Legislature(2011 - 2012)BARNES 124

03/11/2011 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 155 PUBLIC CONSTRUCTION CONTRACTS TELECONFERENCED
Heard & Held
+= HB 122 NATUROPATHS TELECONFERENCED
Heard & Held
+= HB 118 RESEARCH AND DEVELOPMENT TAX CREDIT TELECONFERENCED
Moved CSHB 118(L&C) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                       HB 122-NATUROPATHS                                                                                   
                                                                                                                                
3:53:13 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 122, "An Act  relating to naturopaths and  to the                                                               
practice  of  naturopathy;  establishing an  Alaska  Naturopathic                                                               
Medical  Board; authorizing  medical assistance  program coverage                                                               
of naturopathic  services; amending  the definition  of 'practice                                                               
of medicine'; and providing for an effective date."                                                                             
                                                                                                                                
3:53:34 PM                                                                                                                    
                                                                                                                                
TOM GOODE  stated he  has been treated  by a  Naturopathic Doctor                                                               
(ND) for  the past eight  years and expressed his  preference for                                                               
the  naturopathic   approach  to  medicine.     He  related  that                                                               
scientific  research has  been discovering  the role  nutritional                                                               
deficiencies  plays  in   disease.    The  ND  is   one  who  has                                                               
extensively  studied  nutrition  whereas 50  percent  of  medical                                                               
schools do not  require any nutritional courses to  graduate as a                                                               
medical doctor  (MD).   The other 50  percent of  medical schools                                                               
only require  one semester in  nutrition, he  said.  The  ND uses                                                               
prescription drugs  as a last resort,  but if all else  fails and                                                               
they are necessary  he would prefer the drugs  were prescribed by                                                               
his ND.   He related  a scenario in which  he went to  the doctor                                                               
but was treated  by a physician's assistant.  He  finds it ironic                                                               
that physician  assistants can treat and  prescribe drugs whereas                                                               
NDs  cannot.   He suggested  an independent  board consisting  of                                                               
skilled   NDs  should   govern  the   practice  of   Naturopathic                                                               
profession in Alaska.                                                                                                           
                                                                                                                                
3:55:17 PM                                                                                                                    
                                                                                                                                
KATY  SHERIDAN,  Physician;  Member,  Alaska  Academy  of  Family                                                               
Physicians  (AKAFP), stated  she is  a lifelong  Alaskan who  has                                                               
practiced family practice  medicine in Soldotna for  15 years and                                                               
also represents the AKAFP today.   She identified three areas she                                                               
would  address, including  patient safety,  issues raised  during                                                               
the prior hearing, and the future  of health care in Alaska.  She                                                               
advised that the AKAFP opposes  HB 122, primarily due to concerns                                                               
for patient safety  and quality of care in Alaska.   She recalled                                                               
in medical  school the saying,  "You won't make the  diagnosis if                                                               
you don't think  of the disease."  He expressed  concern with the                                                               
limited training  that Naturopaths receive especially  in disease                                                               
process and  treatment of chronic  disease.   She said it  is one                                                               
thing to  optimize health with  nutrition and exercise but  it is                                                               
another to be  ruling out serious disease  and planning treatment                                                               
for chronic  problems.   While she  would be  the first  to admit                                                               
that  allopathic  medicine does  not  have  all the  answers  and                                                               
complementary  and alternative  medicine also  have a  place, she                                                               
thought  this  bill  goes  too  far  to  empower  naturopaths  to                                                               
practice  beyond their  training.   She  referred to  a graph  in                                                               
members'  packets that  shows the  different in  training between                                                               
family physicians and  naturopaths.  She pointed  out that family                                                               
physician's training is similar  to pediatricians and internists,                                                               
who  also   practice  primary  care  medicine.     She  expressed                                                               
significant  concern since  the bill  would allow  naturopaths to                                                               
prescribe   medications,  perform   preventative  and   screening                                                               
physicals, all  of which are  opportunities to  identify diseases                                                               
and  develop protocols  for preventive  care for  patients.   She                                                               
related that  the lack of  hours of education in  disease process                                                               
and chronic  disease management  limits the  naturopaths' ability                                                               
to provide comprehensive care.                                                                                                  
                                                                                                                                
