Legislature(2011 - 2012)BARNES 124

02/17/2012 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 266 PRACTICE OF NATUROPATHY TELECONFERENCED
Heard & Held
*+ HB 314 ALASKA RAILROAD LAND LEASES TELECONFERENCED
Moved Out of Committee
                 HB 266-PRACTICE OF NATUROPATHY                                                                             
                                                                                                                                
3:18:29 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
HOUSE  BILL  NO.  266,  "An  Act  relating  to  the  practice  of                                                               
naturopathy; and providing for an effective date."                                                                              
                                                                                                                                
3:19:02 PM                                                                                                                    
                                                                                                                                
CHRISTOPHER  CLARK,  Staff,  Representative Cathy  Munoz,  Alaska                                                               
State  Legislature, on  behalf  of  Representative Munoz,  stated                                                               
that  HB  266   is  intended  to  place   into  statute  existing                                                               
regulations  for naturopaths  to make  it clear  that legislative                                                               
intent for the language.  He  related that the sponsor is holding                                                               
ongoing discussions  with various  groups to address  concerns of                                                               
physicians,  particularly  with  respect to  prescription  drugs,                                                               
while still preserving what NDs  can currently prescribe in their                                                               
practice.                                                                                                                       
                                                                                                                                
3:20:42 PM                                                                                                                    
                                                                                                                                
WARD  B.   HURLBURT,  M.D.,  Chief  Medical   Officer;  Director,                                                               
Division  of  Public  Health, Department  of  Health  and  Social                                                               
Services (DHSS),  stated that he  had an opportunity to  speak to                                                               
Dr. Jasper.   He related his understanding  that the naturopathic                                                               
doctors (NDs)  intent is  not to  expand or  change the  scope of                                                               
naturopathic practice, but merely to  clarify their practice.  He                                                               
has learned that while the  allopathic profession considers drugs                                                               
and  medicines as  one and  the same,  but from  the naturopath's                                                               
perspective   medicines  refer   to   more  naturally   occurring                                                               
substances  whereas  drugs are  more  apt  to  be ones  that  are                                                               
synthesized.   He suggested that  some of  the conflicts   in the                                                               
bill may be due to  definitional semantics.  He expressed concern                                                               
that this bill would expand the  practice of NDs to allow writing                                                               
prescriptions,  even   though  it   limits  the  ND   to  natural                                                               
substances.    He  explained  that  about 25  to  50  percent  of                                                               
medications normally provided through  a prescription are derived                                                               
from plants.                                                                                                                    
                                                                                                                                
3:23:21 PM                                                                                                                    
                                                                                                                                
DR. HURLBURT  pointed out that pharmaceutical  companies invest a                                                               
substantial amount on funguses,  molds, and natural substances to                                                               
treat cancer and  other diseases.  He expressed  concern that use                                                               
of drugs derived  from funguses and molds can be  risky.  He also                                                               
expressed  concern  that  the expanded  prescription  rights  for                                                               
drugs  that have  historically been  available  over the  counter                                                               
could  increase  costs  for  payors.     He  explained  that  200                                                               
milligrams (mg) of  Advil is normally available  over the counter                                                               
and is  not covered  by payors,  whereas the  800 mg  strength is                                                               
covered.    He  recalled  that  Dr. Jasper  gave  an  example  of                                                               
capsicum, which  is a  tincture from the  cayenne pepper  used to                                                               
treat congestion although  he cautioned that he is  not an expert                                                               
in  naturopathic medicines.   He  related his  understanding that                                                               
this  derivative  has  become  less  available  to  NDs  since  a                                                               
prescription  is currently  being required.   He  acknowledged he                                                               
did not know  the details, but the pharmacist in  the health care                                                               
service   for   the   Medicaid  program   identified   that   the                                                               
manufacturer  of  the  capsicum  tincture decided  to  require  a                                                               
prescription.     Thus   he  did   not  think   the  prescription                                                               
requirement  was mandated  by the  Food  and Drug  Administration                                                               
(FDA).   He said he  did not see any  problem with the  intent to                                                               
clarify the  naturopathic practices since NDs  have been licensed                                                               
since  the  1980s.    He  offered his  belief  that  the  initial                                                               
language in  the bill would have  expanded the practice in  a way                                                               
that would also increase health care costs.                                                                                     
                                                                                                                                
3:27:02 PM                                                                                                                    
                                                                                                                                
KRISTEN  COX,   Naturopathic  Doctor   (ND),  provided   a  brief                                                               
background of  her education  and training.   She  explained that                                                               
she came to  Juneau in 1985 as an AmeriCorps  volunteer, but left                                                               
to attend  naturopathic medical  school.  She  spent one  year in                                                               
Fairbanks for her residency at  the Holistic Medical Clinic prior                                                               
to moving to Juneau.  She  has practiced safely under the current                                                               
statutes and  regulations for the  past ten years.   She reported                                                               
that she  has provided  safe, effective,  and affordable  care to                                                               
over 564 patients.   She acknowledged the issues  with respect to                                                               
naturopathy surround language and definition.                                                                                   
                                                                                                                                
