Legislature(2023 - 2024)BUTROVICH 205

02/02/2024 01:30 PM Senate LABOR & COMMERCE

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Audio Topic
01:35:06 PM Start
01:36:02 PM EO 127 Eliminating the Board of Massage Therapists
01:36:02 PM EO 129 Eliminating the Board of Barbers and Hairdressers
01:36:02 PM EO 130 Eliminating the Board of Certified Direct-entry Midwives
02:51:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Location Change --
+ EO 127 ELIMINATING THE BOARD OF MASSAGE TELECONFERENCED
THERAPISTS
Heard & Held
-- Invited & Public Testimony --
<Time Limit May Be Set>
EO 129 ELIMINATING THE BOARD OF BARBERS AND
HAIRDRESSERS
Heard & Held
-- Invited & Public Testimony --
<Time Limit May Be Set>
EO 130 ELIMINATING THE BOARD OF CERTIFIED
DIRECT ENTRY MIDWIVES
Heard & Held
-- Invited & Public Testimony --
<Time Limit May Be Set>
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                        February 2, 2024                                                                                        
                           1:35 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Jesse Bjorkman, Chair                                                                                                   
Senator Elvi Gray-Jackson                                                                                                       
Senator Kelly Merrick                                                                                                           
Senator Forrest Dunbar                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Click Bishop, Vice Chair                                                                                                
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
EO 127 ELIMINATING THE BOARD OF MASSAGE THERAPISTS                                                                              
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
EO 129 ELIMINATING THE BOARD OF BARBERS AND HAIRDRESSERS                                                                        
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
EO 130 ELIMINATING THE BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES                                                                 
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KRIS CURTIS, Legislative Auditor                                                                                                
Legislative Audit Division                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Explained the statement of costs for the                                                                  
boards affected by the executive orders.                                                                                        
                                                                                                                                
JILL MOTZ, Immediate Past Chair                                                                                                 
Board of Massage Therapists                                                                                                     
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified by  invitation on EO 127.                                                                       
                                                                                                                                
JENNIFER LOMBARDO, Former Chair                                                                                                 
Board of Barbers and Hairdressers                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified by  invitation on EO 127.                                                                       
                                                                                                                                
SARA CHAMBERS, Boards and Regulations Advisor                                                                                   
Department of Commerce, Community and Economic Development                                                                      
(DCCED)                                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified by invitation on EO 127, EO 129,                                                                
and EO 130.                                                                                                                     
                                                                                                                                
VOLKER HRUBY, representing self                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  opposition to EO 127.                                                                       
                                                                                                                                
DR. GLORIA BAMBERG-MERRITT, representing self                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  opposition to EO 129.                                                                       
                                                                                                                                
MICHELLE MCMULLIN, Chair                                                                                                        
Board of Barbers and Hairdressers                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  opposition to EO 129.                                                                       
                                                                                                                                
MICHELLE BIBBS, representing self                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  opposition to EO 129.                                                                       
                                                                                                                                
MARY YANAGAWA, representing self                                                                                                
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
RACHEL PUGH, Midwives Association of Alaska                                                                                     
Eagle River, Alaska                                                                                                             
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
ANDREA STIERS, member                                                                                                           
Midwives Association of Alaska                                                                                                  
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
DOMINIKA BUCK, member                                                                                                           
Midwives Association of Alaska                                                                                                  
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
BETHANY KIRILLOV, representing self                                                                                             
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
JENNIFER CAVE, representing self                                                                                                
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
SHIRA BENSON, representing self                                                                                                 
Kenai LIO, Alaska                                                                                                               
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
FELICITY SMITH, member                                                                                                          
Midwives Association of Alaska                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
ONICA SPROKKREEFF, President                                                                                                    
Midwives Association of Alaska                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
MICHELLE BIBBS, representing self                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
HILARY NICHOLS, Midwives Association of Alaska                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in  opposition to EO 130.                                                                       
                                                                                                                                
ED MARTIN, representing self                                                                                                    
Kenai, Alaska                                                                                                                   
POSITION STATEMENT: Testified in support of EO 127, EO 129, and                                                               
EO 130.                                                                                                                         
                                                                                                                                
MAE CANADY, representing self                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified with  concerns on EO 129.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:35:06 PM                                                                                                                    
CHAIR JESSE BJORKMAN called the Senate Labor and Commerce                                                                     
Standing Committee meeting to order at 1:35 p.m. Present at the                                                                 
call to  order were  Senators Dunbar,  Gray-Jackson, Merrick,  and                                                              
Chair Bjorkman.                                                                                                                 
                                                                                                                                
