ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
May 1, 2024
4:02 p.m.
MEMBERS PRESENT
Senator Jesse Bjorkman, Chair
Senator Elvi Gray-Jackson
Senator Kelly Merrick
MEMBERS ABSENT
Senator Click Bishop, Vice Chair
Senator Forrest Dunbar
COMMITTEE CALENDAR
HOUSE BILL NO. 237
"An Act relating to temporary permits for nurses with lapsed
licenses."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 97(JUD) AM
"An Act relating to self-storage facilities for personal
property, including vehicles and watercraft; distinguishing
self-storage facility liens from another type of storage lien;
and excluding self-storage liens from the treatment of certain
unclaimed property."
- MOVED SCS CSHB 97(L&C) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 29(JUD) AM
"An Act prohibiting certain insurance decisions based solely on
a person's status as an elected official."
- MOVED SCS CSHB 29(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 309
"An Act relating to the practice of optometry; and relating to
the delegation of routine services of optometry."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 254(JUD) AM
"An Act relating to minors and the Internet; and relating to use
of social media by minors."
- HEARD & HELD
HOUSE BILL NO. 226
"An Act relating to the Board of Pharmacy; relating to
insurance; relating to pharmacies; relating to pharmacists;
relating to pharmacy benefits managers; relating to patient
choice of pharmacy; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 285
"An Act relating to insurance; relating to mammograms; and
providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 237
SHORT TITLE: TEMPORARY PERMIT FOR LAPSED NURSE LICENSE
SPONSOR(s): REPRESENTATIVE(s) PRAX
01/16/24 (H) PREFILE RELEASED 1/8/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) L&C
02/02/24 (H) L&C AT 3:15 PM BARNES 124
02/02/24 (H) <Bill Hearing Rescheduled to 02/05/24>
02/05/24 (H) L&C AT 3:15 PM BARNES 124
02/05/24 (H) Heard & Held
02/05/24 (H) MINUTE(L&C)
02/19/24 (H) L&C AT 4:15 PM BARNES 124
02/19/24 (H) -- MEETING CANCELED --
02/26/24 (H) L&C AT 3:15 PM BARNES 124
02/26/24 (H) Moved HB 237 Out of Committee
02/26/24 (H) MINUTE(L&C)
03/01/24 (H) L&C RPT 5DP 1NR
03/01/24 (H) DP: CARRICK, PRAX, WRIGHT, RUFFRIDGE,
SUMNER
03/01/24 (H) NR: FIELDS
03/13/24 (H) TRANSMITTED TO (S)
03/13/24 (H) VERSION: HB 237
03/15/24 (S) READ THE FIRST TIME - REFERRALS
03/15/24 (S) L&C
05/01/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 97
SHORT TITLE: SELF-STORAGE UNITS: LIENS; SALES
SPONSOR(s): REPRESENTATIVE(s) PRAX
03/06/23 (H) READ THE FIRST TIME - REFERRALS
03/06/23 (H) L&C, JUD
03/24/23 (H) L&C AT 3:15 PM BARNES 124
03/24/23 (H) Heard & Held
03/24/23 (H) MINUTE(L&C)
04/14/23 (H) L&C AT 3:15 PM BARNES 124
04/14/23 (H) Heard & Held
04/14/23 (H) MINUTE(L&C)
05/01/23 (H) L&C AT 3:15 PM BARNES 124
05/01/23 (H) Heard & Held
05/01/23 (H) MINUTE(L&C)
05/03/23 (H) L&C AT 3:15 PM BARNES 124
05/03/23 (H) Moved CSHB 97(L&C) Out of Committee
05/03/23 (H) MINUTE(L&C)
05/08/23 (H) L&C RPT CS(L&C) 4DP 2AM
05/08/23 (H) DP: PRAX, WRIGHT, SADDLER, RUFFRIDGE
05/08/23 (H) AM: FIELDS, CARRICK
02/05/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/05/24 (H) Heard & Held
02/05/24 (H) MINUTE(JUD)
02/07/24 (H) JUD AT 1:00 PM GRUENBERG 120
02/07/24 (H) Heard & Held
02/07/24 (H) MINUTE(JUD)
02/09/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/09/24 (H) <Bill Hearing Canceled>
02/14/24 (H) JUD AT 1:00 PM GRUENBERG 120
02/14/24 (H) Moved CSHB 97(JUD) Out of Committee
02/14/24 (H) MINUTE(JUD)
02/15/24 (H) JUD RPT CS(JUD) 4DP 2NR
02/15/24 (H) DP: CARPENTER, SUMNER, ALLARD, VANCE
02/15/24 (H) NR: GRAY, GROH
03/21/24 (H) TRANSMITTED TO (S)
