Legislature(2011 - 2012)BARNES 124

02/20/2012 03:15 PM House LABOR & COMMERCE


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03:20:42 PM Start
03:21:05 PM HB251
05:04:10 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 251 PRACTICE OF VETERINARY MEDICINE TELECONFERENCED
Heard & Held
             HB 251-PRACTICE OF VETERINARY MEDICINE                                                                         
                                                                                                                                
3:21:05 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  only order of business  would be,                                                              
SPONSOR SUBSTITUTE  FOR HOUSE  BILL NO. 251,  "An Act  relating to                                                              
the Board of  Veterinary Examiners and the practice  of veterinary                                                              
medicine."                                                                                                                      
                                                                                                                                
3:21:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALAN DICK, Alaska  State Legislature,  offered his                                                              
belief  that   this  issue   represents   one  of  the   strongest                                                              
constituent issues  he has  encountered thus  far.  This  bill has                                                              
come  about as  a result  of painful  experiences, in  particular,                                                              
represents  what  has not  worked  for  rural veterinarians.    He                                                              
stated that  his constituents  were so  frustrated with  the Board                                                              
of Veterinary Examiners  (BVE) that they wanted to  create a rural                                                              
veterinarian   board.     He   characterized   this   bill  as   a                                                              
governmental response  to the people.  He offered  his belief that                                                              
if  the state  were  on  trial there  would  not be  any  evidence                                                              
submitted to  demonstrate that  the state  cares about  animals in                                                              
the Bush.   He acknowledged that Alaskans welcome  volunteerism in                                                              
many aspects  of Alaska, but in  terms of rural  veterinarian care                                                              
the  volunteer  effort  has been  stonewalled.    Volunteers  from                                                              
international  organizations would be  glad to have  opportunities                                                              
to work  in rural  Alaska and  provide clinics  to offer  spay and                                                              
neuter clinics  or rabies shots.   However, the  political climate                                                              
is not favorable.   He stressed  that the Bush is not  looking for                                                              
great  veterinarian  care,  but  is  seeking  regular  care.    He                                                              
recalled  that as  a dog  musher  he administered  his own  rabies                                                              
shots, which is  no longer allowed.  He highlighted  a significant                                                              
number of dogs roam  in rural Alaska since people  can't afford to                                                              
fly animals to and from their towns.                                                                                            
                                                                                                                                
3:25:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  stated he promised  his constituents  that he                                                              
would  work to achieve  a veterinary  care system  that works  for                                                              
them.  He  emphasized the goal  is to achieve safe  conditions for                                                              
professional veterinarian  volunteers to travel to  Bush Alaska in                                                              
order to  perform services, such  as spay and neuter  clinics, and                                                              
to administer rabies  shots without political hassles.   This bill                                                              
has strong  Alaska Federation of  Native (AFN) support,  including                                                              
a resolution  passed at their last  meeting.  He urged  members to                                                              
create a  level playing field  or at least  to create one  to play                                                              
on.                                                                                                                             
                                                                                                                                
3:26:15 PM                                                                                                                    
                                                                                                                                
ANNETTE KREITZER,  Staff, Representative  Alan Dick,  Alaska State                                                              
Legislature,  stated that  the genesis  of  the bill  came from  a                                                              
constituent complaint  about a specific veterinarian  and from the                                                              
loss of affordable  care in rural  Alaska.  She said that  she has                                                              
reviewed  the  past  legislative  audits  and  annual  reports  to                                                              
determine what  the Board of  Veterinary Examiners (BVE)  has done                                                              
to  address  the  issue  of rural  veterinary  care.    Despite  a                                                              
permissive  statute,   AS  08.98.057,   enacted  to   monitor  the                                                              
standards  of veterinary  provided  in the  state, no  one in  the                                                              
department  could remember  when such  a request  was made  to the                                                              
BVE.   She pointed out  that the statute  has been in  place since                                                              
1981.   She  suggested  due to  the  angst in  the  Bush over  the                                                              
surrender of  a veterinarian's license,  that it  seems reasonable                                                              
to expect  the department and the  BVE would have  exercised their                                                              
statutory responsibilities.   In fact,  the past president  of the                                                              
BVE told  the Fairbanks  News Miner  in February  2010 that,  "the                                                            
board doesn't track  veterinarians unless someone  complains about                                                              
them."  Thus  it is not clear  how many veterinarians  work in the                                                              
Bush.  She  highlighted the past  president was not aware  the BVE                                                              
could  monitor the  availability  of veterinary  services  despite                                                              
intentions  to fill  the  departure of  two  veterinarians in  the                                                              
Interior is  significant.  The frustration  caused by the  exit of                                                              
the second  veterinarian, who had  served Interior  Alaska through                                                              
Tanana  Chiefs   Conference,  resulted   in  the  AFN   passing  a                                                              
resolution calling for a separate rural veterinarian board.                                                                     
                                                                                                                                
MS.  KREITZER speaking  as  a former  rural  health care  provider                                                              
understood rural  Alaskans' frustration.   She offered  her belief                                                              
that  medical  professionals  are  sometimes willing  to  offer  a                                                              
clinic  if they  could  hunt and  fish,  often  at the  provider's                                                              
convenience  and  not necessarily  when  the community  needs  the                                                              
care.   She  emphasized  the need  for  veterinary  care in  rural                                                              
Alaska  is acute.   She  pointed  out that  frequently the  Alaska                                                              
State  Veterinary   Medical  Association  (AKVMA)   has  expressed                                                              
concern  about anything  that  might create  a  lower standard  of                                                              
care for rural  residents.  This exemplifies  the misunderstanding                                                              
of how  rural Alaskans  face risks  every day.   When compared  to                                                              
the  Lower 48,  Alaska's Emergency  Medical Technicians  routinely                                                              
practice a  level above their  certification due  to circumstances                                                              
in rural  Alaska.  She  also offered her  belief that  most people                                                              
will stop using  an incompetent practitioner.  In  April 2005, the                                                              
Board  of Dental  Examiners  (BDE) ruled  that  the dental  health                                                              
aide  therapist  services  constituted the  unlawful  practice  of                                                              
dentistry in  Alaska, which was  later overturned.   She suggested                                                              
many  parallels  between the  dental  health aide  therapists  and                                                              
rural  veterinary services.   She  cited an article  in which  the                                                              
head of the American  Dental Association expressed his  fears.  At                                                              
the  time he  said, "I've  had  patients in  my  chair have  heart                                                              
attacks.   I've had  people have  strokes.   I've had  people that                                                              
have  life-threatening  allergic  reactions  to  medications  they                                                              
took before  they came in the  office.  You  do not have a  lot of                                                              
time to think when  you react to that."  She  could relate to that                                                              
as an EMT  II, who previously served  in a remote community.   She                                                              
suggested  that the ADA  was worried  about more  than safety.   A                                                              
recent  survey of  over 100,000  ADA members  showed that  members                                                              
felt some  uncertainty over about  their economic stability.   She                                                              
related  her  understanding  that  is also  true  in  Alaska  with                                                              
respect to veterinarians over economic stability.                                                                               
                                                                                                                                
3:30:38 PM                                                                                                                    
                                                                                                                                
MS.  KREITZER  related  her understanding  some  veterinarians  in                                                              
Alaska had  to close their doors  due to competition  and economic                                                              
conditions.   The sponsor  has worked  with the Governor's  office                                                              
to ensure  that the  board has  members with  a rural  perspective                                                              
and are committed  to make it easier for pro bono  care in Alaska.                                                              
In addition  to the licensed  out-of-state veterinarians  who have                                                              
been able  to practice outside  the purview  of the BVE  for 30-40                                                              
years,  health  care  workers  not license  in  Alaska  have  been                                                              
providing  health  care  within  the Native  health  care  system.                                                              
Registered  nurses, pharmacists,  and  others  provide this  care,                                                              
she  stated.   She offered  that a  senior policy  advisor at  the                                                              
Indian Health  Service believes  veterinarians fall into  the same                                                              
category  of providers  of health  care.   The Western  Interstate                                                              
Commission  on  Health  Education  (WICHE)  and  the  U.S.  Public                                                              
considers  veterinary  health crucial  to  the overall  health  of                                                              
communities.                                                                                                                    
                                                                                                                                
