprised that, given the rural nature of the state, [the                                                                
rural areas] have not been present requesting this earlier.                                                                     
                                                                                                                                
DR. GONNASON said, "Well, they have."  He explained that most of it                                                             
has been done under the auspices of public health.  Optometrists in                                                             
the Bush have been prescribing drugs for 30 years under federal                                                                 
authority.  However, now Native corporations are hiring private                                                                 
optometrists and their hands are tied.  He noted that he had                                                                    
requested that Dr. Ford, an Ophthalmologist and Surgeon from                                                                    
Pacific Cataract and Laser, testify on this legislation.  Dr. Ford                                                              
is one of the world's highly respected eye surgeons.                                                                            
                                                                                                                                
Number 1901                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG pointed out that according to Dr. Hodges, Dr.                                                                 
Ford contracts with optometrists for follow-up care for his laser                                                               
surgery patients in the Anchorage area.  Chairman Rokeberg asked if                                                             
that is true.                                                                                                                   
                                                                                                                                
DR. GONNASON specified that Dr. Ford co-manages [with optometrists                                                              
for follow-up care].  He said, "All of them do."  He explained that                                                             
if he has a patient that wants laser surgery, he examines the                                                                   
patient and does all the mathematical numbers for the patient's                                                                 
surgery.  The patient is then sent, with the numbers, to one of the                                                             
ophthalmologists in Anchorage.  Dr. Gonnason indicated that the                                                                 
ophthalmologists really do not have a problem with optometrists                                                                 
using drugs, but rather are concerned with optometrists moving into                                                             
the laser end where the money is made.  After the surgery, the                                                                  
patient would return to the optometrist who would perform follow-up                                                             
care.  The optometrist charges a fee for his part and the surgeon                                                               
charges a fee for his part and those fees are totally independent.                                                              
                                                                                                                                
                                                                                                                                
DR. GONNASON answered, in response to Chairman Rokeberg, that                                                                   
anaphylaxis is a technical term.  He explained that optometrists                                                                
can only prescribe in treatments of the eye; however, this would                                                                
allow the treatment of a person in an emergency allergic shock                                                                  
situation.  He commented that it is very rare and that he has never                                                             
seen such a case in his 24 years of practice, although he noted                                                                 
that he is trained to take care of such a situation.  Dr. Gonnason                                                              
emphasized that anything that is done would only be done in the                                                                 
standard of care and anything performed outside of that would be a                                                              
violation of the law.                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG recognized that optometrists, under SB 78, would                                                              
be excluded from the use of schedule IA and IIA drugs.  He inquired                                                             
as to what other schedules of prescriptive pharmaceuticals an                                                                   
optometrist would give.  He further inquired as to the percentage                                                               
of those that would be administered intravenously.                                                                              
                                                                                                                                
DR. GONNASON estimated that if he were to write 500 systemic                                                                    
prescriptions, probably only one or two would possibly be                                                                       
injectible or administered intravenously.  Very few of the                                                                      
prescriptions optometrists would write in the treatment of the eye                                                              
would involve an I.V.  In regard to oral prescriptions, he informed                                                             
the committee that the main ones would be medication in the                                                                     
treatment of glaucoma, antibiotics for infection and then pain.                                                                 
The schedule IA and IIA drugs are excluded as they are the most                                                                 
dangerous levels of drugs, and furthermore there is almost no                                                                   
incidence in which an optometrist would need those.  Therefore,                                                                 
that restriction does not really need to included, but it                                                                       
illustrates that optometrists are not interested in expanding                                                                   
beyond what is necessary.                                                                                                       
                                                                                                                                
Number 2131                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI referred to the map in the bill packet                                                                 
which specifies the states that allow the use of oral                                                                           
pharmaceutical agents by optometrists in the treatment of eye                                                                   
disease.  She asked if SB 78 is more expansive than what the other                                                              
states allow with the use of oral medication [by optometrists].                                                                 
                                                                                                                                
