Legislature(1997 - 1998)
04/29/1997 09:40 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
29 April 1997
9:40 a.m.
TAPES
SFC-97, #132, Side 1 (000 - 591)
Side 2 (591 - 142)
CALL TO ORDER
Senator Bert Sharp, Co-chairman, convened the meeting at
approximately 9:40 a.m.
PRESENT
In addition to Co-chairman Sharp, Senators Phillips, Donley,
Parnell and Adams were present when the meeting convened.
Senators Pearce and Torgerson arrived shortly thereafter.
ALSO ATTENDING: Annette Kritzer, staff to Senator Leman;
Catherine Reardon, Director, Division of Occupational
Licensing, Department of Commerce and Economic Development;
Representative Pete Kelly; Walter Majoros, Executive
Director, Alaska Mental Health Board, Department of Health
and Social Services; Margot Knuth, Assistant Attorney
General, Department of Law; James Baldwin, Assistant
Attorney General, Civil Division, Department of Law; aides
to committee members and other legislators.
via teleconference: Ron Cowan, Division of Medical
Assistance, Department of Health and Social Services;
Dorothy Fulton, Executive Director, Alaska Nurses'
Association
SUMMARY INFORMATION
CS FOR SENATE BILL NO. 103(STA) am
"An Act relating to hearings before and fees for the
State Commission for Human Rights; and providing for an
effective date."
Co-chair Sharp convened the session. He introduced SB 103
and noted receipt of revised fiscal note from the Human
Rights Commission. Senator Parnell moved CSSB 103(STA) with
individual recommendations and accompanying fiscal note and
without objection it was reported out.
CS FOR SENATE BILL NO. 152(L&C)
"An Act relating to certified nurse aides; and
providing for an effective date."
Co-chair Sharp introduced SB 152. Annette Kritzer, staff to
Senator Leman was invited to join the committee. She
explained the sections outlined in the CS. Page 4 indicated
the grounds for denial or suspension. Section 6 defined
nurse's aide. She also explained the administrative
procedure act. Senator Adams asked why section 16 of the
original bill had been deleted and Ms. Kritzer advised that
it had been deleted at the request of the Department of
Health and Social Services. Senator Parnell asked about
sections on page 6 and 7 and Ms. Kritzer advised those were
two different sections.
Senator Phillips asked what problems had arisen in the past
that the Alaska Nurses' Association could not handle. Ms.
Kritzer said that there would be no recourse if a certified
nurse's aide committed abuse or neglect.
Mr. Ron Cowan, Division of Medical Assistance, Department of
Health and Social Services testified via teleconference from
Anchorage. He explained the abuse problems for the
committee. Senator Adams asked the department's position on
amendment #1. Mr. Cowan responded indicating there usually
would be one or two witnesses to an aide being accused of
neglect or abuse.
Senator Parnell moved amendment #1 and without objection it
was adopted.
Dorothy Fulton, Executive Director, Alaska Nurses'
Association testified via teleconference from Anchorage.
She explained the process of action taken against a
certified nurses' aide. A full investigation would be
undertaken. Senator Phillips asked when the accused could
defend themselves. Ms. Fulton explained the accused worked
with the investigator and could hire an attorney at any
time.
Catherine Reardon, Director, Division of Occupational
licensing, Department of Commerce and Economic Development
was invited to join the committee. She said the Attorney
General must approve the filing of an accusation letter. A
hearing office would be then appointed to hear the matter
and make recommendations. In response to a question by
Senator Phillips she noted there were only three suspensions
in the last two years.
Co-chair Sharp asked if there would be any increased
liability to medicaid or medicare. Ms. Kritzer advised
there would not.
Senator Donley asked the duties of certified nurses' aides
and who set the standards. Ms. Kritzer said the board of
the Nurses' Association set the standards and duties.
Senator Donley asked the difference between nurse, nurse
Physician/Practitioner and nurses' aide. Ms. Fulton
outlined the duties of each. Senator Donley asked if a
nurses' aide was allowed to draw blood. Ms. Fulton
explained that was the duty of a phlebotomist. However, a
nurses' aide could or could not be a trained phlebotomist.
She said there were no standards for training a
phlebotomist. Senator Donley voiced his concern regarding
this situation. Ms. Fulton agreed saying this had been an
on-going problem at least forty years that she knew about.
Senator Donley said he was also concerned that a new status
was being created, replacing real nurses with certified
aides. Mr. Cowan said this would fall into his licensing
category. Nurses' aides were relatively new to Alaska. At
present only certified nurses' aides could be hired and
there was no specific staff ratio. It was felt that if the
needs of patients were being met then there was no concern
for the nurse/patient ratio. The situation had been dealt
with appropriately and he specifically asked Senator Donley
or anyone else to report any misuse they may be aware of.