3:32:19 PM                                                                                                                    
                                                                                                                                
MS. KREITZER provided  a sectional analysis of the  bill.  Section                                                              
1  would make  certain  that  a  person may  volunteer  veterinary                                                              
services  and  receive   coffee,  housing,  and   meals  or  other                                                              
compensation.  She  pointed out that a letter  in members' packets                                                              
from the BVE states  that regulations do not prohibit  it, but she                                                              
said that  is incorrect.   She emphasized  that legislative  legal                                                              
agrees that the  BVE interprets this, but current  regulations and                                                              
statutes  do  not  address compensation.    She  highlighted  that                                                              
licensed  out-of-state  veterinarians  can  practice  outside  the                                                              
scope of the BVE.   Section 1 would broaden this  exemption to in-                                                              
state  licensed  veterinarians.   She  emphasized  that under  the                                                              
bill  the  volunteer  services  would  be  performed  by  licensed                                                              
veterinarians.   However,  Section 1  would also  allow these  pro                                                              
bono licensed  veterinarians to  identify themselves as  such. She                                                              
reiterated  that under  current  law, although  they can  practice                                                              
pro bono,  veterinarians cannot use  their earned title,  which is                                                              
confusing to the public.                                                                                                        
                                                                                                                                
MS.  KREITZER  continued,  stating  that  licensed  veterinarians,                                                              
while  acting  in  a  pro  bono  capacity,  are  exempt  from  the                                                              
courtesy  license   requirements  of  the  veterinary   board  and                                                              
oversight of the  board.  However, out-of-state  veterinarians who                                                              
are  already exempt  may  not  use the  title.   Under  the  bill,                                                              
volunteers are not  immune from legal action resulting  from gross                                                              
negligence,    reckless    or   intentional    misconduct    while                                                              
volunteering  services.    Nothing   in  the  bill  says  licensed                                                              
veterinarians  shouldn't  meet  the  standard of  care  that  they                                                              
swore  an oath  to  when they  graduated  from Veterinary  School,                                                              
which she read, as follows:                                                                                                     
                                                                                                                                
     Being   admitted  to   the   profession  of   veterinary                                                                   
     medicine,  I   solemnly  swear  to  use   my  scientific                                                                   
     knowledge  and   skills  for  the  benefit   of  society                                                                   
     through  the protection  of animal  health and  welfare,                                                                   
     the  prevention  and  relief of  animal  suffering,  the                                                                   
     conservation  of  animal  resources,  the  promotion  of                                                                   
     public   health,   and  the   advancement   of   medical                                                                   
     knowledge.                                                                                                                 
                                                                                                                                
     I  will  practice my  profession  conscientiously,  with                                                                   
     dignity,   and  in  keeping   with  the  principles   of                                                                   
     veterinary medical ethics.                                                                                                 
                                                                                                                                
     I  accept   as  a  lifelong  obligation   the  continual                                                                   
     improvement    of   my   professional    knowledge   and                                                                   
     competence.                                                                                                                
                                                                                                                                
3:34:27 PM                                                                                                                    
                                                                                                                                
MS.  KREITZER turned  to Section  2.   She  stated that  currently                                                              
there  is no  statutory  allowance  for a  simple  surrender of  a                                                              
veterinarian license  for someone who  wants to retire.   Although                                                              
this section  doesn't require  the board  to determine  competency                                                              
for  reinstatement,   the  regulation  at  12  AAC   68.048  which                                                              
determines good  standing is  sufficient to cover  physical/mental                                                              
impairment  or civil or  criminal issues.   This proposed  section                                                              
addresses  the  process  for  a surrendered  license,  and  how  a                                                              
surrendered   license  within   a   specific   timeframe  may   be                                                              
reinstated.   A person  may only surrender  under this  section if                                                              
not  under  investigation  and  the  surrender  is not  due  to  a                                                              
sanction in  Alaska or any other  state.  The only  time surrender                                                              
of a license  is mentioned in either the  department's centralized                                                              
licensing or the  BVE statutes is in reference  to surrendering in                                                              
lieu of something  else.  If  a veterinarian renews a  license and                                                              
then decides  he or  she wants  to retire,  this section  lays out                                                              
the process  for that.   If the  ASVMA or the  board has  a better                                                              
suggestion for that  process, the sponsor is willing  to work with                                                              
them on it, she stated.                                                                                                         
                                                                                                                                
3:35:31 PM                                                                                                                    
                                                                                                                                
MS. KREITZER  turned to Section 3.   She pointed out that  the BVE                                                              
and the  ASVMA have  criticized  this section  by saying it  could                                                              
lead  to substandard  care;  however, this  language  is the  same                                                              
language used  for human medical  providers.  The sponsor  used an                                                              
example  from the  Board  of Medical  Examiner  statutes under  AS                                                              
08.64.326-331 to  clarify that the BVE  may not base a  finding of                                                              
"professional   incompetence"    solely   on   unconventional   or                                                              
experimental treatments in the absence of harm to an animal.                                                                    
                                                                                                                                
3:35:59 PM                                                                                                                    
                                                                                                                                
MS.  KREITZER explained  that  Section 4  sets  out the  complaint                                                              
process.  Complaints  may only be filed by persons  who own or are                                                              
responsible  for   the  animal  seen  by  the   veterinarian.    A                                                              
complaint may  only be  filed against a  licensee who  treated the                                                              
animal.   Complaints  must include  documentation  of the  alleged                                                              
mistreatment, be  made under oath,  be filed within six  months of                                                              
the date of the  act or omission, and must be sent  to the subject                                                              
of the complaint allegation.                                                                                                    
                                                                                                                                
MS.  KREITZER  related  that  under  this  provision,  during  the                                                              
investigation  the department  shall  interview,  under oath,  the                                                              
complainant,  the licensee,  and  any technician  or assistant  to                                                              
the veterinarian.   The investigation  must determine  whether the                                                              
complainant  followed aftercare  procedures  and  must include  in                                                              
its  report all  relevant  information and  exculpatory  evidence.                                                              
Finally,  board   members  within  five  miles  of   a  licensee's                                                              
principal   place   of  business   may   not  participate   in   a                                                              
disciplinary hearing relating to that licensee.                                                                                 
                                                                                                                                
3:37:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  what  types  of  conditions  would                                                              
warrant  surrender of  a license  that  is later  reinstated.   He                                                              
suggested  that  it seems  like  this  would address  a  temporary                                                              
surrender.                                                                                                                      
                                                                                                                                
MS. KREITZER  offered her  belief that  people interpret  statutes                                                              
in  different ways.    She explained  this  provision would  cover                                                              
instances  in  which  veterinarians   renew  their  licenses,  but                                                              
decide to  retire before  their license has  lapsed.   She offered                                                              
that   current   statutes  do   not   include  a   provision   for                                                              
veterinarians who  have decided to  retire, yet still  hold active                                                              
licenses.   These veterinarians  may wish  to help their  neighbor                                                              
and this  would allow them to  do so without  incurring liability.                                                              
The provision is  not a temporary license,  although veterinarians                                                              
could  reinstate  their licenses  if  they chose  to  do  so.   In                                                              
further response  to Representative Saddler, she  said the sponsor                                                              
is willing to work  with the ASVMA on another approach  to address                                                              
this  issue.   She agreed  that  people are  not  "banging at  the                                                              
door" to get their licenses reinstated.                                                                                         
                                                                                                                                
3:39:27 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  offered his  goal is to  have the veterinarians,  the                                                              
Bush, and the  sponsor reach common ground, which  might result in                                                              
a bill that no one likes.                                                                                                       
                                                                                                                                
3:39:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER  referred   to  page  3,  lines  26-27,  to                                                              
"unconventional  or  experimental nature  ...  in  the absence  of                                                              
demonstrable  physical  harm...."     He  suggested  the  language                                                              
seemed broad and asked for the intent of this provision.                                                                        
                                                                                                                                
MS. KREITZER  responded that  the language  the bill parallels  is                                                              
existing  language for  the medical  profession.   She  identified                                                              
this   subparagraph  as   the  definition   of  what   constitutes                                                              
professional  incompetence.  The  intent of  the definition  is to                                                              
eliminate complaints based solely on economics.                                                                                 
                                                                                                                                
3:41:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER asked for an example.                                                                                     
                                                                                                                                
MS. KREITZER  related her  understanding  that a veterinarian  may                                                              
need to  perform an  operation in  rural Alaska  on a  dining room                                                              
table,   in  a   gym,   or  in   an   ambulance   bay,  which   is                                                              
unconventional.   She  did not think  anyone  would think  of this                                                              
treatment  as  experimental  treatment.   She  recalled  a  single                                                              
complaint   in    which   a   veterinarian    complained   another                                                              
veterinarian did  not shave an area for the  procedure adequately,                                                              
criticizing that  the shaved area was  too small of an  area.  She                                                              
suggested  if   any  procedure  was  performed   differently  than                                                              
another  veterinarian might  normally  do,  that veterinarian  may                                                              
consider the care  as unconventional or experimental.   She stated                                                              
that  this  language is  meant  to  provide a  definition  without                                                              
being  explicit in  the kind  of care  or the  way a  veterinarian                                                              
performs surgeries in rural Alaska.                                                                                             
                                                                                                                                
