Legislature(2011 - 2012)BARNES 124

04/14/2012 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 217 PHARMACY AUDITS TELECONFERENCED
<Pending Referral>
+= SB 25 AIDEA: SUSTAINABLE ENERGY/ INTEREST RATE TELECONFERENCED
Moved HCS CSSSSB 25(L&C) Out of Committee
+= SB 136 INCOME TAX CREDIT FOR EMPLOYING A VETERAN TELECONFERENCED
Moved Out of Committee
+= SB 119 ATHLETIC TRAINERS TELECONFERENCED
Moved HCS CSSB 119(L&C) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    SB 119-ATHLETIC TRAINERS                                                                                
                                                                                                                                
3:23:47 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
CS FOR  SENATE BILL  NO. 119(L&C), "An  Act relating  to athletic                                                               
trainers."                                                                                                                      
                                                                                                                                
CHAIR OLSON removed his objection.                                                                                              
                                                                                                                                
3:24:22 PM                                                                                                                    
                                                                                                                                
CHRISTINE  MARASIGAN, Staff,  Senator Kevin  Meyer, Alaska  State                                                               
Legislature, on  behalf of  the sponsor, stated  that SB  119 has                                                               
three  components, which  would  provide  licensure for  athletic                                                               
trainers,  allow for  student  participation and  interscholastic                                                               
activities, and address  one component of a  bill that previously                                                               
passed relating to traumatic brain injuries.                                                                                    
                                                                                                                                
3:24:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON moved  to adopt  Amendment 1  labeled 27-                                                               
LS0732\X.3, Kirsch, 4/13/12, which read:                                                                                        
                                                                                                                                
     Page 3, line 28, through page 4, line 12:                                                                                  
          Delete all material and insert:                                                                                       
          Sec.   14.30.365.    Interscholastic   activities;                                                                  
     eligibility. (a)  A full-time  student who  is eligible                                                                  
     under (b)  of this  section who  is enrolled  in grades                                                                    
     nine  through 12  in an  alternative education  program                                                                    
     that is  located entirely  in the  state and  that does                                                                    
     not  offer interscholastic  activities  is eligible  to                                                                    
     participate in  any interscholastic  activities program                                                                    
     available in a public school                                                                                               
               (1)  that, based on the residence of the                                                                         
     parent  or   legal  guardian,  the  student   would  be                                                                    
     eligible to attend were the  student not enrolled in an                                                                    
     alternative education program; or                                                                                          
               (2)  at which the student requests to                                                                            
     participate, if                                                                                                            
               (A)  the student shows good cause; and                                                                           
               (B)  the governing body of the school                                                                            
     approves.                                                                                                                  
          (b)  A student is eligible to participate in                                                                          
     interscholastic  activities under  this section  if the                                                                    
     student                                                                                                                    
               (1)  is otherwise eligible to participate in                                                                     
     interscholastic    activities     under    requirements                                                                    
     established  by the  school, the  school district,  and                                                                    
     the  statewide   interscholastic  activities  governing                                                                    
     body;                                                                                                                      
               (2)  provides documentation, including                                                                           
     academic  transcripts, proof  of full-time  enrollment,                                                                    
     and applicable  disciplinary records, and,  if required                                                                    
     for  participation  in  an   activity  by  the  school,                                                                    
     requested medical records, to  the school providing the                                                                    
     interscholastic activities program; and                                                                                    
               (3)       claims   the   same    school   for                                                                    
     interscholastic activities  eligibility purposes during                                                                    
     a school year."                                                                                                            
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
3:25:34 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON objected for purpose of discussion.                                                                                 
                                                                                                                                
3:25:39 PM                                                                                                                    
                                                                                                                                
MIKE COUMBE,  Staff, Representative Lindsey Holmes,  Alaska State                                                               
Legislature,  stated that  Amendment 1,  would eliminate  several                                                               
choices from  interscholastic activities eligibility.   Amendment                                                               
1 would  allow a student  who is attending an  alternative school                                                               
to  take   part  in  interscholastic  activities   based  on  the                                                               
residence of the  parent or legal guardian.  He  referred to page                                                               
1, lines  11-13 of Amendment 1,  and added a student  enrolled in                                                               
an  alternative  education  program  would also  be  eligible  to                                                               
participate in  interscholastic activities in a  public school if                                                               
the student requests  to participate and:  (A)  the student shows                                                               
good cause;  and (B) the  governing body of the  school approves.                                                               
He  related his  understanding  that the  governing  body of  the                                                               
school would  be in most  cases the  school district.   There was                                                               
some question  about whether this  language should be  adopted or                                                               
if it  should indicate the Alaska  Student Activities Association                                                               
(ASAA) instead.  He related  that basically this amendment is the                                                               
version  before the  committee,  but the  committee could  decide                                                               
which language is more appropriate.                                                                                             
                                                                                                                                
