Legislature(2005 - 2006)BUTROVICH 205
04/13/2005 02:00 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB125 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 125 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 125-LICENSING MEDICAL OR CARE FACILITIES
CHAIR FRED DYSON announced SB 125 to be up for consideration at
2:18:08 PM. He recapped that two amendments were proposed last
week, but were not adopted and the committee had prepared a
substitute with them in it.
SENATOR GREEN moved to adopt CSSB 125, version G, and objected
for the purposes of discussion.
2:19:23 PM
DR. MANDSAGER, Director, Division of Public Health, Department
of Health and Social Services (DHSS), explained that most of the
amendments incorporated into the CS relate to renumbering. But
he recommended withdrawing one of the substantive changes on
page 33, lines 22 ["includes a facility that performs basic
diagnostic and therapeutic services"] that he had proposed. It
was too broad and would give doctors the impression the
department would be regulating into their offices. Other
entities could be added in the future if the Legislature decided
they should be licensed. However, he recommended using the
effective date of 2006.
The other element that was talked about last time was in
response to the Alaska State Hospital and Nursing Home
Association (ASHNHA) comments about if the department takes over
operation of an entity that the department licenses because of
an immediate risk to clients, that decision should be taken with
the commissioner's involvement. New language on page 29, line
20, states:
The department may not take action unless the
commissioner has reasonable cause to believe that
continue management by the entity would be injurious
to the health, safety or welfare of individuals
receiving services from them.
2:23:24 PM
DR. MANDSAGER said one other change corrected an error in the
hearing section, AS 47.32.160, on page 30, lines 30-31 by
removing "not" and it now reads: "AS 44.64.060 applies to the
hearing."
SENATORS WILKEN and OLSON arrived at 2:23:52 PM.
SENATOR GREEN removed her objection and CSSB 125(HES), version
G, was adopted.
SENATOR GREEN moved to adopt Amendment 1 to CSSB 125(HES) that
deleted lines 22 and 23 on page 33 as per Dr. Mandsager's
suggestion and to renumber accordingly. There were no objections
and Amendment 1 was adopted.
2:25:49 PM
CHAIR DYSON noted that he had received an Attorney General's
opinion on background checks and registry in other databases
stating that the state has no right to interfere with the
practice of abortion by a licensed practitioner.
DR. MANDSAGER replied that this document addressed a number of
questions asked by both the House and Senate on that issue.
STACIE KRALY, Assistant Attorney General, said the provision
referenced AS 18.16.010(a)(2) that says an abortion must be
performed in a hospital or an approved facility, but it is
unenforceable with respect to first trimester abortions. The
Attorney General's letter opines that is still his opinion after
subsequent Alaska Supreme Court decisions.
CHAIR DYSON said there is no way to verify that the abortions
performed in those facilities were done in the first trimester.
"It's self reporting."
DR. MANDSAGER reported that abortions are being performed in
licensed facilities, but he does license ambulatory surgery
centers for abortions and he will continue to make sure that is
done appropriately.
CHAIR DYSON asked if ambulatory service centers don't perform
abortions unless they are licensed by his department to do that
specifically.
DR. MANDSAGER replied that is the case.
SENATOR ELTON asked if other people who have direct access to
clients in licensed facilitates have to be fingerprinted if that
access is unsupervised.
DR. MANDSAGER replied that he thought they should add that
regulations should be developed stating that the only volunteers
this should include would be those who have "regular"
unsupervised direct access to clients.
SENATOR GREEN moved to adopt Amendment 1 to CSSB 125(HES) that
would change the title and clarify possession language on page
4, line 1.
2:32:57 PM
CHAIR DYSON explained that the amendment would allow someone
with an unloaded firearm locked in the trunk of his car to pick
up a child at a care facility. He asked the commissioner of
Department of Health and Social Services (DHSS) to comment on
whether this amendment would jeopardize receiving any federal
funding.
JOEL GILBERTSON, Commissioner, Department of Health and Social
Services (DHSS), said that he would look check in to it.
2:34:26 PM
SENATOR ELTON objected saying that he believes the question of
whether or not the amendment would jeopardize federal funding
should be answered before the amendment is adopted.
SENATOR OLSON asked if the issue of federal funding would
influence his decision.
CHAIR DYSON asked for a roll call vote. Senators Wilken, Green,
Olson and Chair Dyson voted yea; Senator Elton voted nay; and
Amendment 1 was adopted.
2:37:09 PM
MIKE FORD, Alaska Native Health Board, said he appreciated the
efforts of the department and thought they would lead to some
efficiencies. However, he was hoping to work with the department
on some complexities the bill raises. His board has two primary
concerns - that this bill does not diminish nor disrupt services
provided in the bush.
CHAIR DYSON remarked that this director is particularly
sensitive to these issues.
2:38:43 PM
MARTHA ANDERSON, Program Manager, Child Development Program,
Municipality of Anchorage, strongly urged retaining existing
language in AS 47.32.030 that allows municipalities to request
the state to delegate municipalities the authority to license
facilities. She also urged the committee to retain language
that clarifies the process, which has been in place since 1998,
of the delegation system. She also wanted section (c) of AS
47.35.010 retained, but moved to AS 47.32.030. It would say:
The department shall within 90 days after receiving
your written request that it do so, delegate its
powers relating to child care facilities under this
chapter to a municipality that has adopted by
ordinance providing for child care licensing under
home rule powers under AS 29.10.010 or is authorized
under AS 29.35.200 - 29.35.210.
And she strongly wanted the following language to be added:
A municipality to which these powers have been
delegated may adopt by ordinance additional
requirements for childcare facilities operating within
its boundaries if the requirements meet or exceed the
requirements adopted by the department.
2:41:04 PM
MS. ANDERSON explained that she is concerned that if the
language is not retained, the department might exceed its powers
by delegating licensing authority to municipalities. She
explained that her division was first delegated full licensing
responsibility for childcare centers in 1989 and has been
operating under that system until when it was delegated full
authority to license childcare homes in 2004. A huge rewrite of
the division's code has just been finished to match state code.
2:43:31 PM
SENATOR ELTON commented that he was concerned that the registry
could be used as a weapon by an employer in a licensed facility
"to get that employee to go quietly."
DR. MANDSAGER responded that the only leveling activity he could
think of is if the survey team finds evidence that employees
have been performing abuse or neglect and the provider hasn't
reported it and in that case, the employer would be liable. He
said that the registry only contains incidents of abuse and so
if there were no abuse, a threat to place someone on the
registry would be an empty threat.
2:49:16 PM
SENATOR GREEN moved to pass CS SB 125(HES) from committee with
individual recommendations and accompanying fiscal notes. There
were no objections and it was so ordered.
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