Legislature(2011 - 2012)BELTZ 105 (TSBldg)

04/10/2012 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 166 LABORATORY SCIENCE PROFESSIONAL LICENSING TELECONFERENCED
Heard & Held
+ HB 50 ACCESS TO LICENSED PREMISES TELECONFERENCED
Moved CSHB 50(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 252 SMALL BUSINESS INCOME TAX EXEMPTION TELECONFERENCED
Moved SCS CSHB 252(L&C) Out of Committee
+= HB 301 BOATING REGULATION: SUNSET/ENFORCEMENT TELECONFERENCED
Moved SCS CSHB 301(L&C) Out of Committee
+= SB 128 BREWERY LICENSES/PERMITS TELECONFERENCED
Moved CSSB 128(L&C) Out of Committee
        SB 166-LABORATORY SCIENCE PROFESSIONAL LICENSING                                                                    
                                                                                                                                
2:06:40 PM                                                                                                                    
CHAIR  EGAN announced  consideration  of SB  166,  [CSSB 166(  ),                                                               
labeled 27-LS1163\I was before the committee].                                                                                  
                                                                                                                                
2:07:12 PM                                                                                                                    
TOM  OBERMEYER,  staff  to  Senator Bettye  Davis,  said  SB  166                                                               
establishes a  seven-member board of clinical  laboratory science                                                               
professionals that includes one  public member, five members that                                                               
are  licensed by  the board  (a medical  laboratory scientist,  a                                                               
laboratory   technician,  a   medical  laboratory   assistant,  a                                                               
phlebotomy technician, a public health  scientist and (in the CS)                                                               
a medical laboratory director.                                                                                                  
                                                                                                                                
He  said that  SB 166  requires licensing  of medical  laboratory                                                               
science professionals  under Title 8.  Today, medicine is  a team                                                               
effort, which  requires the highest  quality and  coordination of                                                               
all   occupations  in   provider  services.   Most  health   care                                                               
professions  are licensed  in Alaska  to protect  the public  and                                                               
define the scope  of practice and training required  to engage in                                                               
them.  However,  medical  laboratory  science  professionals  and                                                               
radiologic technologists  are not licensed, yet  they perform the                                                               
majority of diagnostic testing in Alaska.                                                                                       
                                                                                                                                
MR. OBERMEYER said at least  70 percent of laboratory results are                                                               
used  for   direct  patient  care,  diagnostic,   therapeutic  or                                                               
management  decisions   and  that  inaccurate  test   results  by                                                               
unqualified medical professionals can  delay appropriate care and                                                               
lead  to inappropriate  or harmful  diagnoses or  treatments that                                                               
could result  in injury or  death. The complexity  and importance                                                               
of laboratory science in modern  medicine makes it necessary that                                                               
medical   laboratory   personnel   possess   the   qualifications                                                               
necessary to  ensure their professional competence.  That is what                                                               
SB 166 does. The CS also  has transition clauses that provide for                                                               
continuing  part-time,   full-time  and   non-resident  temporary                                                               
medical technician workers.                                                                                                     
                                                                                                                                
SENATOR PASKVAN moved  to bring version CSSB 166(  ), version 27-                                                               
LS1163\I, before the committee for discussion purposes.                                                                         
                                                                                                                                
CHAIR EGAN objected for discussion purposes.                                                                                    
                                                                                                                                
MR.  OBERMEYER   explained  that   the  CS  would   increase  the                                                               
composition of  the board from  five members to seven;  the board                                                               
will   now  have   five  licensed   medical  laboratory   science                                                               
professionals,  the medical  laboratory director  and one  public                                                               
member. Their scope of  practice is set out on pages  3 and 4. He                                                               
explained  that  version  I  of  SB  166  increases  the  initial                                                               
staggered  terms for  three members  who will  serve three  years                                                               
instead of two  (the previous M version provided  for two members                                                               
who will serve one year). The  number of members on the board was                                                               
increased  as well  as the  terms staggered  to provide  for this                                                               
change.  The   CS  also  changes   the  definition   of  "medical                                                               
laboratory science director" to  a management director "in charge                                                               
of personnel and  the performance of laboratory tests"   (page 8,                                                               
lines 5-8).                                                                                                                     
                                                                                                                                