3:28:26 PM                                                                                                                    
                                                                                                                                
GARY  MATTHEWS,  Executive  Director,  Alaska  School  Activities                                                               
Association (ASAA),  stated that  the ASAA supports  Amendment 1,                                                               
as  currently   written,  since  school  districts   have  better                                                               
information on a student's residence  location to determine where                                                               
the   student  should   participate  rather   than  a   statewide                                                               
organization  that does  not have  the geographic  information of                                                               
school  districts  throughout  the  state.    He  reiterated  his                                                               
support for Amendment 1.                                                                                                        
                                                                                                                                
3:29:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked whether the  ASAA, in terms  of the                                                               
governing body, would govern certain things such as eligibility.                                                                
                                                                                                                                
MR.  MATTHEWS  answered that  the  ASAA  does not  determine  the                                                               
location  of where  the students  are eligible  since the  school                                                               
district  makes those  determinations; however,  once eligibility                                                               
is decided the ASAA rules come into play.                                                                                       
                                                                                                                                
3:30:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked for  clarification on who  made the                                                               
decision on the  young man, north of Anchorage,  who was declared                                                               
ineligible to play.   He asked whether that was  based on an ASAA                                                               
ruling or a school district ruling.                                                                                             
                                                                                                                                
MR. MATTHEWS  answered that two  rules were applied in  that case                                                               
He  explained  that  ASAA's  rule  prohibited  the  student  from                                                               
participating since he was enrolled  in another school district's                                                               
program -  the IDEA  program -  which was a  member of  the ASAA.                                                               
Additionally,  the   Anchorage  School  District  (ASD)   had  an                                                               
additional rule  that prohibited  the student  from participating                                                               
since  he was  not enrolled  in any  of the  district's programs,                                                               
including  their brick  and mortar  schools or  their alternative                                                               
programs.                                                                                                                       
                                                                                                                                
3:31:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  if this  bill  were  retroactive,                                                               
whether the student would be allowed to play.                                                                                   
                                                                                                                                
MR. MATTHEWS answered yes.   He explained that the bill provision                                                               
that  pertains to  statewide correspondence  programs would  come                                                               
into effect.                                                                                                                    
                                                                                                                                
3:31:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  referred to  [page 1, line  12] paragraph                                                               
(2)  (A), which  read, "the  student  shows good  cause...."   He                                                               
asked whether this presumes the  student would show good cause to                                                               
the school district or the ASAA.                                                                                                
                                                                                                                                
MR.  MATTHEWS assumed  that this  language refers  to the  school                                                               
district.   He explained that the  ASAA is not involved  in which                                                               
school  the student  attends.   He suggested  that the  Anchorage                                                               
School District  (ASD) has boundaries,  but will  accept students                                                               
out  of boundary  if  they  are granted  a  zone  exception.   He                                                               
further explained that  students can apply to a  lottery to apply                                                               
to  attend another  school.   He reiterated  that students  would                                                               
petition school  districts for  good cause.   He stated  that the                                                               
ASAA would  not have  any way  to determine  the legitimacy  of a                                                               
request for which school the student  is allowed to attend.  Once                                                               
that has been  determined, the ASAA would  assess the eligibility                                                               
requirements, which would then come under its purview.                                                                          
                                                                                                                                
3:33:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER agreed  it  should be  up  to the  school                                                               
district  to   determine.    He  characterized   Amendment  1  as                                                               
providing a  double test, which  is to  base the request  on good                                                               
cause and approval by the governing  body of the school.  He said                                                               
he  wants  to  avoid  team  shopping  and  also  tries  to  avoid                                                               
situations in which students take advantage of the rules.                                                                       
                                                                                                                                
3:33:52 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  removed  his  objection.  There  being  no  further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
3:34:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  made  a  motion to  adopt  Amendment  2,                                                               
labeled 27-LS0732\X.4, Kirsch, 4/13/12, which read:                                                                             
                                                                                                                                
     Page 1, line 2, following "activities;":                                                                                 
          Insert "relating to the adoption of regulations                                                                     
     by the State Medical Board;"                                                                                             
                                                                                                                                