3:43:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER recalled  three common procedures  provided                                                              
by veterinarians  as spaying, neutering, and  administering rabies                                                              
vaccinations.   He inquired as  to whether those  procedures could                                                              
be  specifically  identified in  the  bill  and perhaps  the  bill                                                              
could also identify other types of routine procedures.                                                                          
                                                                                                                                
MS. KREITZER said  the sponsor would not be opposed  to an attempt                                                              
to do so.                                                                                                                       
                                                                                                                                
3:44:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER  referred  to  page  2,  line  29,  to  the                                                              
license surrender  provision  which indicates  a license  could be                                                              
reinstated if  the licensee is in  good standing.  He  asked how a                                                              
licensee could be  in good standing if the veterinarian  no longer                                                              
is licensed.                                                                                                                    
                                                                                                                                
MS. KREITZER responded  that this language is  current regulation.                                                              
In  further response  to  Representative  Miller,  she offered  to                                                              
provide the specific citation.                                                                                                  
                                                                                                                                
3:45:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  referred  to  page  1, line  11,  to  the                                                              
reference  to "country"  and related  his  understanding that  BVE                                                              
expressed  concern  that  allowing  someone  licensed  in  another                                                              
country to  volunteer services may  result in a lower  standard of                                                              
care.                                                                                                                           
                                                                                                                                
MS. KREITZER  responded that  the language  is the bill  drafter's                                                              
convention,  but  the sponsor  did  not  intend to  include  other                                                              
countries.   She  said  the  language was  left  in  the bill  for                                                              
discussion  purposes since the  BVE and  ASVMA has expressed  some                                                              
interest in reciprocity with Canadian veterinarians.                                                                            
                                                                                                                                
3:46:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  referred   to   page  2,   line  19   to                                                              
"nonmonetary donations  or other  nonmonetary consideration."   He                                                              
said  the language  seemed  broad.   He  asked  whether  a cap  or                                                              
reasonable expenses should be considered.                                                                                       
                                                                                                                                
MS. KREITZER  referred to  page 2, lines  16-19 to the  definition                                                              
of  "uncompensated  practice."   She  said  it  does  not  include                                                              
practice  for which  the person  receives  only reimbursement  for                                                              
actual  expenses   incurred.    This  language  was   designed  to                                                              
encourage  more  pro  bono  clinics  in  Alaska.    She  suggested                                                              
perhaps someone would  provide a pro bono clinic  if they received                                                              
reimbursement for  aviation (AV)  gas and materials  were donated.                                                              
She  explained that  nonmonetary  donations  or other  nonmonetary                                                              
considerations  are broad  enough  to cover  coffee, lodging,  and                                                              
other  things.   She  related her  understanding  that some  angst                                                              
exists.    She  recalled  a  scenario  previously  discussed  even                                                              
suggested  offering a  bear hunt  for  compensation; however  that                                                              
would  entail purchasing  tags  and means  someone  would need  to                                                              
take time out  for a hunt.   She reiterated the sponsor's  goal to                                                              
encourage  people  to go  to  the  Bush and  provide  veterinarian                                                              
services.   She reported that the  bill drafter pointed  out there                                                              
is  a  difference between  nonmonetary  donations  or  nonmonetary                                                              
consideration,  as well.   She admitted  she  thought she  saw the                                                              
line  between the  two  but the  concept was  still  vague in  her                                                              
mind.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  SADDLER said  that the  translation between  money                                                              
and  services is  pretty  direct.   He asked  how  far the  travel                                                              
expenses would  extend and  whether it  would include  travel from                                                              
places as far away as Miami or Belgium.                                                                                         
                                                                                                                                
3:49:47 PM                                                                                                                    
                                                                                                                                
MS. KREITZER  answered no, but admitted  there is no limit  in the                                                              
bill.   She  was  unsure why  a  limit would  be  necessary.   She                                                              
identified veterinarian  services in  rural Alaska as  a long-term                                                              
problem.   She highlighted  that the clinics  in question  are pro                                                              
bono clinics and  the people receiving the services  are not being                                                              
charged  for  them.    She  cautioned  that  this  bill  does  not                                                              
reference   low-cost   clinics,   which   are  offered   by   some                                                              
veterinarians or  groups.  The sponsor  did not want to  limit the                                                              
creative  types of  things that  people might  consider. She  also                                                              
recalled  her  experiences in  attracting  people  to  serve at  a                                                              
clinic in Cold Bay as difficult.                                                                                                
                                                                                                                                
3:50:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  for  an estimate  of  the value  of                                                              
travel and  services from  Anchorage to  the Bush  to offer  a pro                                                              
bono clinic.                                                                                                                    
                                                                                                                                
MS. KREITZER  said she did not  know.  She suggested  a practicing                                                              
veterinarian may  be able to provide  an estimate.   She cautioned                                                              
against limiting  travel costs.   She provided  an example  in the                                                              
community of  Cold Bay, in which  the USCG turned over  housing to                                                              
the community to  attract a practitioner.  She  related things she                                                              
did  to provide  food,  including donating  crab  and halibut  for                                                              
his/her  freezer,   buying  groceries   at  Costco,   and  holding                                                              
potlucks.  She  suggested that placing a value  on the commodities                                                              
would  detract the  communities  from finding  creative  solutions                                                              
for nonmonetary donations.                                                                                                      
                                                                                                                                
3:52:59 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON referred  to the language on page 3,  which appears to                                                              
mirror   the  medical   statute,   except   gross  negligence   or                                                              
[repeated]  negligent conduct has  been added  [lines 23-24].   He                                                              
asked for the intent of this language.                                                                                          
                                                                                                                                
MS.  KREITZER  offered  that  the   sponsor  did  not  want  gross                                                              
negligence or  gross conduct  to be linked  or be motivated  by an                                                              
economic  complaint.    She  offered to  continue  to  review  the                                                              
language.                                                                                                                       
                                                                                                                                
3:54:08 PM                                                                                                                    
                                                                                                                                
DON  HABEGER, Director,  Division of  Corporations, Business,  and                                                              
Professional   Licensing   (DCBPL),    Department   of   Commerce,                                                              
Community, & Economic Development (DCCED), introduced himself.                                                                  
                                                                                                                                
CHAIR  OLSON  asked  for  a  report   on  any  activity  that  has                                                              
generated investigations in the department.                                                                                     
                                                                                                                                
MR.  HABEGER  suggested  [the  bill]  may  be  a  response  to  an                                                              
investigation  that the division  reviewed,  but did not  complete                                                              
since  the licensee  surrendered his  or her  license and  did not                                                              
undergo the process.                                                                                                            
                                                                                                                                
3:55:50 PM                                                                                                                    
                                                                                                                                
CHAIR   OLSON   asked  who   would   absorb   the  costs   of   an                                                              
investigation.                                                                                                                  
                                                                                                                                
MR. HABEGER  replied costs for  any investigation  are distributed                                                              
back  to the  licensees.   He  referred  to AS  08.010.065,  which                                                              
mandates  the  division  to  essentially  examine  any  costs  and                                                              
distribute  cost  to  licensees   during  their  biennial  license                                                              
renewal.                                                                                                                        
                                                                                                                                
CHAIR OLSON asked for the number of licensees.                                                                                  
                                                                                                                                
MS. KREITZER, in  response to a question, answered  that there are                                                              
300 veterinarians licensed in Alaska.                                                                                           
                                                                                                                                
3:57:34 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  asked whether  a veterinarian  needs a firm  license,                                                              
in addition  to their  professional license  in order  to practice                                                              
in Alaska.                                                                                                                      
                                                                                                                                
MR.  HABEGER advised  that if  a veterinarian  has a  corporation,                                                              
the  corporation   would   register  with   the  state,   and  the                                                              
individual  would  also  need  a business  license.    In  further                                                              
response to  Chair Olson, he agreed  it would pertain to  all sole                                                              
practitioners.                                                                                                                  
                                                                                                                                
MS. KREITZER  asked to  correct the  total number of  veterinarian                                                              
licenses and  offered that  there are 350  current licensees.   In                                                              
response   to  a   question,   Ms.   Kreitzer  agreed   that   the                                                              
veterinarians many not necessarily be practicing veterinarians.                                                                 
                                                                                                                                
3:59:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON  related his understanding  that there are                                                              
numerous  unemployed  veterinarians   in  the  state.    He  asked                                                              
whether the division has any knowledge of this.                                                                                 
                                                                                                                                
MR.  HABEGER  answered  that  the division  does  not  track  that                                                              
information  and   limits  its   tracking  to  licenses   and  the                                                              
licensure process.                                                                                                              
                                                                                                                                