DR. GONNASON answered that SB 78 is more expansive than some                                                                    
[states] and less expansive than others.  Of the 37 states that                                                                 
allow the use of oral pharmaceutical agents by optometrists, he                                                                 
estimated that about  five states allow a little more than SB 78 as                                                             
those states do not restrict the schedule IIA drugs.  He estimated                                                              
that SB 78 is similarly aligned with about half of the states, with                                                             
the remaining states having a more restricted authority.  Of those                                                              
states with the more restricted authority, Dr. Gonnason said that                                                               
those states passed those laws early on and are now seeking                                                                     
amplification of those laws.  Dr. Gonnason estimated that "we"                                                                  
[Alaska, with SB 78,] would be in the top third of those states in                                                              
regard to prescriptive authority.                                                                                               
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked if the treatment of anaphylaxis                                                                  
treatment would always be an emergency response situation.                                                                      
                                                                                                                                
DR. GONNASON replied yes.  He explained that anaphylaxis is a Type                                                              
I allergic reaction and, systemically, it is an emergency.                                                                      
However, a person can receive a anaphylactic reaction locally such                                                              
as when a person receives a mosquito bite to the eyelid, which                                                                  
instantly puffs up.  Such anaphylaxis is not treated with the "epi                                                              
gun."  He noted that this language is similar to that in almost all                                                             
other states.                                                                                                                   
                                                                                                                                
Number 2248                                                                                                                     
                                                                                                                                
SENATOR MACKIE requested that Dr. Gonnason speak to the concern                                                                 
regarding how pharmacists would know who is qualified to issue                                                                  
prescriptions and who is not.  Senator Mackie understood that there                                                             
are 80 optometrist in Alaska, of which about 75 are qualified to                                                                
issue prescriptions.  He further understood that the state would                                                                
have to issue an endorsement/certification in order to do this.  He                                                             
requested that Dr. Gonnason describe how this would all work.                                                                   
                                                                                                                                
DR. GONNASON explained that basically, the state gives optometrists                                                             
their licenses which note a pharmaceutical agent and prescription                                                               
use endorsement.  Once this law first went into effect, he had to                                                               
go to all the pharmacists he knew and provide them with a copy of                                                               
his license.  Furthermore, the Division of Occupational Licensing                                                               
has a copy of all those [optometrists] that are certified.                                                                      
Basically, the optometrist would make that information available to                                                             
the pharmacist.  In regard to the endorsement, Dr. Gonnason                                                                     
stressed that this [SB 78] does not grandfather in anyone.                                                                      
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked if there is any ongoing [education].                                                             
                                                                                                                                
DR. GONNASON interjected, "Yes, 18 hours per year."  If the                                                                     
optometrist does not have the drug authority, then he/she would                                                                 
only need 12 hours [of continuing education].  In further response                                                              
to Representative Murkowski, he pointed out that the board requires                                                             
an extra six hours of education in disease management and                                                                       
pharmacology.  With the passage of SB 78, the board may or may not                                                              
require additional requirements.                                                                                                
                                                                                                                                
REPRESENTATIVE MURKOWSKI said that she would like to think that                                                                 
there would be a different set of standards on top of those                                                                     
[already in place].                                                                                                             
                                                                                                                                
DR. GONNASON informed the committee that almost all of the                                                                      
optometrists in the state took a 100-hour drug training course in                                                               
1982.  This training course covered the treatment of diseases                                                                   
because it was thought that optometrists would have drug authority                                                              
in 1982.  However, it took 10 years before such passed in 1992.  He                                                             
emphasized that everyone was required to take that [drug training                                                               
course] again, which had been updated and included the training for                                                             
systemic drugs.  Therefore, everyone who currently has a                                                                        
pharmaceutical agent and prescription use endorsement has the                                                                   
systemic training, although that portion of the 1992 legislation                                                                
was given up in a compromise.  This bill, SB 78, would simply                                                                   
restore that which was compromised eight years ago.  He                                                                         
acknowledged that the board could require, through regulation, that                                                             
optometrists need to receive further training.  Dr. Gonnason said,                                                              
"I can assure you that none of my colleagues would not be                                                                       
prescribing anything that they weren't completely comfortable with.                                                             
Why would they?  There's no financial remuneration in it and we're                                                              
very conservative."  He pointed out that optometrists are primary                                                               
care practitioners that handle routine cases.  He informed the                                                                  
committee that he is in a building with family doctors, who send                                                                
him all the eye cases.  However, if it is a case in which he is                                                                 
uncomfortable, he refers the patient to a ophthalmologist; that is                                                              
how the system works.  He attributed that system to be the impetus                                                              
for the better relationship that the optometrists and                                                                           
ophthalmologists have in Anchorage.  Therefore, he did not believe                                                              
that ophthalmologists have any serious opposition to SB 78.                                                                     
                                                                                                                                
