Legislature(2021 - 2022)BUTROVICH 205
03/12/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB65 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 65 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 12, 2021
1:38 p.m.
MEMBERS PRESENT
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Robert Myers
Senator Jesse Kiehl
Senator Lora Reinbold (via Teams)
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Commission on Judicial Conduct
Donald McClintock III - Anchorage
- CONFIRMATION ADVANCED
SENATE BILL NO. 65
"An Act relating to immunity for consulting physicians,
podiatrists, osteopaths, advanced practice registered nurses,
physician assistants, dentists, optometrists, and pharmacists."
- HEARD & HELD
PRESENTATION:
Legislative Legal Lawsuit on Governor's Appointees
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 65
SHORT TITLE: LIABILITY CONSULTING HEALTH CARE PROVIDER
SPONSOR(s): SENATOR(s) KIEHL
02/03/21 (S) READ THE FIRST TIME - REFERRALS
02/03/21 (S) HSS, JUD
02/16/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/16/21 (S) Heard & Held
02/16/21 (S) MINUTE(HSS)
02/18/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/18/21 (S) OPIOID OVERDOSE DRUGS
02/19/21 (S) HSS RPT CS 3DP 1NR NEW TITLE
02/19/21 (S) DP: WILSON, BEGICH, HUGHES
02/19/21 (S) NR: REINBOLD
03/05/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/05/21 (S) -- MEETING CANCELED --
03/08/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/08/21 (S) Heard & Held
03/08/21 (S) MINUTE(JUD)
03/12/21 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
DONALD MCCLINTOCK III, Appointee
Commission on Judicial Conduct
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
MELINDA RATHKOPF, Physician; Medical Director
Allergy, Asthma and Immunology Center of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 65.
ACTION NARRATIVE
1:38:17 PM
VICE CHAIR MIKE SHOWER called the Senate Judiciary Standing
Committee meeting to order at 1:38 p.m. Present at the call to
order were Senators Hughes, Myers, Kiehl, and Senator Reinbold
(via Teams), and Vice Chair Shower.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Commission on Judicial Conduct
1:39:25 PM
VICE CHAIR SHOWER announced consideration of Governor Appointees
to Boards and Commissions. He asked Donald McClintock III to
tell the committee about himself and why he wants to continue to
serve on the Commission on Judicial Conduct.
1:39:58 PM
DONALD MCCLINTOCK III, Appointee, Commission on Judicial
Conduct, Alaska Court System, Anchorage, Alaska, stated he is an
attorney at Ashburn and Mason, P.C. He said he has served on the
Commission on Judicial Conduct (CJC) since March 2017. He is
seeking reappointment. He originally applied to serve on the CJC
to contribute to the administration of justice in Alaska. He
offered his view that this is an important position in the
interface between the public and respect for the rule of law and
the judiciary administers it. He related he has considerable
experience in the courts working with other practitioners,
judges and clients. Before serving on the CJC, he thought he
knew a lot about the Code of Judicial Ethics. However, since
serving on the commission, he has appreciated that judges are
essentially required to retire from society to a certain degree.
He said how judges comport themselves and arrive at their
decisions needs to be reviewed and considered. Since 2017, he
has spent time learning and being mentored by other CJC members.
He said he would like to serve another term.
1:42:49 PM
VICE CHAIR SHOWER asked if he had anything in his background
such as a criminal conviction, arrest or other issues that could
be construed as a "skeleton in his closet."
MR. MCCLINTOCK said he does not have any convictions. He said
after he graduated from college, he was arrested for trespass at
a student protest to request Stanford University's Board of
Governors to divest their investments in South Africa.
VICE CHAIR SHOWER thanked him for his candor.
SENATOR REINBOLD asked if he felt comfortable commenting on SB
14.
MR. MCCLINTOCK, after clarifying SB 14 changes the appointment
process for District Court and Superior Court judges, he
responded that he has worked with one of the nonprofits, Justice
Not Politics Alaska. This organization publicly advocated
against the bill and his law office also testified. However, the
bill was amended so that the Commission on Judicial Conduct is
no longer involved in evaluating judges. He offered his view
that this change reduced the fiscal note. He supported the
change, he said.