MS.  KREITZER added  that she  has been  made aware  at least  one                                                              
veterinarian in  Anchorage has closed  his or her door.   She said                                                              
she does  not know how  that bears on  veterinarians that  wish to                                                              
do pro bono work.                                                                                                               
                                                                                                                                
4:00:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  recalled that some  veterinarians practice                                                              
outside the purview  of the VBE.  He asked Ms.  Kreitzer to expand                                                              
on this.                                                                                                                        
                                                                                                                                
MS. KREITZER  responded that  some out  of state veterinarians  do                                                              
not  come under  the  purview  of  the BVE  so  as long  as  these                                                              
professionals  do  not  call  themselves   a  veterinarian.    She                                                              
clarified  that a  licensed veterinarian  from  another state  can                                                              
perform   veterinary   care  without   compensation   -   although                                                              
compensation  is  not  defined   in  current  statute  -  but  the                                                              
veterinarian may not  use title "veterinarian."  In  response to a                                                              
question  by   Chair  Olson,  Ms.   Kreitzer  elaborated   that  a                                                              
veterinarian  many not  use the  initials that  normally follow  a                                                              
veterinarian's title.                                                                                                           
                                                                                                                                
4:01:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER   related   a   scenario   in   which   a                                                              
veterinarian licensed  in Washington  comes to Alaska  but doesn't                                                              
collect  for  veterinary  services.   He  questioned  whether  the                                                              
veterinarian  could  practice  veterinary   medicine  and  not  be                                                              
subject to sanctions or oversight by the BVE.                                                                                   
                                                                                                                                
MS. KREITZER  related her understanding  from reading  the statute                                                              
and legal  opinion from  legislative legal  that the  veterinarian                                                              
could do so.                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked how prevalent that  type of activity                                                              
is in Alaska.                                                                                                                   
                                                                                                                                
MS. KREITZER said  she was not sure how prevalent  it is given the                                                              
way the statutes are currently written.                                                                                         
                                                                                                                                
4:02:59 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON asked  for  an estimate  on how  many  people HB  251                                                              
would impact.                                                                                                                   
                                                                                                                                
MS. KREITZER responded  that the second tier of work  she has done                                                              
was  to identify  impacts in  villages.   She  offered her  belief                                                              
that one  veterinarian served 72  villages, but that  veterinarian                                                              
is no  longer practicing  in Alaska.   She presumed  many villages                                                              
would  seek  help  and  surmised   that  since  rural  Alaska  has                                                              
sporadic veterinary  services, with long waits in  between visits,                                                              
the progress that was made may have been lost.                                                                                  
                                                                                                                                
4:04:14 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON asked for clarification on the zero fiscal note.                                                                    
                                                                                                                                
MR. HABEGER  acknowledged that the  division has submitted  a zero                                                              
fiscal note  since the  division thinks it  can absorb  costs with                                                              
existing staff.                                                                                                                 
                                                                                                                                
4:05:00 PM                                                                                                                    
                                                                                                                                
JAMES DELKER, Veterinarian,  stated that he is  the Past President                                                              
of  the  Alaska  State  Veterinary  Medical  Association  (AKVMA),                                                              
currently  serves  as  a  board   member.    He  related  that  he                                                              
discussed his  concerns with Ms.  Kreitzer and some  common ground                                                              
exists,  but   some  disagreement  also   exists.    He   said  he                                                              
represents  concerns of the  AKVMA, whose  membership consists  of                                                              
70 percent  of licensed  veterinary professionals  in Alaska.   He                                                              
related his  understanding  that this bill  presents an  emotional                                                              
issue  with  respect  to  providing  veterinarian  care  to  rural                                                              
communities.    He emphasized  that  the  AMVA is  also  concerned                                                              
about  the  veterinary   care  in  rural  Alaska.     The  AKVMA's                                                              
executive  committee   has  followed   this  issue  and   HB  251,                                                              
sponsored  by Representative  Dick.   He said  the AKVMA  supports                                                              
the  sponsor's  efforts  to increase  availability  of  veterinary                                                              
care in rural communities in Alaska.                                                                                            
                                                                                                                                
DR. DELKER  highlighted that  the AKVMA  has significant  concerns                                                              
with the  bill as currently  drafted.   First, the BVE  was formed                                                              
to protect  Alaskans,  but HB 251  effectively  strips the  BVE of                                                              
any oversight  or recourse  especially for  those individuals  who                                                              
want  to  practice  gratis  veterinary   medicine  in  the  state.                                                              
Second,  the bill  also  proposes to  give  equivalent rights  and                                                              
privileges   to   veterinarians   from  other   countries,   where                                                              
standards  of training  and health  care standards  are far  below                                                              
what  would  be  considered  acceptable  here.   Third,  the  bill                                                              
removes the  rights of  Alaskans to  report harmful activities  to                                                              
animals  simply because  they  do not  own  the animals  affected.                                                              
Additionally,  while the intent  of the bill  would be  to enhance                                                              
veterinary  services in  Alaska,  the AMVA  believes  the bill  as                                                              
currently written  fails to protect Alaskans, and  would lower the                                                              
standard of veterinary medical care statewide.                                                                                  
                                                                                                                                
4:07:37 PM                                                                                                                    
                                                                                                                                
DR. DELKER  acknowledged that field  medicine often  involves less                                                              
than ideal settings.   He deferred to other veterinarians  who are                                                              
online to  better address  the issue.   He acknowledged  that Bush                                                              
medicine is  different from  what one would  expect in  a hospital                                                              
structure; however,  veterinarians are  still expected  to provide                                                              
competent  veterinary services  within  a basic  standard of  care                                                              
and  using the  best  of their  ability  given the  circumstances.                                                              
Under  current  statute,  only  veterinarians  performing  grossly                                                              
substandard  medicine  would be  investigated  by  the  BVE or  be                                                              
prosecuted  under criminal  animal  abuse statutes.   He  repeated                                                              
that  the  BVE would  only  investigate  veterinarians  performing                                                              
grossly substandard  medicine.  He also acknowledged  that current                                                              
statutes  do  not prohibit  veterinarians  from  providing  gratis                                                              
veterinary  medicine  or  offering  free  veterinary  medicine  in                                                              
Alaska.  In  his experience, he  has yet to find anyone  who would                                                              
complain   about  someone   providing   low-cost   care  or   free                                                              
veterinary care to truly remote Bush communities.                                                                               
                                                                                                                                
4:09:10 PM                                                                                                                    
                                                                                                                                
DR. DELKER  asked to  touch on specific  points of  the bill.   He                                                              
referred  to  Section  1,  with   respect  to  persons  practicing                                                              
without  compensation.   He said  that  veterinarians licensed  in                                                              
the  U.S.  must  obtain an  AKVMA  accredited  degree,  but  other                                                              
countries'  programs  may  not necessarily  be  equivalent  to  an                                                              
AKVMA degree.   He suggested  that in certain developing  nations,                                                              
vast differences  in standards  and teaching  standards exist  and                                                              
this  language  does not  guarantee  the  person is  competent  to                                                              
practice veterinary  services in the U.S. no matter  what the cost                                                              
of  services he/she  provides.   He  referred  to subsection  (b),                                                              
which would  remove the  BVE from  any oversight of  uncompensated                                                              
veterinarians.     He  interpreted  this  to   mean  uncompensated                                                              
veterinarians  would not be  subject to  the laws and  regulations                                                              
that  pertain  to  the veterinary  practice  since  the  BVE  only                                                              
regulates  licensed  veterinarians.   He  expressed  concern  that                                                              
uncompensated  veterinarians, not  licensed in  Alaska, would  not                                                              
be  subject  to  the  laws  and   regulations  pertaining  to  the                                                              
standards of practice  of veterinarian medicine,  such as pharmacy                                                              
dispensing  or  medical records.    He  pointed out  that  without                                                              
requiring temporary  licensing, the BVE would not  have any record                                                              
of who is practicing  veterinary medicine in Alaska.   He surmised                                                              
that  uncompensated veterinarians  not  licensed  in Alaska  would                                                              
not  have  to  provide their  qualifications  unless  a  civil  or                                                              
criminal case was filed against them.                                                                                           
                                                                                                                                
DR.   DELKER   turned   to  subsection   (c),   which   references                                                              
compensation.  He  said it seemed reasonable that  actual expenses                                                              
incurred  should   include  cost   of  travel,  lodging,   medical                                                              
supplies,  but  allowing uncompensated  veterinarians  to  receive                                                              
"other  nonmonetary consideration"  seems  ambiguous  and open  to                                                              
abuse.   He  suggested this  also  creates the  potential for  tax                                                              
evasion  and the  form of  other nonmonetary  donations could  far                                                              
exceed  the  expense of  any  veterinary  services provided.    He                                                              
offered  his  belief  that  this  language  should  provide  clear                                                              
definitions  or  some  limit  to  nonmonetary  compensation.    He                                                              
questioned  whether  this  subsection   is  even  necessary  given                                                              
conversations  he has held  with BVE members,  who point  out that                                                              
current regulations  do not prohibit veterinarians  from receiving                                                              
shelter, a warm bed, or complimentary meals.                                                                                    
                                                                                                                                
