Legislature(2007 - 2008)BELTZ 211

04/19/2007 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 107 NATUROPATHS TELECONFERENCED
Heard & Held
*+ SB 140 LEAVE FOR BONE MARROW DONATIONS TELECONFERENCED
Scheduled But Not Heard
Bills Previously Heard/Scheduled
Including But Not Limited to:
+= SB 102 MORTGAGE LENDING TELECONFERENCED
Heard & Held
+= HB 118 PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL TELECONFERENCED
Scheduled But Not Heard
                       SB 107-NATUROPATHS                                                                                   
                                                                                                                              
2:21:49 PM                                                                                                                    
CHAIR ELLIS announced SB 107 to be up for consideration.                                                                        
                                                                                                                                
TOM  OBERMEYER,  staff  to  Senator Davis,  sponsor  of  SB  107,                                                               
explained  the  bill  relates   to  establishing  a  Naturopathic                                                               
Advisory  Committee  and  a Naturopathic  Formulary  Council.  It                                                               
amends the  duties of the  State Medical  Board and the  Board of                                                               
Pharmacy relating  to the naturopathic  practice and  provides an                                                               
effective date.  He said the  three-member advisory  committee is                                                               
to be  comprised of three  licensed naturopaths appointed  by the                                                               
commissioner of the Department of  Commerce, Community & Economic                                                               
Development.  It  is  responsible  for  selecting  the  Formulary                                                               
Council  and  reviewing  allegations of  member  misconduct.  The                                                               
Counsel  will include  three naturopaths,  one medical  doctor or                                                               
osteopath and  one pharmacist appointed by  the respective boards                                                               
to approve certain  drugs to be prescribed by  naturopaths and to                                                               
authorized prescription endorsements to qualified naturopaths.                                                                  
                                                                                                                                
While the  State Medical Board licenses  osteopaths, podiatrists,                                                               
physician assistants, intensive care  and paramedics, and foreign                                                               
medical  graduates,  the  Department  of  Commerce,  Community  &                                                               
Economic  Development licenses  naturopathic applicants  who have                                                               
graduated from one of the  four accredited schools of naturopathy                                                               
in the  U.S. and  one of  the two  schools in  Canada. Applicants                                                               
must  also have  passed  the  Naturopathic Physician's  Licensing                                                               
Examination.                                                                                                                    
                                                                                                                                
New  naturopathic procedures  under SB  107 allow  minor surgery,                                                               
including  operative electrical  and other  methods of  repair to                                                               
superficial lacerations  and abrasion or lesions,  and removal of                                                               
foreign  bodies  in superficial  tissues.  The  bill also  allows                                                               
naturopaths  to   use  antiseptics   and  local   anesthetics  in                                                               
connection   with   allowed   procedures.   The   law   prohibits                                                               
naturopaths from performing major  surgery and spinal and general                                                               
anesthetics.                                                                                                                    
                                                                                                                                
Thirteen  states license  naturopaths  and  nine have  instituted                                                               
formulary  laws. The  states  are  Alaska, Arizona,  Connecticut,                                                               
Hawaii,  Idaho, Kansas,  Maine, Montana,  New Hampshire,  Oregon,                                                               
Utah,   Vermont  and   Washington.  Currently,   Alaska  has   40                                                               
practicing  naturopaths,  Washington  has 802,  Oregon  has  715,                                                               
Arizona has  375, Connecticut  has 210,  Vermont has  117, Hawaii                                                               
has 85, Montana has 67, New  Hampshire has 67, Maine has 27, Utah                                                               
has  18, and  Kansas has  11.  Nine states  allow naturopaths  to                                                               
prescribe  without any  M.D. supervision  or  protocol, but  they                                                               
usually are allowed to prescribe only designated drugs.                                                                         
                                                                                                                                
Arizona  has  the  broadest  formulary  in  the  nation  allowing                                                               
naturopaths  to prescribe  all but  I.V. medications,  controlled                                                               
substances except  morphine, cancer chemo-therapeutics,  and anti                                                               
psychotic  drugs.  Kansas  requires M.D.  supervision  and  Maine                                                               
requires collaboration  with a  physician for  one year  prior to                                                               
independent prescribing.                                                                                                        
                                                                                                                                
