Legislature(2011 - 2012)BARNES 124

02/08/2012 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 235 MOTOR VEHICLE TRANSACTIONS TELECONFERENCED
Moved Out of Committee
*+ HB 266 PRACTICE OF NATUROPATHY TELECONFERENCED
Heard & Held
                 HB 266-PRACTICE OF NATUROPATHY                                                                             
4:05:11 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  final order of business  would be                                                              
HOUSE  BILL  NO.  266,  "An  Act   relating  to  the  practice  of                                                              
naturopathy; and providing for an effective date."                                                                              
                                                                                                                                
4:05:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CATHY  MUNOZ, Alaska State Legislature,  introduced                                                              
herself  and thanked  the committee  for hearing  this bill.   She                                                              
commended the committee  staff, Konrad Jackson, for  his excellent                                                              
work.                                                                                                                           
                                                                                                                                
The  committee   took  a  brief  at-ease  due   to  teleconference                                                              
technical issue.                                                                                                                
                                                                                                                                
REPRESENTATIVE MUNOZ  explained that HB  266 is designed  to allow                                                              
naturopathic doctors  to continue to  have the ability  to provide                                                              
natural medicines to  those who rely on them  for their wellbeing.                                                              
She detailed the  geographic location of the 43  Naturopaths (NDs)                                                              
practicing  in Alaska:  16 in  Anchorage,  15 in  Fairbanks, 2  in                                                              
Eagle  River,  2 in  Palmer,  2  in  the Kenai/Homer  area,  1  in                                                              
Seward, 4 in  Juneau, and 1 in  Sitka.  She related  that NDs have                                                              
stated  that  the  measure  is   needed  because  some  pharmacies                                                              
recently are  refusing to supply  natural and herbal  medicines to                                                              
NDs,  as   a  result   of  instructions   form  the  Division   of                                                              
Corporations, Business,  and Professional Licensing  (DCBPL).  She                                                              
explained that  HB 266  would put  in statute regulatory  language                                                              
that has been  in effect for 18  years.  She explained  this would                                                              
allow NDs to provide  their patients medicines.  She  said this is                                                              
taken directly  taken from  regulation.   She read,  "...medicines                                                              
derived from or  a concentrate or extract of a  plant, tree, root,                                                              
moss, fungus,  or other natural  substance if the medicine  is not                                                              
a controlled  substance."   This is based  on state  regulation 12                                                              
AAC  42.990 (3).    This measure  is not  intended  to expand  the                                                              
scope  of practice  of NDs, but  will protect  what NDs  currently                                                              
provide to  patients as  prescribed by  law, thus giving  Alaskans                                                              
the power  to choose  what health modalities  work best  for them.                                                              
She  indicated  that  she  has worked  with  the  sponsor  of  the                                                              
companion  bill, Senator  Lesil  McGuire,  Senator Cathy  Giessel,                                                              
the  DCBPL,  the  Division  of Public  Health,  the  Alaska  State                                                              
Medical  Association (ASMA),  and the  naturopathic doctors  (NDs)                                                              
to craft  something that fulfills  the sole purpose of  this bill.                                                              
The  purpose of  HB  266  is to  keep  the naturopathic  scope  of                                                              
practice the  way it has  been in Alaska  for nearly  two decades.                                                              
She  stated  that  she  continues  to  work  with  the  previously                                                              
mentioned   groups  and   plans  to  bring   forth  an   amendment                                                              
consistent  with  the Senate  version  of  the  bill.   She  asked                                                              
Doctor (Dr.) Jasper to present an overview.                                                                                     
                                                                                                                                
4:09:45 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  said  he  would  accommodate   one  person  who  has                                                              
traveled from  Tenakee Springs, but  the bill would not  be opened                                                              
up for public testimony today.                                                                                                  
                                                                                                                                
REPRESENTATIVE MUNOZ  emphasized that  this bill does  not contain                                                              
any expansion in  practice.  She informed members  that a bill the                                                              
committee considered last year was a much broader bill.                                                                         
                                                                                                                                
