Legislature(2001 - 2002)

03/21/2002 01:37 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
             SB 321-REVISION OF VETERINARY STATUTES                                                                         
                                                                                                                                
CHAIRMAN STEVENS announced SB 321 to be up for consideration.                                                                   
                                                                                                                                
SENATOR WILKEN, sponsor  of SB 321, said it is an  act relating to                                                              
the Board of  Veterinary Examiners and the practice  of veterinary                                                              
medicine. He said there are 22 changes in the bill.                                                                             
                                                                                                                                
     SB  321 is the  product of  considerable discussion  and                                                                   
     preparation  to  update  the statutes  relating  to  the                                                                   
     practice   of   veterinary   medicine.  The   Board   of                                                                   
     Veterinary   Examiners   has   reviewed   the   American                                                                   
     Association  of Veterinary  State  Boards (AAVSB)  model                                                                   
     veterinary practice  act and has used it as  a guide for                                                                   
     revising the state's statutes.                                                                                             
                                                                                                                                
     The purpose  of changing the statutes that  regulate the                                                                   
     practice of  veterinary medicine is to create  a statute                                                                   
     which reflects  a national perspective and  one that was                                                                   
     developed professionally by  an association which shares                                                                   
     the Board's  public protection  mission. Guided  by this                                                                   
     mission, the  proposed statute changes reflect  the most                                                                   
     current   thinking   on   professional   regulation   in                                                                   
     veterinary medicine.                                                                                                       
                                                                                                                                
     Revising   the   veterinary   practice   statutes   will                                                                   
     facilitate    standardization    of   terminology    and                                                                   
     regulation   among   states.   Such   developments   are                                                                   
     advantageous  by  clarifying   the  role  of  veterinary                                                                   
     medical  regulatory  boards  while  creating  valid  and                                                                   
     accurate expectations  for veterinary medical  services.                                                                   
     the proposed revision would  also facilitate mobility of                                                                   
     veterinarians from jurisdiction  to jurisdiction through                                                                   
     the  licensing   process,  providing  the   public  with                                                                   
     greater  access to  qualified  veterinarians to  perform                                                                   
     important services.                                                                                                        
                                                                                                                                
     With the  availability of electronic medical  advice and                                                                   
     the advances  made in the field of veterinary  medicine,                                                                   
     the  Board  of  Veterinary Examiners  needs  to  have  a                                                                   
     concise and  thorough statute to insure the  citizens of                                                                   
     Alaska  have  qualified  professionals   accessible  for                                                                   
     their veterinary needs.                                                                                                    
                                                                                                                                
SENATOR TORGERSON asked if they were getting into a turf war.                                                                   
                                                                                                                                
SENATOR WILKEN  replied, "I believe  there needs to be  a revision                                                              
of the veterinary  statutes to make them more current  and if that                                                              
involves a turf war, that's why we have the committee process."                                                                 
                                                                                                                                
MS. HEATHER  PETERSON, small business  owner, strongly  opposed SB
321 as written. She is in the animal  husbandry industry, boarding                                                              
and training  horses and  giving riding  instruction and  would be                                                              
grossly affected with its adoption.  "The definition of veterinary                                                              
medicine as defined in SB 321 limits  owners only to possession of                                                              
their animals, but not the ability  to legally care for them. This                                                              
is unacceptable."                                                                                                               
                                                                                                                                
MS.  PETERSON  said it  would  also  limit  anyone employed  as  a                                                              
trainer or  instructor from  giving advice as  to the  physical or                                                              
mental well being  of an animal. Trainers and  instructors are the                                                              
very people  who are also providing  a foundation of  education in                                                              
all-round horse care for their clients.                                                                                         
                                                                                                                                
Large  animal veterinarians  are  in demand  in  Alaska and  small                                                              
injuries  are not  a  priority. Many  vets  give instructions  and                                                              
recommend treatment over the phone  without ever seeing an injury,                                                              
the same veterinarians who produced  SB 321, making it illegal for                                                              
her to treat  her own animal or  any other animal under  her care.                                                              
This bill  would be  a state sanctioned  monopoly and  would limit                                                              
animal owners to what veterinarians choose to offer as services.                                                                
                                                                                                                                
She said there  are many alternative medical  treatments available                                                              
that  are  illegal to  engage  in  unless  they're provided  by  a                                                              
veterinarian. Sometimes they are  not taught in veterinary schools                                                              
and  are not  available from  the veterinarians.  She pointed  out                                                              
that  she  could  use  alternative  therapy  for  herself  without                                                              
consulting a doctor, but not for her animals.                                                                                   
                                                                                                                                