MR.   OBERMEYER  said   that   naturopathic   doctors  focus   on                                                               
preventative  care  and  in keeping  patients  healthy  and  they                                                               
usually rely much  less than M.D.s on the use  of drugs. Patients                                                               
often turn to naturopathic doctors  when traditional medicine has                                                               
failed.  One  of the  reasons  naturopaths  require formulary  or                                                               
prescribing law is to reduce  the amount of combinations of drugs                                                               
patients are taking.                                                                                                            
                                                                                                                                
2:26:37 PM                                                                                                                    
He said SB  107 is designed to reasonably expand  the services of                                                               
naturopathic doctors  only to  areas collateral  to the  needs of                                                               
their  daily  practice  without  infringing  on  the  duties  and                                                               
responsibilities  of  medical  doctors   licensed  by  the  State                                                               
Medical Board.  This type of bill  has been before the  Senate in                                                               
SB  306  in  the  last   legislature;  it  went  through  several                                                               
revisions and  the result was  a task  force that was  to address                                                               
it. The Alaska State Medical  Board indicated it didn't think the                                                               
process was complete.                                                                                                           
                                                                                                                                
2:27:08 PM                                                                                                                    
MARY MINER, N.D., said she  is currently practicing in Anchorage,                                                               
and  that  she would  address  the  educational requirements  for                                                               
naturopaths and  how they compare  to other licensed  health care                                                               
professionals in the State of Alaska.                                                                                           
                                                                                                                                
She  referenced  Appendix  E  that   compared  the  curricula  of                                                               
National College, Bastyr  University, Southwest (all naturopathic                                                               
colleges)  and  John  Hopkins,   Yale  and  Stanford.  The  basic                                                               
clinical  education is  similar across  the board,  she observed.                                                               
There  are differences  in the  allopathic  and the  naturopathic                                                               
strength in the clinical applications.  Naturopaths do a lot more                                                               
with  botanical medicine,  naturopathic philosophy,  and oriental                                                               
medicine which  are not included  in the allopathic  schools. The                                                               
total number of hours of education is similar.                                                                                  
                                                                                                                                
2:29:36 PM                                                                                                                    
She also handed out a  comparison of medical background education                                                               
of  licensed  professionals  who  are able  to  use  prescription                                                               
medications at this  time based on a UW study  from two years ago                                                               
-  including nurse  practitioners, physician  assistants, medical                                                               
doctors,  and   other  states   that  license   naturopaths.  The                                                               
prerequisites  to  get in  to  college  are fairly  similar;  the                                                               
education  once  they  are  in  school  is  also  quite  similar.                                                               
Naturopaths  have  a  different  focus  on  being  more  wellness                                                               
oriented.                                                                                                                       
                                                                                                                                
MS. MINER  said it is  within the scope  of the practice  of most                                                               
licensed  M.D.s  to  use prescription  medications,  particularly                                                               
legend   drugs,  which   are   not   controlled  substances   and                                                               
naturopaths  just want  to expand  their licensing  to fit  their                                                               
training and have it available for their patients.                                                                              
                                                                                                                                
2:31:07 PM                                                                                                                    
GARY FERGUSON, N.D.,  said he practices in  the Eastern Aleutians                                                               
and represents the Alaska  Association of Naturopathic Physicians                                                               
as  its Alaska  Native  liaison.  His primary  work  is with  the                                                               
Alaska Native  population although he works  for Eastern Aleutian                                                               
Tribes   community  health   centers.   He   serves  mainly   the                                                               
underserved  population that  has  huge  health disparities.  His                                                               
focus in  the last five years  has been in diabetes  and diabetes                                                               
management.                                                                                                                     
                                                                                                                                