^EO 127 ELIMINATING THE BOARD OF MASSAGE THERAPISTS                                                                             
       EO 127 ELIMINATING THE BOARD OF MASSAGE THERAPISTS                                                                   
1:36:02 PM                                                                                                                  
^EO 129 ELIMINATING THE BOARD OF BARBERS AND HAIRDRESSERS                                                                       
    EO 129 ELIMINATING THE BOARD OF BARBERS AND HAIRDRESSERS                                                                
1:36:02 PM                                                                                                                  
^EO 130 ELIMINATING THE BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES                                                                
EO 130 ELIMINATING THE BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES                                                             
                                                                                                                                
1:36:02 PM                                                                                                                  
CHAIR  BJORKMAN announced  the  consideration  of Executive  Order                                                              
(EO)  127 Eliminating  the  Board of  Massage  Therapists, EO  129                                                              
Eliminating  the Board  of Barbers  and Hairdressers,  and EO  130                                                              
Eliminating the Board of Certified Direct-Entry Midwives.                                                                       
                                                                                                                                
1:37:31 PM                                                                                                                    
CHAIR  BJORKMAN   noted  that   the  committee  received   several                                                              
documents,  including a statement  of costs,  from the  Department                                                              
of Commerce  (DOC). He  asked Legislative  Auditor Kris  Curtis if                                                              
she had seen these documents.                                                                                                   
                                                                                                                                
1:37:52 PM                                                                                                                    
KRIS  CURTIS,  Legislative Auditor,  Legislative  Audit  Division,                                                              
Alaska State Legislature, Juneau, Alaska, replied yes.                                                                          
                                                                                                                                
1:38:06 PM                                                                                                                    
CHAIR BJORKMAN  asked Ms. Curtis  to characterize  the information                                                              
received from  the department  and to share  her opinion  of these                                                              
documents.                                                                                                                      
                                                                                                                                
1:38:20 PM                                                                                                                    
MS. CURTIS offered  her understanding that the  statement of costs                                                              
is the department's  estimate of the increase in  costs that would                                                              
result from the  elimination of each board. The  increase in costs                                                              
is related to the  Board of Massage Therapists and  includes a new                                                              
position that  would review investigations.  The other  two boards                                                              
do not  show an  increase in  costs. She  explained that  auditors                                                              
are required  to be "professionally  skeptical." She  reminded the                                                              
committee that the  department has a hard time  filling positions.                                                              
She suggested  that any  additional positions  would be  difficult                                                              
to  fill,  particularly  if  the  position  in  question  requires                                                              
unique expertise. She  added that, if she were  auditing this, she                                                              
would  consider what  support  is available  for  the increase  in                                                              
services, which  potentially means contracting out  for expertise.                                                              
She  pointed  out that  the  department  relies heavily  on  board                                                              
members for  their expertise. She  expressed skepticism  about the                                                              
$25 thousand  per year  increase, and  questioned how  this number                                                              
was determined. She commented that this number seems low.                                                                       
                                                                                                                                
CHAIR  BJORKMAN announced  the continuation  of invited  testimony                                                              
on EO 127, EO 129, EO 130.                                                                                                      
                                                                                                                                
1:41:27 PM                                                                                                                    
JILL  MOTZ, Immediate  Past Chair,  Board  of Massage  Therapists,                                                              
Wasilla,  Alaska,   testified  by   invitation  on  EO   127.  She                                                              
explained that she  served on the Board of Massage  Therapists for                                                              
approximately  7 years. When  her term  was up,  she was  asked to                                                              
stay on  to make maintaining  a quorum  easier and to  ensure that                                                              
the board was  headed by someone with historical  knowledge of the                                                              
program. She  said that she took  the position with  the knowledge                                                              
that she  had a limited  time to streamline  the program  and make                                                              
it more efficient.  She stated that, over the past  few years, the                                                              
board  has worked  to  improve  processing times,  passed  several                                                              
regulatory  projects, and  considered  ways to  move the  industry                                                              
forward.  She pointed  out  that  the board  now  has  one of  the                                                              
fastest  application   processing  times   in  the   division  and                                                              
explained  that five  board  members review  applications  several                                                              
times  per  month.  This process  ensures  that  applications  are                                                              
processed  in  a  quick,  knowledgeable,   and  safe  manner.  She                                                              
pointed out  that the board was  formed in 2015 and has  spent the                                                              
past 9 years  working diligently to establish the  regulations and                                                              
policies  currently   in  place.  Alaska   ranks  in  the   top  3                                                              
nationally for  industry earnings  and Alaskan massage  therapists                                                              
can work  directly with  insurance companies.  This has  increased                                                              
community  access   to  care,  improved  economic   stability  for                                                              
massage therapists,  and has  given massage  therapists a  seat at                                                              
the table when it comes to patient care.                                                                                        
                                                                                                                                