     Page 2, following line 27:                                                                                                 
     Insert a new section to read:                                                                                              
          "Sec. 08.07.040. Scope of practice. (a) A                                                                           
     licensed   athletic   trainer  may   provide   athletic                                                                    
     training   using   treatment  modalities   adopted   in                                                                    
     regulations by  the State Medical  Board to  an athlete                                                                    
     under  the  direction  of a  physician  licensed  under                                                                    
     AS 08.64.                                                                                                                  
          (b)  An athletic trainer shall immediately refer                                                                      
     an athlete  to an appropriate health  care professional                                                                    
     licensed  in this  state if  the  athletic trainer  has                                                                    
     reasonable cause  to believe that athletic  training is                                                                    
     contraindicated or  the symptoms or  conditions present                                                                    
     require  services  outside  the scope  of  an  athletic                                                                    
     trainer's normal practice."                                                                                                
                                                                                                                                
     Page 2, line 28, through page 3, line 2:                                                                                   
          Delete all material and insert:                                                                                       
         "Sec. 08.07.050. Definitions. In this chapter,                                                                       
               (1)    "athlete"   means  an  individual  who                                                                    
     participates in  strenuous physical  exercise, physical                                                                    
     conditioning, or a sport;                                                                                                  
               (2)   "athletic trainer"  means a  person who                                                                    
     practices athletic training;                                                                                               
               (3)   "athletic training" means  the practice                                                                    
     of   physical   conditioning  and   reconditioning   of                                                                    
     athletes, and the prevention  and treatment of injuries                                                                    
     incurred  by athletes,  under a  plan of  care designed                                                                    
     and overseen by a physician licensed under AS 08.64."                                                                      
                                                                                                                                
     Page 3, following line 2:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Sec. 3. AS 08.64.100 is amended to read:                                                                         
          Sec. 08.64.100. Power of board to adopt                                                                             
     regulations. The board  may adopt regulations necessary                                                                  
     to  carry into  effect the  provisions of  this chapter                                                                    
     and AS 08.07.                                                                                                          
        * Sec. 4. AS 08.64.101 is amended to read:                                                                            
          Sec. 08.64.101. Duties. The board shall                                                                             
               (1)      examine   and  issue   licenses   to                                                                    
     applicants;                                                                                                                
               (2)   develop  written  guidelines to  ensure                                                                    
     that  licensing   requirements  are   not  unreasonably                                                                    
     burdensome  and   the  issuance  of  licenses   is  not                                                                    
     unreasonably withheld or delayed;                                                                                          
               (3)   after  a  hearing, impose  disciplinary                                                                    
     sanctions on  persons who violate  this chapter  or the                                                                    
     regulations or orders of the board;                                                                                        
               (4)  adopt  regulations ensuring that renewal                                                                    
     of  licenses  is  contingent upon  proof  of  continued                                                                    
     competency on  the part of the  licensee and describing                                                                
     appropriate    treatment   modalities    for   athletic                                                                
     training; and                                                                                                          
               (5)  under regulations adopted by the board,                                                                     
     contract  with  private professional  organizations  to                                                                    
     establish an impaired  medical professionals program to                                                                    
     identify,   confront,  evaluate,   and  treat   persons                                                                    
     licensed under  this chapter  who abuse  alcohol, other                                                                    
     drugs,  or  other substances  or  are  mentally ill  or                                                                    
     cognitively impaired."                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, line 5:                                                                                                            
          Delete "Section 4"                                                                                                    
          Insert "Section 6"                                                                                                    
                                                                                                                                
     Page 5, line 6:                                                                                                            
          Delete "Section 5"                                                                                                    
          Insert "Section 7"                                                                                                    
                                                                                                                                
CHAIR OLSON objected for purpose of discussion.                                                                                 
                                                                                                                                
3:34:40 PM                                                                                                                    
                                                                                                                                
KONRAD JACKSON,  Staff, Representative  Kurt Olson,  Alaska State                                                               
Legislature, on behalf  of the House Labor  & Commerce Committee,                                                               
Representative Olson,  Chair, stated that Amendment  2 would more                                                               
clearly establish  the scope of  practice of a  licensed athletic                                                               
trainer,  including their  duties.   He  related  that the  State                                                               
Medical  Board will  develop regulations  for athletic  trainers.                                                               
He  referred to  page 1,  line 2  of Amendment  2, which  inserts                                                               
"relating to  the adoption  of regulations  by the  State Medical                                                               
Board;" in the title  of the bill.  This would  add to the duties                                                               
of the  board to define  regulations for the  athletic trainings.                                                               
Additionally,  Amendment  2  would   add  the  services  athletic                                                               
trainers will provide  in the scope of their  practice.  Further,                                                               
Amendment 2 would also define  athlete, and athletic trainer.  He                                                               
reported that an "athletic trainer"  means a person who practices                                                               
athletic training.   He referred to  page 2, line 5,  to proposed                                                               
Section 3, which would add to  the duties and powers of the State                                                               
Medical  Board to  adopt  regulations to  carry  into effect  the                                                               
provisions  of the  new  chapter  - AS  08.07.    He referred  to                                                               
proposed Section 4, which identifies  the duties of the board, to                                                               
include  adopting  regulations  that  will  describe  appropriate                                                               
treatment modalities  for athletic  training.  He  explained that                                                               
Amendment 2 would  address issues that arose  over the definition                                                               
of  athletic  trainer  and  the scope  of  practice  of  athletic                                                               
trainers.                                                                                                                       
                                                                                                                                
