Legislature(2021 - 2022)BARNES 124

04/11/2022 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 176 DIRECT HEALTH AGREEMENT: NOT INSURANCE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ SB 174 ALLOW NATURAL HAIRSTYLES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 276 PSYCHOLOGISTS: LICENSING AND PRACTICE TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 276-PSYCHOLOGISTS: LICENSING AND PRACTICE                                                                      
                                                                                                                                
3:53:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ announced  that the  final order  of business                                                               
would be  HOUSE BILL NO.  276, "An  Act relating to  licensing of                                                               
psychologists and  psychological associates; and relating  to the                                                               
practice of psychology."                                                                                                        
                                                                                                                                
CO-CHAIR SPOHNHOLZ  explained that  HB 276 is  a House  Labor and                                                               
Commerce  Standing  Committee  bill  that  is  being  carried  by                                                               
Representative Fields.   She  explained that  work was  done with                                                               
stakeholders to  draft a committee  substitute (CS),  and today's                                                               
hearing will get the working  document into the public sphere and                                                               
will allow Legislative Legal Services to draft amendments.                                                                      
                                                                                                                                
3:54:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER moved to adopt  the proposed CS for HB 276,                                                               
version  32-LS0963\I,  Ambrose,  3/30/22 ("Version  I"),  as  the                                                               
working document.                                                                                                               
                                                                                                                                
3:54:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER objected for the discussion purpose.                                                                      
                                                                                                                                
[REPRESENTATIVE KAUFMAN objected.]                                                                                              
                                                                                                                                
3:54:26 PM                                                                                                                    
                                                                                                                                
GRACE  KUBITZ, Staff,  Representative Zack  Fields, Alaska  State                                                               
Legislature, introduced  the proposed CS  for HB 276,  Version I,                                                               
on behalf  of the  House Labor  and Commerce  Standing Committee,                                                               
sponsor.   She  deferred  to  Mr. Marvo  Reguindin  and Dr.  Erin                                                               
Johnson to address the changes that have been made.                                                                             
                                                                                                                                
3:55:23 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:55:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  invited Mr.  Reguindin  and  Dr. Johnson  to                                                               
provide  testimony   as  representatives   of  the   two  leading                                                               
stakeholder groups working on the proposed CS for HB 276.                                                                       
                                                                                                                                
3:57:07 PM                                                                                                                    
                                                                                                                                
MARVO   REGUINDIN,  Executive   Director,  Alaska   Psychological                                                               
Association (APA), as the representative  of a stakeholder group,                                                               
provided testimony regarding the proposed  CS for HB 276, Version                                                               
I.  He related  that the APA committee working on  HB 276 came to                                                               
agreement  on  dropping  several  sections.    Subsequently,  the                                                               
association met with the state  licensing board to review Section                                                               
2, where there  was concern that public trust  could be violated,                                                               
and it  was agreed to  drop Section  2.  Part-time  licensing was                                                               
also dropped, he  continued, because the time to  process a part-                                                               
time license would  be the same as a full-time  license and there                                                               
would  not be  a  reduction  of fees.    Further, monitoring  the                                                               
number  of  part-time hours  would  not  be  possible.   He  said                                                               
Sections 10  and 11 were  dropped as well, which  included tribal                                                               
health organizations under a description  of what is not included                                                               
in  psychology   plus  the  aspect   of  what  a   tribal  health                                                               
organization is.   There wasn't enough agreement  or reaching out                                                               
to the tribal  health organizations for APA to  get clear concise                                                               
agreement of whether they would be agreeable to that.                                                                           
                                                                                                                                
3:59:45 PM                                                                                                                    
                                                                                                                                
ERIN  JOHNSON,  PhD,  Chair, Alaska  Board  of  Psychologist  and                                                               
Psychological  Associate Examiners,  as the  representative of  a                                                               
stakeholder group,  provided testimony regarding the  proposed CS                                                               
for HB  276, Version I.   She stated  that all board  members met                                                               
with Mr. Reguindin  on 3/18/[2022] and voted to  approve the bill                                                               
with edits.   She said [Version I] appears to  have all the edits                                                               
included.                                                                                                                       
                                                                                                                                