CHAIR OLSON  related his understanding  that the intent of  HB 266                                                              
is  not to  broaden  the  scope of  practice  but  to prevent  the                                                              
erosion of the practice of naturopathic medicine.                                                                               
                                                                                                                                
4:10:51 PM                                                                                                                    
                                                                                                                                
C.W. JASPER, Naturopath  (ND), Alaska Association  of Naturopathic                                                              
Physicians (AANP),  offered to testify  in support of HB  266.  He                                                              
thanked  members  for the  opportunity  to  hear  this bill.    He                                                              
stated that  he holds ND  license number two  in Alaska.   He said                                                              
he has practiced  in Alaska for  20 years.  He began  a PowerPoint                                                              
presentation titled,  "The History of Naturopathic  Prescribing in                                                              
Alaska."   He reported  that 16  states license,  the District  of                                                              
Columbia,  and   two  territories  license   Naturopathic  Doctors                                                              
(NDs).  He highlighted  that varying scopes of  ND practice exists                                                              
depending on  the state.   He acknowledged  that the  professional                                                              
scope of practice  for NDs is decided by legislatures.   He stated                                                              
that  11 states  give prescriptive  authority in  the statutes  to                                                              
NDs as opposed  to Alaska, which has given  prescriptive authority                                                              
in regulation.   He pointed out  that five states  grant authority                                                              
in statute  for NDs to prescribe  controlled substances.   He gave                                                              
a brief  personal history, including  that he came home  to Alaska                                                              
in 1982,  but he has roots  in Alaska since his  great-grandfather                                                              
came over  the Chilkoot Trail  in 1898.   His family has  lived in                                                              
Alaska  since   then,  he   said.     He  recalled  questions   by                                                              
legislators  at  the  time  the  enabling  legislation  was  under                                                              
consideration as to  the reason he sought licensure  in this state                                                              
and why he would simply not practice in some other state.                                                                       
                                                                                                                                
4:13:10 PM                                                                                                                    
                                                                                                                                
DR. JASPER responded  that he answered that he is  an Alaskan.  He                                                              
recalled   former   Senator   Binkley    questioned   him   during                                                              
deliberations  over the  enabling  legislation.   Senator  Binkley                                                              
related  that he must  have known  that naturopaths  did not  have                                                              
the authority  to practice  naturopathic medicine  in Alaska.   He                                                              
then  provided   his  educational   background,  noting   once  he                                                              
completed  his  naturopathic  schooling  that he  applied  to  the                                                              
medical board  to take  the medical exam  and obtain  licensure in                                                              
Alaska.   He highlighted that the  medical board denied  his since                                                              
the board  did not  recognize naturopathic schools.   At  the time                                                              
his  attorney  received  a  letter   from  one  of  the  assistant                                                              
attorney generals  - Bruce  Botelho - who  had indicated  he could                                                              
practice  in Alaska  without a  license  since the  state did  not                                                              
offer him  an opportunity  to take  the exam,  plus the  state did                                                              
not have  a licensing procedure in  place.  He emphasized  that he                                                              
came to Alaska  in 1982 in good  faith.  He informed  members that                                                              
the  situation  in Alaska  dramatically  changed  when  litigation                                                              
against  an ND,  Pat Pettijohn,  had charged  him with  practicing                                                              
medicine  without a  license.   Mr.  Pettijohn lost  the case  and                                                              
subsequently  closed  his  practice.   Additionally,  several  NDs                                                              
were  informed by  the state  of the  necessity to  either pass  a                                                              
bill allowing naturopathy, or to stop practicing in Alaska.                                                                     
                                                                                                                                