1:43:34 PM                                                                                                                    
MS.  MOTZ stated  that these  achievements  are a  result of  work                                                              
done by the board,  not the division. She asserted  that the board                                                              
must remain intact  if massage therapists are to  continue growing                                                              
with their  profession. She  said that, during  her tenure  on the                                                              
board,  the Division  of Corporations,  Business and  Professional                                                              
Licensing (DCBPL)  has rarely  functioned efficiently.  She stated                                                              
that while she was  on the board, the division  directed the board                                                              
to pursue projects  or regulations that were inappropriate  or out                                                              
of the  board's scope  of authority.  She said  that, despite  the                                                              
division's  missteps,  board  members   were  able  to  learn  the                                                              
process,  grow  the program,  and  make  the board  efficient  and                                                              
effective.                                                                                                                      
                                                                                                                                
1:44:30 PM                                                                                                                    
MS.  MOTZ stated  that  the board  has  never  had issues  meeting                                                              
quorum  requirements, attending  meetings,  or moving  regulations                                                              
forward.  She  pointed   out  that  the  division   has  had  nine                                                              
licensing  examiners   in  nine  years,  which  has   presented  a                                                              
challenge  for  the  board.  The board  has  also  had  difficulty                                                              
getting  the  Governor's office  to  appoint  board members  in  a                                                              
timely manner. She  stated that many therapists  applied; however,                                                              
the  positions remain  open. She  explained  that massage  therapy                                                              
services  span  a  wide  range of  forms,  from  spa  services  to                                                              
physical  rehabilitation  programs.   This  requires  hundreds  to                                                              
thousands of hours  of training on the part of  the therapist. She                                                              
shared  her  belief   that  a  few  classes  taught   to  division                                                              
employees  will never  reach the  level of  expertise provided  by                                                              
board  members. She  stated that  the division  does not have  the                                                              
staffing  necessary to  address its  many critical  infrastructure                                                              
problems; therefore,  she does not believe the  division will ever                                                              
be  more efficient  than  the board.  She  asserted that  allowing                                                              
division   employees   who   are    unable   to   solve   critical                                                              
infrastructure  problems and  who are  not qualified  to speak  to                                                              
industry  concerns is  dangerous, both  to the  profession and  to                                                              
the public.                                                                                                                     
                                                                                                                                
1:45:51 PM                                                                                                                    
MS. MOTZ said  that massage therapy  is often used as  a front for                                                              
sex  work and  human  trafficking. Board  members  have served  on                                                              
task  forces, panels,  and spent  many  volunteer hours  educating                                                              
themselves on  ways to question,  identify, and prevent  practices                                                              
that lead to human  trafficking. She shared her belief  that it is                                                              
naïve to  think that  division employees  who lack this  knowledge                                                              
will be able  to recognize subtle red flags of  human trafficking.                                                              
She added  that, during her tenure  on the board, she  has fielded                                                              
questions  from investigators  who do  not know  what falls  under                                                              
the  massage therapy  code of  ethics  or scope  of practice.  She                                                              
stated that  eliminating the  board will  impact Alaskans  in ways                                                              
that cannot  be solved  by the  staffing changes  proposed  by the                                                              
division.  She  opined  that addressing  these  concerns  requires                                                              
dedicated and  knowledgeable individuals  who are invested  in the                                                              
real-life outcomes  that the board oversees - this  cannot be done                                                              
through "streamlining"  the process. She pointed  out that neither                                                              
the  division nor  the  Governor's  office approached  the  boards                                                              
with concerns  prior to  bringing the EOs  forward. She  said that                                                              
introducing  the  EOs  is an  attempt  to  circumvent  legislative                                                              
oversight  and the  will of  lawmakers.  She stated  that, if  the                                                              
board is  turned over to the  division, it will be  more difficult                                                              
to hold  the program  and the division  accountable. She  asserted                                                              
that the  EO represents  professional regression, increased  costs                                                              
to  licensees,  reduced  oversight  of  state  government,  and  a                                                              
substantial risk to public safety.                                                                                              
                                                                                                                                