One challenge to  his practice in the Aleutians is  that the nine                                                               
communities are remote  and have a limited  practitioner base. He                                                               
sometimes teams  up with nurse  practitioners and others,  but it                                                               
still is often  not enough. Medications often need  to be changed                                                               
as health  improves. Since he cannot  prescribe changes, patients                                                               
needs separate  appointments and sometimes  they get the  lost in                                                               
the shuffle.  He has been  trained in pharmacology  and pharmaco-                                                               
kinetics of drugs  and this bill would allow him  to practice the                                                               
way he was trained. He supported the bill.                                                                                      
                                                                                                                                
2:35:58 PM                                                                                                                    
EMILY  KANE,   N.D.,  said  she  graduated   from  an  accredited                                                               
naturopathic school  in 1992  and has  been practicing  in Juneau                                                               
for  nearly  15  years.  She has  had  hospital  privileges  with                                                               
Bartlett Regional  Hospital for over  a decade. So far  the ideas                                                               
of comparable education have been  presented along with expanding                                                               
of primary health  care providers, which naturopaths  are, in the                                                               
state of Alaska, which is underserved.                                                                                          
                                                                                                                                
DR. KANE said  she wanted to address consumer  safety. Appendix K                                                               
covered states  and disciplinary  actions. In  the years  2000 to                                                               
2003  in various  states there  were twice  as many  disciplinary                                                               
actions  for  medical doctors  as  for  naturopaths. However,  in                                                               
those years  Arizona naturopaths had access  to prescription drug                                                               
writing.  However, she  noted that  it's  feasible that  Alaska's                                                               
zero  disciplinary  actions for  the  years  surveyed relates  to                                                               
naturopaths  not having  access to  prescription medication.  She                                                               
argued that  prescription drugs  have a  much higher  side effect                                                               
profile, which  is why  N.D.s get this  training. She  also noted                                                               
that one of the aspects  of the bill insures continuing education                                                               
and staying  abreast of pharmaceutical  practices. Dr.  Kane said                                                               
naturopaths  want to  provide the  best care  for their  patients                                                               
within the scope of their practice.                                                                                             
                                                                                                                                
SENATOR STEVENS  asked if the disciplinary  actions she mentioned                                                               
were for prescription misuse.                                                                                                   
                                                                                                                                
DR.  KANE  replied no;  they  covered  any kind  of  disciplinary                                                               
action that  would have been  registered through the  Division of                                                               
Occupational Licensing.                                                                                                         
                                                                                                                                
CHAIR ELLIS said the bill was  referred to the Labor and Commerce                                                               
Committee  because  of scope  of  practice  issues and  workforce                                                               
development. He said the Alaska  Medical Association opposed this                                                               
bill saying the  legislature should spend its  time expanding the                                                               
WWAMI  slots  and  training  programs   because  many  M.D.s  are                                                               
retiring. However,  the legislature  has doubled the  WWAMI slots                                                               
this year  and he  supposed Dr.  Kane would  argue that  N.D.s do                                                               
fill that  need every day  in our state and  they are a  class of                                                               
medical providers that could expand as  well. He asked her if she                                                               
could comment on that point.                                                                                                    
                                                                                                                                
2:42:08 PM                                                                                                                    
DR. KANE responded  that it's fantastic that  the legislature has                                                               
expanded the  WWAMI slots. She said  she and Dr. Miner  have been                                                               
practicing as family doctors for  over 20 years. They are already                                                               
established in  their communities and practicing  as primary care                                                               
family doctors.  She has 4,000  charts. She would be  more useful                                                               
to  her large  patient base  immediately. The  new WWAMI  doctors                                                               
will be needed, but it's not an either/or situation.                                                                            
                                                                                                                                
2:42:55 PM                                                                                                                    
SENATOR  STEVENS   said  he  understood  Dr.   Ferguson's  remote                                                               
argument, but  that's not the case  here in Juneau where  lots of                                                               
people can prescribe medications. He  asked what is the rationale                                                               
is for providing her that opportunity in town.                                                                                  
                                                                                                                                
