Legislature(1999 - 2000)

04/04/2000 01:40 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             SB 297-BOARD OF CHIROPRACTIC EXAMINERS                                                                             
                                                                                                                                
                                                                                                                                
CHAIRMAN MACKIE announced SB 297 to be up for consideration.                                                                    
                                                                                                                                
MS. SHARON CLARK, Aide to Senator Miller, said this bill was                                                                    
introduced on behalf of the chiropractors.  She said that SB 297 is                                                             
an act relating to licensing of chiropractors.  It amends the                                                                   
licensing statute for Alaskan chiropractors.                                                                                    
                                                                                                                                
Section 1 allows for a temporary permit to practice chiropractic in                                                             
Alaska. It is for fifty days initially and may be extended by the                                                               
Board of Chiropractic Examiners.  It is subject to the same terms                                                               
and conditions of a regular license.                                                                                            
                                                                                                                                
This section also provides for a licensee who does not practice in                                                              
the State to hold an inactive license.  It also provides for a                                                                  
retired licensee.  A person holding a retired license may not                                                                   
practice chiropractic in the State.  They may apply for an active                                                               
license subject to terms and conditions set by the Board.                                                                       
                                                                                                                                
Section 2 provides new reasons why the Board of Chiropractic                                                                    
Examiners may refuse to issue a license in the State.  These                                                                    
include a conviction of a felony or other crime that would affect                                                               
the person's ability to practice competently and safely.                                                                        
Commission of crime involving the unlawful procurement, sales,                                                                  
prescription or dispensing of drugs, and attempting to practice                                                                 
after becoming unfit due to an infectious or contagious disease.                                                                
                                                                                                                                
Ms. Mary Vaele, American Physical Therapy Association, said the                                                                 
bill is fine.  They don't have any complaints with registering                                                                  
local chiropractors, but have one question on the first page on                                                                 
lines 21 - 22 and the use of the term "physiotherapy."  She                                                                     
explained that many other English speaking countries a                                                                          
physiotherapist is a physical therapist.  So they would like to                                                                 
keep that terminology out of the chiropractic legislation.                                                                      
                                                                                                                                
She said that she understands that this is an optional exam for the                                                             
chiropractors.  She doesn't think it is required for the rest of                                                                
the chiropractors in the State.                                                                                                 
                                                                                                                                
MS. CATHERINE REARDON, Director, Division of Occupational                                                                       
Licensing, explained the exams are set in regulation (under                                                                     
statute) for the regular full licenses.  Therefore, the Board has                                                               
the authority to chose the exam.  There are five parts to the                                                                   
chiropractic exam; the physical therapy exam is one of those parts.                                                             
                                                                                                                                
The current regulations on exams do require for people who passed                                                               
after a certain date..."12 AC16.037: An applicant must pass each                                                                
subject of the following parts of the examination:  the National                                                                
Board of Chiropractic Examiners and the elected physiotherapy                                                                   
examination."  Her understanding is that it is not regulation that                                                              
they are requiring that physiotherapy examination section now.  It                                                              
doesn't appear in the statute because that just says, "The Board                                                                
can adopt by regulation...."                                                                                                    
                                                                                                                                
CHAIRMAN MACKIE asked if that should be in the proposed statute or                                                              
not.                                                                                                                            
                                                                                                                                
MS. REARDON said her personal opinion was that it should appear as                                                              
it appears in the bill.                                                                                                         
                                                                                                                                
SENATOR KELLY asked what physiotherapy was.  He asked if it was                                                                 
addressed in statute.                                                                                                           
                                                                                                                                
MS. REARDON responded that it is addressed in statute in that the                                                               
definition of the practice of chiropractic in AS 08.20.900 includes                                                             
the employment of physiological therapeutic procedures preparatory                                                              
to and complimentary with the correction of the subluction.  A                                                                  
further definition defines physiological therapeutic goes on for                                                                
several paragraphs.  She said it looks like it is the pushing,                                                                  
massaging, and maneuvering of someone to result in the subluction,                                                              
which is out of alignment, being corrected.                                                                                     
                                                                                                                                
SENATOR KELLY asked Ms. Veale if she has training in this area.                                                                 
                                                                                                                                
MS. VEALE said yes and added that her definition of physical                                                                    
therapy is different from a chiropractic definition of physical                                                                 
therapy.  It's semantics, but the terminology concerns her.                                                                     
                                                                                                                                
Number 2306                                                                                                                     
                                                                                                                                
DR. LORAN MORGAN, President, Chiropractic Society, said there is                                                                
concern with the use of the word "physiotherapy."  In AS 08.20.120                                                              
the term "physiotherapy" is used by the National Board of                                                                       
Chiropractic Examiners as the name of the test.  To be synonymous                                                               
across the board, they use the same terminology so when someone                                                                 
from Washington D.C., for instance, comes to Alaska and takes the                                                               
test, they know what exact test they need to take.  It's being                                                                  
consistent with the Board of Chiropractic Examiners terminology.                                                                
                                                                                                                                