4:15:02 PM                                                                                                                    
                                                                                                                                
DR.  JASPER   stated  that   naturopaths  successfully   passed  a                                                              
licensure bill  in 1986.   He described  the difficulties  the NDs                                                              
encountered  during  the process,  noting  the late  Senator  Fred                                                              
Zharoff  had  taken the  draft  language  and modified  the  bill,                                                              
which defined naturopathy  to include the use of  herbal remedies,                                                              
along with a number  of other therapies.  Even so,  the NDs agreed                                                              
to  the  bill.    He  emphasized   that  herbal  remedies  are  an                                                              
important part of  the NDs practice.  He pointed  out AS 08.45.200                                                              
defines naturopathy,  which  includes the  use of herbal  remedies                                                              
[slide  3-4].   He showed  pictures of  cayenne peppers,  commonly                                                              
found  in grocery  stores [slide  5-6].   He  related that  eating                                                              
cayenne peppers has  the effect of making one's nose  run since it                                                              
is an  expectorant.  He  showed a photo  of a bottle  of medicinal                                                              
quality  cayenne pepper,  which  is also  an  expectorant used  to                                                              
treat  chronic  sinus  problems  or  asthma.    The  liquid  form,                                                              
capsicum   tincture  is   used  since   the  medicinal   qualities                                                              
dissipate   with  ground   cayenne  pepper   [slide  9-10].     He                                                              
elaborated  on the advantages  of the  tincture, including  that a                                                              
longer  shelf  life,  a  date of  expiration,  and  using  it  has                                                              
provided predictable results.                                                                                                   
                                                                                                                                
4:18:28 PM                                                                                                                    
                                                                                                                                
DR.  JASPER  emphasized  that  capsicum   tincture  is  a  natural                                                              
medicine  that NDs are  trained and  qualified to  use, but  it is                                                              
labeled as  a prescription  medicine.   He explained that  federal                                                              
law prohibits dispensing without a prescription.                                                                                
                                                                                                                                
DR.  JASPER  related  that language  under  consideration  in  the                                                              
enabling  legislation  would  have   narrowed  the  definition  of                                                              
naturopathy   under   AS   08.45.050   to   prohibit   prescribing                                                              
prescription medicine,  but it did  not pass.  He  expressed alarm                                                              
over the proposed  definition since it would not  have allowed NDs                                                              
to  prescribe  capsicum  tincture  or  any  other  similar  herbal                                                              
medicines.  He  related that the ultimate compromise  was that the                                                              
language  narrowed  the  restriction to  prescription  drugs,  but                                                              
allowed  NDs to  prescribe  medicine.   He  identified  drug as  a                                                              
chemical  substance used  in treating  disease  or illness  [slide                                                              
14].                                                                                                                            
                                                                                                                                
4:20:22 PM                                                                                                                    
                                                                                                                                
DR. JASPER  stated that  the NDs  agreed to  the changes  since it                                                              
allowed  them to  dispense  natural  prescription  medicines.   He                                                              
pointed  to a  list titled,  "Rx Medicines"  noting that  capsicum                                                              
tincture  is  on the  list,  along  with other  natural  medicines                                                              
[slide 15].                                                                                                                     
                                                                                                                                
DR.  JASPER  referred  to a  slide  of  what  NDs can  and  cannot                                                              
prescribe,  labeled "Rx  Medicines" and  "Rx Drugs."   He  offered                                                              
that the enabling  legislation authorized the department  to adopt                                                              
regulations under  AS 08.45.100.   He related that  the department                                                              
adopted  12.AAC 42.990,  including  a definition  of  prescription                                                              
drug,  which he  read:   "prescription  drug" does  not include  a                                                              
device or  herbal or homeopathic  remedy or dietetic  substance in                                                              
a form that is not a controlled substance;" [slides 20-21].                                                                     
                                                                                                                                
DR.  JASPER indicated  the regulations  under 12  AAC 42.990  (3),                                                              
also  included a  definition  for herbal  remedy,  which he  read:                                                              
"herbal remedy"  includes medicines derived from  or a concentrate                                                              
or  extract  of  a  plant, tree,  root,  moss,  fungus,  or  other                                                              
natural substance;  "herbal remedy" does not include  a controlled                                                              
substance;" [slide 22].                                                                                                         
                                                                                                                                
4:22:30 PM                                                                                                                    
                                                                                                                                
DR.  JASPER  stressed  that  regulations  have the  force  of  law                                                              
[slide  24].     He  emphasized  that  NDs  have   relied  on  the                                                              
regulations for 18  years and NDs and the state must  abide by the                                                              
law.                                                                                                                            
                                                                                                                                
