Legislature(1999 - 2000)

04/12/1999 01:32 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               SB  71-PHYSICIAN LICENSURE CHANGES                                                                               
                                                                                                                                
CHAIRMAN MILLER called the Senate Health, Education and Social                                                                  
Services (HESS) Committee to order at 1:32 p.m. and brought up SB
71.  After SB 71, the committee would hear a briefing by the Alaska                                                             
Food Coalition, followed by SB 21.                                                                                              
                                                                                                                                
Number 010                                                                                                                      
                                                                                                                                
DR. SARAH ISTO, Chairman of the Medical Board, spoke on behalf of                                                               
the board in support of SB 71, and expressed its appreciation of                                                                
Senator Miller and the committee for introducing this bill which is                                                             
important for the board's functioning and for Alaskans who are                                                                  
patients.  As background she noted there are about 2,000 licensed                                                               
physicians in the state, of whom about 400 are osteopaths and the                                                               
remainder, medical doctors.  The board also licenses paramedics and                                                             
physician assistants, but this bill doesn't  include those                                                                      
practitioners who are in an up-to-date statute.  SB 71 deals with                                                               
older provisions in the statute relating to medical doctors.                                                                    
                                                                                                                                
There is no reciprocity for medical licenses in the U.S. which                                                                  
means each state sets its own standards, requiring people to apply                                                              
in each state they practice.  DR. ISTO said Alaska statutes should                                                              
meet at least the same kind of standards that other states require                                                              
in order to get competent practitioners in our state.                                                                           
                                                                                                                                
DR. ISTO proceeded to explain the statute changes in SB 71                                                                      
summarized in her letter to Senator Miller on April 7.  She said                                                                
she grouped items together by subject matter in paragraphs rather                                                               
than by numerically following the statute.  The italicized language                                                             
in her letter explains the board's reasoning and concerns that led                                                              
to these requested changes.                                                                                                     
                                                                                                                                
Paragraph (1) relates to the current situation in Alaska when                                                                   
someone with a felony conviction applies for a medical license.                                                                 
The board can consider the conviction only if it occurred in the                                                                
course of their practice of medicine or their duties as a                                                                       
physician.  The board received an application for a medical license                                                             
from penitentiary from someone who committed a brutal murder, and                                                               
the statute did not allow consideration of that part of the                                                                     
applicant's history because it did not involve a patient and was it                                                             
not committed in the office or the hospital.  DR. ISTO stated,                                                                  
"Fortunately, there were other problems with that application and                                                               
we did not grant that person a license, because we would have been                                                              
very nervous, not being able to evaluate that part of the license."                                                             
This change adds language on a felony or misdemeanor substantially                                                              
related to the licensee's fitness to practice.  A felony conviction                                                             
for tax evasion might not be considered by the board, but a brutal                                                              
murder should be.                                                                                                               
                                                                                                                                
Paragraph (2) adds "or its designee," and is a housekeeping measure                                                             
relating to licensed physicians who, when renewing their license,                                                               
are required to have 34 hours of continuing medical education.  The                                                             
board sets up a plan, and physicians must wait until the board                                                                  
meets again and even suspend their practice.  This language change                                                              
would avoid having that delay built into a routine matter.                                                                      
                                                                                                                                
Paragraph (3) refers to Section 5 in the bill, another housekeeping                                                             
item relating to temporary or "locum physicians" replacing doctors                                                              
on vacation. The temporary physicians cannot renew that permit                                                                  
without the board taking action at the moment the permit expires.                                                               
The board feels the renewals could be handled by the board's staff.                                                             
                                                                                                                                
Paragraph (4) refers to Section 4 in the bill regarding physicians                                                              
in training.  The only training program in Alaska is the three-year                                                             
Alaska Family Practice residency in Anchorage. Current statute                                                                  
allows a permit to practice under the supervision of a training                                                                 
program for only one year.  By the time they complete their one                                                                 
year, they must take an exam and get the results before they can                                                                
get an active license.  If SB 71 passes, those who are foreign                                                                  
medical graduates would be required to complete their entire                                                                    
training before obtaining an independent license.  This would                                                                   
enable the board to renew those permits.                                                                                        
                                                                                                                                
Paragraph (5) refers to Section 5.  Currently the statute considers                                                             
only a suspension or revocation in another state in a new                                                                       
applicant's file.  But states also deny or have licenses                                                                        
surrendered while an applicant is under investigation for                                                                       
violations of law, or restrict or condition licenses, or place                                                                  
people on probation.  The board wants to be able to consider those                                                              
actions.  This change would expand the language to include the                                                                  
kinds of actions that other boards use.                                                                                         
                                                                                                                                
Paragraph (6) refers to Section 1.  Alaska is the only state that                                                               
requires citizenship of an applicant or permanent residence.  There                                                             
are physicians legally here under visas allowing them to practice                                                               
temporarily, but they are not citizens or permanent residents. A                                                                
visiting specialist who is excellent couldn't be granted a license                                                              
by the board. Foreign trained physicians will have already had                                                                  
three years of training according to this bill.                                                                                 
                                                                                                                                