He said it is now in Alaska statutes as a National Board of                                                                     
Examiners requirement - 12AAC16.037.                                                                                            
                                                                                                                                
CHAIRMAN MACKIE asked him if he supports the bill.                                                                              
                                                                                                                                
DR. MORGAN said yes.                                                                                                            
                                                                                                                                
CHAIRMAN MACKIE asked Ms. Clark if the proposed CS in their packet                                                              
was the one that Senator Miller was offering.                                                                                   
                                                                                                                                
MS. CLARK responded that it is the CS that came about this morning                                                              
on behalf of the Department.  She said that Senator Miller has no                                                               
problem with it.                                                                                                                
                                                                                                                                
TAPE 00-13, SIDE B                                                                                                              
Number 2300                                                                                                                     
                                                                                                                                
MR. DAVE GRAY, Aide to Senate Labor and Commerce, informed the                                                                  
Committee that a letter from Catherine Reardon suggested "clean-up"                                                             
language.  There was also a letter from the Attorney General                                                                    
suggesting taking out one phrase.  The CS deals with those concerns                                                             
which seemed legitimate.                                                                                                        
                                                                                                                                
SENATOR LEMAN moved to adopt the CS version G/Lauterbach4/4. There                                                              
were no objections and it was so ordered.                                                                                       
                                                                                                                                
MS. KAREN GRAFTON, President, Alaska Physical Therapy Association,                                                              
said one of their main concerns is line 21 which says                                                                           
"physiotherapy examination."  In April 1999, the State of Alaska                                                                
Physical Therapy Board and Occupational Therapy Board resolved that                                                             
the Board declared its unanimous opinion that physical therapy and                                                              
physiotherapy were identical in meaning and that physical therapist                                                             
and physiotherapist are identical in meaning.                                                                                   
                                                                                                                                
To name an exam "physiotherapy examination" within the chiropractic                                                             
statutes opens up the door to confusion for the public.  Worldwide,                                                             
physiotherapy is physical therapy.  The United State is the only                                                                
country where they are titled physical therapists.  Austria,                                                                    
Australia, New Zealand, Germany, and Italy are all                                                                              
physiotherapists.  She asked that the word "physiotherapy" be                                                                   
removed.                                                                                                                        
                                                                                                                                
In addition, AS 18.20.120, qualifications for a license, says "to                                                               
have completed the exam by the National Board of Chiropractors".                                                                
Her concern is that the locumpentum section is different than the                                                               
permanent licensure section.  She asked that the word                                                                           
"physiotherapy" be removed from line 21.                                                                                        
                                                                                                                                
SENATOR LEMAN noted that it was line 23 on the current version.                                                                 
                                                                                                                                
SENATOR KELLY commented that they were getting caught up in                                                                     
semantics and asked if this door hadn't been open for years                                                                     
already.  Haven't we been referring the physiotherapy examinations                                                              
for several years in statute.                                                                                                   
                                                                                                                                
CHAIRMAN MACKIE responded that was what the Department tells them.                                                              
                                                                                                                                
SENATOR KELLY asked Ms. Reardon if this wasn't just a status quo.                                                               
                                                                                                                                
MS. REARDON said it wasn't.                                                                                                     
                                                                                                                                
MS. GRAFTON responded that she didn't see the word "physiotherapy                                                               
examination" in the Chiropractic Practice Act.  Currently, in her                                                               
book page 3, says "the exam from the National Board of                                                                          
Chiropractors" which she has no problem with.  She asked if the                                                                 
National Association changes the name of their exam, are they going                                                             
to have to reopen the Practice Act to retitle the exam.                                                                         
                                                                                                                                
MS. REARDON responded that was what the previous witness said about                                                             
the standard license - "the exam of the National Association in                                                                 
regulation".  So the word does not appear in statute, but it                                                                    
appears in regulations.  But sprinkled through the actual statute,                                                              
there are references to physiologic therapy.  All that they achieve                                                             
by removing this reference, is leaving the other four references to                                                             
physiological therapy that are in the core definition of what is                                                                
chiropractic.  It doesn't fully resolve the issue.                                                                              
                                                                                                                                
Also, if the committee chose to eliminate the term in this bill,                                                                
she asked that they not take out the exam, because she thought the                                                              
committee would want them to pass the exam.  She supported saying,                                                              
"the exams identified by the Board in regulations."                                                                             
                                                                                                                                
SENATOR KELLY asked how long regulations have required passing a                                                                
physiotherapy exam.                                                                                                             
                                                                                                                                