Ms. Reardon said there was no mandatory license law but it
was a federal requirement for nursing homes that nurses'
aides be certified.
Senator Parnell moved CSSB 152(FIN) with individual
recommendations and accompanying fiscal notes and without
objection it was reported out.
SENATE CS FOR CS FOR HOUSE BILL NO. 6(JUD)
"An Act relating to minors and amending laws relating
to the disclosure of information relating to certain
minors; and amending Rule 3(c), Alaska Delinquency
Rules."
Representative Pete Kelly, sponsor of the bill, was invited
to join the committee. He provided a brief explanation of
the bill. He referred to a chart reflecting formal and
informal handling procedures for juvenile charges. He said
it was important to try and encourage youth to work with
their family and the department to resolve the matter. The
bill would allow release of names of youth involved in
crimes for a second felony and was for the more dangerous,
repeat offenders. The provision would also allow court
proceedings to be open to the public.
In response to Senator Parnell's comments, Representative
Kelly said it was important to try and avoid a petition
being filed, which was the formal adjudication of the
petition. He went on to explain a particular Fairbanks case
in which a juvenile released on one charge later shot an
unsuspecting trooper. Juveniles should not be released at
the discretion of the department on an unsuspecting public.
He also referred to the case of teenagers breaking into a
home to steal marijuana, a scuffle ensued and one juvenile
was shot.
Senator Adams asked how this bill would protect the
innocent. Rural Alaska still believed one innocent until
proven guilty. Representative Kelly said this was
disclosure and not punishment. Protection of the public was
a top priority.
Senator Donley moved amendment #1 and without objection it
was adopted.
Co-chair Sharp advised at this point that he would continue
to take testimony but would hold the bill pending receipt of
new fiscal note.
Walter Majoros, Executive Director, Alaska Mental Health
Board, Department of Health and Social Services was invited
to join the committee. He said the board had serious
conflict with HB 6. There needs to be a sharing of
information regarding disclosure. Mental Health needed to
be present in both juvenile and adult matters. These
individuals needed to be moved from the correctional system
to the mental health system. He suggested amendments be
made that would identify mental health needs before time of
adjudication. He further suggested the amendments might be
as follows: 1. limited to the older adolescent; 2. no
disclosure until the adjudication. Senator Donley said no
other states release information or disclosure regarding
juveniles, but juveniles are tried as adults. Mr. Majoros
said he had no information regarding this matter. Senator
Parnell said there was a concern for the protection of the
public. Mr. Majoros responded that there should be a
balance for rehabilitation. Disclosure would be appropriate
at the time of adjudication. Representative Kelly said the
victim would also be protected because they have the option
of not having their name released.
Margot Knuth, Assistant Attorney General, Department of Law
was invited to join the committee. She said the main issue
was to try and avoid formal prosecution and bring the
juvenile back in to the fold.
Senator Parnell explained amendment #2, page 1, line 9 to
delete "petition" and insert "motion".
Ms. Knuth continued answering questions of the committee.
She said that use of a deadly weapon not against a person
was a property offense. She further advised that at this
time the State was not concerned about a log jam of cases.
The department appreciated the efforts of Representative
Kelly and said they concurred in the matter of public
safety.
Senator Parnell moved his amendment #2 and without objection
it was adopted.
Co-chair Sharp requested any written testimony be faxed into
the committee and requested any revised fiscal notes be
submitted. He set aside HB 6 until tomorrow.
CS FOR SENATE BILL NO. 42(STA)
"An Act relating to the fiscal operations of the Alaska
Railroad Corporation; and providing for an effective
date."
Senator Phillips moved work draft CSSB 42 (O-LS0182\K,
Utermohle, 4/26/97) for working purposes. Senator Adams
objected that the title was too tight. Senator Pearce asked
if it affected the land and Senator Phillips said no.
Senator Phillips moved CSSB 42(FIN). Senator Parnell
objected and asked for a legal analysis regarding the debt
service. Senator Donley asked if time was of the essence
and if not more information would be needed.
Jim Baldwin, Assistant Attorney General, Civil Division,
Department of Law was invited to join the committee. He
said he would need at least until the end of the day to
provide a legal analysis as requested. Senator Phillips
said he would hold his motion until tomorrow.
Co-chair Sharp so ordered SB 42 held until tomorrow.
ADJOURNMENT
Co-chair Sharp adjourned the meeting until 8:00 a.m.
tomorrow.
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