MR.  OBERMEYER said  the  medical  director also  need  not be  a                                                               
licensed  allopathic   physician,  which  was  required   in  the                                                               
original version  but was  changed in version  M. The  CS deletes                                                               
the  duties  of  the  board  to  establish  continuing  education                                                               
requirements, because  another section (830) of  this new chapter                                                               
already  covers competency.  The  CS  changes responsibility  for                                                               
examination and licensing from the department to the board.                                                                     
                                                                                                                                
On  page  7, lines  16-18,  under  the  list of  exemptions  from                                                               
license  requirements,  number   (8)  specifies  that  allopathic                                                               
physicians  or  osteopaths with  a  specialty  in pathology  will                                                               
assist  in  preparing  for postmortem  examinations.  Number  (9)                                                               
provides  an exemption  for a  certified cytotechnologist  with a                                                               
revised  list  of  their  duties   under  the  supervision  of  a                                                               
physician or osteopath (page 7, lines 19-20).                                                                                   
                                                                                                                                
Finally, Mr.  Obermeyer said, the CS  provides grandfathering for                                                               
currently  employed persons  under the  applicability section  to                                                               
the licensing  requirement on page  8. Grandfathering  is limited                                                               
to two  years for those  employed in the  state for three  of the                                                               
last five years who have  documented advanced education, training                                                               
and   experience  in   lieu  of   certification  by   a  national                                                               
credentialing agency (page 8, line 30 to page 9, line 7).                                                                       
                                                                                                                                
The transition section  on page 9 says licensing  is not required                                                               
for up to one year following the  effective date of the act for a                                                               
half-time worker with at least  1,040 hours of acceptable medical                                                               
laboratory testing  experience during two of  the preceding three                                                               
calendar years  and who submits  the documented  job descriptions                                                               
for  the positions  in which  he acquired  the experience  to the                                                               
board. It  also exempts  non-resident workers  from certification                                                               
or  the  licensing requirement  who  come  into  the state  on  a                                                               
temporary basis  for up to  13 weeks  in a 12-month  period. That                                                               
refers back to exemption number (6).                                                                                            
                                                                                                                                
2:14:28 PM                                                                                                                    
He noted that penalties are not  included in either versions I, B                                                               
or M, because  the boards under Title 8 already  have a number of                                                               
disciplinary powers  including revoking a license  and imposing a                                                               
civil fine not to exceed $5,000.                                                                                                
                                                                                                                                
2:15:02 PM                                                                                                                    
SENATOR MENARD asked  how many other states require  this type of                                                               
licensing and if he could share  the range of costs for licensing                                                               
in other states.                                                                                                                
                                                                                                                                
MR.  OBERMEYER  said he  had  some  of  that information  in  the                                                               
office, but  the department could better  answer those questions.                                                               
Alaska  has 600  to 900  individuals  who would  fall under  this                                                               
proposal, so it shouldn't be an expensive process for them.                                                                     
                                                                                                                                
SENATOR MENARD said  her concern was that  medical students incur                                                               
a tremendous debt  for their schooling, and even if  the fee is a                                                               
little  more than  in other  states, it  would be  just one  more                                                               
negative that  would keep someone  from coming back to  Alaska to                                                               
work.                                                                                                                           
                                                                                                                                
MR. OBERMEYER  again said  that the  department could  respond to                                                               
that, but  his understanding was  that this bill avoided  a great                                                               
number  of costs.  Because the  certifying  agencies are  outside                                                               
Alaska,  this  board  just  checks  to  make  sure  these  people                                                               
actually have  the hours and qualifications  they have submitted,                                                               
and then they are licensed or not at that point.                                                                                
                                                                                                                                
CHAIR EGAN asked  Mr. Hurlburt if he could answer  any of Senator                                                               
Menard's questions.                                                                                                             
                                                                                                                                