     Section  09.198.990   4,  7,  (c)  limits   the  use  of                                                                   
     complimentary and alternative  veterinary procedures and                                                                   
     does   not   define   complimentary    and   alternative                                                                   
     procedures.    Any   complimentary    and    alternative                                                                   
     procedures  should in  no way be  defined as  veterinary                                                                   
     medicine. Complimentary  and alternative  procedures are                                                                   
     taking healing  arts to new levels in regards  to animal                                                                   
     well being and veterinarians  are turning a blind eye to                                                                   
     this choosing to deal with sickness  rather than opening                                                                   
     their eyes to the possibility of wellness.                                                                                 
                                                                                                                                
SENATOR LEMAN  said she delivered  a good statement and  asked her                                                              
to get it to them in writing. She agreed.                                                                                       
                                                                                                                                
MS. MERRI ANN NOEY  said she has many pure bred  animals that this                                                              
bill would  affect. She  thought there  were several places  where                                                              
the new text needed to be underlined.                                                                                           
                                                                                                                                
CHAIRMAN STEVENS asked her to go  to page 14, line 18, which would                                                              
clarify the section 21 insert.                                                                                                  
                                                                                                                                
TAPE 02-13, SIDE B                                                                                                            
                                                                                                                              
MS. NOEY  said the bill was  confusing and asked them  to withdraw                                                              
it until it could be presented in  a clearer manner so the average                                                              
person could understand it.                                                                                                     
                                                                                                                                
SENATOR WILKEN said he would have  his staff call her and walk her                                                              
through sections 21 and 22.                                                                                                     
                                                                                                                                
She said  the bill looks  like it  would allow sending  euthanasia                                                              
drugs  to  the  villages  to  be  used  by  persons  who  are  not                                                              
veterinarians.                                                                                                                  
                                                                                                                                
CHAIRMAN STEVENS  commented that  this is  the first hearing  this                                                              
bill has had and it has a long road  to go through the legislative                                                              
process and she would have several opportunities to speak on it.                                                                
                                                                                                                                
DR. THORNELL, Chairman, Board of  Veterinary Examiners, said their                                                              
purpose  in changing  some of  the statutes  was for  a couple  of                                                              
different  reasons.  One  was to  clarify  current  statutes.  The                                                              
language  in the revision  is not  much different  than what  they                                                              
have the power to do under current  language. Many of the sections                                                              
were very general and open to interpretation.  A legislative audit                                                              
suggested  that   the  bill  was   a  little  biased   toward  the                                                              
veterinarians in the state and suggested  that they stay very open                                                              
and nonbiased  in statutes. Three  years ago they looked  at their                                                              
statutes objectively  and consulted with the  American Association                                                              
of Veterinary State  Boards, the national organization  that looks                                                              
over the  public protection mission  for the whole  United States.                                                              
They helped  delineate some of the  language so it wasn't  too far                                                              
out of  line with national  standards. They  really want  to avoid                                                              
setting  barriers  to  veterinarians  applying  for  licensure  in                                                              
Alaska and  they want to  also make sure  there is enough  room in                                                              
the  statutes to  accommodate species-specific  examinations.  She                                                              
said  that  alternative   and  complimentary  medicines   are  now                                                              
recognized in veterinary schools  and taught extensively. There is                                                              
a vet  in Fairbanks who  practices and specializes  in acupuncture                                                              
and complimentary medicine.                                                                                                     
                                                                                                                                
In current  statute, you  are not allowed  to be an  acupuncturist                                                              
unless  you   are  licensed.  They   have  created   a  euthanasia                                                              
technician position in an effort  to stop HB 306, because it was a                                                              
public  protection issue.  It uses  a very dangerous  drug  and it                                                              
should be overseen  by someone who knows how to use  it. There was                                                              
a lot of criticism from outlying  villages that they need some way                                                              
to humanely euthanise unwanted pets.                                                                                            
                                                                                                                                
SENATOR LEMAN asked  why veterinarians used "licensure  by license                                                              
transfer" on  page 9, line  11 instead of  the term,   'comity' as                                                              
other professions use.                                                                                                          
                                                                                                                                
DR. THORNELL replied  at the national level it  was suggested that                                                              
they stay  with terminology  that all  veterinarians adhere  to in                                                              
each state,  which is basically  licensing by credential.  It does                                                              
not  mean that  you have  to give  up  your license  in the  other                                                              
state; it means  you can get a license in this  state through that                                                              
process.                                                                                                                        
                                                                                                                                
2:25 p.m.                                                                                                                       
                                                                                                                                
SENATOR  LEMAN asked  if that was  a standard  term in  veterinary                                                              
medicine.                                                                                                                       
                                                                                                                                
DR. THORNELL answered that is what  they are using at the national                                                              
level.                                                                                                                          
                                                                                                                                
MS. CHARLOTTE  RONIN, Executive Director, American  Association of                                                              
Veterinary  State Boards, said  when they  drafted the  model act,                                                              
they chose that term as a compromise.  It is not used universally,                                                              
however, nothing is  universal. They hope to come  to an agreement                                                              
on what that  term is. Some states use endorsement  or reciprocity                                                              
or credentialing.  The  bottom line  is that it's  a process  that                                                              
enables veterinarians  who are  licensed and  in good standing  in                                                              
one jurisdiction to  be able to transfer that license  and be also                                                              
licensed in a new jurisdiction.                                                                                                 
                                                                                                                                