CHAIR OLSON agreed.                                                                                                             
                                                                                                                                
3:28:33 PM                                                                                                                    
                                                                                                                                
DR. COX  recalled earlier testimony that  the allopathic medicine                                                               
has origins  in natural and  botanical sources.  She  pointed out                                                               
medical  doctors  (MDs)  are familiar  with  medicines  that  are                                                               
considered drugs,  but that  does not  necessarily mean  the only                                                               
medicine is  drug related.  She  offered that NDs are  experts in                                                               
non-drug  medicine,   including  botanical  extracts   and  other                                                               
medicines  derived  from natural  substances.    She said  agreed                                                               
drugs can  be toxic and  dangerous, but  that does not  mean that                                                               
NDs  should not  be  able to  use  the medicines.    The NDs  are                                                               
extensively  trained and  are the  only practitioners  adequately                                                               
skilled  to dispense  botanical preparations.   She  related that                                                               
MDs do not  use naturopathic botanical preparations  and she does                                                               
not  want to  dispense  allopathic medicinal  types of  synthetic                                                               
prescription drugs.   She  identified one issue  is that  some of                                                               
the botanical therapies arbitrarily require a prescription.                                                                     
                                                                                                                                
3:29:57 PM                                                                                                                    
                                                                                                                                
DR. COX  stated that HB 266  would not expand the  ND's practice.                                                               
She referred  to an article  she recently read in  the Washington                                                             
Post  which indicates  by 2015  an estimated  shortage of  30,000                                                             
general  practitioners  (GPs).    She suggested  one  reason  the                                                               
shortage exists  is because  in the  U.S. the  potential earnings                                                               
for  general  practitioners is  about  half  of the  earnings  of                                                               
specialists, such as cardiologists.   She offered her belief that                                                               
NDs  willingly  go  into general  practice,  since  they  proudly                                                               
identify themselves as general  practitioners.  Additionally, the                                                               
NDs  enter  practice knowing  their  potential  earnings will  be                                                               
substantially less than MDs; however,  NDs still provide valuable                                                               
services  to  people  in communities  who  want  alternatives  to                                                               
conventional medicine.   She highlighted that  some people cannot                                                               
afford to  see a medical  doctor so they  gravitate to NDs.   She                                                               
further  offered that  NDs are  in  a unique  position to  triage                                                               
those patients and also care  for those who have irrational fears                                                               
about medical doctors.   She remarked that patients  trust NDs to                                                               
advise them if they need  additional care, such as emergency room                                                               
treatment or treatment by allopathic doctor.                                                                                    
                                                                                                                                
3:32:07 PM                                                                                                                    
                                                                                                                                
DR. COX expressed  frustration that she must testify  in order to                                                               
preserve her  limited scope of  practice as  an ND.   She offered                                                               
her belief  that passing  this bill  would help  ensure continued                                                               
access  to  health care  options  for  patients and  to  increase                                                               
patient  wellness  and  focus  on   prevention.    She  said,  "I                                                               
guarantee you increasing access  to naturopathic health care will                                                               
decrease health  care costs  and also  free up  time of  the very                                                               
busy medical doctors  to see their more  seriously ill patients."                                                               
She  suggested  that   members  may  be  interested   in  a  free                                                               
presentation  on  careers in  Alaska's  health  care industry  to                                                               
learn about the demand for  trained health care workers in Alaska                                                               
to be held this weekend at the Bill Ray Center.                                                                                 
                                                                                                                                
3:33:01 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON asked  for  the  types of  drugs  she prescribes  or                                                               
dispenses.                                                                                                                      
                                                                                                                                
DR. COX responded that this is  hard to answer since her practice                                                               
has  not  been  terribly  affected  by  the  recent  issues,  but                                                               
expressed  concern that  the naturopath's  scope of  practice has                                                               
been  diminished.     She  related  that  the   legend  for  some                                                               
prescriptions  is  somewhat  arbitrary.   She  pointed  out  that                                                               
professional  product manufactures  can  place a  label on  their                                                               
product in  an effort to market  the product to MDs.   She stated                                                               
NDs could lose  the ability to dispense natural  medicines if the                                                               
requirement  is the  medicine is  restricted  by prescription  by                                                               
MDs.   She commented other  NDs in  Alaska have been  affected by                                                               
the changes.                                                                                                                    
                                                                                                                                
3:34:46 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON related his understanding  that the FDA is the agency                                                               
that restricts drugs.                                                                                                           
                                                                                                                                