Paragraph (7) refers to Section 3.  Forty-three states require                                                                  
three years of post-graduate training for physicians who graduated                                                              
from foreign medical schools.  Alaska does not have a way to                                                                    
evaluate foreign education or, as in the case of Burma, even to get                                                             
the records. To confirm competency, most states require foreign                                                                 
graduates to be trained in the U.S. in an accredited residency                                                                  
program where they will be supervised for three years.  The board                                                               
would like to do the same thing.                                                                                                
                                                                                                                                
Paragraph (8) refers to Sections 2 and 6 and relates to applicants                                                              
who are U.S. and Canada trained and not considered to be from a                                                                 
foreign medical school.  Currently Alaska requires one year of                                                                  
post-graduate training.  There are few two-year programs, with most                                                             
programs lasting three to five years. The board wants to recognize                                                              
that situation and require those graduating after 1995 to have at                                                               
least 2 years, in order to evaluate competency. On the other hand,                                                              
if someone graduated in 1978, they have had a long  work experience                                                             
and the board can evaluate that they are competent.                                                                             
                                                                                                                                
DR. ISTO concluded that in Alaska it's extremely important for                                                                  
practitioners to have good skills and judgment, especially in rural                                                             
Alaska where there aren't a lot of specialists and equipment.                                                                   
Thirty people were licensed at the last board meeting,  and only                                                                
one would not have met these proposed criteria.                                                                                 
                                                                                                                                
Number 205                                                                                                                      
                                                                                                                                
SENATOR PEARCE asked if the Medical Board is notified when a                                                                    
malpractice suit is filed or only if there's an actual judgment                                                                 
against a doctor.                                                                                                               
                                                                                                                                
DR. ISTO replied a judgment or a settlement is required to be                                                                   
reported to the board.  The attorneys are aware of that requirement                                                             
and the board has sent out newsletters reminding the licensees of                                                               
it.  The malpractice companies are careful to ensure that reporting                                                             
is done. She believed the board receives most of the reports.                                                                   
                                                                                                                                
SENATOR PEARCE asked if the board requires doctors to have                                                                      
malpractice insurance.  DR. ISTO answered "No, the board doesn't                                                                
get into the insurance business.  Someone can be uninsured, but                                                                 
they are still required to report."                                                                                             
                                                                                                                                
SENATOR PEARCE asked if there could be a number of reports before                                                               
the board would evaluate a physician.  DR. ISTO replied the board                                                               
looks at certain types of malpractice issues involving alcohol or                                                               
negligence.  A pattern would concern the board, but there is no                                                                 
computerized system and each report is scanned on arrival.  A                                                                   
patient can file a malpractice action and complain to the board.                                                                
All complaints to the board are evaluated, and the board knows if                                                               
there have been a number of complaints against a doctor.                                                                        
                                                                                                                                
Number 258                                                                                                                      
                                                                                                                                
SENATOR ELTON said he appreciated Dr. Isto's concise sectional                                                                  
analysis of the bill.                                                                                                           
                                                                                                                                
SENATOR PEARCE asked if there is a companion bill in the House.                                                                 
DR. ISTO replied there is not, but the House expressed earlier                                                                  
interest in the issue.  SB 71 has a zero fiscal note.                                                                           
                                                                                                                                
SENATOR PEARCE asked if most hospitals require their doctors to                                                                 
carry malpractice insurance.  DR. ISTO responded she believed that                                                              
is true.                                                                                                                        
                                                                                                                                
CHAIRMAN MILLER interjected he believed Ms. Isto is correct,                                                                    
recalling that was an issue in tort reform a couple years ago.  He                                                              
asked for a motion to adopt the Committee Substitute.                                                                           
                                                                                                                                
SENATOR WILKEN moved to adopt CSSB 71 (HES) Version D Lauterbach                                                                
4/7/99 in lieu of the original bill.  Without objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
Number 288                                                                                                                      
                                                                                                                                
MS. CATHERINE REARDON, Director of the Division of Occupational                                                                 
Licensing, Department of Commerce & Economic Development spoke in                                                               
support of the bill.  She stated her division provides staff                                                                    
support to the state Medical Board.  The department appreciates the                                                             
time the committee has put into introducing and crafting the bill.                                                              
Following up on the previous discussion, MS. REARDON clarified the                                                              
board doesn't have statutory authority to require malpractice                                                                   
insurance, and it would require legislative action if the committee                                                             
wanted to do that.                                                                                                              
                                                                                                                                
CHAIRMAN MILLER asked the wish of the committee.                                                                                
                                                                                                                                
SENATOR WILKEN moved to report CSSB 71 (HES) out with individual                                                                
recommendations and attached zero fiscal note.  Without objection,                                                              
it was so ordered.                                                                                                              

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