4:00:29 PM                                                                                                                    
                                                                                                                                
MS. KUBITZ reviewed  the changes from the  original bill [Version                                                               
A] to Version I.  She explained  that in Section 2 [page 2, lines                                                               
18-20 of  the original bill]  language was deleted  which stated,                                                               
"completed  at  least  3,000  hours  of  supervised  professional                                                               
experience gained through  practicum, internship, or postdoctoral                                                               
experience  approved  by  the  board,   or  organized  through  a                                                               
combination of  those".  Also deleted  on page 2 of  the original                                                               
bill  was  the  language  on   lines  25-27  which  stated,  "has                                                               
submitted an  application on  a form approved  by the  board that                                                               
includes  a  brief written  account  of  the person's  education,                                                               
qualifications,  and  work  history  and proof  of  the  person's                                                               
competence to practice psychology".                                                                                             
                                                                                                                                
MS. KUBITZ explained that in Section  3 [on page 3, lines 10-11,]                                                               
of the original bill the  words "three" and "recommendation" were                                                               
deleted and  words added so that  in Version I [on  page 3, lines                                                               
4-6], the  language reads, "letters of  reference, as established                                                               
in regulations  adopted by the  board, from  professional sources                                                               
in the field  of behavioral health familiar  with the applicant's                                                               
clinical level work of the previous five years."                                                                                
                                                                                                                                
MS. KUBITZ  said Section 4  of the original bill  was eliminated,                                                               
which  would have  amended the  statute by  adding a  new section                                                               
that outlined the qualifications required  for the board to issue                                                               
a  part-time  psychologist  license.    She  further  noted  that                                                               
removed from  the list of  fees under  Section 5 of  the original                                                               
bill  were "initial  part-time  license"  and "part-time  license                                                               
renewal" since these were deleted in the rest of the bill.                                                                      
                                                                                                                                
MS. KUBITZ explained  that in Section 6 of the  original bill [on                                                               
page  4, line  9], the  words "without  unreasonable delay"  were                                                               
deleted.   In Section 7  of the original  bill [on line  17], the                                                               
words "or  part-time" were  deleted to conform  with the  rest of                                                               
the bill.   She said Section 8 of the  original bill was deleted,                                                               
which would  have amended AS 08.86  by adding a new  section that                                                               
outlined the  board's ability to issue  a part-time psychological                                                               
associate license and the requirements  to obtain such a license.                                                               
Additionally, she  continued, in Section  9 of the  original bill                                                               
[on page  5, line 13], the  words "or part-time" were  deleted to                                                               
conform  with the  rest  of the  bill.   Ms.  Kubitz stated  that                                                               
Section 10  of the  original bill was  deleted, which  would have                                                               
amended  AS  08.86.180(b) to  add  a  "contractor" of  "a  tribal                                                               
organization who  is licensed to  practice psychology  in another                                                               
state" to  the list of  psychologists to whom this  section would                                                               
not apply.  Further, Section 11  of the original bill was deleted                                                               
which  would have  added a  new subsection  that defined  "tribal                                                               
organization".                                                                                                                  
                                                                                                                                
4:03:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY inquired about Section 7, subsection (a).                                                                
                                                                                                                                
MS. KUBITZ  replied that she  is referring to Version  A, Section                                                               
7, subsection (a), where the words "or part-time" were deleted.                                                                 
                                                                                                                                
4:04:47 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:04 p.m. to 4:06 p.m.                                                                       
                                                                                                                                
4:06:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY pointed out that  in the original bill the                                                               
words "or part-time"  appear in Section 7(a), [on  page 4], lines                                                               
17 and 23, and those words are deleted in Version I.                                                                            
                                                                                                                                
MS. KUBITZ  concurred and said  this error would be  corrected in                                                               
the summary of changes and  the summary would be redistributed to                                                               
the committee.                                                                                                                  
                                                                                                                                
4:07:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY expressed his  appreciation for the effort                                                               
involved in  making these changes  because he was  not interested                                                               
in moving  the original version  of the  bill.  He  observed that                                                               
Version I, page  1, line 10, would  add the words "and  a code of                                                               
ethics" [to AS 08.86.070].   He submitted that in this profession                                                               
there is  already a  code of  ethics.   He further  observed that                                                               
Version I,  page 2, lines 5-6,  would add the words  "maintain an                                                               
active  membership  with  a national  association  of  psychology                                                               
boards."   He asked whether "and  a code of ethics"  is referring                                                               
to a national code of ethics.                                                                                                   
                                                                                                                                
DR. JOHNSON  responded that the  most widely used code  of ethics                                                               
is  the  American  Psychological Association's  (APA's)  code  of                                                               
ethics that is  adopted in [the Alaska  board's] regulations, and                                                               
[Version I] specifically  outlines it in the statutes.   She said                                                               
the  "national  association  of psychology  board"  is  a  member                                                               
organization.  Currently, she continued,  [the Alaska board] is a                                                               
member  of [the  Association of  State and  Provincial Psychology                                                               
Boards  (ASPPB)], which  oversees and  supports boards  in Canada                                                               
and all the United States.                                                                                                      
                                                                                                                                