DR.  JASPER  summarized that  the  NDs  have  had the  ability  to                                                              
prescribe herbal  remedies, but not  prescription drugs.   He said                                                              
that about a year  ago the pharmacies have quit  supplying the NDs                                                              
with  prescription medicines  and substances,  which has  resulted                                                              
in many  patients being cut  off from medicines  normally provided                                                              
by their  NDs [slide 27].   He related his understanding  that the                                                              
pharmacies  have indicated  they are  complying with  instructions                                                              
from the State of  Alaska.  He assured members  that he personally                                                              
visited  pharmacies 18  years  ago, at  the  time the  regulations                                                              
were  adopted,  and  they  all agreed  that  NDs  could  prescribe                                                              
herbal  remedies and  medicines.   These same  pharmacies are  now                                                              
advising NDs they can no longer supply medicines.                                                                               
                                                                                                                                
4:24:44 PM                                                                                                                    
                                                                                                                                
DR.  JASPER reported  some doctors  will  not write  prescriptions                                                              
for  natural  medicines  they  are   not  familiar  with  so  some                                                              
patients are deprived use of these medicines.                                                                                   
                                                                                                                                
DR.  JASPER reported  the NDs  seek remedies  to re-establish  the                                                              
longstanding ability  to prescribe medicines and  herbal remedies.                                                              
He said  the NDs  seek to  take the  existing regulatory  language                                                              
under 12 AAC 42.990 and place it into statute.                                                                                  
                                                                                                                                
4:25:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  admitted confusion  with  respect to  the                                                              
definitions of  medicine and  drugs.  He  asked for  definition of                                                              
drugs.                                                                                                                          
                                                                                                                                
DR. JASPER answered  that each statute has its  own definitions so                                                              
a uniform  definition  is lacking.   He highlighted  that  part of                                                              
the  statutory restriction  was  to explicitly  restrict NDs  from                                                              
prescribing controlled  substances.  He pointed out  that water is                                                              
included  in some  definitions  of drug  so  the legislature  left                                                              
drug   undefined   in   the  naturopathic   statutes,   with   the                                                              
understanding  that  the  state  would  develop  regulations  that                                                              
pertain  to the  practice of  naturopathy.   Drug wasn't  actually                                                              
defined in  the ND's statutes; however,  an herbal remedy  was not                                                              
considered a drug under AS 08.45.050.                                                                                           
                                                                                                                                
4:27:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked for  clarification  on the  federal                                                              
definition of drug.                                                                                                             
                                                                                                                                
DR.  JASPER answered  that  the  federal definition  includes  any                                                              
substance  used for  the diagnosis,  treatment,  or mitigation  of                                                              
disease or  illness in human and  animals, so injectable  water is                                                              
considered   a  drug  under   federal  law.     He  related   that                                                              
intravenous therapy  (IV) bags contain  the federal legend.   Thus                                                              
even  water  becomes  a  drug in  some  instances  because  it  is                                                              
intended  for diagnosis or  treatment of  human disease,  illness,                                                              
or condition.   He indicated  that federal definition  is mirrored                                                              
in  the statutes.    He acknowledged  the  legislature barred  NDs                                                              
from prescribing  controlled substances; however,  the legislature                                                              
did not use the  definition of drug since doing  so would restrict                                                              
use of medicines.                                                                                                               
                                                                                                                                
4:29:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  inquired as to the category  of penicillin                                                              
since it is derived  from fungi.  He questioned  whether an herbal                                                              
remedy would include penicillin as defined by 12 AAC 42.990.                                                                    
                                                                                                                                
DR. JASPER said  he has not written a prescription  for penicillin                                                              
in  his 20  years  of practice  since  it is  not  germane to  his                                                              
practice.   He  was unsure  whether any  NDs have  ever written  a                                                              
prescription  for  penicillin,  but  he offered  his  belief  that                                                              
under the regulation they technically had the right to do so.                                                                   
                                                                                                                                
4:30:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  questioned whether prescribing  penicillin                                                              
is germane to his practice.                                                                                                     
                                                                                                                                