03/21/24 (H) VERSION: CSHB 97(JUD) AM
03/22/24 (S) READ THE FIRST TIME - REFERRALS
03/22/24 (S) L&C, JUD
04/08/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/08/24 (S) Heard & Held
04/08/24 (S) MINUTE(L&C)
04/24/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/24/24 (S) Heard & Held
04/24/24 (S) MINUTE(L&C)
05/01/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 29
SHORT TITLE: INSURANCE DISCRIMINATION
SPONSOR(s): REPRESENTATIVE(s) MCCABE
01/19/23 (H) PREFILE RELEASED 1/9/23
01/19/23 (H) READ THE FIRST TIME - REFERRALS
01/19/23 (H) L&C, JUD
02/10/23 (H) L&C AT 3:15 PM BARNES 124
02/10/23 (H) Heard & Held
02/10/23 (H) MINUTE(L&C)
02/17/23 (H) L&C AT 3:15 PM BARNES 124
02/17/23 (H) Heard & Held
02/17/23 (H) MINUTE(L&C)
03/03/23 (H) L&C AT 3:15 PM BARNES 124
03/03/23 (H) <Bill Hearing Canceled>
03/06/23 (H) L&C AT 3:15 PM BARNES 124
03/06/23 (H) Moved CSHB 29(L&C) Out of Committee
03/06/23 (H) MINUTE(L&C)
03/08/23 (H) L&C RPT CS(L&C) 1DP 1DNP 5NR
03/08/23 (H) DP: CARRICK
03/08/23 (H) DNP: FIELDS
03/08/23 (H) NR: PRAX, WRIGHT, SADDLER, RUFFRIDGE,
SUMNER
04/28/23 (H) JUD AT 1:00 PM GRUENBERG 120
04/28/23 (H) Heard & Held
04/28/23 (H) MINUTE(JUD)
05/03/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/03/23 (H) Moved CSHB 29(JUD) Out of Committee
05/03/23 (H) MINUTE(JUD)
05/08/23 (H) JUD RPT CS(JUD) NEW TITLE 3DP 1DNP 2NR
1AM
05/08/23 (H) DP: C.JOHNSON, ALLARD, VANCE
05/08/23 (H) DNP: EASTMAN
05/08/23 (H) NR: GROH, CARPENTER
05/08/23 (H) AM: GRAY
05/13/23 (H) TRANSMITTED TO (S)
05/13/23 (H) VERSION: CSHB 29(JUD) AM
05/15/23 (S) READ THE FIRST TIME - REFERRALS
05/15/23 (S) L&C, JUD
04/24/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/24/24 (S) Heard & Held
04/24/24 (S) MINUTE(L&C)
05/01/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 309
SHORT TITLE: DELEGATION OF ROUTINE OPTOMETRY SERVICES
SPONSOR(s): REPRESENTATIVE(s) RUFFRIDGE
02/07/24 (H) READ THE FIRST TIME - REFERRALS
02/07/24 (H) HSS, L&C
03/21/24 (H) HSS AT 3:00 PM DAVIS 106
03/21/24 (H) Heard & Held
03/21/24 (H) MINUTE(HSS)
03/28/24 (H) HSS AT 3:00 PM DAVIS 106
03/28/24 (H) Moved HB 309 Out of Committee
03/28/24 (H) MINUTE(HSS)
04/01/24 (H) HSS RPT 3DP 2NR
04/01/24 (H) DP: RUFFRIDGE, MCCORMICK, PRAX
04/01/24 (H) NR: FIELDS, MINA
04/08/24 (H) L&C AT 3:15 PM BARNES 124
04/08/24 (H) Heard & Held
04/08/24 (H) MINUTE(L&C)
04/12/24 (H) L&C AT 3:15 PM BARNES 124
04/12/24 (H) Moved HB 309 Out of Committee
04/12/24 (H) MINUTE(L&C)
04/15/24 (H) L&C RPT 4DP 2NR
04/15/24 (H) DP: PRAX, WRIGHT, RUFFRIDGE, SUMNER
04/15/24 (H) NR: CARRICK, FIELDS
04/24/24 (H) TRANSMITTED TO (S)
04/24/24 (H) VERSION: HB 309
04/26/24 (S) READ THE FIRST TIME - REFERRALS
04/26/24 (S) L&C
05/01/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 254
SHORT TITLE: BLOCK PORNOGRAPHY TO MINORS; SOCIAL MEDIA
SPONSOR(s): REPRESENTATIVE(s) VANCE
01/16/24 (H) PREFILE RELEASED 1/12/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) L&C, JUD
01/31/24 (H) L&C AT 3:15 PM BARNES 124
01/31/24 (H) Heard & Held
01/31/24 (H) MINUTE(L&C)
03/06/24 (H) L&C AT 3:15 PM BARNES 124
03/06/24 (H) Heard & Held
03/06/24 (H) MINUTE(L&C)
03/11/24 (H) L&C AT 3:15 PM BARNES 124
03/11/24 (H) Moved HB 254 Out of Committee
03/11/24 (H) MINUTE(L&C)
03/13/24 (H) L&C RPT 1DP 1DNP 3NR 1AM
03/13/24 (H) DP: SADDLER
03/13/24 (H) DNP: CARRICK
03/13/24 (H) NR: PRAX, WRIGHT, RUFFRIDGE
03/13/24 (H) AM: FIELDS
03/13/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/13/24 (H) Heard & Held
03/13/24 (H) MINUTE(JUD)
03/15/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/15/24 (H) Heard & Held
03/15/24 (H) MINUTE(JUD)
03/18/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/18/24 (H) Moved CSHB 254(JUD) Out of Committee