1:46:31 PM
VICE CHAIR SHOWER asked Daniel Weatherly to tell the committee
about himself and his interest in continuing to serve on the
Alaska Police Standards Council.
[VICE CHAIR SHOWER was informed that Mr. Weatherly was not
available.]
1:47:03 PM
At ease
1:49:10 PM
VICE CHAIR SHOWER reconvened the meeting. He stated that the
committee would not hear from additional appointees because
confirmation hearings were not noticed. He apologized to the
appointee, who was online.
1:50:13 PM
VICE CHAIR SHOWER opened public testimony and, after first
determining no one wished to testify, closed public testimony on
the appointment of Donald McClintock III to the Commission on
Judicial Conduct.
1:50:33 PM
SENATOR HUGHES stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Commission on Judicial Conduct
Donald McClintock III - Anchorage
SENATOR HUGHES reminded members that signing the reports
regarding appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees; the nominations are merely forwarded to the full
legislature for confirmation or rejection.
SB 65-LIABILITY CONSULTING HEALTH CARE PROVIDER
1:51:23 PM
VICE CHAIR SHOWER announced the consideration of SENATE BILL NO.
65 "An Act relating to immunity for consulting physicians,
podiatrists, osteopaths, advanced practice registered nurses,
physician assistants, dentists, optometrists, and pharmacists."
[CSSB 65(HSS) was before the committee.]
1:51:45 PM
VICE CHAIR SHOWER stated the committee would consider
amendments.
1:52:43 PM
SENATOR KIEHL, speaking as sponsor, said at the first hearing on
SB 65 Senator Myers asked whether there was a reason to exclude
federal hospitals from the definition of a health care facility.
He said it was an unintentional exclusion, so his office
prepared an amendment to include federal hospitals in the
definition. He stated it would have a limited application in
Alaska since most medical practitioners practicing at federal
hospitals are federal employees. The federal tort law that
allows a person to sue a federal employee would preempt state
law. Still, there may be Alaska licensed health care
professionals with privileges to practice in a federal hospital,
so including federal hospitals will ensure that these hospitals
are covered under the provisions of SB 65.
1:54:20 PM
SENATOR HUGHES asked if Alaska has any Native health hospitals
and if so, whether "federal" would cover those.
SENATOR KIEHL answered that the Alaska Native Medical Center
(ANMC) in Anchorage is owned by a nonprofit covered by the
bill's private nonprofit language.
SENATOR HUGHES asked if the hospital in Bethel, which is run by
the Yukon-Kuskokwim Health Corporation (YKHC) is set up in the
same way.
SENATOR KIEHL responded that the only category that might not be
covered by private, municipal, state, or federal would be if
someone built a tribal hospital. He stated that there are not
any tribe-owned hospitals in the state to date, and he is not
aware of any proposals to build one.
SENATOR HUGHES asked if the Alaska State Hospital and Nursing
Home Association (ASHNHA) has reviewed the bill since that
organization would know if any hospitals would be excluded.
SENATOR KIEHL replied that ASHNHA had written a letter of
support.
1:56:32 PM
SENATOR MYERS moved to adopt Amendment 1, [work order 32-
LS0002\I.1]:
32-LS0002\I.1
Fisher
3/9/21
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 65(HSS)
Page 2, line 23:
Delete "or"
Following "state":
Insert ", or federal"
1:56:35 PM
VICE CHAIR SHOWER objected for discussion purposes.
1:57:03 PM
SENATOR MYERS explained Amendment 1. He directed attention to
page 2, line 23, which would add "federal" to the definition of
health care. It would read, "private, municipal, state, or
federal hospital."
1:57:45 PM
SENATOR REINBOLD, testifying via teleconference, said the Senate
Health and Social Services Standing Committee heard SB 65. She
offered her support for Amendment 1.
1:59:15 PM
VICE CHAIR SHOWER removed his objection. There being no further
objection, Amendment 1 was adopted.
1:59:47 PM
VICE CHAIR SHOWER moved to invited testimony.
2:00:24 PM
MELINDA RATHKOPF, Physician; Medical Director, Allergy, Asthma
and Immunology Center of Alaska, Anchorage, Alaska, said she is
a pediatrician. She also serves on the Board of Trustees for the
Alaska State Medical Association. She spoke in support of SB 65.