She said it is critical that boards  have authority to enforce the                                                              
laws that  they have  and do  so with  enough flexibility  to make                                                              
changes. Veterinary  boards are to  protect the public  and that's                                                              
the most important  thing to keep  in mind. They are not  there to                                                              
restrict individuals.                                                                                                           
                                                                                                                                
CHAIRMAN  STEVENS   asked  if  her  organization   gave  them  the                                                              
language.                                                                                                                       
                                                                                                                                
MS. RONIN  explained that  they are  a voluntary organization  and                                                              
the  boards belong  to  their association.  "We  don't dictate  to                                                              
them; we  just provide  this as  a tool  for them  to use  if they                                                              
choose."                                                                                                                        
                                                                                                                                
CHAIRMAN  STEVENS  asked  how  many   states  recently  have  this                                                              
proposed legislation before them  or how many have adopted changes                                                              
and definitions like these.                                                                                                     
                                                                                                                                
MS. RONIN  replied that  it's slow going.  A number of  states are                                                              
working on it.                                                                                                                  
                                                                                                                                
SENATOR  LEMAN  said  on  page  12,   regarding  the  grounds  for                                                              
disciplinary  sanctions, item #6  says, "failed  to comply  with a                                                              
federal law or  regulation or fail to comply with  another state's                                                              
applicable  laws or regulations"  and asked  why would  an Alaskan                                                              
board want  to take it on  themselves to enforce the  federal laws                                                              
or the laws of another state.                                                                                                   
                                                                                                                                
MS. RONIN replied:                                                                                                              
                                                                                                                                
     Because  an Alaskan licensed  veterinarian who  may have                                                                   
     violated  either  a federal  law  or  a law  in  another                                                                   
     jurisdiction,  but many  veterinarians  are licensed  in                                                                   
     more than one  state. It would simply be a  tool for the                                                                   
     board to use in their disciplinary  process. It's not an                                                                   
     attempt to enforce the other state or the federal law.                                                                     
                                                                                                                                
She said there is  a need for specific grounds to  be listed so in                                                              
a hearing they can be supported in statute.                                                                                     
                                                                                                                                
DR. THORNELL  said the board needs  to know if someone  violated a                                                              
DEA law so they can decide if discipline is needed.                                                                             
                                                                                                                                
SENATOR LEMAN  said his concern is  that in Alaska, while  we have                                                              
great respect  for animals,  in general  we may  have a  different                                                              
attitude than another state.                                                                                                    
                                                                                                                                
DR.  THORNELL  said  they  actually had  an  instance  where  this                                                              
happened  with someone in  this state  who also  had a license  in                                                              
Illinois. When  they heard what had  happened, they would  not let                                                              
him have a license to practice in  Illinois unless he went through                                                              
continuing  education. They outlined  that and  it was  similar to                                                              
what  the   Alaska  board   already  imposed.   "For  the   public                                                              
protection, we need  to know when individuals  are doing something                                                              
that might not conform to our standards…"                                                                                       
                                                                                                                                
SENATOR AUSTERMAN asked if language  on  page 4, line 25 says that                                                              
this board will have to approve every  college that has veterinary                                                              
programs before they will accept  that college's programs or those                                                              
people graduating from that school to be licensed in Alaska.                                                                    
                                                                                                                                
DR. THORNELL  replied that  is already  something they  are doing.                                                              
They look at  schools the American Veterinary  Medical Association                                                              
has accredited. They would also look  at European schools that are                                                              
not accredited  and now  are able to  set up different  processes.                                                              
That is why they need general language in their statute.                                                                        
                                                                                                                                
SENATOR AUSTERMAN said  it appears to him that this  gives them an                                                              
arbitrary decision to accept or not accept.                                                                                     
                                                                                                                                
DR. THORNELL said  this is such a dynamic area. One  year it could                                                              
be  the AVMA  and another  year  it changes  to  AAVFD. That's  in                                                              
regulation  and it's  difficult to  have statutes  catch up.  They                                                              
hope  to put  what  they  expect in  regulation  as  far as  which                                                              
particular organization is following through on that.                                                                           
                                                                                                                                
MS. TRACIE  AUDETTE, concerned citizen  and small  business owner,                                                              
strongly opposed  SB 321. She said  that other states  are looking                                                              
at this,  but that  doesn't mean  that it has  been passed  in any                                                              
state.  To her knowledge,  in most  states the  citizenry is  very                                                              
concerned as  to how  this would affect  the animal industry.  She                                                              
didn't  know that  a board  could possibly  show the  will of  the                                                              
public. She thought there might be  the need for another board for                                                              
animal issues for  non veterinary professionals so  that they have                                                              
some sort  of say in areas  that are borderline or  absolutely not                                                              
veterinary medicine.                                                                                                            
                                                                                                                                