DR. COX said she did not know.   She was unsure of who determines                                                               
which products have  a legend.  She stated that  it seemed to her                                                               
that it  was somewhat arbitrary  based on the manufacturer.   She                                                               
said that  NDs rely  on manufacturers  for high  quality products                                                               
and these  companies do  not sell over  the counter  to patients,                                                               
but  distribute  products  to practitioners.    The  manufacturer                                                               
decides whether the product will  be restricted or if drug stores                                                               
can sell them.  She reported  that Ron's Apothecary used to honor                                                               
her prescriptions for natural substances  that he would compound,                                                               
but at  some point he stopped  honoring them.  She  asked whether                                                               
an  herbal compounded  prescription for  eczema should  require a                                                               
prescription.    She related  that  according  to the  compounded                                                               
pharmacist it  does.  She  said she did  not think her  access to                                                               
the  compound should  be restricted  simply  because the  statute                                                               
says that NDs  may not write a prescription.   She explained that                                                               
these  are  herbal  compounded   products.    She  suggested  the                                                               
restriction is  arbitrary and in doing  so potentially eliminates                                                               
a gigantic scope of NDs' practice.                                                                                              
                                                                                                                                
3:37:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  commented she is struggling  to figure out                                                               
what NDs can  and cannot do.  Clearly, the  definition in law and                                                               
in statute is not working since  NDs are being denied the ability                                                               
to provide certain medicines NDs  have always provided.  She said                                                               
that she  does not want to  adopt new statutes only  to find they                                                               
aren't any  clearer and  the changes don't  provide relief.   She                                                               
said, "I understand  it's really frustrating and  if someone were                                                               
coming  after my  livelihood I  would feel  the same  way."   She                                                               
emphasized  that the  committee  wants  to specifically  identify                                                               
what is allowable and dispel any ambiguity.                                                                                     
                                                                                                                                
3:38:34 PM                                                                                                                    
                                                                                                                                
DR.  COX  said she  appreciated  the  committee's efforts.    She                                                               
acknowledged that  the law is  an antiquated  law.  The  NDs have                                                               
not been  successful in their  efforts to revise  their statutes.                                                               
She suggested the  approach the NDs took was to  model in statute                                                               
what has  been in  effect in  regulation for 18  years.   The NDs                                                               
thought  taking this  approach would  be  the least  oppositional                                                               
approach  to  take  since   redefining  the  entire  naturopathic                                                               
statute would be far more complicated.                                                                                          
                                                                                                                                
3:39:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  related that allopathic doctors  have been                                                               
practicing  medicine  for  years  and  other  doctors  have  also                                                               
practiced naturopathic medicine for years.   However, it seems as                                                               
though suddenly  a new interpretation by  pharmacists has arisen.                                                               
He  offered his  belief  that hearing  pharmacists' testimony  is                                                               
crucial.                                                                                                                        
                                                                                                                                
CHAIR OLSON agreed  and offered to invite the  FDA to participate                                                               
at a future meeting.                                                                                                            
                                                                                                                                
3:41:26 PM                                                                                                                    
                                                                                                                                
MARY ALICE  MCKEEN stated that  she is  an attorney and  has been                                                               
licensed  to   practice  law   since  1978,   but  works   as  an                                                               
administrative judge  for the federal  government.   However, she                                                               
said she  is testifying today solely  as a private citizen.   She                                                               
and her husband, David Ottesen,  also own Rainbow Foods, which is                                                               
a  natural foods  store located  about a  block from  the Capitol                                                               
Building.  She  said she is testifying in support  of HB 266, and                                                               
urged  members  to adopt  the  bill.    She thanked  members  for                                                               
wrestling with  the subject because  this is a problem  that only                                                               
legislators can  solve.  In  1986, the legislature made  a policy                                                               
decision to license naturopaths so  people could obtain care from                                                               
naturopathic doctors.  She detailed  that to receive a license in                                                               
Alaska, NDs  either gain licensure  through an ND  license issued                                                               
to them in  another jurisdiction, or they must  pass a nationwide                                                               
naturopathic  exam.   She  offered  her belief  that  all NDs  in                                                               
Alaska  are  licensed  in  another jurisdiction.    In  order  to                                                               
receive a license, a naturopath  must obtain 55 hours of training                                                               
in  pharmacology,  1,639  hours  of training  in  basic  clinical                                                               
science,  132  hours  of training  in  therapeutic  nutrition  in                                                               
naturopathic  medical school.    She  commented that  therapeutic                                                               
nutrition  is an  elective in  medical schools.   She  emphasized                                                               
that the legislature realized that  NDs are trained professionals                                                               
and the legislature previously made  the policy decision to allow                                                               
them  to  practice.   She  stressed  that  this as  an  important                                                               
context  to keep  in  mind  while deliberating  the  issue.   The                                                               
division  interpreted  the   naturopathic  [statute]  and  passed                                                               
[regulations]  outlining  what NDs  could  do  since the  statute                                                               
indicated  that  the  NDs could  not  issue  prescription  drugs.                                                               
Naturopaths   differentiate   between  the   terms   prescription                                                               
medicine and  prescription drug.   She said that this  is clearly                                                               
authorized by [statute] since it  defines prescription drug.  She                                                               
said, "Prescription drug  does not include a device  or herbal or                                                               
homeopathic  remedy   in  a  form   that  is  not   a  controlled                                                               
substance."  She agreed that  double negatives make this language                                                               
more difficult  to understand, but  she interpreted this  to mean                                                               
that if the  prescription drug is in a form  that is a controlled                                                               
substance the naturopaths cannot prescribe it.                                                                                  
                                                                                                                                