TAPE 00-40, SIDE B                                                                                                              
                                                                                                                                
CHAIRMAN ROKEBERG referred to Mr. Hodges letter, which says that                                                                
ophthalmologists "are under some pressure to remain quiet.  If any                                                              
single ophthalmologist speaks out against the bill, then that                                                                   
person runs the risk of loosing referral business from optometrists                                                             
...."  Chairman Rokeberg turned to Dr. Ford's testimony.                                                                        
                                                                                                                                
Number 0025                                                                                                                     
                                                                                                                                
DR. ROBERT FORD, Ophthalmologist, testified via teleconference from                                                             
Las Vegas.  He informed the committee that he has had a practice in                                                             
Anchorage for about the last three years.  He also informed the                                                                 
committee that he is the owner and founder of Pacific Cataract and                                                              
Laser Institute, which employees six other ophthalmologists and                                                                 
about 15 optometrists.  As mentioned earlier, he noted that he has                                                              
worked closely with optometry in co-management for the last 15                                                                  
years.  Dr. Ford completely agreed with everything Dr. Gonnason                                                                 
said.                                                                                                                           
                                                                                                                                
DR. FORD stated that he believes that the State of Alaska needs                                                                 
this bill to be passed.  There are so many patients who could have                                                              
an episode of acute glaucoma or something requiring a systemic                                                                  
medication.  It is simply not practical for [some of] these people                                                              
to see an ophthalmologist soon enough to handle it.  He pointed out                                                             
that it does not help to see a general M.D. as a general M.D. would                                                             
not have the knowledge, although he/she would have the prescriptive                                                             
authority.  Dr. Ford said that he knew this to be the case as his                                                               
father was an excellent family doctor, but not an eye doctor and                                                                
thus did not understand the eye as well as optometrists do.                                                                     
                                                                                                                                
DR. FORD turned to the issue of whether this would be safe and                                                                  
whether there is adequate training.  He pointed out that as an                                                                  
ophthalmologist, he is legally qualified to prescribe any kind of                                                               
medication, including cancer chemotherapy.  However, he said that                                                               
he does not prescribe such [medications] because he does not                                                                    
understand them.  Dr. Ford said, "Basically, it becomes a matter of                                                             
my integrity to only prescribe things I understand."  He noted that                                                             
most of the drugs he prescribes now are new drugs, new since his                                                                
training.  Therefore, any drug he chooses to use he must read up on                                                             
it and obtain education on the drug before using it.  Basically,                                                                
that is the same system that the optometrists will use.  Even if SB
78 passes, optometrists will have the legal ability to prescribe                                                                
medication they do not understand and thus everyone will have to                                                                
depend on their professional integrity as is the case with all                                                                  
other professionals.                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG asked if Dr. Ford agreed with the ASMA's                                                                      
statement that this is not a turf issue, but rather a quality of                                                                
care issue.                                                                                                                     
                                                                                                                                
DR. FORD specified that it is not that simple.  There are important                                                             
questions in regard to safety, which is a quality of care issue.                                                                
However, most of the strong feelings that exist are based on turf                                                               
issues.                                                                                                                         
                                                                                                                                
Number 0173                                                                                                                     
                                                                                                                                
CATHERINE REARDON, Director, Division of Occupational Licensing,                                                                
Department of Community & Economic Development, specified that her                                                              
division staffs both the [State] Medical Board and the Board of                                                                 
Optometry.  The Optometry Board is on the record as strongly                                                                    
supporting SB 78 and the Medical Board has not taken a position on                                                              
this issue.                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG requested that Ms. Reardon explain the                                                                        
requirements and regulations for optometrists in regard to their                                                                
continuing education and anything that relates to medications or                                                                
drug dispensing.                                                                                                                
                                                                                                                                