3:58:08 PM                                                                                                                    
                                                                                                                                
DR.  SHERIDAN offered  her belief  that HB  122 would  compromise                                                               
health care  in Alaska.   She recalled  earlier testimony  on the                                                               
bill suggesting that  other states have similar  bills pending to                                                               
allow for  NDs to  prescribe medicine.   She clarified  that only                                                               
eight states have  policies for prescribing and  only for natural                                                               
substances pursuant  to a physician's  protocol.   Several states                                                               
do  allow NDs  with "birth  privileges" to  administer some  that                                                               
deliver  can prescribe  pitocin  and  antihemorrhagic drug  drugs                                                               
pursuant  to  protocols.    In  fact, only  a  few  states  allow                                                               
prescription  ability   for  NDs  and  then   only  with  limited                                                               
guidelines.   She  recalled testimony  that naturopaths  focus on                                                               
preventive care.   As a family physician,  she spent considerable                                                               
hours of training  and continues to provide  many hours providing                                                               
preventive care counseling  and education for her  patients.  She                                                               
recalled  testimony   that  some  patients  did   not  have  good                                                               
experiences with allopathic medicine, but  she did not think this                                                               
is  the norm.   The  future  of health  care and  the concept  of                                                               
health care  homes necessitate the  care that must be  given when                                                               
considering dispensing  rights.   She stressed the  importance of                                                               
considering what  constitutes a quality provider  to provide full                                                               
spectrum health care home needs.   She emphasized that empowering                                                               
health  who  are only  qualified  to  care  for  a portion  of  a                                                               
person's  health  and  not  necessarily  all  aspects  could  set                                                               
ourselves  up for  reduced levels  of health  care homes  for the                                                               
future.  She urged members to  examine who they would want caring                                                               
for their families.                                                                                                             
                                                                                                                                
DR. SHERIDAN summarized  that the AKAFP strongly  oppose the bill                                                               
as written primarily  on the basis of patient  safety and quality                                                               
care issues and  for the future of health care  systems that will                                                               
be established for the health care delivery system in Alaska.                                                                   
                                                                                                                                
4:01:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  asked how  much training a  medical doctor                                                               
has in pharmacology or prescribing drugs in the market.                                                                         
                                                                                                                                
DR.  SHERIDAN answered  that  the number  of  classes in  medical                                                               
school  addressing   pharmacology  and  medications   varies  but                                                               
medical   school  also   addresses   diseases  and   medications.                                                               
Physicians  frequently address  medical  management during  their                                                               
residency,  experience, and  continuing education.   She  related                                                               
that medications  continually change in  health care so  MDs must                                                               
keep  current  on  the  latest  medications  and  potential  side                                                               
effects.   She reported that  medical doctors must have  50 hours                                                               
of continuing education  each year to keep  their medical license                                                               
current  and  spend  a  large portion  of  their  time  reviewing                                                               
medications.                                                                                                                    
                                                                                                                                
4:03:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  asked for  clarification on the  source of                                                               
information that MDs use to keep current on medications.                                                                        
                                                                                                                                
DR. SHERIDAN  related that the sources  of information physicians                                                               
use varies but many physicians  use electronic sources and pocket                                                               
information with  the latest downloads.   Many  physicians confer                                                               
with pharmacies  and keep current on  medications through ongoing                                                               
continuing education.  She also  performs research at the bedside                                                               
using  technology  since  medications continually  change.    She                                                               
concluded  that the  reality is  that physicians  spend a  lot of                                                               
time addressing medications.                                                                                                    
                                                                                                                                
4:04:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER  asked  where  the  "body  of  information                                                               
resides" and whether that information  would also be available to                                                               
all MDs or NDs.                                                                                                                 
                                                                                                                                