3:45:18 PM                                                                                                                    
                                                                                                                                
MS. MCKEEN  highlighted that the  FDA clearly  defines controlled                                                               
substances.  She characterized that  the definition of controlled                                                               
substance as  a very clear term,  noting it identifies what  is a                                                               
controlled  substance and  what  is  not one.    She offered  her                                                               
belief  the division's  current  interpretation is  that the  NDs                                                               
cannot  prescribe   or  recommend  their  patients   use  natural                                                               
substances is an  invalid interpretation of the  regulation.  She                                                               
suggested  that patients  could grind  up their  own capsicum  or                                                               
produce butyric acid, which is found  in butter.  However, if the                                                               
patients want  something standardized  they cannot  get it.   She                                                               
offered  her  belief  that  is   not  the  distinction  that  the                                                               
legislature  and  the  department  made in  their  definition  of                                                               
prescription drug.  She reminded  members the [statute] says that                                                               
NDs  cannot prescribe  controlled  substances.   She offered  her                                                               
belief  patients should  not  be limited  to  grinding their  own                                                               
medicine, but should be able  to get these substances prescribed.                                                               
She was  unsure what  would increase the  costs.   She reiterated                                                               
that some substances are prescription  medicine and some are not.                                                               
This  bill would  not increase  overall medical  costs since  NDs                                                               
charge substantially less than medical doctors charge.                                                                          
                                                                                                                                
3:47:12 PM                                                                                                                    
                                                                                                                                
MS. MCKEEN  shared with members  that her husband,  Dave Ottesen,                                                               
is continually asked  for medical advice since he  owns a natural                                                               
food  store; however,  he does  not  give medical  advice.   This                                                               
illustrates  her  point  that  some  people  will  not  go  to  a                                                               
conventional doctor  but will  go to  others for  medical advice,                                                               
including a  naturopath.   She stated  that her  husband suggests                                                               
those not wishing to see an  MD might prefer to see a naturopath,                                                               
with  limited prescriptive  authority  who may  be  able to  help                                                               
them.   She recalled  prior testimony  that naturopaths  also can                                                               
refer patients  to medical doctors.   She asked members  to solve                                                               
this current  problem and  to implement  the policy  decision the                                                               
legislature adopted  in 1986, which  the NDs have  been operating                                                               
under.   She summarized  that NDs  have had  limited prescriptive                                                               
authority   for  natural   substances,  but   not  to   prescribe                                                               
controlled  substances.   She offered  her belief  that NDs  have                                                               
been able to prescribe natural substances until recently.                                                                       
                                                                                                                                
3:48:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER  expressed  his  appreciation  in  hearing                                                               
someone  who interprets  statutes testify  before the  committee.                                                               
He  asked  whether  she  thought,  from  the  perspective  of  an                                                               
administrative  law judge,  that HB  266 will  clearly accomplish                                                               
the clarification for naturopaths.                                                                                              
                                                                                                                                
3:49:55 PM                                                                                                                    
                                                                                                                                
MS. MCKEEN  said she was not  sure if the question  is whether HB
266, in the original form would  address the issues clearly.  She                                                               
pointed out  she works  on federal fisheries  and issues  of this                                                               
nature would  not come  before her in  her judicial  capacity, in                                                               
fact, she would not testify on  any matter that might come before                                                               
her.  She  then offered her belief that HB  266 would improve the                                                               
situation.    However,  she  was   unsure  whether  an  ND  could                                                               
prescribe butyric acid under the definition in law.                                                                             
                                                                                                                                
REPRESENTATIVE MILLER said he is also unsure.                                                                                   
                                                                                                                                
MS. MCKEEN  stated that  she thought  the bill  seemed reasonably                                                               
clear overall.   She offered  her belief it is  almost impossible                                                               
to pass something with little question.                                                                                         
                                                                                                                                