                                                                                                                                
1:48:31 PM                                                                                                                    
JENNIFER   LOMBARDO,   Former   Chair,  Board   of   Barbers   and                                                              
Hairdressers,  Anchorage, Alaska,  testified by  invitation  on EO                                                              
127. She  said that she  has been a  tattoo artist since  2007 and                                                              
was on the  Board of Barbers  and Hairdressers from 2017  to 2021,                                                              
serving as  chair for over half  of that time. She added  that she                                                              
is  both   a  second-generation   tattoo  artist  and   a  second-                                                              
generation board  member. Her father  was on the Board  of Barbers                                                              
and  Hairdressers  when  the  state  first  began  regulating  the                                                              
industry  of  tattooing  and  body-piercing.   She  expressed  her                                                              
passion for  the industry and the  health and safety  of Alaskans.                                                              
She stated that,  during her time on the board,  members showed up                                                              
to every  meeting. There were 29  total meetings -  surpassing the                                                              
requirement  of four  scheduled  meetings per  year. She  detailed                                                              
the various  board accomplishments,  including several  regulatory                                                              
updates,  the  creation  of several  new  licenses,  two  townhall                                                              
meetings,  and  successfully  navigating   the  Covid-19  pandemic                                                              
shutdowns. She  pointed out that  the board's sunset  audit report                                                              
from  2019  contained   a  positive  assessment   and  recommended                                                              
extending the board until June of 2027.                                                                                         
                                                                                                                                
1:50:12 PM                                                                                                                    
MS.  LOMBARDO explained  that the  board  worked on  a variety  of                                                              
projects   during  her   tenure;  however,   working  with   other                                                              
departments  proved  difficult  when  those  departments  did  not                                                              
follow through. This  included a project to update  the Department                                                              
of Environmental  Conservation (DEC)  regulations, which  have not                                                              
been updated  since 2002. The board  worked for several  years and                                                              
spent  countless hours  on this  project, but  the department  did                                                              
not follow  through. She expressed  concern that, if the  board is                                                              
dissolved  -  and   the  work  falls  to  the   department  -  the                                                              
department will  not be capable of  putting in the same  amount of                                                              
time and  effort, especially  considering  the changing nature  of                                                              
the  industry.   She  added  that   dissolving  the   board  would                                                              
potentially have  many unintended  consequences that  would affect                                                              
thousands  of  licensees  and  tens   of  thousands  of  community                                                              
members.  She acknowledged  that some current  board members  have                                                              
not been showing  up to meetings and recommended  appointing board                                                              
members  who are  serious  about serving.  She  shared her  belief                                                              
that the board  has been productive and successful,  has aided the                                                              
department   in   regulating   the  industries,   and   has   been                                                              
instrumental   in   keeping   licensees   safely   employed.   She                                                              
reiterated  that  eliminating  the  board  could  have  unintended                                                              
consequences and could impact the livelihood of thousands.                                                                      
                                                                                                                                
1:52:27 PM                                                                                                                    
SENATOR DUNBAR commented  that many Alaskans may  not realize that                                                              
the  Board of  Barbers and  Hairdressers  covers tattooing,  body-                                                              
piercing,  etc. He  said  that he  had heard  from  a barber  shop                                                              
owner who was  in favor of eliminating  the board due  to its lack                                                              
of responsiveness.  He asked  if Ms. Lombardo  could see  a future                                                              
where tattooing,  body piercing,  and permanent cosmetic  coloring                                                              
have a separate board.                                                                                                          
                                                                                                                                
1:53:34 PM                                                                                                                    
MS.  LOMBARDO replied  that  separating  the industries  could  be                                                              
beneficial. She  said that  she has researched  this and,  in most                                                              
states,  tattooing  and  body piercing  are  regulated  by  health                                                              
departments.  Alaska  is one  of  the  few  states to  have  these                                                              
industries regulated  by barbers  and hairdressers.  She expressed                                                              
interest  in seeing  this change  rather than  the dissolution  of                                                              
the board.                                                                                                                      
                                                                                                                                
1:54:58 PM                                                                                                                    
SARA  CHAMBERS,  Boards  and Regulations  Advisor,  Department  of                                                              
Commerce,  Community  and Economic  Development  (DCCED),  Juneau,                                                              
Alaska, testified  by invitation  on EO 127,  EO 129, and  EO 130.                                                              
She acknowledged  the work  of the volunteers  on the  boards. She                                                              
stated that,  currently, the  boards have the  power to  do things                                                              
that the  department does not  have. She  stated that many  of the                                                              
concerns brought  forward by current and former  board chairs have                                                              
not been  dealt with by the  department because it is  the board's                                                              
responsibility to  do those things.  Department staff  cannot step                                                              
in and  take up the role  of the board.  She pointed out  that the                                                              
proposed  restructuring  is  currently   working  well  for  other                                                              
industries  (e.g. speech  pathology  and audiology).  She  offered                                                              
context  for some  of the  changes made  by the  Board of  Massage                                                              
Therapists, explaining  that the board created  greater efficiency                                                              
by  undoing regulations  that the  board had  previously put  into                                                              
place, against the recommendation of the department.                                                                            
                                                                                                                                