3:37:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  referred  to  page  1,  lines  20-23  of                                                               
Amendment 2,  to the definition  of athletic training.   He asked                                                               
whether  the  athletic  training  needs   to  be  overseen  by  a                                                               
physician.                                                                                                                      
                                                                                                                                
MR. JACKSON answered  that it is intended  that athletic trainers                                                               
and  the  practice  of  athletic   training  be  done  under  the                                                               
supervision  and direction  of physician  to assure  that injured                                                               
athletes are cared for at  a medical standard acceptable to State                                                               
Medical Board.                                                                                                                  
                                                                                                                                
3:38:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  if   that  oversight  would  also                                                               
include the standard types of  treatment for conditions such as a                                                               
sprained ankle.  He related a  scenario in which at the beginning                                                               
of  the season  that the  team  has no  practice yet.   He  asked                                                               
whether a  plan of care needs  to be established should  there be                                                               
injuries or  is it  assumed there  is a  standard protocol  for a                                                               
physician's care.                                                                                                               
                                                                                                                                
MR.  JACKSON   answered  that  would   probably  be   defined  in                                                               
regulation.  He offered his belief  that the intention is to have                                                               
all the  activities that an athletic  trainer provides supervised                                                               
under the direction of a physician.   He pointed out that doctors                                                               
will  ensure the  athletic trainers  have  the skills  to ice  an                                                               
ankle and wrap a knee.                                                                                                          
                                                                                                                                
REPRESENTATIVE JOHNSON offered his  belief that most programs, in                                                               
particular,  for   scholastic  sports  require   participants  to                                                               
undergo physicals  prior to participating  in sports in  order to                                                               
provide a  baseline assessment and  to authorize  the individuals                                                               
to play.                                                                                                                        
                                                                                                                                
3:39:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER related  his understanding the individuals                                                               
would be under the doctor's care at that point.                                                                                 
                                                                                                                                
REPRESENTATIVE JOHNSON agreed.                                                                                                  
                                                                                                                                
3:40:06 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  removed his  objection.    There being  no  further                                                               
objection, Amendment 2 was adopted.                                                                                             
                                                                                                                                
3:40:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON said  he thinks this is a  good start even                                                               
though the definition of athletic trainer  may be the most lax in                                                               
the nation.   He suggested that other states  have more extensive                                                               
programs.   He  reiterated  that  it was  a  good  start and  the                                                               
legislature can  review the provisions  if problems develop.   He                                                               
pointed  out that  there  is  the capability  to  deal with  very                                                               
serious injuries.   He was  unsure if  the bill goes  far enough,                                                               
but he again suggested SB 119 is a good start.                                                                                  
                                                                                                                                
3:41:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON moved  to report  the proposed  committee                                                               
substitute  (CS)   for  SB  119,  Version   27-LS0732\X,  Kirsch,                                                               
4/10/12,   as  amended,   out   of   committee  with   individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no further objection, the HCSCSSB  119(L&C) was reported from the                                                               
House Labor and Commerce Standing Committee.                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                

Document Name Date/Time Subjects
SB25 Draft Proposed Amendment S.2.pdf HL&C 4/14/2012 3:15:00 PM
SB 25
SB25 Draft Proposed Amendment S.1.pdf HL&C 4/14/2012 3:15:00 PM
SB 25
SB25 Draft Proposed Amendment S.3.pdf HL&C 4/14/2012 3:15:00 PM
SB 25
SB119 Draft Proposed Amendment X.3.pdf HL&C 4/14/2012 3:15:00 PM
SB 119
SB119 Draft Proposed Amendment X.4.pdf HL&C 4/14/2012 3:15:00 PM
SB 119
SB119 Draft Proposed CS ver X.pdf HL&C 4/14/2012 3:15:00 PM
SB 119
SB25 Draft Proposed CS version L.PDF HL&C 4/14/2012 3:15:00 PM
SB 25