Legislature(2011 - 2012)BARNES 124
04/12/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB266 | |
| SB27 | |
| SB119 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 119 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 27 | TELECONFERENCED | |
| += | HB 266 | TELECONFERENCED | |
HB 266-PRACTICE OF NATUROPATHY
3:28:18 PM
CHAIR OLSON announced that the first order of business would be
HOUSE BILL NO. 266, "An Act relating to the practice of
naturopathy; and providing for an effective date."
3:29:14 PM
REPRESENTATIVE JOHNSON moved to adopt the proposed committee
substitute (CS) for HB 266, labeled 27-LS1110\Y, Martin, 4/12/12
as the working document.
3:29:28 PM
CHAIR OLSON objected for purpose of discussion.
3:31:15 PM
The committee took an at-ease from 3:31 p.m. to 3:34 p.m. due to
technical difficulties.
3:34:21 PM
KONRAD JACKSON, Staff, Representative Kurt Olson, Alaska State
Legislature, introduced himself and explained the changes in the
proposed committee substitute (CS) of HB 266, Version Y, from
the original bill. He explained that at the initial hearing for
HB 266 the bill sponsor, Representative Cathy Munoz, and a
representative of the naturopaths, Dr. Jasper, expressed concern
about erosion of the scope of practice for the naturopaths. The
naturopaths indicated they were not interested in an expansion
of their practices, but would like to protect their current
scope of practice.
3:35:26 PM
CHAIR OLSON noted that Representative Gara has joined the
meeting.
MR. JACKSON explained that efforts were initiated by the
Department of Commerce, Community & Economic Development (DCCED)
to make changes to current regulations for naturopaths. The
naturopaths wanted to move regulatory language to statute. He
related his understanding that the bill went through a number of
iterations due to discussions between staff, the bill sponsor,
the medical doctors, pharmacist, and naturopaths.
3:36:22 PM
MR. JACKSON related that HB 266, Version Y, is an attempt to be
clear that the naturopaths' scope of practice is not expanded or
erode the scope of practice, but to statutorily lock in the
scope of practice for naturopaths in Alaska. He reviewed the
changes beginning with Section 1 (A), page 1, lines 7-10, which
reads, "...except as in subsection (b) of this section;....
Thus naturopaths would not be able to give, prescribe, or
recommend in their practice a prescription drug except as
provided in (b) of this section. He then referred to proposed
Section 2 (b), which read, "Notwithstanding (a)(1)(A) of this
section, a person who practices naturopathy may give, prescribe,
or recommend in the practice a device or a homeopathic remedy."
This proposed section goes on to discuss the status of a drug a
naturopath may give or prescribe with respect to compounding,
and in proposed subsection (d) on page 2, lines 5-6, with
respect to Medicaid reimbursement. He referred to proposed
Section 3, on page 2, lines 28-29, that adds a new paragraph
(8), which reads, "has procured, sold, prescribed, or dispensed
drugs in violation of a law regardless of whether there has been
a criminal action." He clarified that this section relates to
grounds for suspension, revocation, or refusal to issue a
license for a naturopath. He indicated proposed Section 4,
would amend the definition of naturopathy in AS 08.45.200(3), by
adding the following language, "a dietetic remedy, an herbal
remedy, a homeopathic remedy ...."
3:38:48 PM
MR. JACKSON related that proposed Section 5 would add
definitions for dietetic remedy, herbal remedy, homeopathic
remedy, and hydrotherapy to AS 08.45.200. Proposed Section 6
relates to Medicaid reimbursement and proposed Section 7 adds an
immediate effective date. He reiterated that Version Y attempts
to define the scope of practice for naturopaths, also give the
department clear guidelines for regulations, and give
pharmacists a clear definition of what they may or may not fill
for naturopathic patients.
3:39:54 PM
REPRESENTATIVE SADDLER referred to page 3, line 18. He asked
for clarification on the language "... the department may not
offer services for prescribed drugs given or prescribed by a
naturopath."
MR. JACKSON answered this language to ensure naturopaths are not
eligible for Medicaid reimbursement which may not be necessary
since the bill does not expand the prescriptive scope of
practice. He pointed out a minor expansion of practice is
allowed since the bill allows naturopaths to write prescriptions
for homeopathic remedies, such as capsicum. He referred members
to language on page 2 lines 5-7.
CHAIR OLSON removed his objection. There being no further
objections, Version Y was before the committee.
3:41:31 PM
CHRISTOPHER CLARK, Staff, Representative Cathy Munoz, Alaska
State Legislature, explained that there has not been support for
Version Y. He disagreed that naturopaths who are writing
prescriptions for homeopathic remedies creates an expansion of
the practice of naturopathy. He agreed to disagree with that
remark. Furthermore, the language in Version Y would not allow
for the sterile versions of B-12, vitamin C and B-complex
vitamins that naturopaths would provide in an injectible form to
be dispensed so the argument could be made that Version Y
represents a diminishment or reduction of the scope of practice
for naturopaths. He asked to make sure the record was clear
with respect to the practice of naturopathy.
3:42:26 PM
CHAIR OLSON pointed out some things had been discovered during
the work on this bill, including that some action was taken
against some naturopaths whose practice was not supported by
regulation. He highlighted that even though some naturopaths
(NDs) had been practicing out of the scope of their practice for
years that they have not been entitled to do so. He said that
Version Y brings the regulations in alignment with existing
statutes. He agreed it removes some types of things the
naturopaths have been doing, but not necessarily doing so under
the statutory authorization. He related several active
investigations have transpired that found NDs working well
outside the scope of practice, including prescribing injectible
drugs - schedule 1 and schedule 2 drugs - and using out of state
prescription pads. He clarified that the purpose of Version Y
is to align the regulatory language with the current statutes
and not necessarily to endorse what NDs have been doing in their
practice. He appreciated the work that the sponsor's staff,
Christopher Clark put into the bill.
3:44:16 PM
REPRESENTATIVE THOMPSON moved to report the proposed committee
substitute (CS) for HB 266, labeled 27-LS110\Y, Martin, 4/12/12
out of committee with individual recommendations and the
accompanying fiscal notes.
3:45:04 PM
The committee took an at-ease from 3:45 p.m. to 3:46 p.m.
3:46:27 PM
REPRESENTATIVE THOMPSON [withdrew] his motion to report the
proposed committee substitute (CS) for HB 266, labeled 27-
LS110\Y, Martin, 4/12/12 out of committee.
3:46:45 PM
DON HABEGER, Director, Division of Business and Professional
Licensing, introduced himself.
3:46:52 PM
CHAIR OLSON asked whether Version Y meets the intention to bring
the regulations into conformance with statutes and not yet
expand the scope of practice for naturopaths.
MR. HABEGER answered that the statute clearly does not allow
prescriptive authority for naturopaths. Some time ago
regulations were written that have been interpreted by the
department over time to mean no prescription authority. He said
he referred early on to the original letter that was used as the
foundation for today's interpretation. He offered his belief
that Version Y is compliant with the division's interpretation
of current statutes and regulations.
3:47:57 PM
CHAIR OLSON stated that he would set aside HB 266.
[HB 266 was held over.]
The committee took an at-ease from 3:47 p.m. to 3:49 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB266 Draft Proposed CS version Y.pdf |
HL&C 4/12/2012 3:15:00 PM |
HB 266 |
| SB119 Draft Proposed Amendment-Holmes.pdf |
HL&C 4/12/2012 3:15:00 PM |
SB 119 |