03/11/2020 09:00 AM Senate FINANCE

SENATE BILL NO. 172                                                                                                           
                                                                                                                                
     "An Act extending the termination date of the State                                                                        
     Medical Board; and providing for an effective date."                                                                       
                                                                                                                                
9:40:48 AM                                                                                                                    
                                                                                                                                
SENATOR DONNY OLSON, SPONSOR, introduced the legislation                                                                        
                                                                                                                                
9:41:19 AM                                                                                                                    
                                                                                                                                
ELIZABETH  REXFORD, STAFF,  SENATOR  DONNY OLSON,  discussed                                                                    
the bill.                                                                                                                       
                                                                                                                                
9:43:00 AM                                                                                                                    
                                                                                                                                
KRIS  CURTIS,   LEGISLATIVE  AUDITOR,  ALASKA   DIVISION  OF                                                                    
LEGISLATIVE AUDIT, discussed the  audit of the State Medical                                                                    
Board.                                                                                                                          
                                                                                                                                
9:49:03 AM                                                                                                                    
                                                                                                                                
Senator Olson  looked at  the issue related  to some  of the                                                                    
shortfalls, and noted the lack  of reporting. He asked about                                                                    
the other state's requirements.                                                                                                 
                                                                                                                                
Ms. Curtis replied in the affirmative.                                                                                          
                                                                                                                                
Senator Olson  queried the  seriousness of  the disciplinary                                                                    
actions.                                                                                                                        
                                                                                                                                
Ms. Curtis replied that they  were civil fine actions, so it                                                                    
depended on the reason for the fine.                                                                                            
                                                                                                                                
Senator Olson looked at page 11,  and noted FY 16, FY 17, FY                                                                    
18 and  remarked on the  100 increase  between FY 16  and FY                                                                    
18. He queried the reason for the significant change.                                                                           
                                                                                                                                
Ms. Curtis  deferred to the  Board chair. She  believed that                                                                    
there was normally an explanation for an increase.                                                                              
                                                                                                                                
9:51:12 AM                                                                                                                    
                                                                                                                                
SARAH  BIGELOW-HOOD,  ALASKA  STATE  MEDICAL  BOARD  MEMBER,                                                                    
ANCHORAGE  (via teleconference),  stated that  there was  no                                                                    
current Chair of the board.                                                                                                     
                                                                                                                                
Co-Chair von Imhof  wondered whether there was  an intent to                                                                    
appoint a new Chair soon.                                                                                                       
                                                                                                                                
Ms.  Bigelow-Hood replied  in  the  affirmative. She  stated                                                                    
that the entire  board was new, and would meet  to decide on                                                                    
a new Chair.                                                                                                                    
                                                                                                                                
9:51:52 AM                                                                                                                    
                                                                                                                                
Senator  Wielechowski noted  that  the  audit recommended  a                                                                    
five-year  extension, but  the  bill only  had a  three-year                                                                    
extension. He queried any thoughts on the difference.                                                                           
                                                                                                                                
Ms.  Curtis replied  that the  recommendation of  five years                                                                    
was based on a cost benefit related to conducting an audit.                                                                     
                                                                                                                                
Co-Chair von Imhof wondered what  happened in the House when                                                                    
presented with the five-year extension.                                                                                         
                                                                                                                                
Ms. Curtis replied  that there was a concern  about the lack                                                                    
of compliance.                                                                                                                  
                                                                                                                                
Senator  Olson wondered  how often  a board  did not  have a                                                                    
Chair   realizing  that   the  members   had  recently   had                                                                    
appointments.                                                                                                                   
                                                                                                                                
Ms.  Curtis  replied  that  it was  highly  unusual  in  her                                                                    
experience,  and  noted  that there  was  something  similar                                                                    
occurring in the Board of Nursing.                                                                                              
                                                                                                                                
Co-Chair von Imhof wondered how  long the Chair position had                                                                    
been vacant.                                                                                                                    
                                                                                                                                
Ms. Bigelow-Hood  replied that  she did  not know,  and that                                                                    
she had only been appointed for approximately one week.                                                                         
                                                                                                                                
Co-Chair von Imhof wondered how  long the Chair position had                                                                    
been  vacant, and  when it  was anticipated  that the  Chair                                                                    
position would be filled.                                                                                                       
                                                                                                                                
9:54:45 AM                                                                                                                    
                                                                                                                                
DAVID BOSWELL, ALASKA STATE  MEDICAL BOARD MEMBER, FAIRBANKS                                                                    
(via  teleconference), responded  that five  of seven  board                                                                    
positions  had only  recently been  appointed in  March. The                                                                    
first order of  business would be to organize  and appoint a                                                                    
Chair.                                                                                                                          
                                                                                                                                
Co-Chair  von  Imhof  wondered why  there  was  almost  near                                                                    
complete turnover on the board.                                                                                                 
                                                                                                                                
Mr. Boswell guessed that it was the need for compliance.                                                                        
                                                                                                                                
Senator  Wielechowski wondered  why  five out  of the  seven                                                                    
people left the board.                                                                                                          
                                                                                                                                
Mr. Boswell replied that he did not know.                                                                                       
                                                                                                                                
Co-Chair von  Imhof wanted  to see the  list of  the current                                                                    
board members and their terms.                                                                                                  
                                                                                                                                
Mr. Boswell replied that his  position was term limit-ed out                                                                    
at eight years.                                                                                                                 
                                                                                                                                
Senator Wilson felt that Ms.  Chambers could address some of                                                                    
the questions.                                                                                                                  
                                                                                                                                