Regarding  section 22,  she did  not agree  that euthanisation  of                                                              
animals  should be  done  except by  the animal's  owner  or by  a                                                              
licensed veterinarian and the lethal  drugs should be stored under                                                              
strict security.                                                                                                                
                                                                                                                                
The farrier exemption, number seven,  needs a lot of work and this                                                              
is another example of a non-medical  professional board that needs                                                              
to be developed  for Alaska. Farriers have an  exemption with this                                                              
state. Anyone who can buy tools and  business cards can be a horse                                                              
shoer, which involves cutting with  a knife, rasping and trimming,                                                              
after  which nails  are driven  in by  hammer to  the wall of  the                                                              
hoof. This procedure if done improperly  can permanently disable a                                                              
horse.  The   Veterinary  Board   allows  them  to   work  totally                                                              
unsupervised and  with no certification, understudy  or completion                                                              
of course work required.                                                                                                        
                                                                                                                                
     There  is no  requirement for  proof  of insurance.  The                                                                   
     Farriers   Association  at   the   national  level   has                                                                   
     certification  programs within  their  industry, but  in                                                                   
     Alaska,  you're a farrier  because you  say you are  and                                                                   
     the  Veterinary Board  agrees. If this  exemption is  to                                                                   
     remain  in   place,  then  all  complimentary   holistic                                                                   
     therapists   and  all   blue   collar  animal   industry                                                                   
     entrepreneurs  should   enjoy  the  same  right   to  do                                                                   
     business. These  have much less potential for  harm than                                                                   
     does horse shoeing.                                                                                                        
                                                                                                                                
She didn't  feel the reporting  requirements, especially  in small                                                              
villages  without veterinarians,  where  if an  animal needs  help                                                              
even  in routine  things  that  the  veterinarian should  have  to                                                              
report  if a  health nurse  of someone  else helps  out. She  also                                                              
strongly objected to saying that  her religious practitioner needs                                                              
to  be reported  if  she chooses  to have  a  prayer or  religious                                                              
ceremony  done  for  her  animal.  "I  don't  think  my  spiritual                                                              
practices should constitute veterinary medicine."                                                                               
                                                                                                                                
     The   definition  in   section   1  defines   accredited                                                                   
     veterinary  schools and  what  is required  to become  a                                                                   
     veterinarian in  our state. This should also  serve as a                                                                   
     definition   of   the  Veterinary   Board's   scope   of                                                                   
     jurisdiction.   Areas   of   practice  not   taught   in                                                                   
     traditional veterinary colleges  should not be regulated                                                                   
     by the Veterinary  Board. The Board was put  in place to                                                                   
     monitor  the conduct  of veterinarians  and they  should                                                                   
     not  be allowed  to have  a  monopoly on  all the  other                                                                   
     areas of animal care.                                                                                                      
                                                                                                                                
     I don't  think that  in the  definitions, (4), lines  12                                                                   
     through 15, they're saying that  areas that diverge from                                                                   
     the  practices  taught  at veterinary  schools  will  be                                                                   
     covered by the Veterinary Board.  Simply stated, if they                                                                   
     diverge  from  what's  taught   at  veterinary  schools,                                                                   
     they're  not  veterinary  medicine.  There  again,  this                                                                   
     would be another  place where I feel a board  for animal                                                                   
     wellness or animal issues should  be set up to look into                                                                   
     some of this.                                                                                                              
                                                                                                                                
She said another  definition, 7(a), would prevent  the neighbor to                                                              
neighbor  exchange of  health and  ideas  regarding animal  health                                                              
issues and that would be unconstitutional.  "We all depend on each                                                              
other to  increase our awareness of  animal health and we  need to                                                              
look at that."                                                                                                                  
                                                                                                                                
MS. AUDETTE said  this bill doesn't at any point  acknowledge that                                                              
the animals have owners, much less  than the animals owners' right                                                              
to choose what they feel is appropriate  treatment. "The rights of                                                              
property owners should never be superceded  by the veterinarians…"                                                              
                                                                                                                                
MS.  TERESA  FIRMIN,  animal  owner,  said  she  didn't  have  any                                                              
business  interests  relating to  this  and  opposed SB  321.  She                                                              
wanted to  correct Senator Wilken's  sponsor statement as  to what                                                              
other states are doing this. This  bill reflects the theories of a                                                              
national association, but it doesn't  reflect the common interests                                                              
of the animal owner.  "It's being met with just as  much puzzle in                                                              
this state as it is in all the other ones."                                                                                     
                                                                                                                                