3:51:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  said he hoped adopting  current regulation                                                               
into statutes will clarify prescription authority for NDs.                                                                      
                                                                                                                                
MS. MCKEEN answered  that she thought the bill  would improve the                                                               
practice  of  naturopathy  materially.   She  recalled  that  the                                                               
division  previously  testified  that   the  statute  trumps  the                                                               
regulation,  but she  disagreed with  that interpretation,  since                                                               
licensed naturopaths should be able  to rely on regulations.  She                                                               
offered his belief the bill  would solve the problem the division                                                               
holds  that the  regulation conflicts  with the  current statute.                                                               
She did not think the  bill would eliminate every single question                                                               
of interpretation,  but it would  make the regulation  conform to                                                               
the statute.  She suggested that  that it creates a bad situation                                                               
when the  department does not  hold that the  regulation conforms                                                               
to statute.                                                                                                                     
                                                                                                                                
MS. MCKEEN,  in response  to Chair Olson,  answered she  would be                                                               
happy  to  look  at  draft  language or  further  testify.    She                                                               
emphasized that  she has a  deep personal interest in  this bill,                                                               
but she has not been involved in the discussions.                                                                               
                                                                                                                                
3:53:39 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON asked  to place  on  the record  that he  is not  an                                                               
expert.  He said he appreciated her help.                                                                                       
                                                                                                                                
3:54:37 PM                                                                                                                    
                                                                                                                                
REBECCA  VAN  DE WATER,  Certified  Nurse  Midwife (CNM);,  Adult                                                               
Nurse  Practitioner  (ANP);  Midwifery  Director,  Juneau  Family                                                               
Health and Birth  Center, stated that she is  also a naturopathic                                                               
doctor's client  and regularly refers  her patients to NDs.   She                                                               
said she hoped that some  verbiage would make it abundantly clear                                                               
what NDs can do  since she relies on them to fill  in the gaps of                                                               
her  own  care.    She  stated  that  she  was  trained  at  Yale                                                               
University to  prescribe medicine and  in some instances  to work                                                               
with   natural  herbal   homeopathic  remedies   and  plant-based                                                               
medicines;  however, she  will not  work with  things she  is not                                                               
trained to use.   Thus she relies on NDs to be  the experts.  She                                                               
reiterated that she hoped the committee  could find a way to keep                                                               
their scope as broad and appropriate as possible.                                                                               
                                                                                                                                
3:55:55 PM                                                                                                                    
                                                                                                                                
ASHLEY MAY,  Naturopathic Doctor (ND),  stated that this  bill is                                                               
critical for  the stability of  naturopathic medicine  in Alaska.                                                               
He characterized NDs as primary  care providers that provide safe                                                               
and effective  care.   He emphasized that  he has  only practiced                                                               
naturopathy for two and one-half  years in Alaska, which he found                                                               
can  be frustrating  since  Alaska is  a  limited-scope state  in                                                               
terms of  naturopathy, while Washington state  allows naturopaths                                                               
a  broader scope  of practice.   He  testified that  it has  been                                                               
harder and  harder to obtain  products he normally has  been able                                                               
to get.   He  predicted that  passing HB  266 would  help attract                                                               
other NDs  to Alaska.   He also advised  that NDs have  a proven,                                                               
safe, track record  in Alaska.  He asked to  lend his support for                                                               
HB 266.                                                                                                                         
                                                                                                                                
3:57:58 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON asked what types of medicines he prescribes.                                                                        
                                                                                                                                
DR.  MAY  answered  that  his  practice  is  primarily  a  family                                                               
practice.   He  dispenses  multi-vitamins, fish  oil, vitamin  D,                                                               
natural thyroid,  and adrenal extracts.   He  characterized these                                                               
substances as safe  and effective medicines and that  he does not                                                               
prescribe  heavy narcotics  or pain  medications.   He emphasized                                                               
that family practice entails a wide scope of medicines.                                                                         
                                                                                                                                
DIANE  CRYER  stated  that  she  is  a  patient  of  naturopathic                                                               
medicine.   She recommended  the committee pass  HB 266  since it                                                               
will  clarify  the  practice  of naturopathy  and  allow  NDs  to                                                               
continue to  perform as they have  previously been able to  do in                                                               
Alaska.   She  also  stated  that NDs  are  filling  a niche  for                                                               
patients.   She  said  that limiting  NDs not  only  adds to  the                                                               
frustration for NDs, medical doctors, and patients.                                                                             
                                                                                                                                