1:57:55 PM                                                                                                                    
MS.  CHAMBERS referred  to  the statement  of  cost and  explained                                                              
that the  "services" line is  part of a  standard formula  that is                                                              
used  when a  new  employee is  hired. Therefore,  no  contracting                                                              
costs are factored into this amount.                                                                                            
                                                                                                                                
1:58:55 PM                                                                                                                    
SENATOR GRAY-JACKSON  asked Ms. Chambers  to elaborate on  why the                                                              
department is seeking to eliminate the boards.                                                                                  
                                                                                                                                
1:59:20 PM                                                                                                                    
MS. CHAMBERS replied  that the EOs propose a  completely different                                                              
structure  than what  is currently  in place.  She explained  that                                                              
redistributing the  work of the  boards to department  staff would                                                              
remove  inefficiencies  that  are   inherent  to  the  way  boards                                                              
function (e.g. waiting  for board meetings, etc.).  She said that,                                                              
with these changes  in place, the department would  be able to get                                                              
the job done in a more straightforward manner.                                                                                  
                                                                                                                                
2:00:51 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:02:09 PM                                                                                                                    
CHAIR   BJORKMAN  reconvened   the  meeting   and  opened   public                                                              
testimony on EO 127, EO 129, and EO 130.                                                                                        
                                                                                                                                
2:03:22 PM                                                                                                                    
VOLKER HRUBY, representing  self, Anchorage, Alaska,  testified in                                                              
opposition  to EO  127. He  said he  has been  a licensed  massage                                                              
therapist since 2005  and currently owns a business  in Anchorage.                                                              
He  stated  that  eliminating  the  board  would  raise  costs  to                                                              
licensees. He  contrasted the  work done by  board members  to the                                                              
work  that  would  be  done  by  department  staff  and  expressed                                                              
concern  that department  staff would  not be  able to manage  the                                                              
additional  workload.   He  stated  that  department   staff  rely                                                              
heavily   on   board   members    for   their   expertise   during                                                              
investigations. Eliminating  the board would require  the state to                                                              
hire  someone to  provide this  level of  expertise. He  expressed                                                              
doubt  the department  staff  would be  able  to attain  knowledge                                                              
equal  to  that  of a  licensed  massage  therapist  by  attending                                                              
workshops  and added that  in most  cases, you  must be  a massage                                                              
therapist  to  attend the  workshops  in  question. He  said  that                                                              
department  staff would  not have  the skills  needed to  identify                                                              
risks of  human trafficking  masquerading  as massage therapy.  He                                                              
asserted  that  EO  127 would  decrease  efficiency  and  increase                                                              
costs to all massage therapists in Alaska.                                                                                      
                                                                                                                                
2:06:55 PM                                                                                                                    
GLORIA  BAMBERG-MERRITT,  representing  self,  Anchorage,  Alaska,                                                              
testified  in opposition  to  EO 129.  She  said she  has been  an                                                              
instructor  and practitioner  in Alaska  for more  than 30  years.                                                              
She offered a variety  of reasons why the passage  of EO 129 would                                                              
be detrimental.  She suggested  that keeping  the present  board -                                                              
and possibly restructuring the board - would be a better option.                                                                
                                                                                                                                
2:10:38 PM                                                                                                                    
MICHELLE  MCMULLIN,  Chair,  Board of  Barbers  and  Hairdressers,                                                              
Anchorage, Alaska,  testified in opposition to EO 129.  She gave a                                                              
brief  overview  of  the  industry,   the  board,  and  associated                                                              
concerns. She asserted  that EO 129 does not  address the problems                                                              
at  hand.   She  acknowledged   that  the   current  board   needs                                                              
restructuring.  She emphasized  the  importance  of oversight  and                                                              
the  need for  an  understanding of  the  technologies being  used                                                              
within  the industry.  She  expressed  doubt that  the  department                                                              
would be able to properly protect the public.                                                                                   
                                                                                                                                
2:13:58 PM                                                                                                                    
MICHELLE BIBBS,  representing self,  Anchorage, Alaska,  testified                                                              
in opposition  to EO 129.  She said she  has been an  aesthetician                                                              
since  2020. She  acknowledged that  the board  needs reform.  She                                                              
stated  that  EO  129  does  not  allow  for  the  same  level  of                                                              
expertise  that is  provided by  the board;  therefore, the  board                                                              
should be reformed and not eliminated.                                                                                          
                                                                                                                                
