HB 149-NURSING: LICENSURE; MULTISTATE COMPACT  4:58:27 PM CHAIR SUMNER announced that the final order of business would be HOUSE BILL NO. 149, "An Act relating to the licensure of nursing professionals; relating to a multistate nurse licensure compact; and providing for an effective date." 4:59:20 PM REPRESENTATIVE CARRICK moved to adopt Amendment 1 to HB 149, labeled, 33-LS0447\S.4, Bergerud, 4/17/23, which read as follows: Page 6, line 11, following "AS 08.68.500": Insert "; (13) submit a report to the legislature if the board  determines that the requirements for a multistate  license or multistate licensure privilege under the  Multistate Nurse Licensure Compact do not meet or  exceed the requirements for a license to practice  registered nursing or practical nursing in this state  under AS 08.68.170(a) or (b); the board shall submit  the report to the senate secretary and the chief clerk  of the house of representatives and notify the  legislature that the report is available within 30  days after making the determination" REPRESENTATIVE FIELDS objected for the purpose of discussion. 4:59:41 PM REPRESENTATIVE CARRICK explained that Amendment 1 would require the Board of Nursing to report to the legislature if the terms of the Nurse Licensure Compact (NLC) do not meet or exceed licensure requirements in the state. She expressed concern that automatic withdrawal from the compact in such a case would be a violation of the compact. 5:01:43 PM REPRESENTATIVE PRAX expressed the opinion that the amendment is unnecessary because the state would have the ability to leave NLC at any time. 5:02:31 PM SYLVAN ROBB, Director, Division of Corporations, Business, and Professional Licensing, Department of Commerce, Community, and Economic Development, stated that changes to NLC would not take place until the state adopts changes, giving the state the opportunity to leave the compact simply by not adopting the changes made to the compact. 5:03:33 PM REPRESENTATIVE CARRICK expressed concern about the Alaska Board of Nursing's ability to make changes to licensure requirements, and in such a case a report would be valuable. 5:04:25 PM REPRESENTATIVE FIELDS withdrew his objection. 5:04:31 PM REPRESENTATIVE RUFFRIDGE objected. A roll call vote was taken. Representatives Carrick, Fields, Saddler, and Sumner voted in favor of Amendment 1 to HB 149. Representatives Prax, Wright, and Ruffridge voted against it. Therefore, Amendment 1 was adopted by a vote of 4-3. 5:05:53 PM REPRESENTATIVE FIELDS stated that he would not offer Amendment 2 and Amendment 3 to HB 149. 5:06:42 PM REPRESENTATIVE FIELDS moved to adopt Amendment 4 to HB 149, as amended, labeled, 33-LS0447\S.10, Wallace/Bergerud, 4/19/23, which read as follows: Page 35, following line 18: Insert a new bill section to read:  "* Sec. 30. AS 47.32 is amended by adding a new section to read: Sec. 47.32.210. Restrictions on hiring during a  nursing strike. (a) Upon receiving a notice to strike involving nurses, and during a strike involving nurses, an entity may only hire a nurse who (1) is licensed to practice in the state under this chapter; or (2) was employed in the state under a multistate licensure privilege on the day before the entity received the notice to strike. (b) After withdrawal of a notice to strike involving nurses, or upon conclusion of a strike involving nurses, an entity may resume hiring nurses holding a multistate licensure privilege under this chapter." Renumber the following bill sections accordingly. Page 37, line 12: Delete "Section 36" Insert "Section 37" Page 37, line 13: Delete "sec. 37" Insert "sec. 38" REPRESENTATIVE SADDLER objected for the purpose of discussion. 5:06:48 PM REPRESENTATIVE FIELDS explained that Amendment 4 would restrict the ability of health care facilities to use the compact to bring more employees in the event of a strike. The amendment would not prevent nurses from coming to Alaska to work for other employees during a strike. He expressed the belief that nurse burnout is one of the greatest reasons for the nursing shortage, and allowing the compact to be used for strike-breaking purposes would potentially worsen the problem. 5:09:18 PM REPRESENTATIVE PRAX commented that, in the case of a nursing strike, there are federal regulations which already address this in regard to guaranteed care for patients. He stated that both the National Council of State Boards of Nursing and Legislative Legal Services have sent memos warning that the amendment could potentially place Alaska in violation of NLC terms. He added that he was unable to think of a time in which a nursing strike occurred in Alaska. REPRESENTATIVE FIELDS responded that Legislative Legal Services informed him that the idea is theoretical whether the amendment would violate the terms of the compact. 5:11:56 PM CHAIR SUMNER expressed the opinion that wholesale importation of nurses may not be good for the state in the event of a strike and the amendment is oblique enough to not violate the terms of NLC. 5:13:02 PM REPRESENTATIVE PRAX asked whether the amendment would offer language unique to nursing. MS. ROBB answered that she is unaware of any other profession having such language regarding strikes. She emphasized that NLC is a contract between states, and for this reason, the amendment could be considered a violation. She advised that the inability to change NLC from state to state is what makes it strong. 5:15:10 PM REPRESENTATIVE SADDLER expressed the opinion that the amendment would be contrary to the purpose of the bill because it would treat out-of-state nurses differently. REPRESENTATIVE CARRICK responded that the proposed legislation is meant to allow nurses to work in a more reasonable timeline, not import nurses in the event of a strike. 5:16:34 PM A roll call vote was taken. Representatives Carrick, Fields, and Sumner voted in favor of Amendment 4 to HB 149. Representatives Prax, Ruffridge, Saddler, and Wright voted against it. Therefore, Amendment 4 failed by a vote of 3-4. 5:17:24 PM CHAIR SUMNER announced that HB 149, as amended, was held over.