In regards to  the Board being formed for the  public's protection                                                              
she said that  she and her family  have been animal owners  in the                                                              
state of  Alaska for  their entire  lives and  she has never  been                                                              
able to  give public  testimony to the  Veterinary Board.  She was                                                              
raised in rural  Alaska and had to perform many  animal care tasks                                                              
herself. Many  of the things listed  in the bill make  those tasks                                                              
illegal for  her to perform  on her own  animals, let  alone other                                                              
individual's animals if they needed help.                                                                                       
                                                                                                                                
Another concern she  had was that animal husbandry  is not further                                                              
defined and is a very gray area.                                                                                                
                                                                                                                                
     According  to the American  Heritage Dictionary  "animal                                                                   
     husbandry"  is  defined as  "the  care and  breeding  of                                                                   
     domestic  animals,  such  as  cattle,  hogs,  sheep  and                                                                   
     horses….In  closing,  until I  feel assurance  that  the                                                                   
     practicing body of veterinarians  in the state of Alaska                                                                   
     qualify  for the  care of my  animals in  a manner  that                                                                   
     meets my standards  of excellence I will  oppose further                                                                   
     restrictions  of  my rights  to  find other  sources  of                                                                   
     care, such as complimentary alternative medicine.                                                                          
                                                                                                                                
MS. JAN WRENTMORE, Skagway business  owner, said she is testifying                                                              
as a pet  owner. She has a  friend in Fairbanks, Donna  Perry, who                                                              
asked her to read her testimony.                                                                                                
                                                                                                                                
SENATOR LEMAN noted  that they had already received  a copy of her                                                              
testimony.                                                                                                                      
                                                                                                                                
CHAIRMAN  STEVENS said  he thought  the intent  was for the  other                                                              
people listening on-line to hear  the letter and asked her to read                                                              
it.                                                                                                                             
                                                                                                                                
MS.  WRENTMORE said  that she  has  two miniature  donkeys, a  pot                                                              
bellied  Vietnamese  pig and  five  huskies and  has  had lots  of                                                              
creatures in the  30 years she has lived in Alaska.  She asked the                                                              
committee to look  very closely at this bill and  the ramification                                                              
it has  for rural  Alaska. She lives  in a  community that  has no                                                              
vet. She will do  whatever she has to do to care  for her animals,                                                              
but often a vet is not available  and she has relied on the advise                                                              
of friends  and trainers,  saving the lives  of animals.  She read                                                              
Ms. Perry's testimony as follows:                                                                                               
                                                                                                                                
     My  name is  Donna Perry.  I  am the  owner of  Northern                                                                   
     Quest  Kennel, which  I established  in 1989. My  family                                                                   
     and I  live at  300 Front Street,  Fairbanks, Alaska.  I                                                                   
     have  a self-financed  project to  keep the  aboriginal,                                                                   
     sub-arctic,  northern breed  husky, commonly called  the                                                                   
     Mackenzie  River  Husky from  extinction.  I  personally                                                                   
     have four of these huskies as  pets who live with me. My                                                                   
     "kennel" is  the over 300  huskies I have  produced from                                                                   
     my breeding  program who belong  to and live  with other                                                                   
     families.  My project  works from  the cooperation  both                                                                   
     verbally  and  contractually  between these  people  and                                                                   
     myself.  I personally  breed,  birth,  place and  follow                                                                   
     each  of these  dogs for life.  My huskies  come with  a                                                                   
     lifetime   warranty.  This   project   takes  my   total                                                                   
     dedication,  commitment  and devotion  both  emotionally                                                                   
     and financially.                                                                                                           
                                                                                                                                
     If  passed,  the  way I  organize  and  facilitate  this                                                                   
     project  would place me  in violation  of the law.  This                                                                   
     law says  I cannot  use the skills  I have learned  from                                                                   
     over 25 years  of owning this type of dog  to help teach                                                                   
     other  people how  to be  the  best owner  they can  be.                                                                   
     Under this bill, I don't know  if I can morally continue                                                                   
     my  project if  I'm not allowed  to give  my dogs  their                                                                   
     best chance of  success in this modern world.  They come                                                                   
     from a  different century. This  law thwarts  my ability                                                                   
     to pass on  the knowledge and care needed  for this rare                                                                   
     aboriginal  breed  that helped  settle  the interior  of                                                                   
     Alaska. Under SB 321, Charly  Boyd and John Schultz (God                                                                   
     rest their  souls), who taught  me how to  handle, feed,                                                                   
     care  for  and practice  "veterinarian  medicine"  would                                                                   
     have been  in violation of the  law when they  passed on                                                                   
     to me traditional dog handling care and treatment.                                                                         
                                                                                                                                