4:11:27 PM                                                                                                                    
                                                                                                                                
DR.   DELKER  turned   to  Section   2,  to   the  surrender   and                                                              
reinstatement  of veterinarian  licenses.   He was  unsure of  the                                                              
necessity  of this  proposed change.    Currently, a  veterinarian                                                              
can surrender  his/her license and  leave the state  without being                                                              
questioned.  If  a veterinarian plans to return,  the veterinarian                                                              
would  pay the  biennial  fee  and maintain  continuing  education                                                              
(CE)  requirements  and his/her  license  would remain  active  so                                                              
long as  the veterinarian  is not subject  to an investigation  or                                                              
prosecution in  another state.  He  offered that he was  unsure of                                                              
the purpose  of the section.   In other states a  veterinarian can                                                              
pay  a lesser  fee for  an inactive  license.   He  noted that  he                                                              
holds an  inactive license in Minnesota  and can reactivate  it at                                                              
any  time  he  wishes  to  return   to  Minnesota  to  resume  his                                                              
veterinary practice.   He offered  a willingness to work  with the                                                              
sponsor  on this  section  on the  intent  and  suggested the  BVE                                                              
could help draft proposed regulations.                                                                                          
                                                                                                                                
4:12:17 PM                                                                                                                    
                                                                                                                                
DR.  DELKER turned  to Section  3, which  relates to  professional                                                              
incompetence  and  related  his  understanding  this  section  was                                                              
adopted from  the human medicine  statutes; however,  the language                                                              
does not  mirror the  medical statutes, but  places a  much higher                                                              
burden of  proof as compared  to the human  medical statutes.   He                                                              
was  unsure of  the reasoning  for this.   He  offered his  belief                                                              
that  some  of  the  proposed  changes   are  somewhat  vague  and                                                              
dangerous.   He  was  unsure  that practicing  unconventional  and                                                              
experimental  medicine  without  liability is  a  good  idea.   He                                                              
asked who  would define  unconventional or experimental  medicine,                                                              
noting  the  vague reference  is  potentially  prone to  abuse  by                                                              
veterinarians  who  could cite  this  language  as an  excuse  for                                                              
providing  negligent   medicine.    He  related   that  the  AKVMA                                                              
believes all  practitioners should  provide care within  a minimum                                                              
safe  standard  regardless  of  the  location  of  the  veterinary                                                              
practice.                                                                                                                       
                                                                                                                                
4:13:19 PM                                                                                                                    
                                                                                                                                
DR.  DELKER referred  to Section  4, with  respect to  complaints,                                                              
investigations,  and  hearings.    He  said  the  AKVMA  does  not                                                              
believe it  is ethical or legal  to deprive citizens the  right to                                                              
report misconduct  by a professional.  Additionally,  this section                                                              
seems  to provide  an effective  statute  of limitations  - a  six                                                              
month window to  report malpractice.  He described  a situation in                                                              
which  a client presented  him with  an animal  about nine  months                                                              
after it  had undergone an  incorrectly performed surgery.   Under                                                              
this bill,  the owner would not  have the right  or responsibility                                                              
to   report  the   person,  nor   would  he   as  a   professional                                                              
veterinarian have  the right to  report deficient  veterinary care                                                              
due to the statute  of limitations in this section.   He related a                                                              
scenario, in  which a  person from  another country could  provide                                                              
uncompensated  services, but may  have caused  serious harm  to an                                                              
animal.  He highlighted  that under the language in  Section 4, if                                                              
the  owner or  caretaker does  not  complain the  action would  be                                                              
considered  acceptable,   which  he   found  inappropriate.     He                                                              
questioned  whether  an  owner  in rural  Alaska  would  have  the                                                              
resources to track  down a professional who has  since returned to                                                              
his/her country  or another  state.  He  further asked  what legal                                                              
remedies  an  Alaskan   resident  would  have  in   this  type  of                                                              
situation.  He acknowledged  the intent of HB 251  is good, but he                                                              
did not see how the bill protected Alaskans.                                                                                    
                                                                                                                                
4:15:02 PM                                                                                                                    
                                                                                                                                
DR.  DELKER  summarized  that the  AKVMA  applauds  the  sponsor's                                                              
efforts to increase  the veterinary care in Bush  communities.  He                                                              
offered his  belief that  to do  so is  complex and would  involve                                                              
numerous socio-economic  obstacles.  The  AKVMA is not aware  of a                                                              
single   veterinarian  in   the   state  who   would  obstruct   a                                                              
professional  willing  to  go into  truly  rural  communities  and                                                              
provide  veterinary care  at no  cost.   However,  that care  must                                                              
meet   basic  standards   and  not   harm   those  being   helped.                                                              
Regardless  of compensation,  all  veterinarians must  be held  to                                                              
the same basic standards  of care.  The AKVMA does  not believe HB
251,  as  written, protects  rural  communities  from  substandard                                                              
care.   The  AKVMA supports  the  intent of  the  bill but  cannot                                                              
support it  as written.  He said  the AKVMA will support  any bill                                                              
that will  improve access to proper  veterinary care, but  only if                                                              
such  legislation  does  not lower  the  standards  of  veterinary                                                              
health care in the state.                                                                                                       
                                                                                                                                
4:16:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   recalled  his  earlier   testimony  that                                                              
present  regulations   do  not  prohibit  offering   veterinarians                                                              
shelter, warm bed, and complimentary meals.                                                                                     
                                                                                                                                
DR.  DELKER  responded  that  those comments  were  based  on  the                                                              
conversations  he previously  held with  the BVE,  but he  did not                                                              
recall the specific  reference.  He reiterated  his belief nothing                                                              
currently  prohibits  this  activity.    In  further  response  to                                                              
Representative  Saddler, he  thought Dr.  Eastman so advised  him,                                                              
although he was uncertain.                                                                                                      
                                                                                                                                
4:17:48 PM                                                                                                                    
                                                                                                                                
VICKY  THOMAS,   representing   herself,  said   she  is   a  past                                                              
environmental manager  for the Native Village of Fort  Yukon.  She                                                              
testified  in favor  of  HB  251.   She  offered his  belief  that                                                              
without this  bill there will continue  to be a dangerous  lack of                                                              
veterinary care in  the villages.  She related as  past manager of                                                              
the tribe  of Fort  Yukon, she has  observed firsthand  the public                                                              
health risk to this and other villages.                                                                                         
                                                                                                                                
4:18:58 PM                                                                                                                    
                                                                                                                                
LIZ HOFFMAN,  Veterinarian, Christian  Veterinary Mission,  stated                                                              
she is affiliated  with an organization, the  Christian Veterinary                                                              
Mission.   She  said she  lived and  worked as  a veterinarian  in                                                              
Alaska  for 24  years  and was  a resident  from  1980-2004.   She                                                              
explained  that her organization  received  a request from  Hooper                                                              
Bay to offer  a clinic.  This  community advised her they  had not                                                              
had any  veterinary services  for 11  years.  Residents  expressed                                                              
concern in  the village about  animal populations, too  many dogs,                                                              
rabies, and dog  bites.  The resident explained  that police would                                                              
often forewarn  residents they would  shoot any dogs not  tied up.                                                              
Her organization's  goal is to  provide services, generally  at no                                                              
cost, in hopes  that repeated visits to communities  may encourage                                                              
others  to go  into  training as  veterinarian  technicians or  as                                                              
veterinarians.    She  reported  that she  did  not  maintain  her                                                              
Alaska license  after she left;  however, she did take  a licensed                                                              
Alaska  veterinarian  with her  to  clinics.   She  would like  to                                                              
reinstate  her license;  however, it  is very  expensive to  do so                                                              
and she  would need  to retake  the veterinary  examination.   She                                                              
tallied  the cost  at $900.   She  would  be happy  to purchase  a                                                              
temporary  license, but  was advised  by the  department that  she                                                              
did not  qualify for  a temporary license  since the  services she                                                              
planned  to  offer did  not  qualify  as  a  special event.    She                                                              
reiterated the  barrier as the  expense to reinstate  her license.                                                              
She  explained that  her  organization does  not  want to  compete                                                              
with  veterinarians  within  the   state,  nor  would  they  offer                                                              
services  in  a town  in  which  veterinary services  are  already                                                              
being provided,  but would limit  their veterinary care  to remote                                                              
villages.    She  concluded  that she  would  like  the  Christian                                                              
Veterinary Mission  to be allowed to provide  services more easily                                                              
within the legal framework of the state.                                                                                        
                                                                                                                                