DR.  SHERIDAN  answered  probably  much  of  the  information  is                                                               
available to the  public.  Many MDs subscribe  to UpToDate, which                                                               
is an  electronic scientific information resource.   However, she                                                               
stressed the  importance that the person  reading the information                                                               
must have  some understanding  of how a  medication works  on the                                                               
body  or  on  a  particular   disease  process.    Some  of  this                                                               
information   can  be   pretty  difficult   and  challenging   to                                                               
understand, she said.                                                                                                           
                                                                                                                                
REPRESENTATIVE MILLER  asked for  clarification on the  source of                                                               
information.                                                                                                                    
                                                                                                                                
DR.  SHERIDAN   answered  that   some  scientific   forum  called                                                               
"UpToDate" collects and compiles it.                                                                                            
                                                                                                                                
4:06:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  for clarification  on the  current                                                               
standard of care for  MDs and NDs in society.   He asked how this                                                               
would change under the bill.                                                                                                    
                                                                                                                                
DR. SHERIDAN  answered that would  happen through  peer pressure.                                                               
She related a scenario in which  in which someone has a stroke in                                                               
Soldotna  and ends  up in  the hospital.   The  standard of  care                                                               
would be that  the physician would perform  an appropriate stroke                                                               
work up, including disease modifying  treatment for that patient,                                                               
depending on  the findings.   If  the patient  resides in  a more                                                               
remote place  in Alaska it may  be that the standard  of care may                                                               
also be different.  She  explained that some communities may have                                                               
certain tests readily  available or not available, such  as a CAT                                                               
scans.   Thus,  the standard  of  care depends  on the  resources                                                               
available in a community and the other physicians available.                                                                    
                                                                                                                                
DR.  SHERIDAN elaborated  that  if someone  did  not provide  the                                                               
standard of  care, mechanisms  are available  in the  hospital to                                                               
review and address  the matter.  She stated that  NDs are not lay                                                               
midwives.  In Soldotna, some  people practice midwifery and their                                                               
standards may  be different from physicians  delivering babies in                                                               
hospital settings.   She highlighted her concern that  if NDs are                                                               
empowered  to  prescribe  and provide  preventive  screening  the                                                               
standard may  be lowered  since the NDs  may provide  a different                                                               
level of  care.  She said  she has observed this  happen with lay                                                               
midwives since  treatment is given  that would not  be considered                                                               
medically  appropriate by  MDs, but  the physicians  have limited                                                               
recourse  over midwifery  practice.   She  said,  "That's a  very                                                               
serious concern  of those of  us practicing  medicine, especially                                                               
in smaller communities in Alaska."                                                                                              
                                                                                                                                
4:09:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   related  his  understanding   that  the                                                               
standard of care is a  community-based descriptive rather than an                                                               
objective standard.                                                                                                             
                                                                                                                                
DR. SHERIDAN agreed.  She  stated that Americans have developed a                                                               
level of care  based on television and the Internet  so they have                                                               
expectations for  a higher  level of  care.   However, it  can be                                                               
community dependent, she said.                                                                                                  
                                                                                                                                
REPRESENTATIVE  SADDLER asked  whether  the standard  of care  as                                                               
practiced by NDs would be factored  in to the overall standard of                                                               
care and would possibly tend to  dilute the level of the standard                                                               
of care.                                                                                                                        
                                                                                                                                
DR. SHERIDAN agreed that would be the AKAFP's concern.                                                                          
                                                                                                                                