2:19:34 PM                                                                                                                    
WARD HURLBURT,  Director, Division  of Public  Health, Department                                                               
of Health and  Social Services (DHSS), said some  of the specific                                                               
cost questions could  be answered by the  Department of Commerce,                                                               
Community and  Economic Development  (DCCED). He  appreciated the                                                               
intent to assure  quality for laboratory testing,  but the Center                                                               
for  Medicare  and  Medicaid Services  (CMMS)  states  that  they                                                               
regulate all laboratory  testing in the country.  A hospital lab,                                                               
for  instance,  goes  through  a  certification  process  through                                                               
either  the   Joint  Commission   or  the  Council   of  American                                                               
Pathologists.  He   explained  that  CLIA   (Clinical  Laboratory                                                               
Improvement   Amendments)   mandate    standards   for   clinical                                                               
laboratories  in physicians'  offices  and  certain fairly  basic                                                               
tests can  have a CLIA waiver.  In his experience, those  are not                                                               
just  paper requirements  but real  quality  requirements. So  he                                                               
believed  that establishing  this  board could  have a  potential                                                               
adverse  impact on  small physicians'  offices, because  it might                                                               
increase costs and make recruitment harder.                                                                                     
                                                                                                                                
SENATOR  PASKVAN asked  what percentage  of currently  practicing                                                               
professionals would have to be brought up to speed in two years.                                                                
                                                                                                                                
MR.  HURLBURT  replied  that  he  didn't  have  that  information                                                               
available.  Large labs  would have  the  baccalaureate level  and                                                               
technician level  (two-year training)  technologists, as  well as                                                               
laboratory assistants.  The state lab  is run  by a PhD.  A small                                                               
physician's office  would employ people with  on-the-job training                                                               
who use waivered CLIA tests for competency.                                                                                     
                                                                                                                                
2:23:34 PM                                                                                                                    
SENATOR GIESSEL asked why  these individuals should fundamentally                                                               
be licensed.                                                                                                                    
                                                                                                                                
MR. OBERMEYER answered that it  was felt that people are supposed                                                               
to have  national standards going  through this process  and that                                                               
there  really isn't  a  great deal  of  control, particularly  in                                                               
offices that  have waiver standards  (which tends to be  the bulk                                                               
of the  testing). He wasn't  suggesting that they  weren't highly                                                               
qualified people, but  that there are no standards  for what they                                                               
are supposed to  be doing. He had asked Heidi  Amen from the DHSS                                                               
and Gloria Tomich, University of  Alaska Anchorage, to respond to                                                               
this issue  and to include the  number of the types  of associate                                                               
and bachelor degrees that are  required. The concept behind it is                                                               
competency and protection of the public.                                                                                        
                                                                                                                                
SENATOR DAVIS added that this bill  was requested by those in the                                                               
profession  and their  testimony  could shed  more  light on  the                                                               
issue.                                                                                                                          
                                                                                                                                
SENATOR  GIESSEL  said  she  would   defer  to  Senator's  Davis'                                                               
recommendation to hear from those individuals.                                                                                  
                                                                                                                                
2:26:12 PM                                                                                                                    
GLORIA TOMICH,  University of Alaska  Anchorage, said  because 70                                                               
percent of medical decisions are  based on laboratory results, an                                                               
educated  and  competent  workforce  in  laboratory  testing  was                                                               
needed.  This is  accomplished  through certification.  Licensure                                                               
under  this   bill  does  require  certification.   The  goal  of                                                               
licensure  is  to  have  more   stringent  requirements  for  the                                                               
performance  of laboratory  testing that  will reduce  laboratory                                                               
errors and increase patient safety.                                                                                             
                                                                                                                                
MS. TOMICH  said the journal  article submitted to  the committee                                                               
gives  examples of  laboratory errors,  particularly in  point of                                                               
care testing.  Noncertified testing personnel have  a higher rate                                                               
of error  than those who  are under the supervision  of certified                                                               
personnel. She said  this will not prevent  health care providers                                                               
from hiring noncertified  staff but it will  require oversight of                                                               
competency  and quality  control  by licensed  personnel who  are                                                               
certified.                                                                                                                      
                                                                                                                                