4:22:13 PM                                                                                                                    
                                                                                                                                
BOB  SEPT, Veterinarian,  Bering  Sea  Animal Clinic,  provided  a                                                              
brief history, such  that he came to Alaska in  1978, obtained his                                                              
veterinarian license,  and worked in remote communities.   He said                                                              
he  has  operated a  clinic  in  Bethel  since 1981  and  provides                                                              
regular care  for up  to a  week at a  time in  rural Alaska.   He                                                              
related  that he  travels  to Aniak,  has a  Bush  clinic in  King                                                              
Salmon,  and  Naknek,  and  has  also  traveled  to  Egegik.    He                                                              
reported that he  practices within the state rules,  maintains his                                                              
CE,  and finds  it very  easy to  provide high-level  care in  the                                                              
Bush.   He  acknowledged that  rural Alaska  services are  costly,                                                              
and he  sometimes must bring all  of his equipment  and assistants                                                              
along.    This  effort  has  allowed  him  to  provide  reasonable                                                              
veterinary care at  a reasonable cost since 1981.   He offered his                                                              
belief that the  crux of this matter is that veterinarians  do not                                                              
have any  issues with pro  bono work so  long as the  veterinarian                                                              
is licensed and  under the purview of the board.   He suggested to                                                              
do  otherwise  would  not  protect animals  and  people  in  these                                                              
communities.   He  reiterated  that maintaining  his  veterinarian                                                              
license  is reasonable.   He further  reiterated  that he  was not                                                              
aware of  any veterinarian  with issues with  respect to  pro bono                                                              
work so  long as  the veterinarian  is licensed  [in Alaska].   He                                                              
further  emphasized that  the veterinarians  should operate  under                                                              
the  same  rules,  regulations,  and  standards  of  care  as  all                                                              
veterinarians who currently practice in the state.                                                                              
                                                                                                                                
4:24:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  for an estimate  of the  percentage                                                              
of  veterinary  work that  is  exclusively  to spay,  neuter,  and                                                              
administer vaccinations.                                                                                                        
                                                                                                                                
DR. SEPT  responded about  60 percent.   He suggested  one problem                                                              
is that  people ship in  animals in to  the clinic.   He estimated                                                              
the demand for these  services as being fairly high.   He reported                                                              
that  he  tries to  offer  spay  and neuter  services  monthly  or                                                              
quarterly.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  SADDLER inquired  as to whether  he could  suggest                                                              
any compromise that  would allow pro bono spay  and neuter clinics                                                              
with less oversight.                                                                                                            
                                                                                                                                
DR. DELKER answered  no.  He offered his belief  that people think                                                              
the  procedure  is a  simple  one until  their  animal  dies.   He                                                              
pointed  out  that   the  animal  must  undergo   anesthesia,  the                                                              
veterinarian   must  have  proper   instrumentation,  and   use  a                                                              
reasonable  facility.   He opined  that it  would not  be good  to                                                              
lessen  the standard  of care.    He was  puzzled why  a pro  bono                                                              
person could  not obtain  his/her license, since  he did  not find                                                              
it is  difficult to  obtain and maintain  a veterinary  license in                                                              
Alaska.                                                                                                                         
                                                                                                                                
MS.   KREITZER  clarified   that  the   bill  is   clear  that   a                                                              
veterinarian  must be licensed  in Alaska or  by another  state in                                                              
order  to provide pro  bono work.   She  acknowledged the  current                                                              
bill  includes  other  countries,  too,  but  it  is  likely  that                                                              
language will be removed.                                                                                                       
                                                                                                                                
DR.  DELKER  offered  his  belief  that  veterinarians  should  be                                                              
licensed in the state so the BVE has purview over the licensee.                                                                 
                                                                                                                                
4:27:40 PM                                                                                                                    
                                                                                                                                
DENALI LOVELY, Veterinarian,  asked to speak against  HB 251.  She                                                              
works in  North Pole and currently  serves as the  president-elect                                                              
for  the  Alaska State  Veterinary  Medical  Association  (AKVMA).                                                              
She  was born  and  raised in  Fairbanks  and attended  veterinary                                                              
school out  of state, but  came back to  practice in Alaska.   She                                                              
acknowledged  she is very  aware of  needs of veterinary  services                                                              
in Bush  communities.  She  has worked  in these communities  as a                                                              
biology  technician   and  has   also  received  telephone   calls                                                              
requesting veterinary  advice.  She said she  supports rural needs                                                              
since  they are badly  needed; however  she does  not support  the                                                              
bill in  its entirety  since the  bill would  limit the  rights of                                                              
Alaskans  to hold  professionals  accountable.    She referred  to                                                              
Section 4,  noting that  the impacts  of actions by  veterinarians                                                              
go  well   beyond  family  members.     She  also   reported  that                                                              
veterinarians  vaccinate to  prevent disease  and are  responsible                                                              
for  the herd  health  of food  animals.   Under  HB  251, only  a                                                              
person  responsible  for  the  care   of  an  animal  may  file  a                                                              
complaint.   Additionally,  under the  bill if  a food animal  was                                                              
given  antibiotics  illegally  or  with  inappropriate  withdrawal                                                              
times  people cannot  complain  about  antibiotic  residue in  the                                                              
animal's  meat.   She  advised that  an  improperly stored  rabies                                                              
vaccine  could  be  ineffective,  but would  affect  human  public                                                              
health  issues if  a  person contracted  rabies.   She  emphasized                                                              
that  veterinarians are  held accountable  to all  animals in  the                                                              
state  and this bill  does not  hold veterinarians  to the  proper                                                              
level.    The  purpose of  professional  licensing  boards  is  to                                                              
safeguard  the health,  safety,  and welfare  of  Alaskans.   This                                                              
bill would  remove this  by imposing  restrictions of  citizens to                                                              
file complaints  against a member  to the respective  professional                                                              
board.                                                                                                                          
                                                                                                                                
4:30:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  whether  any rural  needs were  un-                                                              
served needs.                                                                                                                   
                                                                                                                                
DR. LOVELY answered yes.                                                                                                        
                                                                                                                                
REPRESENTATIVE  SADDLER  inquired as  to  her suggestions  as  the                                                              
incoming president of the AKMVA to address these needs.                                                                         
                                                                                                                                
DR.  LOVELY  wondered  why  Native  corporations  have  not  hired                                                              
veterinarians  in rural areas  they represent.   She agreed  it is                                                              
expense  to  provide care  since  the  costs  to travel  to  rural                                                              
Alaska  are  high.    She  reiterated  that  it  is  expensive  to                                                              
practice  in rural  Alaska and  hard  to get  compensated for  the                                                              
work.   She suggested that having  a veterinarian employed  by the                                                              
state or  a Native  corporation would  be a  great way  to provide                                                              
access  and  address  the  lack  of  care.    Under  current  law,                                                              
nonprofits can  provide services, but  the community must  rely on                                                              
organizers  of any  clinic  event  to ensure  that  the person  is                                                              
licensed.    She   acknowledged  that  those  licensed   in  other                                                              
countries   may   make   mistakes    since   their   accreditation                                                              
requirements   may  be  less   than  in   the  U.S.  She   further                                                              
acknowledged the  potential for those credentials to  be lapsed or                                                              
non-existent.   She  suggested the  state  or Native  corporations                                                              
may be able to provide the services.                                                                                            
                                                                                                                                
4:32:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked whether  any expectations  exist for                                                              
veterinarians to perform pro bono work in rural Alaska.                                                                         
                                                                                                                                
DR. LOVELY  answered no.  She related  her own practice  as a busy                                                              
practice  plus she  also has  family  and other  responsibilities.                                                              
She said  she does  not have  the time  due to the  aforementioned                                                              
constraints.   She  related  her  understanding the  military  has                                                              
provided some veterinary work in rural Alaska.                                                                                  
                                                                                                                                
4:34:17 PM                                                                                                                    
                                                                                                                                
DOUG BOWERS,  stated he is a 37-year  resident of Alaska.   He has                                                              
been a  dog musher since  1977.  He  offered his belief  that this                                                              
issue  comes  down  to competition  and  pressure,  which  is  why                                                              
veterinarians  stop  conducting  clinics  in  rural  Alaska.    He                                                              
recalled a  veterinarian who  provided pro bono  Bush care  at low                                                              
or no cost.   He also recalled his childhood  in Pennsylvania, and                                                              
remembered  veterinarians often  practiced out  of their  pickups.                                                              
These  veterinarians   took  care  of  horses,  cows,   and  other                                                              
animals.   With  respect  to standards  of  care, the  regulations                                                              
discuss the degree  of skill by average members  in communities in                                                              
which  veterinarian  practices.     He  suggested  the  regulatory                                                              
language leaves  a lot of room  for interpretation.  He  said that                                                              
terms such as average  are hard to define, but also  relate to the                                                              
setting.  He  pointed out some veterinarians are  skilled and some                                                              
are  not.   He  emphasized  that  the  state  needs to  create  an                                                              
environment  that is  conducive  to having  veterinarians  provide                                                              
rural   services    without   fear   of   reprisal    from   other                                                              
veterinarians.                                                                                                                  
                                                                                                                                