2:15:54 PM                                                                                                                    
MARY YANAGAWA,  representing self,  Wasilla, Alaska,  testified in                                                              
opposition  to EO 130.  She said  she is  a licensed  direct-entry                                                              
midwife and  certified professional  midwife. She stated  that the                                                              
board is needed  for public safety, protection  of the profession,                                                              
and for future  access to midwifery  care, as well as  setting the                                                              
standard for  midwifery care  in Alaska.  She emphasized  that the                                                              
safety of mothers,  babies, and families should  not be sacrificed                                                              
for  the  sake  of  streamlining  the  governmental  processes  of                                                              
licensing and regulation.                                                                                                       
                                                                                                                                
2:17:00 PM                                                                                                                    
RACHEL  PUGH,   Midwives  Association  of  Alaska,   Eagle  River,                                                              
Alaska,  testified in  opposition to  EO 130.  She said  she is  a                                                              
certified   professional   midwife  and   certified   direct-entry                                                              
midwife  who   currently  sits   on  the  Board   of  Direct-Entry                                                              
Midwives. She  opined that  dissolving the board  would be  a step                                                              
backwards  for midwifery  and detailed  the  many challenges  that                                                              
midwives face.  She said  that a  board of knowledgeable,  trained                                                              
professionals is  necessary for public  health and safety  as well                                                              
as  to ensure  that midwives  are  able to  practice  to the  full                                                              
extent  of  their  training.  She  explained  that  the  physician                                                              
position on  the board is vacant  due to a lack of  physicians who                                                              
are trained to  perform out-of-hospital births. She  added that in                                                              
the past, physicians  and certified nurse midwives  (CNM) who have                                                              
served  on  the board  have  been  unfamiliar with  the  midwifery                                                              
scope  of practice.  She pointed  out that board  currently  has a                                                              
CNM who  is highly knowledgeable,  supportive of new  statutes and                                                              
regulations,  and has attended  all meetings.  She referred  to HB
175  (Board  of  Licensed Midwives),  explaining  that  this  bill                                                              
addresses  a   variety  of   board-related  issues   and  auditing                                                              
recommendations.  She shared her  belief that turning  the board's                                                              
duties   over   to   the   department   could   have   significant                                                              
consequences  for  midwifery  in  Alaska  and  expressed  concerns                                                              
about future  communications between  the department and  those in                                                              
the industry, should EO 130 be adopted.                                                                                         
                                                                                                                                
2:21:09 PM                                                                                                                    
ANDREA STIERS,  member, Midwives  Association of Alaska,  Wasilla,                                                              
Alaska,  testified in  opposition to  EO 130.  She said  she is  a                                                              
retired  direct-entry midwife  and mother  of 11,  9 of whom  were                                                              
born under the care  of a midwife. She expressed  doubts about the                                                              
department's  knowledge of  the  midwifery scope  of practice  and                                                              
concerns  that  this lack  of  knowledge  would be  dangerous  for                                                              
those  seeking  midwifery care.  She  shared  that she  learned  a                                                              
great deal about  pregnancy from her first midwife  and contrasted                                                              
this with her  experience giving birth under a  doctor's care. She                                                              
stated  that  it is  important  to  maintain access  to  midwifery                                                              
care. She  explained that eliminating  the board  would negatively                                                              
impact access  to care and referred  to the Medicaid  policy which                                                              
states that,  for midwifery care  to be covered, midwives  must be                                                              
"licensed  by  a   board  of  midwives."  She   stated  that  many                                                              
insurance  companies   also  require  licensure  by   a  board  of                                                              
midwives.  She added  that  midwives save  the  state millions  of                                                              
dollars  each year.  She  reiterated  that maintaining  the  board                                                              
ensures that families  have access to safe,  out-of-hospital birth                                                              
options.                                                                                                                        
                                                                                                                                
2:23:48 PM                                                                                                                    
DOMINIKA  BUCK, member,  Midwives Association  of Alaska,  Palmer,                                                              
Alaska,  testified in  opposition to  EO 130.  She said  she is  a                                                              
doula,  birth  assistant  and  aspiring  midwife. She  is  also  a                                                              
mother who has  had five children with midwifery  care. She stated                                                              
that  her midwives  provided her  with responsible,  professional,                                                              
and compassionate  treatment.  She explained  that she has  worked                                                              
alongside  many   midwives  and   has  seen  them   utilize  their                                                              
knowledge and  compassion to support  mothers during  the birthing                                                              
process. She added  that midwives send their clients  to hospitals                                                              
for care  when it is  necessary for  their safety and  well-being,                                                              
often remaining  with their  clients through  the hospital  birth.                                                              
She emphasized the  importance of maintaining the  midwifery board                                                              
in order to ensure accessibility to safe midwifery care.                                                                        
                                                                                                                                