MS. REARDON replied she thought that was relatively new, but the                                                                
other references in statute have been there for years.                                                                          
                                                                                                                                
MS. GRAFTON inserted that they have no problem with physiologic                                                                 
therapeutics as written in the current  Act.  They have a problem                                                               
with the term "physiotherapy" which our State Board has stated and                                                              
resolved is the same thing as physical therapy.                                                                                 
                                                                                                                                
SENATOR LEMAN said the examination of the National Board of                                                                     
Chiropractic Examiners probably has within it as physiologic                                                                    
therapeutics.  The next section says, "...has passed to the                                                                     
satisfaction of the Board parts 1 and 2 of the examination."  He                                                                
asked whether a part of that examination deals with physiological                                                               
therapeutics and, if so, could that part of the examination be                                                                  
referenced.                                                                                                                     
                                                                                                                                
MS. REARDON explained the problem is that part is called the                                                                    
physiotherapy examination.  That is why it is capitalized on line                                                               
23.  There are five parts of the National Board.  Part 1 covers                                                                 
basic science subjects, part 2 covers clinical subjects, part 3 is                                                              
the written competency exam, part 4 is the practical exam, and the                                                              
physiotherapy exam.                                                                                                             
                                                                                                                                
SENATOR LEMAN asked if part 5 is the physiotherapy exam.                                                                        
                                                                                                                                
MS. REARDON replied the information she has does not refer to the                                                               
physiotherapy exam as a part.  Again, that is why it is capitalized                                                             
because they do not have a good name for it.                                                                                    
                                                                                                                                
SENATOR LEMAN asked what she thought of suggesting to them that                                                                 
they call it part 5.                                                                                                            
                                                                                                                                
SENATOR TIM KELLY asked who had the name first, the chiropractors                                                               
or the physical therapists.  He said he thought the chiropractors                                                               
did, and that seems to be the problem.                                                                                          
                                                                                                                                
CHAIRMAN MACKIE asked if it changes the scope of the work anyone                                                                
does.                                                                                                                           
                                                                                                                                
MS. REARDON said it does not but the very important concept that                                                                
anyone else can call him/herself a physical therapist or                                                                        
physiotherapist still holds.  This bill does not allow                                                                          
chiropractors to call themselves physiotherapists.                                                                              
                                                                                                                                
CHAIRMAN MACKIE asked if that issue was addressed a few years ago.                                                              
                                                                                                                                
MS. REARDON said she thinks that was the origin of the Alaska                                                                   
Boards of Physical Therapy and Occupational Therapy's positions but                                                             
those terms are synonymous to make sure nobody could call                                                                       
themselves a physiotherapist who was not a licensed physical                                                                    
therapist.  She pointed out that is important to the Board.                                                                     
                                                                                                                                
MS. BERNADETTE GILLET, representing the Providence Medical Center,                                                              
made the following comment. "Just speaking in terms of differences                                                              
between physiotherapy - physical therapy, that we have resolved                                                                 
that two are synonymous and, in speaking directly about that                                                                    
statement, it says the physiotherapy examination, as Karen just                                                                 
discussed, can be congruent with our language that describes about                                                              
our profession of physical therapy.  You ask who came first - the                                                               
chiropractor or the physical therapist - but PT's came up in 1926                                                               
with the term 'physical therapist'.  Chiropractic medicine started                                                              
in 1895 with the 'chiropractor.'  Those two differences split us                                                                
and it maintains that with the way that this is stated.  That's why                                                             
we prefer to have this wording struck from that line."                                                                          
                                                                                                                                
CHAIRMAN MACKIE asked the two groups if they could get together to                                                              
resolve the differences.                                                                                                        
                                                                                                                                
MS. GILLET replied yes.                                                                                                         
                                                                                                                                
SENATOR TIM KELLY asked if he was referring to the physical                                                                     
therapists and the chiropractors.                                                                                               
                                                                                                                                
CHAIRMAN MACKIE said yes.  He didn't think anyone wanted to change                                                              
the scope of what they do, but they need to have consistency in our                                                             
statutes.                                                                                                                       
                                                                                                                                
Number 2006                                                                                                                     
                                                                                                                                
MR. GEORGE SALMON, Fairbanks Physical Therapist, agreed with Ms.                                                                
Grafton's testimony that "physiotherapy" wording be deleted.  He                                                                
said there is a lot of confusion in the public about what physical                                                              
therapists and chiropractors do.  It opens the door for the public                                                              
to start thinking of chiropractors and physical therapists.  He                                                                 
thought they should call that part of the test "part 5."                                                                        
                                                                                                                                
MS. CHERYL SACKETT, Fairbanks, agreed with Mr. Salmon and the need                                                              
to remove "physiotherapy" and label the exam "part 5."                                                                          
                                                                                                                                