DR. JASPER  offered that the NDs  should be viewed as  a whole and                                                              
not be based solely on his practice.                                                                                            
                                                                                                                                
4:31:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    JOHNSON   asked    whether   NDs   track    what                                                              
prescriptions by list.                                                                                                          
                                                                                                                                
DR. JASPER answered no.                                                                                                         
                                                                                                                                
4:31:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked whether  it  would  be possible  to                                                              
obtain a list  of drugs prescribed by the 43  naturopathic doctors                                                              
in the last year.                                                                                                               
                                                                                                                                
DR. JASPER answered that he did not have a list.                                                                                
                                                                                                                                
REPRESENTATIVE  JOHNSON   suggested  that  a  list   of  what  NDs                                                              
currently prescribe would provide a baseline for the committee.                                                                 
                                                                                                                                
4:32:17 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  suggested that  the  committee  work  up a  list  of                                                              
questions for the  sponsor to answer.  He referred  to capsicum as                                                              
a  substance  that  his  grandmother  used.   He  inquired  as  to                                                              
whether the  restriction for capsicum  is due to the  medium since                                                              
it is 180-proof alcohol.                                                                                                        
                                                                                                                                
DR.  JASPER related  other medicines  can be  purchased at  health                                                              
food stores that  contain alcohol.  He concluded  that the alcohol                                                              
is  not the  issue  but it  is  the medicine  being  used and  the                                                              
intended use of the medicine, which ties into federal criteria.                                                                 
                                                                                                                                
4:33:40 PM                                                                                                                    
                                                                                                                                
DR.  JASPER   asked  to   clarify  that   the  NDs'  position   on                                                              
prescriptions.   He explained  that the  regulations have  allowed                                                              
certain things  to be  prescribed, but  if any  NDs in  Alaska are                                                              
prescribing drugs outside  the list, the NDs as a  whole would not                                                              
support that activity.   He emphasized that the  AANP supports NDs                                                              
practicing in  accordance with  law.  He  had no knowledge  of any                                                              
prescriptions  written outside  of  the regulations;  however,  if                                                              
there were  any written the  AANP and NDs  would not  endorse that                                                              
practice.                                                                                                                       
                                                                                                                                
4:34:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON  asked  what drugs  would  be  prohibited                                                              
under HB 266.                                                                                                                   
                                                                                                                                
DR.  JASPER  answered  that  he  pulled  a list  of  the  50  most                                                              
commonly  prescribed drugs  from  the Internet.    He and  several                                                              
colleagues reviewed the  list to see if any of the  drugs would be                                                              
authorized under  HB 266.   He answered  that only one  drug would                                                              
be authorized, a  drug called Niaspan, which is  a time-released B                                                              
vitamin.  He  said people can buy time-released  Niaspan without a                                                              
prescription;  however, the  form that  has been  approved by  the                                                              
Federal  Drug Administration  (FDA),  which is  made according  to                                                              
their standards is  a prescription drug labeled  for the treatment                                                              
of high cholesterol.   He pointed out that this form  of B vitamin                                                              
has  the  legend.    Typically,  medical  insurance  will  provide                                                              
reimbursements  for  the  prescription   Niaspan.    Additionally,                                                              
capsicum  tinctures and other  herbal remedies  would be  included                                                              
in the definition.                                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON offered  his willingness  to wait  for the                                                              
written questions and responses.                                                                                                
                                                                                                                                
4:36:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  admitted she was confused.   She was unsure                                                              
of  whether the  distinction  of  placing the  current  regulatory                                                              
language in statutes would remedy the issues for the NDs.                                                                       
                                                                                                                                
DR.  JASPER agreed  the issue  is frustrating.   He  said that  18                                                              
years ago pharmacists  recognized limited prescriptive  authority,                                                              
but  now the  same  pharmacists  insist  the regulation  does  not                                                              
apply.  These  pharmacists have advised that they  use the statute                                                              
for guidance  on allowable  prescriptions.  He  was unsure  of how                                                              
it  could be  that 18  years ago  the regulations  allowed NDs  to                                                              
write prescriptions  for herbal medicines  but now they  cannot do                                                              
so.  The  NDs are convinced that  if the regulation is  adopted in                                                              
statute it will validate NDs prescriptions for herbal medicines.                                                                
                                                                                                                                