MS. TOMICH said  she believed that all  medical personnel working                                                               
in  Alaska  should  be  licensed. It  is  important  for  quality                                                               
laboratory testing,  which ultimately  results in  better patient                                                               
safety.  Currently, in  Alaska,  most  health care  professionals                                                               
except  laboratory  scientists  and  radiologic  technicians  are                                                               
licensed.                                                                                                                       
                                                                                                                                
2:28:17 PM                                                                                                                    
She   said  that   13  states   have  licensure   for  laboratory                                                               
professionals and 25 states are in the process of requiring it.                                                                 
                                                                                                                                
SENATOR GIESSEL asked why have  a board if national certification                                                               
by  a  recognized credentialing  agency  or  organization is  the                                                               
criteria by which competency is measured. It seems redundant.                                                                   
                                                                                                                                
MS. TOMICH  replied that  laboratory professionals  are certified                                                               
by the  national agency and one  of this bill's strong  points is                                                               
that  every   three  years  people   must  provide   evidence  of                                                               
continuing  education   to  maintain  their   certification.  She                                                               
explained that laboratory  world is very dynamic;  it changes all                                                               
the time  and people need  to keep  current with it.  The current                                                               
certification  requiring continuing  education  is sufficient  to                                                               
support those who are licensed.                                                                                                 
                                                                                                                                
SENATOR GIESSEL questioned  the need for a  regulating board when                                                               
Ms.  Tomich was  already saying  that this  national organization                                                               
certifies competence and continued competence,                                                                                  
                                                                                                                                
MS. TOMICH  replied that  not all laboratory  testing is  done by                                                               
certified  personnel and  a large  number of  errors are  made by                                                               
people who are not certified.                                                                                                   
                                                                                                                                
2:30:52 PM                                                                                                                    
SENATOR GIESSEL  said it's  up to the  employer to  determine the                                                               
credentials  of  the individual  they  are  employing to  perform                                                               
certain duties  and asked  in practical  application, if  she was                                                               
requiring  that all  physician offices  hire  only certified  lab                                                               
techs.                                                                                                                          
                                                                                                                                
MS. TOMICH responded  that the bill doesn't require  that all lab                                                               
techs have  certification, but it  does require  having oversight                                                               
of quality  control and competency,  and a consultant  could come                                                               
in and  do that  oversight. It's a  closer monitoring  of quality                                                               
control and  competency of the  staff that is doing  the testing.                                                               
She  clarified that  physician office  laboratories  do point  of                                                               
care testing including  CLIA waived tests, but a lot  of point of                                                               
care testing is not waived.                                                                                                     
                                                                                                                                
SENATOR GIESSEL  said the Joint  Commission on  Accreditations of                                                               
Healthcare  Organizations (JCAHO),  the  national lab  certifying                                                               
agency, and  the CMMS already  monitor physician  lab operations,                                                               
and this is  all done to verify validity, and  asked if this just                                                               
another  hoop  that adds  cost  to  the  health care  system  and                                                               
creates a board that isn't really necessary.                                                                                    
                                                                                                                                
MS. TOMICH  replied that the  Joint Commission and  CLIA regulate                                                               
and  license laboratories;  however, they  don't closely  monitor                                                               
competency,  education  and   continuing  education.  They  don't                                                               
require continuing  education, and  they believe  that continuing                                                               
education  is very  important  for  laboratory professionals.  If                                                               
someone  doesn't  know the  current  protocols,  then they  won't                                                               
perform laboratory  testing properly. Again, they  have testimony                                                               
from people  who have talked  about a lot  of errors in  point of                                                               
care testing and they are hoping  this licensure will cut down on                                                               
those errors.                                                                                                                   
                                                                                                                                