MR. BOWERS suggested  the problem arises due to a  lack of clarity                                                              
in  the  standards.    He  suggested  if  complaints  brought  are                                                              
frivolous, the  complainant should be  held accountable.   He said                                                              
some of the concern  local veterinarians have is  due to perceived                                                              
financial  harm.    He  highlighted  that  rules  do  not  address                                                              
competition so it  is perfectly legal for a veterinarian  to build                                                              
a  practice  by  offering  lower-cost   veterinary  service.    He                                                              
encouraged  veterinarians  to examine  their  own  practices.   He                                                              
offered  his  belief  the  BVE does  not  have  the  authority  to                                                              
regulate   commerce,   specifically    any   competition   between                                                              
veterinarians.   He related  that it  is within  the scope  of the                                                              
BVE to make  changes necessary for consistent veterinary  care and                                                              
he  hopes as  the bill  moves  forward, these  same  goals can  be                                                              
addressed.  He  further suggested one way to  encourage additional                                                              
pro bono  work in the  Bush is to  reduce license fees  or provide                                                              
equipment and  supplies for veterinary  services.  He  wondered if                                                              
perhaps some  surplus federal  medicines may  be available  or may                                                              
be languishing in  clinics that could be diverted  to rural areas.                                                              
He surmised the  veterinary medicines are not  much different than                                                              
health care medicines for humans.                                                                                               
                                                                                                                                
4:38:36 PM                                                                                                                    
                                                                                                                                
STEVEN  MERSCH,  Veterinarian, said  he  thought  the topics  have                                                              
been covered.   He  related his understanding  that pro  bono work                                                              
would not require Alaska licensure.                                                                                             
                                                                                                                                
CHAIR OLSON answered yes, that is correct.                                                                                      
                                                                                                                                
DR.  MERSCH inquired  how  drugs are  controlled  for practice  in                                                              
rural communities by pro bono veterinarians.                                                                                    
                                                                                                                                
CHAIR OLSON said he did not know.                                                                                               
                                                                                                                                
DR. MERSCH  asked if  someone is injured,  who will  cover workers                                                              
compensation, and if the sponsor must cover it.                                                                                 
                                                                                                                                
CHAIR OLSON answered  that workers' compensation  is assessed only                                                              
on payroll.                                                                                                                     
                                                                                                                                
4:40:36 PM                                                                                                                    
                                                                                                                                
DR. MERSCH  said he  agreed with Dr.  Delker, that numerous  holes                                                              
exist in  the bill as  currently written.   He agreed  with Doctor                                                              
Sept  that  that  the state  has  responsibilities  to  provide  a                                                              
professional standard of care.                                                                                                  
                                                                                                                                
4:41:04 PM                                                                                                                    
                                                                                                                                
HAYDEN  E.  NEVILL,  Veterinarian,  stated that  he  supports  the                                                              
concept   of   providing   more  veterinary   services   in   Bush                                                              
communities in Alaska.   He offered his belief  many veterinarians                                                              
are  willing  to  provide  pro  bono  work  if  their  travel  and                                                              
supplies  are paid for  to conduct  clinics in  rural Alaska.   He                                                              
emphasized that  the barrier  to care is  not some legal  problem,                                                              
but is due  to a lack of supplies  and travel costs.   He asked to                                                              
go on the  record to offer his  services several months  a year to                                                              
provide care.   He agreed  that one cannot  tell the quality  of a                                                              
veterinarian  by examining  a  degree; however,  the  BVE has  the                                                              
ability to  review credentials.   He  expressed concern  to delete                                                              
the BVE  oversight.   He offered  his belief  that passing  HB 251                                                              
would drastically  change the veterinary  standard of care  in the                                                              
state.  While he  did not suggest the same veterinary  standard of                                                              
care in  the bush,  he specifically  wanted to  ensure any  rabies                                                              
vaccine used is  active, that the drugs given to  food animals are                                                              
safe for humans  to eat, and to control how  veterinarian dispense                                                              
dangerous or controlled  drugs so these drugs don't  fall into the                                                              
hands  of children.    He also  wanted to  ensure  pet owners  are                                                              
informed  in  the  event  their   pet  is  receiving  experimental                                                              
treatment.   This  bill would  allow any  of those  aforementioned                                                              
items  to happen.   Thus,  this bill  would limit  the ability  to                                                              
protect  Alaskans.   He  characterized the  bill  as dangerous  to                                                              
public  health   and  unfair  to   Alaskans.    He   concluded  by                                                              
suggesting that  the committee kill  this bill and  instead should                                                              
work with  Alaska veterinarians to  develop a real plan  for rural                                                              
veterinary  care  -  a forward  thinking  plan  that  gets  things                                                              
accomplished.                                                                                                                   
                                                                                                                                
4:44:09 PM                                                                                                                    
                                                                                                                                
SARAH  LOVE,  Veterinarian, stated  that  she  is the  only  small                                                              
animal internal  medicine  specialist in  Alaska who practices  in                                                              
rural  and urban  Alaska.   She  pointed  out she  is  also a  dog                                                              
musher  and  a rural  EMT.   She  has  traveled  to more  than  20                                                              
Alaskan villages  as an  educator or a  veterinarian.   She agreed                                                              
there is a  huge lack of veterinarian  care in rural Alaska.   She                                                              
suggested that this  needs to be addressed to  also address public                                                              
health.   She  acknowledged earlier  testimony  and the  excellent                                                              
points  made by  veterinarians today.   She  commended people  who                                                              
provide rural veterinarian  health care.  She said  she opposes HB
251.   She  did  not  think that  a  halibut  trip would  pay  her                                                              
mortgage.   She agreed that state  funding or funding  from Native                                                              
corporations  would be  helpful  to fulfill  the  needs of  Native                                                              
villages,  but  pointed  out  that not  all  villages  are  Native                                                              
villages.   She emphasized  that she opposes  the bill  and thinks                                                              
it limits the rights of Alaskans.                                                                                               
                                                                                                                                
4:46:16 PM                                                                                                                    
                                                                                                                                
MYRA  WILSON, Veterinarian,  Anchorage  Animal  Care and  Control,                                                              
stated that  she has  been the  secretary of  the AKMVA  for eight                                                              
years.    She  said  did not  want  to  repeat  points  made,  but                                                              
acknowledged  the good  testimony provided  today.   She has  been                                                              
licensed  in  Alaska since  1981.    She recalled  hearing  people                                                              
discuss public  health.  She said  she often works with  the state                                                              
veterinarian   and  epidemiologist.     She  stated   that  rabies                                                              
vaccines  were mentioned  earlier and noted  that the  regulations                                                              
require   a    licensed   veterinarian   to    administer   rabies                                                              
vaccinations.   Therefore, people  who are  not licensed,  but are                                                              
administering   vaccines   would    invalidate   these   vaccines.                                                              
Further,  rabies vaccines  administration by  anyone not  licensed                                                              
in  Alaska  as  proposed  under   this  bill  would  also  not  be                                                              
considered  valid.   She  highlighted  staying current  in  Alaska                                                              
helps   veterinarian  professionals   have   a  familiarity   with                                                              
emerging  diseases,  such  as  salmonella,  which  a  person  just                                                              
coming  to the  state  may not  understand.    She also  expressed                                                              
concern that veterinarians  not adhering to Alaska's  standards of                                                              
practice  would  not be  required  to  maintain records  so  those                                                              
records  would  not  be  available  to clients.    She  said  such                                                              
veterinarians  would  not need  to  adhere to  regulations,  label                                                              
prescription,    or   provide    medical   records,    which   she                                                              
characterized  as  an  injustice  to  citizens  of  Alaska.    She                                                              
commented on  local pro bono  work.  She  suggested that  at least                                                              
6-7  clinics spay  and neuter  animals arriving  at the  Anchorage                                                              
Animal  and  Control.    She  noted   that  the  organization  has                                                              
received animals  locally, the Matanuska-Susitna area,  and Kenai.                                                              
She  said  that  veterinarians   are  willing  to  help  if  their                                                              
expenses  are  covered.    Lastly,  she  suggested  two  remedies:                                                              
temporary  licensure, which  she did  not think  HB 251  addressed                                                              
adequately, but  believed the AKMVA  would be willing to  place on                                                              
their agenda  or discuss at  their next  annual meeting.   She did                                                              
not think  that the  problem would  be addressed  overnight.   She                                                              
reiterated that many  interested parties can work  to address ways                                                              
to help serve these underserved areas in Alaska.                                                                                
                                                                                                                                