MS. REARDON explained that AS 08.72.175 allows the board to issue                                                               
endorsements authorizing a license holder, an optometrist, to                                                                   
prescribe and use the pharmaceutical agents described in the                                                                    
statute being amended [under SB 78].  Therefore, the board has that                                                             
authority and has adopted regulations doing that.  When the board                                                               
adopted regulations, the board decided to do two different sets.                                                                
One set of regulations is geared towards optomotrists who can use                                                               
the topical drugs and the other set of regulations is geared                                                                    
towards optomotrists who can prescribe and use.  She believes that                                                              
two track system was established because perhaps, there were some                                                               
optometrists whose training was not as recent or as comprehensive.                                                              
Ms. Reardon pointed out that the regulation 12 AAC 48.025 for the                                                               
prescription and use endorsement says, "An applicant for that                                                                   
endorsement must submit documentation of an average of 12 contact                                                               
hours of approved continuing education in ocular pharmacology or                                                                
pathology for each complete calendar year since the date of the                                                                 
exam that they had to pass initially on treatment and management of                                                             
ocular disease."  She noted that this would be the case unless the                                                              
exam was passed within two years of the application for the                                                                     
endorsement.  She noted that the regular optometry license                                                                      
[requires] some continuing education.                                                                                           
                                                                                                                                
Number 0305                                                                                                                     
                                                                                                                                
                                                                                                                                
REPRESENTATIVE HALCRO related his understanding, from Ms. Reardon,                                                              
that optometrists are not currently required to have E&O insurance.                                                             
                                                                                                                                
MS. REARDON stated that almost none of the professions licensed                                                                 
through the division are required to have malpractice liability                                                                 
insurance.                                                                                                                      
                                                                                                                                
REPRESENTATIVE HALCRO said, then, there is not a difference between                                                             
levels of the profession in which one level would be required to                                                                
have malpractice insurance and the other does not.                                                                              
                                                                                                                                
MS. REARDON replied no.                                                                                                         
                                                                                                                                
REPRESENTATIVE MURKOWSKI turned to the issue of notifying people,                                                               
pharmacists, whether one is on the prescribe and use list.  She                                                                 
inquired as to how problematic this could be.  For example, what if                                                             
a pharmacy receives a call, on a Saturday night, from an                                                                        
optometrist prescribing a medication that would be allowed under SB
78.  If the division's offices are not open for confirmation, would                                                             
the pharmacy fill the prescription even if there is nothing on                                                                  
record saying that the optometrist could prescribe the medication.                                                              
Or would the pharmacy err on the side of caution?                                                                               
                                                                                                                                
MS. REARDON pointed out that pharmacists do bear some professional                                                              
responsibility for making those decisions and thus some may always                                                              
decide to err on the side of caution.  She noted that Alaska                                                                    
receives many visiting doctors, and therefore there are potentially                                                             
a lot of new faces that a pharmacists would see.  Currently, the                                                                
pharmacist may be requesting a copy of the optometrist's license,                                                               
which shows the endorsement.  Perhaps, some pharmacists will refuse                                                             
to allow the prescription until [he/she can verify the endorsement                                                              
of the optometrist when] the division office opens.  Ms. Reardon                                                                
informed the committee that [the division] has an Internet site                                                                 
where people can look up who is licensed, which she indicated would                                                             
ultimately reach the point where people would probably feel                                                                     
comfortable using the site.  She suspected that many late night                                                                 
pharmacy calls would be an emergency situation.                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG asked if anyone else wished to testify on SB 78.                                                              
There being no one, Chairman Rokeberg closed the public testimony                                                               
on SB 78.  He then inquired as to the will of the committee.                                                                    
                                                                                                                                
Number 0491                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI recalled Dr. Gonnason's comments that the                                                              
ophthalmologists are okay with SB 78.  However, upon the advice of                                                              
Dr. Hodges, she called two ophthalmologists both of which were                                                                  
opposed to it [SB 78].  Therefore, she commented that she did not                                                               
believe the turf wars are over.  She acknowledged the concern in                                                                
Alaska that there are many areas where there is not an                                                                          
ophthalmologist.                                                                                                                
                                                                                                                                
REPRESENTATIVE HALCRO recalled that last year there was a similar                                                               
situation with the psychologists and the psychiatrists.  He asked                                                               
if that bill is still in the committee.                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG indicated that to be true.                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS spoke in favor of SB 78 as 37 other states                                                                
are doing similar things without serious problems.                                                                              
                                                                                                                                
Number 0610                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS moved to report SB 78 out of committee with                                                               
individual recommendations and the accompanying zero fiscal note.                                                               
There being no objection, it was so ordered and SB 78 was reported                                                              
from the House Labor & Commerce Standing Committee.                                                                             
                                                                                                                                
The committee took a brief at-ease from 4:27 p.m. to 4:32 p.m.                                                                  
                                                                                                                                

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