Legislature(2021 - 2022)BUTROVICH 205

04/20/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 67 NURSING: LICENSURE; MULTISTATE COMPACT TELECONFERENCED
Failed to Move Out of Committee
+= SB 78 HEALTH CARE SERVICES BY TELEHEALTH TELECONFERENCED
Moved CSSB 78(HSS) Out of Committee
+= SB 80 PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION TELECONFERENCED
Moved CSSB 80(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                              
         SB  67-NURSING: LICENSURE; MULTISTATE COMPACT                                                                      
                                                                                                                                
1:33:18 PM                                                                                                                    
CHAIR WILSON announced the consideration of SENATE BILL NO. 67                                                                  
"An Act relating to the licensure of nursing professionals;                                                                     
relating to  a multistate nurse licensure  compact; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
He  noted the  committee  heard an  overview of  the  bill and  a                                                               
sectional  analysis   and  took  public  testimony   at  previous                                                               
hearings.                                                                                                                       
                                                                                                                                
CHAIR WILSON  recalled the committee began  the amendment process                                                               
on April 15. There was a  motion pending to adopt Amendment 4 and                                                               
an  objection for  the purpose  of discussion.  He asked  Senator                                                               
Begich to refresh the committee's memories about the amendment.                                                                 
                                                                                                                                
1:34:30 PM                                                                                                                    
SENATOR BEGICH stated  Amendment 4, under AS  08.68.330, adds the                                                               
requirement   that   multistate  licensed   nurses   successfully                                                               
complete  two  hours of  board  approved  Alaska Native  cultures                                                               
training. He noted  that Alaska is unique,  as twenty-one percent                                                               
of its population is comprised of indigenous peoples.                                                                           
                                                                                                                                
CHAIR  WILSON remarked  that the  purpose  of the  meeting is  to                                                               
discuss  whether  the  amendments   will  negatively  impact  the                                                               
nursing compact.                                                                                                                
                                                                                                                                
1:35:40 PM                                                                                                                    
SARA CHAMBERS,  Director, Division of Corporations,  Business and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic  Development,  Juneau,  Alaska,  stated  a  foundational                                                               
concept  of the  Nurse  Licensure Compact  (NLC)  is that  states                                                               
cannot  impose additional  preemployment restrictions  on nurses.                                                               
Amendment  4   would  be  a   restriction  and  kill   the  bill.                                                               
Previously,  members  inquired  whether  the  training  could  be                                                               
required after a  nurse is hired. She suggested  Ms. Fotsch speak                                                               
to that consideration.                                                                                                          
                                                                                                                                
1:37:28 PM                                                                                                                    
REBECCA   Fotsch,  Director,   State  Advocacy   and  Legislative                                                               
Affairs, National  Council of State  Boards of  Nursing, Chicago,                                                               
Illinois, commented  that she could  check with the  attorney for                                                               
the  Nurse  Licensure  Compact (NLC)  to  determine  whether  the                                                               
amendment  would  be considered  a  material  deviation from  the                                                               
agreement.  The  requirement  is   a  problem  because  it  would                                                               
decrease  efficiency and  fluid  mobility. Nurses  would need  to                                                               
keep track of what each state requires.                                                                                         
                                                                                                                                
SENATOR  REINBOLD commented  that  Amendment 4  is respectful  to                                                               
Alaska Natives  and people living  in remote areas, but  she does                                                               
not like  to yield authority to  a compact she has  not seen. She                                                               
asserted  training  could  be  accomplished  during  the  nurse's                                                               
flight  to  Alaska. She  does  not  like  the compact's  lack  of                                                               
flexibility. She will vote for the amendment.                                                                                   
                                                                                                                                
1:39:52 PM                                                                                                                    
SENATOR BEGICH stated that a  state cedes its ability to regulate                                                               
nurses when  it joins  the compact.  His goal  is to  protect the                                                               
state's  interest. The  state will  not be  able to  make changes                                                               
unless every  state in  the compact accepts  it. He  is concerned                                                               
that the state would be  surrendering sovereignty and expressed a                                                               
desire  to have  an attorney  determine if  Amendment 4  could be                                                               
accepted by the compact.                                                                                                        
                                                                                                                                
CHAIR WILSON  noted nurses licensed  in Alaska currently  are not                                                               
required to  take a  course in Alaska  Native cultures.  He asked                                                               
Danette Schloeder to comment.                                                                                                   
                                                                                                                                
1:41:59 PM                                                                                                                    
DANETTE  SCHLOEDER, Chair,  Alaska Board  of Nursing,  Anchorage,                                                               
Alaska, replied correct;  Amendment 4 would only  apply to nurses                                                               
working under  a multistate license  and not nurses who  chose to                                                               
have  a single  state license.  She  said the  value of  cultural                                                               
education  would  benefit  all  healthcare  providers,  not  just                                                               
multistate licensed nurses.                                                                                                     
                                                                                                                                