SCOTT  LUPER, Naturopathic  Doctor (ND),  Chief Medical  Officer,                                                               
Alaska Center for Natural Medicine,  stated that he has practiced                                                               
in Alaska since 2000.  He related  a scenario in which in which a                                                               
patient came  to see him for  ulcerative colitis.  He  offered he                                                               
has often  treated this condition  by using sodium  butyric acid,                                                               
which  he  has  been  able  to obtain  from  Key  Pharmacy  in  a                                                               
concentrated  form,  along  with  applicators.   He  related  the                                                               
treatment will  usually stop bleeding  in one  to two weeks.   He                                                               
said that he  was not able to purchase the  butyric acid from Key                                                               
Pharmacy since  the pharmacy  had been  instructed by  the Alaska                                                               
Board  of Pharmacy  not  dispense to  the drug  to  NDs since  it                                                               
required a  prescription.   He was unsure  of how  that happened;                                                               
however, the BOP did verify that they had contacted pharmacies.                                                                 
                                                                                                                                
DR. LUPER reiterated  earlier testimony that one  remedy would be                                                               
to adopt  the naturopath's regulation  into statutes.   He agreed                                                               
the solution  seems odd since  the weight of law  for regulations                                                               
is equal  to statutes.   He  described his  practice as  one that                                                               
includes  treating cancer  patients, often  working with  a local                                                               
oncologist to  prescribe intravenous  therapy (IV)  treatments to                                                               
mitigate  the  effects  of  chemotherapy   or  enhance  the  IV's                                                               
effects.   Additionally,  he has  also  used vitamin  C to  treat                                                               
ovarian cancer.  He indicated that  it has been more difficult to                                                               
obtain  the IVs.    He named  several  pharmacies, including  Key                                                               
Pharmacy, who will not sell to  him.  He suggested that this bill                                                               
will help and by allowing NDs  to continue to practice safely and                                                               
help patients.   He related  that the  NDs he knows  love Alaska,                                                               
even though they cannot fully  practice their profession based on                                                               
their education.   He said,  "Unless this law passes  we're going                                                               
to have  the other hand  tied behind our back  - at least  two or                                                               
three fingers -  and keep us from doing things  we've done safely                                                               
for 18 years  here in Alaska, particularly  with cancer patients,                                                               
particularly  with the  IV nutrients,  and sodium  butyric."   He                                                               
expressed  concern  with the  concept  of  developing a  list  of                                                               
medicines since medical science moves  and shifts.  Thus any list                                                               
would soon be out of date.                                                                                                      
                                                                                                                                
4:05:31 PM                                                                                                                    
                                                                                                                                
BILL  KELLEY,  Medical   Doctor  (MD),  stated  that   he  is  an                                                               
allopathic primary  care physician who  has worked in  Alaska for                                                               
about 20  years.  He stated  he has found the  testimony helpful.                                                               
He said in  his community, that the allopathic  physicians have a                                                               
great deal  of respect  for NDs for  the reasons  just mentioned.                                                               
He guessed  if MDs and NDs  sat down, little dispute  would arise                                                               
as to which  medicines can be prescribed.  He  heard testimony to                                                               
indicate a  hope that  this bill  would not  change the  scope of                                                               
practice by  NDs.  He  said, "My concern is  the devil is  in the                                                               
details in terms of semantics."   He acknowledged that he did not                                                               
have a solution, but was  worried since most allopathic medicines                                                               
historically are derived from botanical  sources.  He pointed out                                                               
cancer drugs, including  Taxol, which is extracted  from the bark                                                               
of the Pacific yew tree.   He said the proposed statute literally                                                               
would allow  NDs to prescribe  Taxol.   He said he  realized this                                                               
statement  may be  ludicrous, but  it captures  his concern.   He                                                               
supposed the FDA  needs to be involved in terms  of assisting the                                                               
committee  with the  semantics;  however, he  offered his  belief                                                               
that the bill as currently  written might allow for a significant                                                               
increase in the scope of practice for NDs.                                                                                      
                                                                                                                                
4:07:53 PM                                                                                                                    
                                                                                                                                
KATY  SHERIDAN,   Medical  Doctor  (MD),  stated   that  she  has                                                               
practiced  family medicine  for 16  years.   She echoed  what Dr.                                                               
Kelley  just  said, noting  she  also  has  a great  respect  for                                                               
complementary medicine and  is open for her patients  to have the                                                               
choice to select  whatever care is best for them.   She expressed                                                               
concern  that this  bill  may  open the  opportunity  for NDs  to                                                               
prescribe  outside their  scope  of practice,  noting her  belief                                                               
that  most would  not do  so.   She acknowledged  the problem  of                                                               
working  outside the  scope  of their  practice  also happens  in                                                               
allopathic medicine.  She agreed  with earlier testimony that the                                                               
words should be  clearer.  She noted a number  of medications are                                                               
derived   from  natural   plants  that   are  incredibly   potent                                                               
medications,   including  powerful   cardiac   medicines.     She                                                               
suggested  the  committee revise  the  language  to help  protect                                                               
patients.                                                                                                                       
                                                                                                                                