     Here  are some specifics  of my  intended violations  if                                                                   
     this  bill  is passed.  Last  month  I  bred one  of  my                                                                   
     bloodline huskies  who I do not "own." I  have illegally                                                                   
     diagnosed  her pregnancy  by a  physical examination.  I                                                                   
     have  advised  her  owners  of  the  due  date,  feeding                                                                   
     supplements,  behavioral changes  that take  place as  a                                                                   
     result of her pregnancy, requested  and scheduled x-rays                                                                   
     that I  will attend before the  due date so we  know how                                                                   
     many  pups to  expect. I  will further  violate the  law                                                                   
     when  I  advise  her  people  to  take  her  temperature                                                                   
     rectally so  I have the early  warning of 12 -  24 hours                                                                   
     before  she  goes  into whelp.  I  will  then  illegally                                                                   
     deliver  the  pups, use  my  knowledge that  comes  from                                                                   
     delivering  over  30 litters  without  ever loosing  the                                                                   
     mother dog. In  doing so I will probably  illegally save                                                                   
     a pup  with fluid in its  lungs or euthanasia a  pup who                                                                   
     has been crushed  in the birth canal rather  than let it                                                                   
     slowly die  while the mother circles around  stepping on                                                                   
     and possibly  damaging other puppies as she  nuzzles the                                                                   
     puppy  and tries  to  comfort his  death  cries. If  the                                                                   
     mother dog gets in trouble that  I cannot help her with,                                                                   
     I will keep her and the pups  warm and as comfortable as                                                                   
     possible until we can get her to a clinic.                                                                                 
                                                                                                                                
     I  will  further  violate the  law  when  the  potential                                                                   
     owners  sign  my contract.  "Condition  of  Sale:  Donna                                                                   
     Perry, retains  the right to  remove her bloodline  dogs                                                                   
     from  any   home  or  situation  that   jeopardizes  the                                                                   
     emotional and/or physical well-being  of the dog." Since                                                                   
     I'm the  one who makes this  judgment, I would  be again                                                                   
     practicing  veterinary medicine  without  a license.  My                                                                   
     puppy  instruction page  is full  of veterinary  advise,                                                                   
     the   type  of   food   to  feed,   vaccine   schedules,                                                                   
     supplements  to  reduce  risk  of  panosteitis  (growing                                                                   
     Pains) and  to promote overall  well-being for  the life                                                                   
     of the dog.  This includes instructions on  dental care.                                                                   
     I  instruct  the  new  owners to  contact  me  with  any                                                                   
     health,  behavior or  psychological problems,  questions                                                                   
     or concerns.                                                                                                               
                                                                                                                                
     I  have a  paying job,  which  helps to  support my  dog                                                                   
     obsession  so I  could not  be  available for  testimony                                                                   
     today. My  friend, Jan  Wrentmore, graciously agreed  to                                                                   
     read my statement.  She is familiar with  my project and                                                                   
     might be  able to  answer questions you  may have  on my                                                                   
     behalf.                                                                                                                    
                                                                                                                                
     Please do not pass this bad  bill that will not allow me                                                                   
     to take  care of  the animals I  have brought into  this                                                                   
     world. I will  have to stop my husky project  if I'm not                                                                   
     allowed to keep  my huskies safe. I cannot  morally turn                                                                   
     my back on them. Thank you for listening.                                                                                  
                                                                                                                                
SENTOR   AUSTERMAN  asked   about   page  7,   lines   14  -   19,                                                              
administration  of the  examination, which  talks about the  board                                                              
making contract and determining authority  to determine what score                                                              
is  passed on  a national  exam.  Normally,  when you  think of  a                                                              
national exam, they  set up a criteria for failure  or passing. If                                                              
he  reads  this  correctly,  this  board  is  going  to  have  the                                                              
discretion of changing that standard.                                                                                           
                                                                                                                                
DR. THORNELL  replied  that right  now they have  their own  state                                                              
jurisprudence exam and  they need to be able to  determine what is                                                              
a passing  or failing grade  on that  test. The national  level is                                                              
the little  bit of leniency  that they  suggest for boards  across                                                              
the United States. Some elect 70 percentile; some elect 75, etc.                                                                
                                                                                                                                
MS. RONIN  said the language  is a state's  right issue -  that no                                                              
one is  dictating to the  state of Alaska  what the  passing score                                                              
will  be. Currently,  all  of the  states  have  adopted the  same                                                              
passing  score  on the  national  examination,  which  facilitates                                                              
mobility. "It's all the same score."                                                                                            
                                                                                                                                
CHAIRMAN STEVENS  said they needed  further clarification  of that                                                              
statement.                                                                                                                      
                                                                                                                                
MS. RONIN said the National examination  has a criteria based on a                                                              
passing score  of 425 agreed to in  1992. There is a  formula that                                                              
is used when  transferring the score  that can make 425  equal 70,                                                              
because some state  laws say it has to be 70 or  they just like to                                                              
call it that.                                                                                                                   
                                                                                                                                
CHAIRMAN STEVENS said it sounds like  it's a percentile mechanism.                                                              
                                                                                                                                
MS. RONIN said it is called a "criterion reference."                                                                            
                                                                                                                                
SENATOR AUSTERMAN  asked if  a national exam  that's taken  in New                                                              
Mexico and has a score of 70  or  75 and he passes and thinks he's                                                              
coming to Alaska,  could he come  up here and find out  that score                                                              
doesn't apply.                                                                                                                  
                                                                                                                                