DR. KANE replied  that she makes referrals  frequently saying she                                                               
is  "well-embedded"  in  the  medical  community  here.  However,                                                               
sometimes it  takes a long time  to get in and  the patient needs                                                               
the antibiotic immediately. Or they are  just not going to go the                                                               
medical doctor. It's  a freedom of choice in health  care issue -                                                               
in part.  There are plenty  of medical  doctors here, but  on the                                                               
whole  Alaskans are  underserved and  naturopaths are  submitting                                                               
they  are  trained  and   available,  established  and  providing                                                               
patient  care already,  and  that they  have  more training  than                                                               
nurse practitioners  who already  have prescriptive  rights. This                                                               
would  bring Alaska  in line  with all  the other  western states                                                               
that  license  naturopaths  and provide  prescriptive  rights  to                                                               
them.                                                                                                                           
                                                                                                                                
2:44:45 PM                                                                                                                    
SCOTT LOOPER,  N.D., Fairbanks,  supported SB  107 and  wanted to                                                               
add  that  the main  reason  naturopaths  are  doing this  is  to                                                               
provide  the  best  quality  care to  their  patients  they  can.                                                               
Sometimes  it is  in the  patient's best  interest to  receive an                                                               
antibiotic, a diuretic  or something like that. The  fact is that                                                               
naturopathic  physicians are  trained  to  prescribe when  needed                                                               
within  the context  of the  practice  of naturopathic  medicine.                                                               
They  want  to provide  quality  care  with  the tools  they  are                                                               
trained to use.                                                                                                                 
                                                                                                                                
2:46:40 PM                                                                                                                    
DR. LOOPER  described how the  right to prescribe is  earned. You                                                               
attend  classes   where  you  learn   how  to   use  prescription                                                               
medications, then you  move on to a clinic  situation where under                                                               
the  supervision of  practicing  licensed  doctors, you  practice                                                               
using them.  After that, you take  a national board exam;  if you                                                               
pass that exam, you earn the right to get licensed.                                                                             
                                                                                                                                
In Alaska, they do every step  of that process with the exception                                                               
of the licensing piece. It  is often inconvenient for patients to                                                               
go to  another doctor when  their naturopathic doctor  is trained                                                               
in the use  of those medications. It's also  more expensive, more                                                               
difficult  and time  consuming. He  has a  license in  Oregon and                                                               
Arizona  and  is  used  to  being able  to  use  these  tools  on                                                               
occasion.                                                                                                                       
                                                                                                                                
2:48:16 PM                                                                                                                    
CHAIR  ELLIS  asked if  the  lack  of prescriptive  powers  keeps                                                               
naturopaths from locating to Alaska.                                                                                            
                                                                                                                                
DR. LOOPER replied that he didn't  know. He said the fact is that                                                               
naturopathic doctors don't prescribe much.  When he had the right                                                               
to prescribe in  Oregon and Arizona, he only wrote  a script once                                                               
a week  or two and  most times he would  be taking people  off of                                                               
things. Not having prescriptive  rights doesn't limit his ability                                                               
to  help people,  but it  creates a  certain frustration  knowing                                                               
that you're going to be moving to  a state that you can't do some                                                               
basic  things,  like  writing for  thyroid  hormone  replacement,                                                               
which is  a normal  thing to  do in  someone whose  thyroid isn't                                                               
working right.                                                                                                                  
                                                                                                                                
2:49:11 PM                                                                                                                    
PATRICIA  ANDERSON,  Anchorage  resident,  said she  had  been  a                                                               
patient of an  N.D. there and has been for  over seven years. She                                                               
related how  she is on  her third bout  of breast cancer  and how                                                               
her naturopathic  doctor worked with  her oncologist to  make her                                                               
chemotherapy  less  uncomfortable  for her.  Her  naturopath  has                                                               
extensive experience  with cancer  care. After she  finished with                                                               
chemotherapy, she  ended up on a  bone loss type medicine  and he                                                               
has helped  her get the exact  right kind of calcium  to keep the                                                               
bone loss  minimal. She also  recognizes her  naturopathic doctor                                                               
as her  primary physician. She  supported SB 107 even  though she                                                               
has no need of regular prescriptions.  She wanted to know that he                                                               
would be able to give them to her if she needed them.                                                                           
                                                                                                                                