REPRESENTATIVE MCCARTY  concurred that Alaska should  have a code                                                               
of ethics.   He expressed  his concern that sometimes  a national                                                               
group of  individuals creates a  code of ethics that  doesn't fit                                                               
for Alaska.   For example, he said, the state  was using the code                                                               
of ethics of  an association he was part of,  but the association                                                               
changed its code  of ethics to talk about not  having any kind of                                                               
relationship with a patient, which  is appropriate.  However, the                                                               
association  also applied  this to  any extended  family members,                                                               
which eliminates  a lot of  Alaska.   A psychologist in  a remote                                                               
area  may find  himself or  herself romantically  infatuated with                                                               
someone who  is not  his or  her patient but  who is  an extended                                                               
family member of a patient.                                                                                                     
                                                                                                                                
DR.  JOHNSON answered  that  this gives  [the  Alaska board]  the                                                               
leeway to  change the code  of ethics  to which it  would adhere.                                                               
At this  point, she continued,  [the Alaska board]  believes that                                                               
APA is  appropriate for Alaska as  it does not put  such a narrow                                                               
focus  on the  topic  mentioned by  Representative McCarty;  also                                                               
[the board] can change the regulation if needed.                                                                                
                                                                                                                                
4:11:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN drew  attention to  [Version I],  page 2,                                                               
line 22,  which read:   "provides the documents specified  in (c)                                                               
of this section."   He requested confirmation  that the reference                                                               
is correct.                                                                                                                     
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  responded  that subsection  (c)  is  located                                                               
under Section 3.                                                                                                                
                                                                                                                                
REPRESENTATIVE KAFUFMAN  asked whether,  to provide  clarity, the                                                               
reference should state "in (c) of Section 3".                                                                                   
                                                                                                                                
MS. KUBITZ  agreed that that  is correct and  said it would  be a                                                               
good clarification.                                                                                                             
                                                                                                                                
4:12:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER  removed  her objection  to  adopting  the                                                               
proposed CS, Version I, as the working document.                                                                                
                                                                                                                                
REPRESENTATIVE  KAUFMAN removed  his  objection  to adopting  the                                                               
proposed CS, Version I, as the  working document.  There being no                                                               
further objection, Version I was before the committee.                                                                          
                                                                                                                                
4:13:12 PM                                                                                                                    
                                                                                                                                
DR.  JOHNSON,  responding to  Co-Chair  Spohnholz,  said she  had                                                               
nothing more to add regarding HB 276.                                                                                           
                                                                                                                                
MR.  REGUINDIN, responding  to Co-Chair  Spohnholz,  said he  had                                                               
nothing more to add regarding HB 276.                                                                                           
                                                                                                                                
4:14:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  opened  public  testimony on  HB  276,  then                                                               
closed it after ascertaining that no one wished to testify.                                                                     
                                                                                                                                
[HB 276 was held over.]                                                                                                         

Document Name Date/Time Subjects
SB 174 Sectional Analysis v. W 2.28.2022.pdf HL&C 4/11/2022 3:15:00 PM
SB 174
SB 174 Support Letters Received as of 2.27.22.pdf HL&C 4/11/2022 3:15:00 PM
SL&C 2/28/2022 1:30:00 PM
SB 174
SB 174 Sponsor Statement v. G 2.10.2022.pdf HL&C 4/11/2022 3:15:00 PM
SEDC 2/16/2022 9:00:00 AM
SEDC 2/23/2022 9:00:00 AM
SB 174
CS HB 176 (L&C) v. B.pdf HL&C 4/11/2022 3:15:00 PM
HB 176
CS HB 176 (L&C) v. B Summary of Changes.pdf HL&C 4/11/2022 3:15:00 PM
HB 176
SB 174 Letter 2.18.22.pdf HL&C 4/11/2022 3:15:00 PM
SB 174
SB 174 Fiscal Note_DOLWD.pdf HL&C 4/11/2022 3:15:00 PM
SB 174
SB 174 Fiscal Note_DEED.pdf HL&C 4/11/2022 3:15:00 PM
SB 174
HB 276 ver. I 4.5.22.pdf HL&C 4/11/2022 3:15:00 PM
HB 276
HB 276 Sectional Analysis ver. I 4.11.22.pdf HL&C 4/11/2022 3:15:00 PM
HB 276
CS HB 176 (L&C) v. B Summary of Changes_corrected 4.12.22.pdf HL&C 4/11/2022 3:15:00 PM
HB 176