REPRESENTATIVE MILLER said the  committee would welcome suggested                                                               
language.   He offered  his belief that  people are  in agreement                                                               
that the language needs to be worked on for clarity.                                                                            
                                                                                                                                
4:11:10 PM                                                                                                                    
                                                                                                                                
MARY  ANN FOLAND,  Medical Doctor  (MD); President,  Alaska State                                                               
Medical  Association  (ASMA),  offered some  concerns  about  the                                                               
bill.   She related that she  is a family practice  physician who                                                               
has practiced  in Alaska since  1977.  She  said she is  the past                                                               
president  of the  Alaska Academy  of  Family Physicians  (AAFP).                                                               
She identified the  primary concern of both groups  is the health                                                               
of all Alaskans.   She cautioned members to  not misinterpret the                                                               
lack  of letters  and calls  as disinterest  in this  bill.   She                                                               
emphasized  that the  physicians have  been following  this issue                                                               
intently since  this issue has  the potential to  have tremendous                                                               
and irreversible impact  on patient safety.  She  stated that the                                                               
MDs have  been working with  the legislature to help  clarify the                                                               
issue and reach a compromise.                                                                                                   
                                                                                                                                
DR. FOLAND  said this is  not an issue  of turf protection.   The                                                               
intent is  not to change the  scope, but is to  clarify the scope                                                               
of practice  of NDs.  She  stated that in prior  years on similar                                                               
bills, the ASMA  has presented testimony and data  to support the                                                               
significant  differences  in  training  and  supervised  clinical                                                               
experience between physicians and naturopaths.   She said that is                                                               
the basis for  concern with respect to the scope  of practice for                                                               
NDs.  She  highlighted that the goal of the  bill to preserve the                                                               
status  quo  seems so  simple;  however  it  is not  as  straight                                                               
forward as it  seems. She explained that  the division apparently                                                               
has some details pertaining to  current prescriptive practices of                                                               
some NDs.   She  offered her  belief the reality  of the  bill is                                                               
that  the language  would expand  prescriptive privileges  beyond                                                               
what is currently legal and beyond nebulous limits.                                                                             
                                                                                                                                
MS. FOLAND  offered that the  legislature has the  opportunity to                                                               
clarify and define those limits.   She suggested that the phrase,                                                               
"any natural  substance" is  vague.  She  related that  she asked                                                               
registered  pharmacists which  prescriptions  this would  include                                                               
and they  responded that the list  is far too expansive  to list.                                                               
She reported that it would  include substances already mentioned,                                                               
such  as  hormones, birth  control  pills,  insulin, warfarin  or                                                               
Coumadin, steroids, antibiotics,  chemotherapy agents, biologics,                                                               
morphine  and countless  other drugs.    She agreed  it would  be                                                               
helpful to get a list of  medicines the ND's wish to prescribe so                                                               
the ASMA could  evaluate them.  She said the  MDs she asked about                                                               
the   requested  vitamin   B12,  vitamin   C,  saline,   capsicum                                                               
previously mentioned  and they offered  that those would  be just                                                               
fine.   However, medications  listed by  the FDA  as prescription                                                               
drugs  are defined  by  requiring a  prescription  by a  licensed                                                               
physician would  not be okay.   It has  never been the  intent of                                                               
ASMA or  the AAFP to  shut down practices  of NDs, but  rather to                                                               
clarify what is allowed and what is not allowed.                                                                                
                                                                                                                                
4:15:25 PM                                                                                                                    
                                                                                                                                
DR. FOLAND encouraged members to  carefully consider this measure                                                               
carefully and  set appropriate  limits.  In  response to  a prior                                                               
question,  she   enthusiastically  supported  having   an  entity                                                               
without a conflict of interest  make a distinction between a list                                                               
of  prescription  drugs  and  a  dietary  supplement,  an  herbal                                                               
supplement, and an over-the-counter  homeopathic supplement.  She                                                               
identified the FDA  as that entity since it is  charged to review                                                               
prescription   drugs  for   safety  and   efficacy  and   dietary                                                               
supplements for manufacturing and marketing standards.                                                                          
                                                                                                                                
4:16:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON inquired  as to whether as  to the number                                                               
of  lawsuits  for NDs  for  miss  prescriptions since  they  have                                                               
practiced in  Alaska for  18 years.   He  further asked  how many                                                               
malpractice suits have been brought against MDs in the state.                                                                   
                                                                                                                                
DR. FOLAND said she did not know.                                                                                               
                                                                                                                                