2:51:26 PM                                                                                                                    
RICK  URION, Director,  Division  of  Corporations, Business  and                                                               
Professional  Licensing,  Department  of  Commerce,  Community  &                                                               
Economic Development  (DCCED), disclosed that in  a previous life                                                               
he lobbied for the State  Medical Society and was instrumental in                                                               
writing the  first law allowing  for licensing of  naturopaths in                                                               
the State  of Alaska. Today  he represents the  administration on                                                               
this  issue and  has a  neutral  position on  it, but  he had  an                                                               
opinion on the two committees the bill forms.                                                                                   
                                                                                                                                
MR. URION said  it appears that the advisory  committee is really                                                               
a board, but  it is being formed without being  called a board. A                                                               
committee  is  appointed by  the  commissioner  of DCCED  and  he                                                               
thought they  might want to change  that as well as  add a member                                                               
of  the public  - as  other boards  have. The  advisory committee                                                               
talks  about  disciplinary actions  and  that's  what boards  do.                                                               
Also,  the Formulary  Counsel consists  of three  members in  the                                                               
bill, but it  should consist of five members, three  of which are                                                               
naturopaths and one physician. He  also pointed out that existing                                                               
law  makes   it  illegal  for  naturopaths   to  call  themselves                                                               
physicians.                                                                                                                     
                                                                                                                                
CHAIR  ELLIS  asked  if  he was  suggesting  that  the  committee                                                               
consider making  the language more  conventional to  comport with                                                               
the way boards are set up for other professions.                                                                                
                                                                                                                                
MR. URION replied  yes. It appears that they are  forming a board                                                               
whether or  not they are  calling it  that. All the  other boards                                                               
consist of members of the profession  and a member of the public.                                                               
The governor does the appointing,  not the associations. They can                                                               
make recommendations.                                                                                                           
                                                                                                                                
2:54:50 PM                                                                                                                    
CHAIR ELLIS  asked Mr. Obermeyer  if there  is a reason  the bill                                                               
was drafted differently than all the other boards.                                                                              
                                                                                                                                
MR. OBERMEYER answered  there was an initial  question of whether                                                               
this type  of practice  would be  regulated by  the DCCED  or the                                                               
State Medical  Board. Basically,  the naturopaths felt  they were                                                               
criticized harshly  in the  last legislature  and they  wanted to                                                               
have some type  of control. Documentation indicates  that even in                                                               
California that the  few physicians willing and  trained for N.D.                                                               
supervision have  difficulty getting malpractice  coverage. There                                                               
are many  issues and he  didn't have the answers  for everything.                                                               
He said the 40 naturopaths in Alaska  are looking for a way to be                                                               
recognized  in  their profession  and  expand  their practice  to                                                               
minor  procedures and  to  have an  opportunity  to be  regulated                                                               
within  their  own group.  Presumably  they  would want  to  keep                                                               
malpractice out of their profession.                                                                                            
                                                                                                                                
CHAIR ELLIS requested  the sponsor talk with Mr.  Urion and draft                                                               
the bill with  standard operating procedure and bring  it back to                                                               
the committee next week.                                                                                                        
                                                                                                                                
2:57:53 PM                                                                                                                    
SENATOR DAVIS  said she would  do what  is necessary to  move the                                                               
bill along.                                                                                                                     
                                                                                                                                
2:58:17 PM                                                                                                                    
CHAIR  ELLIS asked  if there  was any  work product  from Senator                                                               
Seekins' Naturopathic Task Force.                                                                                               
                                                                                                                                
MR. OBERMEYER replied there were  no recommendations. He said the                                                               
State Medical  Board said it  was concerned that  naturopaths are                                                               
not as  well trained or  educated. There is no  residency program                                                               
for  instance. He  said this  group is  willing to  address those                                                               
issues  as necessary  in order  to have  some type  of regulation                                                               
that everyone agrees with.                                                                                                      
                                                                                                                                
CHAIR ELLIS said they would have another meeting as soon as                                                                     
those things could get resolved in the committee substitute for                                                                 
SB 107.                                                                                                                         

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