03/18/24 (H) MINUTE(JUD)
03/20/24 (H) JUD RPT CS(JUD) 4DP 1DNP 1NR
03/20/24 (H) DP: C.JOHNSON, CARPENTER, ALLARD, VANCE
03/20/24 (H) DNP: GRAY
03/20/24 (H) NR: GROH
04/26/24 (H) TRANSMITTED TO (S)
04/26/24 (H) VERSION: CSHB 254(JUD) AM
04/29/24 (S) READ THE FIRST TIME - REFERRALS
04/29/24 (S) L&C, JUD, FIN
05/01/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
RILEY NYE, Staff
Representative Mike Prax
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 237 on behalf of the sponsor.
SYLVAN ROBB, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community and Economic Development
(DCCED)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the discussion of
HB 237.
ERICK CORDERO, Staff
Representative Mike Prax
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on HB 97 on behalf of the
sponsor.
KONRAD JACKSON, Staff
Senator Jesse Bjorkman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained Amendment 1 to HB 29.
JAMES SEXTON, Staff
Representative Justin Ruffridge
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 309 on behalf of the sponsor.
BRADLEY CROSS, Chair
State Board of Examiners in Optometry
Soldotna, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB 309.
DAMIEN DELZER, O.D., President-Elect
Alaska Optometric Association
Fairbanks, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB 309.
ELIZABETH STEVENS, Executive Director
Alaska Optometric Association
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB 309.
ROBERT BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 254 on behalf of the sponsor.
RICHARD DARR, Executive Director
National Decency Coalition
Nashville, Tennessee
POSITION STATEMENT: Gave invited testimony in support of HB 254.
ACTION NARRATIVE
4:02:35 PM
CHAIR JESSE BJORKMAN called the Senate Labor and Commerce
Standing Committee meeting to order at 4:02 p.m. Present at the
call to order were Senators Gray-Jackson, Merrick, and Chair
Bjorkman.
HB 237-TEMPORARY PERMIT FOR LAPSED NURSE LICENSE
4:03:40 PM
CHAIR BJORKMAN announced the consideration of HOUSE BILL NO. 237
"An Act relating to temporary permits for nurses with lapsed
licenses."
4:04:02 PM
RILEY NYE, Staff, Representative Mike Prax, Alaska State
Legislature, Juneau, Alaska, said HB 237 would provide for
temporary permits for nurses with lapsed licenses. The bill
would amend AS 08.68.210, which is the temporary permits
statute, to allow the Board of Nursing to issue a temporary
permit to a person applying for reinstatement of a lapsed
license, as long as the person meets the same requirements as a
person applying for license by examination. A person with a
lapsed Alaska nursing license met all of Alaska's nursing
license requirements when they first applied. Those seeking
license reinstatements go through the same licensing steps as a
person applying for an Alaska nursing license for the first
time, through the license by examination process as provided by
AS 08.68.210, (b). For this reason, he said, it poses no greater
risk to the public to issue a temporary permit to practice to a
person seeking license reinstatement than it would to issue a
temporary permit to a person applying for an Alaska nursing
license for the first time. The public interest in having more
nurses actively practicing the profession in Alaska is served by
issuing a temporary permit to practice in either case. He noted
there is broad consensus that Alaskans are currently suffering
the consequences of a shortage of actively practicing nurses. He
encouraged the passage of HB 237 as quickly as possible.
4:06:01 PM
CHAIR BJORKMAN invited Ms. Robb to answer questions. He asked
how the process would work [under HB 237] for a nurse with a
lapsed license.
