Legislature(2011 - 2012)BARNES 124

02/29/2012 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Delayed to 4:00 p.m. Today --
*+ HB 292 PRINCIP.& INC/PROBATE/UTMA/RETIREMT/ETC. TELECONFERENCED
Heard & Held
+= HB 266 PRACTICE OF NATUROPATHY TELECONFERENCED
Heard & Held
                 HB 266-PRACTICE OF NATUROPATHY                                                                             
                                                                                                                                
4:52:00 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the final order of  business would be                                                               
HOUSE  BILL  NO.  266,  "An  Act  relating  to  the  practice  of                                                               
naturopathy; and providing for an effective date."                                                                              
                                                                                                                                
4:52:24 PM                                                                                                                    
                                                                                                                                
DANIEL YOUNG,  Naturopathic Doctor, stated that  he has practiced                                                               
naturopathy for 24 years, with  17 years practice in Eagle River.                                                               
He  said he  is a  vice president  of the  Alaska Association  of                                                               
Naturopathic Physicians and  would like to testify  in support of                                                               
HB  266.   He  explained that  to become  licensed  in Alaska,  a                                                               
naturopathic  doctor  must  have attended  a  four-year  graduate                                                               
level  naturopathic  medical  school  and be  accredited  by  the                                                               
Council  on Naturopathic  Medical Education  (CNME).   He related                                                               
that the CNME  is a member of the Association  of Specialized and                                                               
Professional Accreditors.   This  body is  regulated by  the U.S.                                                               
Department  of  Education  oversees accreditation  of  allopathic                                                               
medical  doctors  (M.D.),  osteopathic (D.O.),  and  naturopathic                                                               
(N.D.) medical  education.   He stated that  NDs are  required to                                                               
pass  rigorous  board  exams   which  include  pharmacology,  and                                                               
pharmacotherapeutics  modules.    He  stated that  NDs  are  also                                                               
educated  in all  the same  basic sciences  as a  medical doctor.                                                               
However,  NDs  also study  holistic  and  nontoxic approaches  to                                                               
therapy  with  a  strong  emphasis   on  disease  prevention  and                                                               
optimizing wellness.  Just as  medical or osteopathic doctors are                                                               
considered to be  the experts in their fields so  are NDs experts                                                               
in the  practice of  natural medicine.   He highlighted  that NDs                                                               
have practiced in  Alaska for 26 years with  an impeccable safety                                                               
record.   He emphasized that  NDs provide excellent  patient care                                                               
and anyone who says otherwise is  mistaken.  He provided that NDs                                                               
study;  pharmacology   -  how   drugs  work   in  the   body  and                                                               
pharmacotherapeutics   -  how   to  use   drugs  therapeutically.                                                               
Additionally,  NDs  also  study  pharmacognosy  -  the  study  of                                                               
medicines derived from natural sources,  which more than prepares                                                               
them to use natural substances  in their practices.  Further, the                                                               
required pharmacology  board exam ensure  entry-level competency.                                                               
Although  the current  law prohibits  prescribing drugs,  NDs are                                                               
well  trained  to  use  natural   substances,  whether  they  are                                                               
prescription   or  nonprescription   substances.     The  current                                                               
statutes  and  regulations  that explain  prescription  authority                                                               
have had the  due force of law.  He  characterized the statute as                                                               
one that  allows NDs to  function safely  within its tenets.   He                                                               
acknowledged that Dr. Jasper has  provided the history of the NDs                                                               
statutes and  regulations.   He said that  over recent  years the                                                               
NDs have attempted to modify the law.                                                                                           
                                                                                                                                