2:27:30 PM                                                                                                                    
BETHANY KIRILLOV,  representing  self, Wasilla, Alaska,  testified                                                              
in opposition  to EO 130. She  said she has birthed  four children                                                              
outside of  the hospital with midwifery  care. She stated  that if                                                              
the  board is  eliminated,  it will  be  difficult for  low-income                                                              
families  to access midwifery  care, as  many insurance  companies                                                              
and Medicaid require  midwives to be licensed by a  board of their                                                              
peers.  She expressed  confusion  as  to why  the  board would  be                                                              
eliminated  only  to  form  an  advisory  committee  of  the  same                                                              
individuals,  while paying  individuals who  do not have  adequate                                                              
knowledge   of  midwifery   to   make  decisions   impacting   the                                                              
profession.   She   expressed  doubts   about   the   department's                                                              
intention  to  include  midwives  in future  decisions  about  the                                                              
profession and noted  that midwives were not consulted  or offered                                                              
input about the EO.                                                                                                             
                                                                                                                                
2:29:37 PM                                                                                                                    
JENNIFER CAVE,  representing self, Soldotna, Alaska,  testified in                                                              
opposition to  EO 130.  She said she  is a certified  professional                                                              
midwife and certified  direct-entry midwife. She  shared how, when                                                              
she moved  to Alaska as an  experienced midwife, the  board helped                                                              
the  licensing  examiner  to  understand   the  regulations,  thus                                                              
allowing  her to  become licensed.  She pointed  to the  midwifery                                                              
regulations  and  suggested  that   the  language  included  there                                                              
indicates that  midwives are "primary  care providers."  She added                                                              
that many women  consider their midwives to be  their primary care                                                              
providers during  their childbearing years. She  expressed concern                                                              
that,  as a primary  care provider,  midwives  would no longer  be                                                              
self-regulated.   She  also   expressed  concern   that,  as   new                                                              
developments  or medicines  become available,  a board of  midwife                                                              
professionals  would   not  be  available  to  examine   and  make                                                              
recommendations.                                                                                                                
                                                                                                                                
2:32:25 PM                                                                                                                    
SHIRA BENSON, representing  self, Kenai LIO, Alaska,  testified in                                                              
opposition to  EO 130. She said  she is a Medicaid  recipient. She                                                              
said she  is in  support of  HB 175 (Board  of Licensed  Midwives)                                                              
and  added that  midwives  are experts  who  should be  regulating                                                              
their profession.  She said she  is a mother  of four and  has had                                                              
three out-of-hospital  births. She  explained that she  received a                                                              
great deal of  support from her midwife both  during pregnancy and                                                              
postpartum  which was  far superior  and more  relevant than  that                                                              
from her primary physician.                                                                                                     
                                                                                                                                
2:33:43 PM                                                                                                                    
FELICITY   SMITH,   member,  Midwives   Association   of   Alaska,                                                              
Anchorage,  Alaska,  testified   in  opposition  to  EO  130.  She                                                              
expressed concern that  EO 130 is not in the best  interest of the                                                              
public  or midwives  in Alaska.  She  shared her  belief that  the                                                              
issues addressed  by the  EO could instead  be addressed  at board                                                              
or  regulation  level.  She  stated  that  maintaining  the  board                                                              
ensures  the  safety   of  Alaskans  as  well   as  ensuring  that                                                              
midwifery care in  Alaska stays up to date. She  shared her belief                                                              
that  EO 130  would increase  costs for  practicing midwives,  for                                                              
the  department,  and  for  those who  seek  midwifery  care.  She                                                              
stated  that midwifery  care  improves the  lives  of mothers  and                                                              
children during  pregnancy and postpartum.  She shared  her belief                                                              
that  the department  has  hindered  the board's  functioning  and                                                              
increased the costs to midwives.                                                                                                
                                                                                                                                