MS. RONIN said that score would apply.                                                                                          
                                                                                                                                
SENATOR AUSTERMAN  asked if Alaska would retain  the discretion of                                                              
not accepting that.                                                                                                             
                                                                                                                                
MS.  RONIN said  that  is  right, but  at  this point,  they  have                                                              
selected to use the same passing score as everyone else.                                                                        
                                                                                                                                
SENATOR TORGERSON  said that the legislature doesn't  normally get                                                              
into this  level of  detail. "This  is regulation  being mixed  in                                                              
with statute - way too detailed.  Somebody needs to go in and wipe                                                              
this stuff  out and get  back to a  regular bill for  Occupational                                                              
Licensing."                                                                                                                     
                                                                                                                                
MR. BILL MCDONALD, Retired U.S. Air  Force Colonel, said he is the                                                              
Governor  appointed  lay  member  of the  Alaska  State  Board  of                                                              
Veterinary  Examiners. He wanted  to express  his support  for the                                                              
bill, although not necessarily all  the detail that's in there. He                                                              
thought  that the  intent was  to standardize  and specialize  the                                                              
veterinary practice  in the state of  Alaska. It is also  meant to                                                              
facilitate a seamless  transition of bringing a  veterinarian from                                                              
the Lower 48  up to Alaska to  practice and to give the  Board the                                                              
opportunity  to make critical  judgments  on what constitutes  the                                                              
practice of veterinary medicine in the state.                                                                                   
                                                                                                                                
     Some people  think that pet  ownership and care  will be                                                                   
     completely taken away from them  in the conduct of their                                                                   
     service because of this particular  bill. As I have read                                                                   
     the  bill, I  think services  rendered for  compensation                                                                   
     that's   outside  the  realm   of  veterinary   medicine                                                                   
     practice  - that  in  the bill  will  become illegal.  A                                                                   
     personal  pet  owner's efforts  to  take care  of  their                                                                   
     animals are not so restricted as I read it.                                                                                
                                                                                                                                
     The  importance to  me about  the bill is  that [END  OF                                                                   
     TAPE]                                                                                                                      
                                                                                                                                
TAPE 02-14, SIDE A                                                                                                            
                                                                                                                                
MR. MCDONALD continued:                                                                                                         
                                                                                                                                
     …among veterinarians, themselves,  on what constitutes a                                                                   
     reasonable  and   assured  special  practice   of  their                                                                   
     medicine  without   appropriate  guidance.  We   have  a                                                                   
     variety of regulations out there.  Some of them conflict                                                                   
     each other and  this bill I think is intended  to try to                                                                   
     standardize and define what  constitutes this practice…I                                                                   
     have  seen some treatments  that have  been proposed  by                                                                   
     members who  are outside the  profession, which  are not                                                                   
     in conformance with standard  veterinary practices. They                                                                   
     may become  so one  day, but they  are not now,  i.e.: a                                                                   
     treatment  with  magnets.  These things  should  not  be                                                                   
     allowed  if they are  done for  compensation. I  believe                                                                   
     this  bill   will  help  bring  standardized   and  safe                                                                   
     veterinary medicine  practice to the state  of Alaska. I                                                                   
     personally think we need it.                                                                                               
                                                                                                                                
SENATOR TORGERSON said he agreed  with a lot of his testimony, but                                                              
he thought  the bill went too far.  "If the bill isn't  clear that                                                              
pet owners  can take care  of their pets,  then we have  failed in                                                              
writing the bill. We're going to have to make that very clear."                                                                 
                                                                                                                                
Also, people sometimes  do things to animals that  don't belong to                                                              
them, but  they do  it in the  normal course  of duties  as owning                                                              
that business. He asked if they would still be able to do that.                                                                 
                                                                                                                                
MR.  MCDONALD  replied that  he  has  had experience  with  animal                                                              
husbandry and believes that some  of those kinds of procedures are                                                              
a matter of requirement  for a person who operates  the ranch, but                                                              
it is  sometimes a  matter of necessity  to save  the life  of the                                                              
animal. This would  come in conflict with the  way the legislation                                                              
is currently  written. On the other  hand, there are people,  as a                                                              
side  business, who  are very  good  at one  particular aspect  of                                                              
caring for an animal.                                                                                                           
                                                                                                                                
     Because of their rural location,  West Texas, they would                                                                   
     go  from one ranch  to another  as a  neighbor and  they                                                                   
     would  be   compensated,  but  not  as   a  professional                                                                   
     conducting  that type  of business.  They would pay  for                                                                   
     gas or reciprocate some kind of payment.                                                                                   
                                                                                                                                
     I think the essence of what  the veterinarians are after                                                                   
     is   not  to   have   something  that   conflicts   with                                                                   
     professional  performance   of  veterinary   duties  for                                                                   
     compensation and  have that run into a problem  with the                                                                   
     local and private care of animals.                                                                                         
                                                                                                                                