4:55:20 PM                                                                                                                    
                                                                                                                                
JANE  MADISON stated  that she  is an  interested resident.   She                                                               
testified in  support of HB 266.   She has listened  to testimony                                                               
and has heard  patients in support of naturopath  medicine as the                                                               
only answer  to their  health care  and wellness.   She  has also                                                               
heard  medical doctors  say that  NDs  are not  well trained  and                                                               
should  not be  allowed to  practice health  care.   She believed                                                               
both of  these extreme  positions are incorrect.   Over  the past                                                               
few years  she experienced a  very serious medical issue  and has                                                               
become very  familiar with NDs and  MDs.  She offered  her belief                                                               
that both have  place in health care for Alaskans.   She said she                                                               
was  diagnosed with  a  variety  of endocrine  issues.   She  was                                                               
treated by  an excellent physician assistant,  whom she described                                                               
as  a  wonderful  family  practitioner,  endocrinologist,  and  a                                                               
knowledgeable  internist,  all of  whom  helped  some.   All  her                                                               
providers  have  been  medical   professionals  who  appeared  to                                                               
genuinely care and  were excellent medical detectives.   They all                                                               
gave her case a great deal  of time and attention.  However, none                                                               
could  bring her  back to  normal.   In fact,  an endocrinologist                                                               
actually told  her that her  condition was very serious  and they                                                               
did not have tests or treatment  for it.  A physician's assistant                                                               
told her she  may have to accept  the fact that she  may never be                                                               
well  again.   She consulted  an ND,  who quickly  determined her                                                               
endocrine  system needed  a  little  boost.   She  was given  one                                                               
nonprescription  pill  per day  and  was  monitored with  monthly                                                               
blood  tests for  a  year.   Within  one month  she  was back  to                                                               
normal, even  though she  had spent  several years  of suffering.                                                               
She offered her belief that  MDs are not knowledgeable about what                                                               
NDs   offer  patients   and  Alaska's   regulations  limit   NDs'                                                               
practices.  She  agreed that NDs should  have minimum educational                                                               
requirements prior  to licensure in  Alaska and they  should also                                                               
have oversight by  a state licensing board, as well  as submit to                                                               
continuing  education  requirements.    She  stressed  that  they                                                               
should  be  regulated,  recognized, and  encouraged  to  practice                                                               
alongside  traditional medical  community.   She  said she  hoped                                                               
this  bill will  help this  happen.   She suggested  cost savings                                                               
could be saved if NDs  were given the same prescription authority                                                               
as physician  assistants since  many patients  first visit  an ND                                                               
and must also  visits a physician assistant or  medical doctor to                                                               
get a  prescription.   She stressed  this required  the necessity                                                               
for  patients to  incur two  office  visits.   Thus cost  savings                                                               
could result  in insurance billings.   She encouraged  both sides                                                               
of wellness and  medicine to work together and  recognize the NDs                                                               
are professionals, as well.                                                                                                     
                                                                                                                                
CHAIR OLSON thanked Ms. Madison and  related that there will be a                                                               
town hall meeting next week.                                                                                                    
                                                                                                                                
4:59:22 PM                                                                                                                    
                                                                                                                                
MARY MINER,  Naturopathic Doctor,  stated she works  as an  ND in                                                               
Fairbanks.     She   graduated  from   Bastyr  University   as  a                                                               
naturopathic  doctor in  1983 and  has  been in  practice for  28                                                               
years.     She  said  she   has  held  licenses   in  Washington,                                                               
Connecticut, and  Alaska.   She testified in  support of  HB 266.                                                               
She said that she is placed  is an awkward position when she must                                                               
tell  patients she  cannot treat  them with  therapies they  know                                                               
work for them since she is now cut  off from access to them.  She                                                               
also  cannot refer  her patients  to traditional  medical doctors                                                               
who do  not have familiarity  with ND remedies which  are outside                                                               
the MD's training.  She urged members to pass this bill.                                                                        
                                                                                                                                
5:00:49 PM                                                                                                                    
                                                                                                                                
DAVID  OTTESEN, stated  he is  testifying as  a consumer,  but is                                                               
also the  owner of Rainbow  Foods.  He  related that this  is the                                                               
fourth year he has testified on  some form of bill concerning the                                                               
practice of  naturopathy.  He  said he hopes this  year something                                                               
will come  of it.   He  related his  understanding that  in prior                                                               
years the  naturopathy bills  have involved  an expansion  of the                                                               
scope  of  practice  for  NDs  commensurate  with  training  they                                                               
receive.  However,  this year the NDS are just  asking to be able                                                               
to practice as they  have for the past 25 years.   He pointed out                                                               
the testimony  from patients  and consumers  of medical  care who                                                               
have  expressed their  satisfaction with  naturopathic care.   He                                                               
characterized  naturopathy as  high quality,  effective care.  He                                                               
emphasized that  there has not been  a shred of testimony  of any                                                               
harm from  NDs.  Further,  he has  heard lots of  assertions from                                                               
doctors and  the Alaska Medical  Association (AMA) that  "the sky                                                               
will  fall  if  anything  like  this  passes."    He  found  that                                                               
statement ridiculous.   This year  NDs are  asking to be  able to                                                               
perform services they  have provided over the past 25  years.  He                                                               
thinks it  is entirely reasonable to  request this consideration.                                                               
He characterized this situation as  a travesty if something can't                                                               
be done because the current  situation is intolerable.  These NDs                                                               
have  been  practicing  in  Alaska  for  many  years,  but  their                                                               
practices are threatened and they may  need to leave the state if                                                               
something  isn't done  about  the current  situation.   He  urged                                                               
members to pass the bill  because NDs provide low-cost, effective                                                               
care.   He concluded that as  a consumer should have  that choice                                                               
and it is a freedom of choice issue.                                                                                            
                                                                                                                                