4:51:10 PM                                                                                                                    
                                                                                                                                
TIM HUNT,  Veterinarian, stated  that he  is licensed  in Michigan                                                              
and Alaska.   He said  he has worked  during the Iditarod  and has                                                              
seen many  dogs, including non-sled dogs.   He related  that he is                                                              
constantly approached  to help out  due to the  lack of care.   He                                                              
agreed  that the  problem must  be addressed  to get  veterinarian                                                              
care  to rural  communities.   He  offered  his  belief that  many                                                              
veterinarians  have worked  admirably, such  as Dr.  Sept and  Dr.                                                              
Lovely.   He suggested  that  the state  needs to  take this  to a                                                              
higher  level  and not  rely  just  on military  veterinarians  to                                                              
visit communities  one or two days  a year.  He  acknowledged that                                                              
this is  not a new  problem.  He  was unsure  if this bill  is the                                                              
correct approach, but  he stressed that something needs  to be one                                                              
on some level,  as the perception in  the Lower 48 is  that no one                                                              
really is stepping up to the plate.                                                                                             
                                                                                                                                
4:52:42 PM                                                                                                                    
                                                                                                                                
DR.  JON  BASLER,  Veterinarian,   stated  that  he  has  been  in                                                              
practice in Alaska  since 1985.  He worked in  Anchorage the first                                                              
three years,  and was paid  by the North  Slope Borough  for three                                                              
years  from 1987-1990  to  provide  veterinarian  services to  all                                                              
communities  within  the North  Slope  Borough.   He  acknowledged                                                              
this has  concept has  been mentioned several  times, the  NSB has                                                              
deep pockets.  He  pointed out that animals are often  last on the                                                              
list, but  some responsibility from  Native, Regional,  or Village                                                              
corporations to try  to hire veterinarians to serve  rural Alaska.                                                              
He  offered  that   salaries  were  paid  by  the   NSB,  but  the                                                              
veterinarians   basically  provided   pro  bono   work  to   local                                                              
residents since  the care  to local  residents was essentially  at                                                              
no charge.     He did  not want  to repeat  testimony, but  agreed                                                              
with  Dr. Wilson  that  it seemed  like one  of  the sticklers  is                                                              
removing all oversight  since most veterinarians in  Alaska do not                                                              
object  to  pro bono  work  performed.    He identified  the  main                                                              
thrust  is to  identify and  facilitate groups,  such as  national                                                              
organizations who  often provide  the mission-type work  that much                                                              
of   rural  Alaska   entails.      He  acknowledged   that   local                                                              
veterinarian are  not required to  perform pro bono  services, but                                                              
he surmised  that nearly  everyone practicing  in Alaska  does pro                                                              
bono  work  since  they  often  have  clients  who  cannot  afford                                                              
services.                                                                                                                       
                                                                                                                                
4:56:00 PM                                                                                                                    
                                                                                                                                
PAIGE HEYWOOD,  Veterinarian, stated  that she  is a small  animal                                                              
practitioner.    She testified  in  opposition  to  HB 251.    She                                                              
concurred with the  majority of the points made.   She offered her                                                              
belief that  Alaska veterinarians can  and are willing  to provide                                                              
care to  rural communities  if travel,  lodging, and supplies  are                                                              
covered.   She  offered  that she  often speaks  on  the phone  to                                                              
villagers  and communicating  with EMTs  on how  to provide  first                                                              
care to  animals that  are not able  to immediately  be seen  by a                                                              
veterinarian,  which is  pro bono  work.   She expressed  concerns                                                              
with   the   bill   sections   that   limit   complaints   against                                                              
veterinarians to  client complaints  since clients are  not always                                                              
aware of poor  practices, such as poorly labeled  medications, and                                                              
misuse  of medication,  or  use  of expired  vaccines.   She  also                                                              
related that  some people do not  have the knowledge  or resources                                                              
of  how  to  file  or  pursue  complaints.    She  concluded  that                                                              
veterinarians  should be  held accountable  to  their clients  and                                                              
their peers.                                                                                                                    
                                                                                                                                
4:58:15 PM                                                                                                                    
                                                                                                                                
MORGAN   PETERMAN,  Veterinarian;   Veterinary  Skills   Director,                                                              
Humane Society  of Veterinary Medical Association  (HSVMA), stated                                                              
that  the HSVMA  is a  national  veterinarian medical  association                                                              
with  a focus  on  animal  health and  welfare.    One of  HSVMA's                                                              
missions  is to  provide  veterinary medical  care  to animals  in                                                              
need in  remote areas of  the U.S.   She stated that  during 2011,                                                              
HSVMA's  rural  area  veterinary  services  (RAVS)  provided  high                                                              
quality care  to over  8,600 animals  lacking essential  services.                                                              
She stated that  HSVMA supports HB 251 and its  goal of addressing                                                              
the lack of  veterinary services to remote populations  in Alaska.                                                              
Additionally,  the HSVMA recognizes  the difficulty  in addressing                                                              
these needs  given the  current veterinary  licensing laws,  which                                                              
limit  those who  can serve  remote  populations to  veterinarians                                                              
licensed in  Alaska.   She related  that the lack  of care  is not                                                              
only  an  issue for  the  well-being  of  the animals,  but  poses                                                              
significant  health  concerns for  the  remote communities.    She                                                              
explained  that her  organization  has worked  to address  similar                                                              
issues  on American  Indian reservations  in  the Lower  48.   The                                                              
RAVS tries  to provide  high quality  free care  and education  on                                                              
many  of the  reservations  with the  goal  to reduce  infections,                                                              
providing  population  control  through  sterilization  surgeries,                                                              
limiting  stray animals,  and decreasing  dog bites  and the  need                                                              
for rabies  treatment in humans.   She emphasized that  RAVS is an                                                              
excellent example  of how  an above standard  quality of  care can                                                              
be practiced  in an atypical setting.   The organization  does not                                                              
believe  the  standard  of  care  should  be  compromised,  it  is                                                              
critical  to  recognize  the  requirements   to  practice  quality                                                              
veterinary  medicine and  have  an open  mind  in assessing  rural                                                              
situations  since they may  meet these  requirements in  creative,                                                              
yet  safe  and effective  ways.    She  said  she hopes  the  bill                                                              
addresses these  needs by  allowing veterinary practitioners  with                                                              
up  to date  and  those who  hold  licenses in  the  U.S. in  good                                                              
standing to  be permitted  to volunteer  their services  under the                                                              
laws set forth  by the BVE and  the state.  These  services should                                                              
be allowed  in areas  of documented  needs, where veterinary  care                                                              
is geographically  or  financially unavailable  to the  population                                                              
receiving  the  service.   In  closing,  she  said she  hopes  the                                                              
legislature  will  support  the  goals  of HB  251  and  hope  the                                                              
legislation  will   result  in   increased  veterinary   care  for                                                              
underserved animal populations in Alaska.                                                                                       
                                                                                                                                
5:01:19 PM                                                                                                                    
                                                                                                                                
ANGIE FITCH  stated she is  a consumer and  supports HB 251.   She                                                              
said  she  is  concerned  with the  lack  of  veterinary  care  in                                                              
villages.   She offered her support  for HB 251 since  without the                                                              
bill, there  will continue to be  a lack of care in  the villages.                                                              
It  is cost  prohibitive for  villages to  request a  veterinarian                                                              
come to  the area.   This bill would  provide an alternative.   In                                                              
terms  of the  standard  of care  that  is compromised  under  the                                                              
current  situation under  the BVE.    This bill  would bring  much                                                              
needed  veterinarian care  to areas  in rural  Alaska that  do not                                                              
have the care.                                                                                                                  
                                                                                                                                
[HB 251 was held over.]                                                                                                         

Document Name Date/Time Subjects
SSHB251 Supporting Documents-Assorted Emails-Letter 2-12012.pdf HL&C 2/20/2012 3:15:00 PM
HB 251
SSHB251 Supporting Documents-Letter Humane Society VMA 1-24-12.pdf HL&C 2/20/2012 3:15:00 PM
HB 251
SSHB251 Supporting Documents-12AAC 68.048.pdf HL&C 2/20/2012 3:15:00 PM
HB 251
HB251 Supporting Documents-Testimony by Annette Kreitzer before HL&C 2-20-12.pdf HL&C 2/20/2012 3:15:00 PM
HB 251