SENATOR  TORGERSON said  there is  the same  situation in  Skagway                                                              
with Ms. Wrentmore where they don't have a vet.                                                                                 
                                                                                                                                
MR. MCDONALD  said he  thought they  should make  it clear  in the                                                              
legislation   that   veterinary   services   are   performed   for                                                              
compensation.                                                                                                                   
                                                                                                                                
DR.  THORNELL noted  that there  is  an exception  in statute  for                                                              
emergency procedures.                                                                                                           
                                                                                                                                
SENATOR TORGERSON  said they were  not talking about  emergencies.                                                              
"We're talking about a way of life."                                                                                            
                                                                                                                                
MS.  CATHERINE   REARDON,  Director,   Division  of   Occupational                                                              
Licensing, said her division staffs the Veterinary Board.                                                                       
                                                                                                                                
CHAIRMAN STEVENS asked regarding  the proposed definitions on page                                                              
18, specifically #7 - the practice  of veterinary medicine - there                                                              
is nothing there to suggest that  a veterinarian does anything for                                                              
compensation.                                                                                                                   
                                                                                                                                
MS. REARDON replied  that is a significant difference  between the                                                              
bill  and  current  statute, which  says  you're  only  practicing                                                              
veterinary medicine  if you do those things for  compensation. The                                                              
new definition says if you do them,  regardless of whether you get                                                              
money or not.                                                                                                                   
                                                                                                                                
CHAIRMAN STEVENS  asked if  there any  other licenses with  actual                                                              
medical treatment that don't say they do it for compensation.                                                                   
                                                                                                                                
MS. REARDON replied  that occupational licensing  statutes are all                                                              
different. "The  human medical and  nursing statutes say  that you                                                              
only need a license if you are doing it for compensation."                                                                      
                                                                                                                                
CHAIRMAN STEVENS  asked, "Why do we  need a license if  you're not                                                              
doing it for compensation?"                                                                                                     
                                                                                                                                
MS.  REARDON  said  there  are some  professions  where  it's  not                                                              
linked, like chiropractic. Usually  they say you can't assert that                                                              
you are a doctor or a nurse or receive compensation.                                                                            
                                                                                                                                
     I suppose  an argument for taking away  the compensation                                                                   
     link would  be that if we  feel that it is  dangerous to                                                                   
     humans  or  animals  or whatever  to  do  this  function                                                                   
     without having certain qualifications  or training, then                                                                   
     you  could say it's  dangerous or  harmful whether  they                                                                   
     got money  or not and we  want to stop that.  It depends                                                                   
     on what behavior you want to stop.                                                                                         
                                                                                                                                
SENATOR LEMAN  asked what was the  definition of animal.  The bill                                                              
says it's any member of the animal kingdom excluding the human.                                                                 
                                                                                                                                
MS.  REARDON replied  that it  is any  animal other  than a  human                                                              
being including  mammals, birds, fish, reptiles,  wild or domestic                                                              
living or dead. The current definition is equally broad.                                                                        
                                                                                                                                
SENATOR LEMAN  asked if  that would extend  to creatures  that are                                                              
relatively insignificant like insect and shrews.                                                                                
                                                                                                                                
MS.  REARDON  said  she thought  both  definitions  would  include                                                              
insects.  "I  imagine  people have  tarantulas,  for  example,  as                                                              
pets."                                                                                                                          
                                                                                                                                
SENATOR  AUSTERMAN said  that a  lot of  the issues  appear to  be                                                              
regulatory  rather than  statutory  and asked  the  sponsor if  he                                                              
would rethink that.                                                                                                             
                                                                                                                                
SENATOR WILKEN  responded that this  is the first hearing  and now                                                              
is the  time to  talk about  those issues  and they  need to  work                                                              
through  them in  a logical  manner.  "…This is  really the  first                                                              
step."                                                                                                                          
                                                                                                                                
SENATOR AUSTERMAN said on page 11,  section 19, it talks about the                                                              
board being able to levy a $25,000  fine as a civil penalty for an                                                              
unauthorized practice  and it appears that this makes  a judge and                                                              
jury  out of  the  board.  Then it  talks  about the  grounds  for                                                              
imposing  disciplinary action  and refers  to AS 80.01.075,  which                                                              
has a  $5,000 maximum. This  is an example  of why he is  having a                                                              
hard time with this bill.                                                                                                       
                                                                                                                                
MS.  REARDON   explained  that  the   increase  to   $25,000  says                                                              
notwithstanding the $5,000 limit in .075. Similar language went                                                                 
through for dentists and doctors last year.                                                                                     
                                                                                                                                
CHAIRMAN STEVENS encouraged people to submit questions to the                                                                   
committee so they could be addressed and adjourned the meeting at                                                               
3:35 p.m.                                                                                                                       

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