REPRESENTATIVE HOLMES said that everyone is puzzled.                                                                            
                                                                                                                                
DR. JASPER agreed.                                                                                                              
                                                                                                                                
4:38:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER referred to  slide 9,  titled "Now it  is a                                                              
Prescription  Medicine."   He  pointed out  the  label also  reads                                                              
poison.   He concluded  that the ND's  regulations clearly  do not                                                              
authorize prescribing poison.                                                                                                   
                                                                                                                                
4:39:41 PM                                                                                                                    
                                                                                                                                
DR. JASPER  answered that the  word poison has different  meanings                                                              
depending on  whether the language  is state or  federal language.                                                              
He  said  that  health  care  is   regulated  by  the  state,  but                                                              
medicines and  drugs are regulated  by federal law.   He explained                                                              
that labels  are prepared according  to the federal standards.   A                                                              
federal  FDA standard  of  poison exists  and  it defines  certain                                                              
medicines  as  poisons.    He offered  that  what  that  means  is                                                              
consuming a  large amount of  a drug labeled  poison would  not be                                                              
good,  but the  state  views a  poison  in terms  of  dosage.   He                                                              
referred  to  12  AAC  42.990, which  defines  poison  to  mean  a                                                              
substance  given in  a manner  that  has a  likelihood of  causing                                                              
physical injury or  death.  He asserted that  capsicum tincture is                                                              
not  a  poison  when  prescribed  in  appropriate  doses;  however                                                              
anyone drinking a  whole bottle would become quite  sick, which is                                                              
why the federal label lists it as a poison.                                                                                     
                                                                                                                                
4:41:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER  offered support  for  the  concept of  the                                                              
bill, but he wanted  to be sure safeguards exist.   He inquired as                                                              
to  how to  comport  the  prohibition  of poison  with  dispensing                                                              
medicine.                                                                                                                       
                                                                                                                                
DR. JASPER  recalled  in 1986, that  the sponsors  crafted  a bill                                                              
based  on language  derived  from other  jurisdictions,  primarily                                                              
from  Washington,   which  unfortunately  had  the   most  archaic                                                              
language.   He pointed out  at the time  only six states  licensed                                                              
NDs.   Very shortly  after that,  Washington revised its  statutes                                                              
with  modern terminology.    He agreed  from  the outset  Alaska's                                                              
terminology  was dated.    He offered  his  belief  that the  term                                                              
"poison"  was used  prior to  the  adoption of  FDA guidelines  on                                                              
poisons.    He  offered  his  belief  no  other  states  use  that                                                              
terminology.   He further recalled  that the Oregon  Supreme Court                                                              
upheld that a poison  is only a poison when it  is administered in                                                              
a  dose  that has  a  likelihood  of causing  physical  injury  or                                                              
death.   He said that  NDs administer doses  that are  safe, based                                                              
on  their training  and education,  concluding  the definition  of                                                              
poison is dose-dependent.                                                                                                       
                                                                                                                                
4:44:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER pointed  out that  bleach does  not have  a                                                              
safe dosage since it is poison.                                                                                                 
                                                                                                                                
DR. JASPER agreed.                                                                                                              
                                                                                                                                
4:45:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER expressed  concern  and  asked whether  the                                                              
language needs to be fixed.                                                                                                     
                                                                                                                                
DR. JASPER  answered no, that  the definition is  consistent since                                                              
any  amount of  the bleach  would  be harmful.    He explained  by                                                              
relating  that  many drugs  have  limits  between safe  doses  and                                                              
toxic doses,  which is  one reason that  labeling drugs  as poison                                                              
has fallen  out of vogue.   He offered  that a person  who ingests                                                              
too much  water will drown, yet  water is not considered  a poison                                                              
unless  the  dose   is  too  high.    He  characterized   this  as                                                              
consistent for all medicines.                                                                                                   
                                                                                                                                