2:36:38 PM                                                                                                                    
ONICA  SPROKKREEFF,  President,  Midwives Association  of  Alaska,                                                              
Anchorage,  Alaska, testified in  opposition to  EO 130.  She said                                                              
she is a certified professional midwife and certified direct-                                                                   
entry  midwife.   She  referred  to  a  press   release  from  the                                                              
Governor's office  related to expansion of Medicaid  to cover one-                                                              
year of postpartum  care. She shared her belief that  EO 130 is in                                                              
opposition  to the  Governor's  stated  intention  to support  new                                                              
mothers  and children.  She said  certified direct-entry  midwives                                                              
are  experts in  their  field and  the  board  is the  appropriate                                                              
regulatory body  for the profession.  She stated  that eliminating                                                              
the  board  would  strip  midwives  of  their  self-determination,                                                              
exclude experts  from decision-making,  compromise public  safety,                                                              
and impact  midwives' ability  to work  with insurance  companies.                                                              
She  added  that  it would  also  potentially  increase  licensing                                                              
fees.                                                                                                                           
                                                                                                                                
2:38:54 PM                                                                                                                    
MICHELLE BIBBS,  representing self,  Anchorage, Alaska,  testified                                                              
in opposition  to EO 130. She said  that she is 16  weeks pregnant                                                              
and is  under midwifery  care. She  added that  she had  one child                                                              
under a doctor's  care and has learned more from  her midwife. She                                                              
expressed concern  that EO 130 would remove women's  autonomy when                                                              
making decisions  about prenatal, birth, and postpartum  care. She                                                              
stated that midwives  save the state money and  questioned why the                                                              
state would want to hinder their ability to practice.                                                                           
                                                                                                                                
2:41:19 PM                                                                                                                    
HILARY  NICHOLS,   Midwives  Association  of   Alaska,  Fairbanks,                                                              
Alaska,  testified in  opposition to  EO 130.  She said  she is  a                                                              
student and  apprentice midwife.  She stated  that the board  is a                                                              
self-sustaining board  of direct-entry midwives. It is  one of the                                                              
longest-standing  midwifery boards in  the country.  She suggested                                                              
that dissolving  the board  could cause unnecessary  interruptions                                                              
and complicate midwifery  care, which could potentially  lead to a                                                              
public health  issue. She  listed several  barriers to  becoming a                                                              
midwife.  She pointed  out  the benefits  of  midwifery care.  She                                                              
commented that  it is  discouraging to come  into a  profession as                                                              
the  board is  potentially being  eliminated  - particularly  when                                                              
the profession has  been shown to be beneficial  to the community.                                                              
She pointed  out that  midwifery  care has been  shown to  improve                                                              
maternal and infant outcomes.                                                                                                   
                                                                                                                                
2:43:54 PM                                                                                                                    
ED  MARTIN,  representing   self,  Kenai,  Alaska,   testified  in                                                              
support  of   EO  127,  EO  129,   and  EO  130.  He   shared  his                                                              
understanding  of the  status  of boards  and  commissions in  the                                                              
state.  He expressed  support for  licensed,  insured, and  bonded                                                              
professionals  working in  the state.  He opined  that boards  are                                                              
not necessary, and that the government has grown too big.                                                                       
                                                                                                                                
2:47:14 PM                                                                                                                    
MAE CANADY, representing  self, Anchorage, Alaska,  testified with                                                              
concerns on  EO 129. She  said she has  been a hairdresser  for 35                                                              
years  and  previously   served  on  the  Board   of  Barbers  and                                                              
Hairdressers.  She stated  that  eliminating the  board will  have                                                              
unintended  consequences.  She suggested  that  most licensees  in                                                              
the  state are  not aware  of EO  129 and  expressed concern  that                                                              
issues were  not brought to  the attention  of the board  prior to                                                              
bringing the EO  forward. She pointed out that the  board covers 7                                                              
different industries  and questioned  the department's  ability to                                                              
replace  the board  with a  single person.  She added  that it  is                                                              
difficult to  contact anyone  in the  department because  they are                                                              
understaffed  and   expressed  concerns  about  adding   to  their                                                              
workload.                                                                                                                       
                                                                                                                                
2:51:00 PM                                                                                                                    
CHAIR BJORKMAN closed  public testimony on EO 127,  EO 129, and EO                                                              
130.                                                                                                                            
                                                                                                                                
2:51:50 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Chair Bjorkman  adjourned  the House Labor  and Commerce  Standing                                                              
Committee meeting at [2:51 p.m.]                                                                                                

Document Name Date/Time Subjects
EO 127 DCCED Statement of Cost.pdf SL&C 2/2/2024 1:30:00 PM
Executive Order 127
EO 129 DCCED Statement of Cost.pdf SL&C 2/2/2024 1:30:00 PM
Executive Order 129
EO 130 DCCED Statement of Cost.pdf SL&C 2/2/2024 1:30:00 PM
Executive Order 130
DCCED Response to Questions Regarding Executive Orders 02.02.24.pdf SL&C 2/2/2024 1:30:00 PM
Executive Orders 127, 129 and 130