CHAIR OLSON  stated that considerable  progress has been  made on                                                               
the bill.                                                                                                                       
                                                                                                                                
5:03:41 PM                                                                                                                    
                                                                                                                                
TIM PETERSON,  Medical Doctor,  stated that  he is  an allopathic                                                               
doctor  and  has practiced  emergency  room  medicine and  family                                                               
medicine  in Juneau  since 1989.    He emphasized  the first  two                                                               
years of training NDs receive  is identical to that of allopathic                                                               
medical  doctors.    He  respects NDs'  diagnostic  skills.    He                                                               
commented on the  type of people who opt to  see naturopaths.  He                                                               
offered his  belief that people  who visit  NDs tend to  be savvy                                                               
consumers.  He  said they sometimes pay their own  fees and often                                                               
must fight with  insurance for coverage.   He characterized those                                                               
who seek naturopaths  as good consumers.  He  suggested that they                                                               
see NDs  as a matter  of choice because  it works out  better for                                                               
them.   He has had a  condition and disease in  which his fingers                                                               
turned white.   His  colleagues wanted to  give him  an expensive                                                               
drug that  required liver  function tests, but  he was  not quite                                                               
ready for  that type  of testing.   He visited  a Harvard-trained                                                               
naturopath in Juneau and was very satisfied with the results.                                                                   
                                                                                                                                
DR.  PETERSON said  as a  matter  of choice  and collegiality  he                                                               
supports  this  bill.    He  has  never  seen  anyone  visit  the                                                               
emergency  room with  side effects  or illnesses  as a  result of                                                               
seeing naturopaths.   He said in  this town the NDs  and MDs work                                                               
together.   "These are not  outliers," he said.   He acknowledged                                                               
that some of  his colleagues would disagree and  that the medical                                                               
association  tends to  be  a  little conservative  as  well as  a                                                               
little  reactive.   He recalled  that  he testified  five or  six                                                               
years   ago   against   the  chiropractors'   efforts   to   give                                                               
prescription  drugs since  he did  not feel  it was  appropriate.                                                               
However, he  believes NDs should  continue to practice,  which is                                                               
appropriate.  He characterized NDs  as an asset and potentially a                                                               
money-saving  option for  patients, rather  than for  patients to                                                               
incur the extra expense of an emergency room visit with him.                                                                    
                                                                                                                                
[HB 266 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB292 Draft Proposed CS ver B.pdf HL&C 2/29/2012 3:15:00 PM
HB 292
HB292 Fiscal Note-DCCED-INS-02-24-12.pdf HL&C 2/29/2012 3:15:00 PM
HB 292
HB292 Explanation of Changes from Ver A to Ver B.pdf HL&C 2/29/2012 3:15:00 PM
HB 292
HB292 Legal Opinion.pdf HL&C 2/29/2012 3:15:00 PM
HB 292
HB292 Sectional Analysis ver B.pdf HL&C 2/29/2012 3:15:00 PM
HB 292
HB292 Sponsor Statement.pdf HL&C 2/29/2012 3:15:00 PM
HB 292
HB292 ver A.pdf HL&C 2/29/2012 3:15:00 PM
HB 292
HB266 Supporting Documents-Assorted emails.pdf HL&C 2/29/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-Assorted faxes 2--17-12.pdf HL&C 2/29/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-Email Michele Scott 2-28-12.pdf HL&C 2/29/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-Written Testimony Danielle Gabriel 2-27-12.pdf HL&C 2/29/2012 3:15:00 PM
HB 266
HB266 Supporting Documents-Assorted Written Testimony 2-29-12.pdf HL&C 2/29/2012 3:15:00 PM
HB 266