9:57:32 AM                                                                                                                    
                                                                                                                                
SARA CHAMBERS, DIRECTOR,  DIVISION OF CORPORATIONS, BUSINESS                                                                    
AND   PROFESSIONAL   LICENSING,  DEPARTMENT   OF   COMMERCE,                                                                    
COMMUNITY AND ECONOMIC DEVELOPMENT, deferred to Ms. Jones.                                                                      
                                                                                                                                
9:57:54 AM                                                                                                                    
                                                                                                                                
ALYSIA JONES, EXECUTIVE  ADMINISTRATOR, ALASKA STATE MEDICAL                                                                    
BOARD, JUNEAU,  remarked that there  was a full  turnover of                                                                    
the board as of March 3,  2020. She remarked that there were                                                                    
two that had early terminations.                                                                                                
                                                                                                                                
Senator  Wielechowski surmised  that two  member terms  were                                                                    
terminated before their terms were complete.                                                                                    
                                                                                                                                
Ms. Jones agreed.                                                                                                               
                                                                                                                                
Senator   Wielechowski  wondered   why   their  terms   were                                                                    
terminated early.                                                                                                               
                                                                                                                                
                                                                                                                                
Ms.   Jones  replied   that  she   did   not  receive   that                                                                    
information, but were only notified of the changes.                                                                             
                                                                                                                                
Co-Chair  von Imhof  wondered how  the board  member and  by                                                                    
whom they were notified that their term was to end early.                                                                       
                                                                                                                                
Ms. Jones replied that the  Boards and Commission would call                                                                    
and notify the member of the change.                                                                                            
                                                                                                                                
10:00:01 AM                                                                                                                   
                                                                                                                                
Senator   Wielechowski   requested   the  reason   for   the                                                                    
termination of the membership.                                                                                                  
                                                                                                                                
Senator Bishop stressed the importance  of the State Medical                                                                    
Board. He  felt that  there should  be continuity  on public                                                                    
safety.                                                                                                                         
                                                                                                                                
Senator Wielechowski stressed that  the mission of the board                                                                    
was to  protect the health of  the state. He wanted  to know                                                                    
the reason for the turnover.                                                                                                    
                                                                                                                                
Ms. Chambers  would request a  response from  the Governor's                                                                    
Office.                                                                                                                         
                                                                                                                                
Senator  Olson wondered  who would  ensure  that there  were                                                                    
disciplinary actions against the "bad actors."                                                                                  
                                                                                                                                
Ms. Chambers replied that the  board continued to go through                                                                    
the    investigative    process    with    the    department                                                                    
investigators.                                                                                                                  
                                                                                                                                
Senator  Olson   queried  the  last  time   the  board  took                                                                    
disciplinary action.                                                                                                            
                                                                                                                                
Ms. Jones  replied that the  board typically took  action at                                                                    
their  quarterly  meetings,  and  the last  meeting  was  on                                                                    
February 6 and 7 of 2020.  The new board would be meeting in                                                                    
the upcoming May.                                                                                                               
                                                                                                                                
Co-Chair von  Imhof asked whether  the meeting  minutes were                                                                    
available to the public.                                                                                                        
                                                                                                                                
Ms.  Jones replied  that  the meetings  of  the most  recent                                                                    
meeting would be available at the end of the week.                                                                              
                                                                                                                                
10:05:11 AM                                                                                                                   
                                                                                                                                
Senator Olson  assumed that there  was no action  because of                                                                    
the turnover.  He wanted  to know the  last time  action was                                                                    
taken against someone.                                                                                                          
                                                                                                                                
Co-Chair von  Imhof stressed the importance  of disciplinary                                                                    
action.                                                                                                                         
                                                                                                                                
Ms. Jones  replied that the investigations  were ongoing, so                                                                    
the action would be brought  to the board at the appropriate                                                                    
time.                                                                                                                           
                                                                                                                                
Ms.  Chambers  noted  that  if  there  was  a  need  for  an                                                                    
emergency action,  it was initiated by  her department after                                                                    
the information was given, so  a meeting could be called for                                                                    
the action.  She stressed that  all of the  boards, required                                                                    
of turnover, could meet as needed.                                                                                              
                                                                                                                                
Senator Olson appreciated the ability for emergency action.                                                                     
                                                                                                                                
10:07:41 AM                                                                                                                   
                                                                                                                                
RICHARD WEIN, ALASKA STATE MEDICAL  BOARD MEMBER, SITKA (via                                                                    
teleconference),  stated that  he was  a new  member of  the                                                                    
board. He called  in to support the passage of  the bill. He                                                                    
remarked that  was important for  physicians to do  no harm.                                                                    
He felt  that he was  convinced that a meeting  should occur                                                                    
as soon as possible to fully  vet the current issues. He was                                                                    
critically aware  of the issues facing  the board, including                                                                    
coming into compliance with the current audit.                                                                                  
                                                                                                                                
Senator Wilson  stated that he  did not have a  question for                                                                    
Dr. Wein.                                                                                                                       
                                                                                                                                
Co-Chair von Imhof OPENED public testimony.                                                                                     
                                                                                                                                
Co-Chair von Imhof CLOSED public testimony.                                                                                     
                                                                                                                                
10:11:33 AM                                                                                                                   
                                                                                                                                
Senator Wilson remarked that the  board would not be able to                                                                    
pick a new Chair until after confirmations.                                                                                     
                                                                                                                                
Ms. Jones replied in the affirmative.                                                                                           
                                                                                                                                
Senator Bishop reviewed the fiscal note.                                                                                        
                                                                                                                                
Co-Chair von Imhof discussed the following day's agenda.                                                                        
                                                                                                                                
SB 172 was HEARD and HELD in committee for further                                                                              
consideration.