SENATOR LEMAN said he had additional concerns.  One on page 2,                                                                  
lines 4 - 13, the disqualification section, that they should                                                                    
consider being consistent throughout with health care providers as                                                              
they update statutes.  They have similar standards for dentistry,                                                               
but he likes the wording in this bill better.  It's a little                                                                    
shorter and has less repetition.                                                                                                
                                                                                                                                
His other concern was on page 3, line 21 where it appears to him                                                                
that by deleting "after a hearing" the Board may impose a                                                                       
disciplinary sanction on a person without having a hearing.  But in                                                             
AS 18.08.075 it says they can't do it without a hearing.  He                                                                    
thought it should be written so that the Board could refuse to                                                                  
issue a license without having to have a hearing.  He suggested,                                                                
"The Board may refuse to issue a license under this chapter, and                                                                
after a hearing, impose a disciplinary sanction..."                                                                             
                                                                                                                                
MS. REARDON responded that what Senator Leman said was fine.  It's                                                              
correct that the reason they are taking out "after a hearing" is                                                                
because they want the Board to be able to deny without having a                                                                 
hearing first.  It was their intention to comply with the                                                                       
Administrative Procedures Act which does apply to this Board's                                                                  
activities.  It requires a hearing before taking disciplinary                                                                   
action.  Senator Leman's suggestion is fine with her.                                                                           
                                                                                                                                
CHAIRMAN MACKIE asked if that was a suggestion of the Attorney                                                                  
General.                                                                                                                        
                                                                                                                                
MS. REARDON answered yes.  She added that this part of the bill is                                                              
actually what the Division finds is the most important part.  This                                                              
increases public protection because it says the Board can deny                                                                  
licenses if you have done something wrong.  As it is now, although                                                              
the title of the section includes refuse to issue a license, they                                                               
found the substance of this section would not allow them to deny                                                                
licenses for very legitimate reasons.                                                                                           
                                                                                                                                
CHAIRMAN MACKIE said without the drafter there, they couldn't                                                                   
explain the language.                                                                                                           
                                                                                                                                
MS. REARDON said probably what Senator Leman is referring to is the                                                             
summary suspension option for discipline if there is a clear and                                                                
immediate threat to public health.                                                                                              
                                                                                                                                
CHAIRMAN MACKIE asked her to have her legal people look at Senator                                                              
Leman's wording.  Ms. Reardon indicated her agreement.  He said the                                                             
only issue remaining is the physical therapist's concern with the                                                               
language.  Senator Leman suggested using the wording "part 5" and                                                               
eliminating "physiotherapy examination."  He asked for comments                                                                 
from the Department.                                                                                                            
                                                                                                                                
MS. REARDON replied that would be a wonderful solution except that                                                              
it's not called "part 5" by the National Board, so that wording                                                                 
would not actually have a meaning.                                                                                              
                                                                                                                                
SENATOR LEMAN corrected her saying that he suggested part 5 in a                                                                
note to the chairman and then put (physiotherapy examination).                                                                  
That really doesn't do much more than give a nod to the                                                                         
physiotherapist that their's is a separate entity different from                                                                
chiropractors and not confuse the public.                                                                                       
                                                                                                                                
CHAIRMAN MACKIE asked what Senator Miller's thoughts were on this.                                                              
                                                                                                                                
MS. CLARK replied he agreed with what the chiropractors want and                                                                
whatever Occupational Licensing thinks should be in statute.  He is                                                             
in agreement with the CS.                                                                                                       
                                                                                                                                
SENATOR MACKIE asked them to work together and resolve the issue                                                                
when it goes to the floor.                                                                                                      
                                                                                                                                
DR. MORGAN inserted that the Chiropractic Board has already said                                                                
that physical therapy, physiotherapy, and physiological therapeutic                                                             
are all synonymous terms.  He thought the physical therapists had                                                               
said that as well.  It is a name given by the National Board of                                                                 
Chiropractors, not of physical therapists, to fulfill that basic                                                                
requirement in the State.  If the term changes, he didn't know how                                                              
to change it on a national level.                                                                                               
                                                                                                                                
SENATOR MACKIE said there is obviously a conflict and that's why he                                                             
has asked people to get together and work it out.  Otherwise it                                                                 
will most likely remain like the sponsor has it.                                                                                
                                                                                                                                
SENATOR KELLY said he was sympathetic to the arguments of the                                                                   
physical therapists, but he thought that was irrelevant to the bill                                                             
in front of them.  They will continue to struggle through that                                                                  
until they can reach an agreement.                                                                                              
                                                                                                                                
SENATOR KELLY moved to pass CSSB 297 (L&C) with individual                                                                      
recommendations. There were no objections and it was so ordered.                                                                
                                                                                                                                
CHAIRMAN MACKIE adjourned the meeting at 2:50 p.m.                                                                              

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