4:10:23 PM                                                                                                                    
                                                                                                                                
MARION GRANDHOME,  Physician, Family Practice  Physician, related                                                               
that  she wanted  to echo  Dr. Sheridan's  comments.   She stated                                                               
that she  is speaking  in opposition  to HB  122.   She expressed                                                               
concern   about  patient   safety.     She   said,  "We   support                                                               
supervision.    We  support  naturopaths  but  we  also  strongly                                                               
believe  in   aligning  medical  providers'  scope   of  practice                                                               
appropriately   to  their   training."      She  indicated   that                                                               
naturopaths  and family  physician's  training  are different  in                                                               
volume  and   substance.    The  average   family  physician  has                                                               
completed  approximately  21,000  hours   of  training  prior  to                                                               
practice  whereas naturopaths  have only  completed approximately                                                               
6,000 hours.  The typical family  physician has had five years of                                                               
clinical  practice in  the clinic,  hospital, and  emergency room                                                               
ordering,  interpreting labs  and X-rays,  performing procedures,                                                               
and  prescribing medication.    The typical  naturopath spends  a                                                               
year or less  in clinical training, which  is necessarily focused                                                               
on  naturopathic treatments.   She  questioned whether  they have                                                               
experience to safely  order intravenous therapy or  IV therapy or                                                               
X-rays.   This  bill would  leave  the door  open to  prescribing                                                               
medications  which she  also questioned.   She  related that  her                                                               
specific  concerns surround  pre-employment school  and workplace                                                               
physicals,  since someone  without adequate  training could  miss                                                               
risks.   She  highlighted that  bus drivers  and pilots  may have                                                               
deficits  in  vision or  hearing  or  low-blood sugar  caused  by                                                               
diabetes or seizures from an  uncontrolled seizure disorder.  She                                                               
pointed out  that school sports physicals  must evaluate students                                                               
for heart disease  before sports participation.   She remarked on                                                               
the  tuberculosis outbreak  in  Southwest  Alaska and  questioned                                                               
whether NDs  could identify these  risks for personal  and public                                                               
safety.                                                                                                                         
                                                                                                                                
4:12:42 PM                                                                                                                    
                                                                                                                                
DR. GRANDHOME stated that she  received five years of training in                                                               
IV  therapy.   She  related  that  starting IVs,  prescribing  IV                                                               
therapy, has serious potential and  could easily kill a person by                                                               
giving  IV saline  solution at  too high  a concentration  or too                                                               
fast a  rate.  She  referred to a  letter from the  Osteopaths in                                                               
members' packets that  indicated 93 percent of  the public prefer                                                               
the term  physician to  be limited  to licensed  medical doctors.                                                               
She   indicated   that  it   is   critical   patients  know   the                                                               
qualifications of  the person  treating them.   She  concluded by                                                               
stating  that  traditional  and  naturopathic  practices  can  be                                                               
complementary can  coexist.  However,  it is critical  for public                                                               
safety that all providers are  appropriately limited to the scope                                                               
of practice consistent with their training.                                                                                     
                                                                                                                                
4:13:35 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 122.                                                                                     
[HB 122 was held over.]                                                                                                         
                                                                                                                                
4:13:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:13 p.m. to 4:15 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
Additional Documents 3-11-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 122
HB122 Opposing Documents - Letter ASMA 3-9-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 122
HB122 Opposing Documents - Letter ASMA 3-10-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 122
HB122 Opposing Documents - Medical Code of Ethics from ASMA (JJordon) 3-10-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 122
HB122 Supporting Documents - Fax Wayne Aderhold 3-9-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 122
Additional Documents 3-11-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 155
Additional Documents(2) 3-11-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 155
HB155 Opposing Documents - Assorted Emails or Faxes 3-10-11.pdf HL&C 3/11/2011 3:15:00 PM
HB 155
HB155 Opposing Documents - Assorted Emails or Faxes 3-11-11.pdf HL&C 3/11/2011 3:15:00 PM
SFIN 4/17/2011 10:00:00 AM
HB155 Opposing Documents - Assorted letters 3-10-11.pdf HL&C 3/11/2011 3:15:00 PM
SFIN 4/17/2011 10:00:00 AM
HB 155
HB155 Supporting Documents - Email Bryan White 3-10-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 155
HB155 Supporting Documents - Email Craig Campeau 3-10-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 155
HB155 Supporting Documents - Email Don Callahan 3-10-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 155
HB155 Supporting Documents - Email Marie McGlinchy 3-10-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 155
HB155 Supporting Documents - Email Pete Haggland 3-11-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 155
HB155 Supporting Documents - Email Steve Brefczynski 3-10-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 155
HB155 Supporting Documents - Email Tim Staton 3-10-2011.pdf HL&C 3/11/2011 3:15:00 PM
HB 155