2:34:38 PM                                                                                                                    
WILLIE  RUMBO,  representing himself,  Anchorage,  said  he is  a                                                               
medical technologist and  that he opposed SB 166.  He agreed that                                                               
it  would  raise  costs  and  create  another  hoop  for  medical                                                               
professionals to  go through  just to be  able to  practice their                                                               
jobs.  CLIA does  create those  regulations already;  it requires                                                               
minimum training and education standards.                                                                                       
                                                                                                                                
The focus  seems to be  on point of  care testing, but  CLIA does                                                               
require a minimum education standard  for that. He explained that                                                               
point of  care testing not  only occurs in doctors'  offices, but                                                               
at  the  hospital  and  in emergency  rooms.  Will  they  require                                                               
certified technicians  to perform testing in  emergency rooms and                                                               
on the floors  in hospitals and say this won't  raise the cost of                                                               
medicine?  That  is  preposterous,  and they  are  assuming  that                                                               
everyone  who   performs  point   of  care  testing   is  somehow                                                               
incompetent. Twenty of  his colleagues also oppose  this. He said                                                               
the  Food and  Drug Administration  regulates them  and there  is                                                               
already enough regulation from the federal government.                                                                          
                                                                                                                                
CHAIR EGAN asked if he thought SB 166 was unnecessary.                                                                          
                                                                                                                                
MR.  RUMBO replied  it is  very unnecessary.  He reiterated  that                                                               
they are  already regulated through  the Center for  Medicare and                                                               
Medicaid Services  and by the  Food and Drug  Administration that                                                               
both require minimum education standards  for performing his job,                                                               
which includes point of care testing.                                                                                           
                                                                                                                                
SENATOR PASKVAN asked what education level he had attained.                                                                     
                                                                                                                                
MR. RUMBO replied a Bachelor's Degree in Medical Technology.                                                                    
                                                                                                                                
2:39:21 PM                                                                                                                    
DON  HABEGER, Director,  Division of  Corporations, Business  and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic Development  (DCCED), commented  that currently  the fee                                                               
on  page 5,  line  9,  is established  by  the division;  central                                                               
licensing  requires annual  review  of revenue  and expenses.  He                                                               
explained that essentially,  the formula for setting  fees has to                                                               
match approximate revenue  and expenses. If the  board is setting                                                               
those fees, it  should have a similar standard.  Otherwise it may                                                               
not cover expenses and that  would make management of the program                                                               
difficult.                                                                                                                      
                                                                                                                                
SENATOR GIESSEL  said language  on page 5,  line 5,  identifies a                                                               
three-year  licensure duration  and asked  if other  licenses are                                                               
provided by the division that endure for three years.                                                                           
                                                                                                                                
MR. HABEGER replied the he  administers 40 programs and only one,                                                               
the geologist,  has a  lifetime license; all  others have  a two-                                                               
year bi-annual cycle.                                                                                                           
                                                                                                                                
2:41:55 PM                                                                                                                    
SENATOR MENARD asked if the department had a position on this.                                                                  
                                                                                                                                
MR. HABEGER replied no.                                                                                                         
                                                                                                                                
MR. OBERMEYER said he could  see how raising standards could cost                                                               
more, but if  some of the results are  not adequately understood,                                                               
then the public is at risk.                                                                                                     
                                                                                                                                
CHAIR EGAN  thanked them and said  he would hold this  bill until                                                               
the  next  meeting.  He  asked  Hilary  Martin  if  she  had  any                                                               
clarifications and found she did not have any comment.                                                                          
                                                                                                                                
[CHAIR EGAN held SB 166 in committee.]                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
SB 166 email supporting, Bacom 040712.PDF SL&C 4/10/2012 1:30:00 PM
SB 166
SB 166 CS blank ver I.pdf SL&C 4/10/2012 1:30:00 PM
SB 166
SB 166 Compare version B to version I.pdf SL&C 4/10/2012 1:30:00 PM
SB 166
HB 252 Amendment D.2.PDF SL&C 4/10/2012 1:30:00 PM
HB 252