4:17:14 PM                                                                                                                    
                                                                                                                                
JIM   JORDAN,   Executive    Director,   Alaska   State   Medical                                                               
Association,  (ASMA),  suggested   contacting  the  Alaska  State                                                               
Medical Board  to obtain any  cases against physicians  since MDs                                                               
must report any settlement to the board.                                                                                        
                                                                                                                                
CHAIR  OLSON related  the committee  would be  interested in  the                                                               
numbers and years, without names.                                                                                               
                                                                                                                                
DR. JORDAN  answered that names are  included.  He was  unsure of                                                               
any reporting required of NDs.                                                                                                  
                                                                                                                                
4:18:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  asked if  the committee  were to  create a                                                               
list, whether  they knew  of any  organization that  could review                                                               
substances - new and old - and  respond in a timely fashion as to                                                               
which  ones  are  appropriate  medicines for  NDs  or  should  be                                                               
reserved as allopathic drugs.                                                                                                   
                                                                                                                                
DR. FOLAND answered that the FDA's purpose is to review drugs.                                                                  
                                                                                                                                
4:19:58 PM                                                                                                                    
                                                                                                                                
DR.  JORDAN  offered to  provide  background  information on  the                                                               
FDA's  regulatory process.   As  a starting  point, he  suggested                                                               
using the definitions existing in the  FDA laws.  He reported the                                                               
FDA has definitions  for the four basic  categories, pointing out                                                               
the FDA  considers anything not a  food that impacts the  body is                                                               
considered  a drug.   He  listed the  categories as  prescription                                                               
drugs,   listed   or   legend  drugs,   over-the-counter   drugs,                                                               
homeopathic drugs,  and dietary supplements.   He elaborated that                                                               
the definition  of dietary supplements includes  herbal remedies,                                                               
herbal  supplements, vitamins,  botanicals, and  other items.  He                                                               
emphasized that  it is important  to have clear delineation.   He                                                               
offered  his  belief that  there  is  no single  definitive  list                                                               
prepared  by the  FDA.   However,  the FDA  publishes a  document                                                               
known  as the  "orange  book,"  which is  an  electronic list  of                                                               
approved drug  products with therapeutic  equivalency evaluation.                                                               
He reported that  the current edition is the  32nd edition, which                                                               
is 1298  pages long and is  updated daily.  The  orange book only                                                               
includes  the  current prescription  drugs  being  marketed.   In                                                               
order to get  a definitive list it would be  necessary to examine                                                               
all of the prior lists.  He  suggested this as a pathway to take.                                                               
Additionally, he  recommended consistent definitions  in statutes                                                               
such  as the  statutes  for pharmacies  to  avoid any  disconnect                                                               
between the two.                                                                                                                
                                                                                                                                
4:23:03 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON stated that public testimony would be held open.                                                                    
                                                                                                                                
4:23:26 PM                                                                                                                    
                                                                                                                                
MS.  MCKEEN,   in  response  to  a   question  by  Representative                                                               
Thompson,   answered  that   the  main   insurance  company   for                                                               
naturopaths  is the  NCMIC, [which  was  originally the  National                                                               
Chiropractic  Mutual  Insurance  Company].   She  referred  to  a                                                               
letter  from their  litigation  consultant,  a naturopath,  wrote                                                               
that they have  provided liability insurance for  NDs since 2001.                                                               
Since that time  one professional liability claim  was filed, but                                                               
the case resulted  in the plaintiff dismissing the  lawsuit.  She                                                               
restated that  since 2001 there  has only been one  claim brought                                                               
against NDs, but  it was dismissed since it was  found to have no                                                               
validity.                                                                                                                       
                                                                                                                                
[HB 266 was held over.]                                                                                                         
                                                                                                                                
4:24:38 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:24 p.m. to 4:26 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB314 Supporting Documents-Assorted Letters.pdf HL&C 2/17/2012 3:15:00 PM
HB 314
HB314 Supporting Documents-Assorted Letters (2).pdf HL&C 2/17/2012 3:15:00 PM
HB 314
HB314 Sponsor Statement.pdf HL&C 2/17/2012 3:15:00 PM
HB 314
HB314 Fiscal Note-DNR-MLW-2-10-12.pdf HL&C 2/17/2012 3:15:00 PM
HB 314
HB314 Fiscal Note-DCCED-ARRC-02-10-12.pdf HL&C 2/17/2012 3:15:00 PM
HB 314
HB266 Oppposing Documents-Letter Robin Cooke 2-6-12.pdf HL&C 2/17/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-Assorted Letters and Emails for Feb 17 meeting.pdf HL&C 2/17/2012 3:15:00 PM
HB 266
HB314 ver A.pdf HL&C 2/17/2012 3:15:00 PM
HB 314
HB266 Supporting Documents-Copy of email from Dave Evans with NCMIC.pdf HL&C 2/17/2012 3:15:00 PM
HB 266