She said she is speaking as a specialist, noting that for the
first 10 of 15 years, the Allergy, Asthma, and Immunology Center
of Alaska was the only allergy immunology practice in the state
outside of the military. She related that this practice has
taken, and still takes, phone calls from other providers
throughout Alaska about their patients with allergy or
immunology needs. In the past several years, their most unique
role has been screening newborns for a severe combined immune
deficiency (SKID) defect, which can be life-threatening if not
diagnosed immediately. She said her group is on call statewide
to consult on any newborn with an abnormal screening. These
calls are for patients that the doctors in her practice may
never meet, but the doctors give their expert advice and
guidance for the care of these fragile infants. She indicated
that in these instances there is never a doctor to patient
relationship formed. However, the clinic may treat the patient
later for an in-person visit. Typically, these patients are
cared for by their primary care providers. The doctors at her
clinic are never reimbursed, she said.
2:02:38 PM
DR. RATHKOPF explained that she might get a call from a Bethel
resident on how to care for an immune issue or receive a call
from a family practice doctor in Fairbanks on a severe asthmatic
patient. Her practice receives calls from providers throughout
Alaska on how to care for patients, but the doctors often never
meet the patients. She informed members that her practice has
seven satellite clinics in Alaska, most of which require air
travel, including in Ketchikan or Valdez. This bill allows
physicians to provide advice without fear of liability for
advice given without establishing a doctor-patient relationship
or having seen the patient in person.
2:03:46 PM
VICE CHAIR SHOWER asked if Alaska needs the protection offered
by SB 65 more than other states in the Lower 48 due to Alaska's
size and limited road system and isolated communities.
DR. RATHKOPF agreed that the need is greater due to geographical
issues and since Alaska has fewer specialists, many of whom are
concentrated in Anchorage. Further, inclement weather issues may
prevent patients from coming to Anchorage.
2:05:37 PM
SENATOR HUGHES thanked her and her colleagues because of the
time spent assisting patients without receiving any financial
reimbursement. She asked if her phone consults are primarily
outside the Anchorage Bowl and if primary care physicians are
more likely to refer patients to see her in person. She surmised
that she likely takes more calls than her counterparts in other
states.
DR. RATHKOPF agreed that her practice likely takes more calls.
Someone is on call 24/7 in the state to assist patients. She
added that being physicians and providing expertise is what they
love and are passionate about. She said she could not imagine a
provider who is unwilling to take these calls. She related that
some pressure has come from malpractice carriers on the
liability insurance issue. She said it is fulfilling to help
patients, many of whom are eventually seen by her practice.
2:07:41 PM
SENATOR HUGHES said she applauded her because the initial
consults did not result in any financial gain. She said she
appreciated the passion she brings to help Alaska residents who
face some of the problems she can address.
2:07:57 PM
VICE CHAIR SHOWER asked if this is a problem in other states.
SENATOR KIEHL responded that this issue arose from a Minnesota
Supreme Court Case. A doctor provided an unpaid consultation
without forming a doctor-patient relationship or duty of care,
which led to a lawsuit. He related that this decision sent shock
waves throughout the medical community. He stated that insurers
like to limit their risk. In some instances, specialists were
advised not to take the calls. However, he offered his view that
a better approach was to ensure that those who truly do not have
a duty of care are not subject to litigation and liability. SB
65 takes this approach, he said. He mentioned that several other
states are considering legislation similar to this. He recalled
that this concept has passed in Idaho and several other states
are considering this legislation.
2:09:52 PM
SENATOR REINBOLD characterized it as a Good Samaritan law. She
said she hopes to get this bill to the Senate floor soon.
2:11:55 PM
VICE CHAIR SHOWER held SB 65 in committee.
2:12:14 PM
There being no further business to come before the committee,
Vice Chair Shower adjourned the Senate Judiciary Standing
Committee meeting at 2:12 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB65 Amendment 3.12.21.pdf |
HHSS 4/27/2021 3:00:00 PM SJUD 3/12/2021 1:30:00 PM |
SB 65 |