Legislature(1999 - 2000)

04/27/1999 01:40 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               SB  71-PHYSICIAN LICENSURE CHANGES                                                                               
                                                                                                                                
CHAIRMAN MACKIE announced SB 71 to be up for consideration.                                                                     
                                                                                                                                
DR. SARAH ISTO, Chair of the State Medical Board, explained that SB
72 resolves licensure problems for the Board, updates Alaska                                                                    
statutes in relation to other states, and corrects unintended                                                                   
problems within the current law.  DR. ISTO said the State Medical                                                               
Board supports the bill.                                                                                                        
                                                                                                                                
DR. ISTO explained there have been several difficulties over the                                                                
past few years that this bill is intended to remedy. There are                                                                  
seven specific problems SB 71 deals with. First, the Board is not                                                               
currently able to consider the fact that an applicant is a                                                                      
convicted felon, unless the felony was committed during the                                                                     
practice of medicine. The Board would like to be able to consider                                                               
felony and misdemeanor offenses when they relate to an applicant's                                                              
fitness to practice.                                                                                                            
                                                                                                                                
Second, DR. ISTO said this bill will prevent delays and                                                                         
interruptions in the delivery of patient care. Currently, if a                                                                  
person is short of continuing education credits, they are supposed                                                              
to stop work immediately. SB 71 will allow a person to continue                                                                 
practicing while a minor deficiency is corrected.                                                                               
                                                                                                                                
Next, DR. ISTO explained SB 71 will fix a problem for residents                                                                 
being trained as doctors. Currently, only one-year permits and                                                                  
licences are awarded, though this is a three-year program in                                                                    
Anchorage.  This bill will allow residents to be licenced after two                                                             
years.                                                                                                                          
                                                                                                                                
Also, Section 5 removes a prohibition on considering anything short                                                             
of a suspension or revocation in another state. DR. ISTO said the                                                               
Board needs to be able to consider other disciplinary actions and                                                               
this section of the bill simply "extends the language into modern                                                               
day discipline uses."                                                                                                           
                                                                                                                                
Section 6 deals with citizenship. Alaska is the only state that                                                                 
requires this, and DR. ISTO remarked she does not think this is                                                                 
pertinent to a doctor's competence. There are people who are                                                                    
legally in the U.S. that are not able to see patients in Alaska,                                                                
and DR. ISTO said she would like to see this requirement deleted.                                                               
                                                                                                                                
Section 7 deals with foreign medical graduates who come from                                                                    
medical schools that are not accredited by the U.S. or Canada.                                                                  
Currently, a person is required to have completed one year of post                                                              
graduate training in an accredited school. Forty-seven other states                                                             
require a person to have completed  three years of post graduate                                                                
training in an accredited school of medicine. She would like to see                                                             
Alaska adopt the three year standard. Additionally, people who                                                                  
graduate from accredited schools after 1995 would be required to                                                                
have two years of post-graduate training.                                                                                       
                                                                                                                                
SENATOR KELLY expressed concern about language on page 4, line 28                                                               
of the bill which gives the Board too much latitude and discretion                                                              
to consider misdemeanor offenses.   DR. ISTO replied the language                                                               
of the bill requires the misdemeanor to be "substantially related                                                               
to the qualifications, functions or duties of the licensee" in                                                                  
order to be considered by the Board. SENATOR KELLY agreed that is                                                               
the initial language, but the bill goes on to say "or a misdemeanor                                                             
in this or any other jurisdiction." SENATOR KELLY stated, "That's                                                               
any misdemeanor . . . I don't want to give the Board that kind of                                                               
discretion."                                                                                                                    
                                                                                                                                
DR. ISTO said she still reads the bill to allow consideration of a                                                              
misdemeanor only as it relates to fitness to practice. SENATOR                                                                  
KELLY maintained that even if the consideration is tied to fitness                                                              
to practice, "That's just a lot of discretion to give to a group of                                                             
people who control their own profession." He asked why it is                                                                    
necessary to give the Board discretion to reject an application by                                                              
a person who has committed a misdemeanor. DR. ISTO stated it is not                                                             
the intention of the Board to "lightly decline applicants because                                                               
they had some misdemeanor." She said she believes the Board would                                                               
be willing to modify this, if they were still given the discretion                                                              
to consider felonies.                                                                                                           
                                                                                                                                
SENATOR MACKIE asked if this section deals with the Board imposing                                                              
sanctions on licensees who have been convicted. He said his concern                                                             
is that a person who has committed a misdemeanor may be denied the                                                              
opportunity to practice medicine. DR. ISTO said she had only                                                                    
intended the Board be able to consider these things, not                                                                        
necessarily act on them or "sanction somebody or refuse a new                                                                   
applicant." She repeated it was not the intent of the Board to                                                                  
include language that would allow denial of a license or sanction                                                               
for a misdemeanor "of no consequence to the practice of medicine."                                                              
Again, she said she would agree to softening of the language if the                                                             
Board retained the right to consider felonies. SENATOR MACKIE                                                                   
thought that was the current law.  MS. ISTO explained felonies                                                                  
could be considered only if they occur as part of a person's duties                                                             
as a physician.                                                                                                                 
                                                                                                                                
SENATOR MACKIE asked who wanted the misdemeanor language. He                                                                    
thought an example of a misdemeanor the Board might want to                                                                     
consider would help the committee understand the motivation behind                                                              
the proposed amendments. DR. ISTO suggested the Board may wish to                                                               
consider a recent DWI.                                                                                                          
                                                                                                                                
SENATOR DONLEY suggested the committee was going back over the same                                                             
ground and "somebody should either propose something or we should                                                               
hold the bill over."                                                                                                            
                                                                                                                                
SENATOR KELLY reiterated he is uncomfortable with the idea of tying                                                             
a misdemeanor to the fitness to practice. He said this could be a                                                               
subjective judgement of whomever happens to be on the Medical Board                                                             
at the time. It is an expansion of the Board's power that makes him                                                             
nervous. SENATOR DONLEY agreed. SENATOR MACKIE proposed he would                                                                
hold the bill over while they worked on this issue.                                                                             
                                                                                                                                
Number 532                                                                                                                      
                                                                                                                                
MS. CATHERINE REARDON, Director of the Division of Occupational                                                                 
Licencing, testified that the Department strongly supports the                                                                  
bill. She noted that the Medical Board is interested in licencing                                                               
people quickly and does not attempt to block applications                                                                       
unnecessarily. She suggested the Board may wish to consider                                                                     
misdemeanors involving recent substance abuse, and said there is a                                                              
need to consider felonies unrelated to the practice of medicine.                                                                
She mentioned there is always a right to a due process hearing,                                                                 
which checks irresponsible application of a person's history by the                                                             
Board. She stated the bill has a zero fiscal note and the                                                                       
Department supports it.                                                                                                         
                                                                                                                                
CHAIRMAN MACKIE thanked everyone for their testimony and said they                                                              
would hold SB 71 and adjourned the meeting at 2:28 p.m.                                                                         

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