CHAIR  OLSON  offered his  belief  the  questions being  asked  go                                                              
beyond  the  expertise  of  anyone  currently  in the  room.    He                                                              
offered  to  have the  FDA  participate  in  a future  meeting  to                                                              
answer  technical questions.   He  pointed  out that  none of  the                                                              
committee members are doctors.                                                                                                  
                                                                                                                                
4:48:11 PM                                                                                                                    
                                                                                                                                
GRACE DAVIS  said she was born  in 1926 and  is 85 years old.   In                                                              
1913, her  parents settled  in Tenakee noting  it was  a community                                                              
half-way between  Juneau and Sitka.   She later went  to Fairbanks                                                              
to attend  college.   She highlighted that  not many  doctors were                                                              
in Alaska  at the  time, and  of those,  many would  not take  new                                                              
patients.   Thus over  time she  ended up  seeing three  different                                                              
NDs, including  one in  Montana and  two in  Juneau.   She pointed                                                              
out  that two  doctors have  summer  homes in  Tenakee, which  has                                                              
been  very helpful  to residents.    She appreciated  the work  on                                                              
this bill.   She takes medications  but she acknowledged  that has                                                              
not ever been very sick.  She thanked members.                                                                                  
                                                                                                                                
4:53:44 PM                                                                                                                    
                                                                                                                                
CHAIR   OLSON   thanked   Ms.   Davis.      He   recognized   that                                                              
Representative  Munoz  has  actively  pursued  this  bill  and  he                                                              
appreciated her  efforts.  He concluded  by stating that  a person                                                              
could take a gallon  of drinking water and if they  poured it on a                                                              
cruise ship it could  cause the discharge to fail  to meet federal                                                              
drinking  water standards.   He  acknowledged one  of the  biggest                                                              
challenges is to mesh the laws.                                                                                                 
                                                                                                                                
4:56:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  what medicines  she is taking  that                                                              
are prescribed by NDs, if not too personal a question.                                                                          
                                                                                                                                
MS.  DAVIS   answered  that   she  takes   medicine  for   thyroid                                                              
medication  and atenolol.    She  said she  goes  to the  wellness                                                              
center for her prescriptions.                                                                                                   
                                                                                                                                
REPRESENTATIVE  MUNOZ, in response  to a  question on  whether Ms.                                                              
Davis's  medicine was  prescribed  by MDs  or  NDs, answered  that                                                              
medical and naturopathic personnel work at the facility.                                                                        
                                                                                                                                
[HB 266 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB235 Fiscal Note-DOA-DMV-1-23-12.pdf HL&C 2/8/2012 3:15:00 PM
HB 235
HB235 Fiscal Note-LAW-CIV-01-20-12.pdf HL&C 2/8/2012 3:15:00 PM
HB 235
HB235 Sponsor Statement.pdf HL&C 2/8/2012 3:15:00 PM
HB 235
HB235 Sectional Analysis.pdf HL&C 2/8/2012 3:15:00 PM
HB 235
HB235 Supporting Documents - Letter AADA.pdf HL&C 2/8/2012 3:15:00 PM
HB 235
HB235 ver A.pdf HL&C 2/8/2012 3:15:00 PM
HB 235
HB266 Fiscal Note-DCCED-CBPL-02-03-12.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Fiscal Note-DHSS-HCMS-2-3-12.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Fiscal Note-DHSS-MAA-2-6-12.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Sectional Analysis.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Sponsor Statement.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-12 AAC 42.990. Definitions.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-12 AAC Chapter 42 - Naturopaths.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-AS 08.45 Naturopaths.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-Assorted emails and letters as of 2-7-12.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-Letter American Assoc of Naturopathic Phys. 1-26-12.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-Letter AK Assoc of Naturopathic Phys. 1-26-12.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-Presentation Dr. CW Jasper's 1-8-12.pdf HL&C 2/8/2012 3:15:00 PM
HB 266
HB266 ver M.PDF HL&C 2/8/2012 3:15:00 PM
HB 266