SENATOR HUGHES  expressed disappointment that the  department had                                                               
not  learned whether  Amendment  4  would be  a  problem for  the                                                               
compact. Many nurses  in her district want  a multistate license.                                                               
She  agreed with  Ms. Schloeder  that cultural  training for  all                                                               
healthcare  providers  would be  ideal,  but  it  is not  in  the                                                               
committee's purview.  She remarked that  problems with SB  67 can                                                               
be addressed in the next committee of referral.                                                                                 
                                                                                                                                
1:44:04 PM                                                                                                                    
CHAIR   WILSON  removed   his  objection;   finding  no   further                                                               
objection, Amendment 4 passed.                                                                                                  
                                                                                                                                
He asked Ms. Chambers if she had any final comments.                                                                            
                                                                                                                                
MS. CHAMBERS  replied that there  are misunderstandings  about SB
67.  She clarified  that the  entire compact  is included  in the                                                               
bill. The bill document, SB 67, is the compact.                                                                                 
                                                                                                                                
She  continued that  it is  not  true that  entering the  compact                                                               
causes the  state to lose its  ability to govern the  practice of                                                               
nursing. The  Alaska Board  of Nursing  governs the  practice and                                                               
discipline of nursing in Alaska.  The board can adopt regulations                                                               
to respond to needs in the practice of nursing.                                                                                 
                                                                                                                                
Most of Alaska's  nurses are from out of state.  There are twenty                                                               
thousand  nurses  in  the  state  of Alaska.  They  are  not  all                                                               
residents. Currently,  the department  does not require  what the                                                               
members are  concerned about. The  multistate license  provides a                                                               
faster  way  for nurses,  who  qualify  at higher  standards,  to                                                               
practice  in  Alaska. That  is  all  it  does;  the rest  of  the                                                               
jurisdiction stays with the Alaska Board of Nursing.                                                                            
                                                                                                                                
She  would   like  to   alleviate  concerns,   misunderstands  or                                                               
questions the committee  has. SB 67 gets  highly qualified nurses                                                               
to Alaska practicing  under the jurisdiction of  the Alaska Board                                                               
of Nursing.                                                                                                                     
                                                                                                                                
1:46:58 PM                                                                                                                    
SENATOR BEGICH challenged the claim  that most of Alaska's nurses                                                               
are from outside the state  and requested evidence. The committee                                                               
was  informed that  the state  cannot amend  the compact  without                                                               
approval from all  compact states. He contended  that the compact                                                               
would disallow any regulatory changes  that materially impact the                                                               
agreement  and  the  legislature  would  not  be  able  to  amend                                                               
statutes without  approval. He asked  Ms. Chambers to  explain if                                                               
he is wrong.                                                                                                                    
                                                                                                                                
SENATOR REINBOLD agreed that testimony  was conflicting. She will                                                               
vote no on SB 67  because it undermines legislative authority and                                                               
decreases  state  sovereignty.  The Alaska  Alliance  on  Retired                                                               
Americans,  the  American Federation  of  Labor  and Congress  of                                                               
Industrial   Organizations  (AFL-CIO)   and  the   Alaska  Nurses                                                               
Association provided solid reasons for voting no on SB 67.                                                                      
                                                                                                                                
CHAIR WILSON solicited a motion to move the bill from committee.                                                                
                                                                                                                                
1:49:41 PM                                                                                                                    
SENATOR HUGHES moved  to report SB 67, work  order 32-GS1603\A as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
1:49:50 PM                                                                                                                    
SENATOR REINBOLD objected.                                                                                                      
                                                                                                                                
1:50:16 PM                                                                                                                    
A roll call  vote was taken. Senators Hughes and  Wilson voted in                                                               
favor of the  motion to move SB 67 as  amended from committee and                                                               
Senators  Costello,  Reinbold,  and   Begich  voted  against  it.                                                               
Therefore, the motion failed 2:3.                                                                                               
                                                                                                                                
CHAIR WILSON announced that with a vote  of 2 yeas and 3 nays, SB
67  failed to  move from  the Senate  Health and  Social Services                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
SB 78 NORD Ltr of Support.pdf SHSS 4/20/2021 1:30:00 PM
SB 78
SB 80 Public Input 4.20.21 Redacted.pdf SHSS 4/20/2021 1:30:00 PM
SB 80
SB 78 Adopted Amendments 4.20.21.pdf SHSS 4/20/2021 1:30:00 PM
SB 78
SB 80 Amendment B.4 Wilson.pdf SHSS 4/20/2021 1:30:00 PM
SB 80