4:06:32 PM
SYLVAN ROBB, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), Juneau, Alaska, answered that HB
237 provides a technical fix allowing nurses with lapsed
licenses to obtain a temporary license while awaiting necessary
documentation for permanent reinstatement. She said the process
involves submitting a form, paying a fee, and then gathering and
submitting the remaining required documentation. Once a subset
of the required documentation is received and deemed acceptable
by the board, the nurse can obtain a temporary license and start
working. She noted that obtaining documentation directly from
institutions or employers may not always be a priority, which
can delay the process.
4:07:45 PM
CHAIR BJORKMAN asked whether the renewal process would be
available through an easy to use, online licensing portal
containing the data of previously licensed nurses.
4:08:13 PM
MS. ROBB replied that it was relatively easy. All nursing
applications were available online. She noted there were
requirements to provide documentation of continuing education
and other requirements to ensure they were prepared to practice
safely.
4:08:49 PM
CHAIR BJORKMAN held HB 237 in committee.
HB 97-SELF-STORAGE UNITS: LIENS; SALES
4:08:59 PM
CHAIR BJORKMAN announced the consideration of CS FOR HOUSE BILL
NO. 97(JUD) am "An Act relating to self-storage facilities for
personal property, including vehicles and watercraft;
distinguishing self-storage facility liens from another type of
storage lien; and excluding self-storage liens from the
treatment of certain unclaimed property."
[Before the committee is SCS CSHB 97, work order 33-LS0392\R.]
4:09:56 PM
CHAIR BJORKMAN drew attention to HB 97, page 2, lines 26-27, and
said "default" is broadly defined. He asked for a description of
the experience for a storage space renter who fails to pay the
rent for the space. He asked when the owner of the storage space
could deny access to a renter.
4:10:46 PM
ERICK CORDERO, Staff, Representative Mike Prax, Alaska State
Legislature, Juneau, Alaska, answered that the owner could deny
access after the first notice and until they receive payment. He
said the owner cannot dispose of the property or sell the
property until after the second notice. According to HB 97,
after the first default, an owner can deny access and if the
renter doesn't comply within 20 days, the owner could dispose of
the property.
4:12:00 PM
CHAIR BJORKMAN asked if that would be for someone who is ten
days late to pay their rent.
4:12:05 PM
MR. CORDERRO replied that ten days would be for the first
notice; however, he noted this was a guideline. He said a
storage facility owner can wait longer than that if they wish.
He said that this was a concern expressed by a [self-storage
facility] owner and he pointed out that HB 97 does not prohibit
owners from extending [the time for payment to be received].
4:12:30 PM
CHAIR BJORKMAN solicited a motion.
4:12:37 PM
SENATOR GRAY-JACKSON moved to report SCS CSHB 97, work order 33-
LS0392\R, from committee with individual recommendations and
attached zero fiscal note(s).
4:12:54 PM
CHAIR BJORKMAN found no objection and SCS CSHB 97(L&C) was
reported from the Senate Labor and Commerce Standing Committee.
4:13:04 PM
At ease.
HB 29-INSURANCE DISCRIMINATION
4:15:17 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of CS FOR HOUSE BILL NO. 29(JUD) am "An Act
prohibiting certain insurance decisions based solely on a
person's status as an elected official."
4:15:43 PM
CHAIR BJORKMAN opened public testimony on HB 29; finding none,
he closed public testimony.
4:16:34 PM
CHAIR BJORKMAN solicited a motion.
4:16:36 PM
SENATOR GRAY-JACKSON moved to adopt Amendment 1, work order 33-
LS0272\U.A.1.
33-LS0272\U.A.1
Wallace
4/27/24
AMENDMENT 1
OFFERED IN THE SENATE
TO: CSHB 29(JUD) am
Page 2, line 7, following "governor,":
Insert "a member of the state's congressional
delegation,"
4:16:46 PM
CHAIR BJORKMAN objected for purposes of explanation.
4:16:58 PM
KONRAD JACKSON, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, said U.A.1 corrects an oversight by
adding "a member of the state's congressional delegation" to the
definition of elected officials.
4:17:37 PM
CHAIR BJORKMAN removed his objection. He found no further
objection, and Amendment 1 was adopted.
4:17:57 PM
CHAIR BJORKMAN solicited the will of the committee.
4:17:59 PM
SENATOR GRAY-JACKSON moved to report CSHB 29(JUD) am, work order
33-LS0272\U.A, as amended, from committee with individual
recommendations and attached fiscal note(s).
4:18:16 PM
CHAIR BJORKMAN found no objection and SCS CSHB 29(L&C) was
reported from the Senate Labor and Commerce Standing Committee.
4:18:26 PM
At ease.
HB 309-DELEGATION OF ROUTINE OPTOMETRY SERVICES
4:20:18 PM
CHAIR BJORKMAN announced the consideration of HOUSE BILL NO. 309
"An Act relating to the practice of optometry; and relating to
the delegation of routine services of optometry."
4:20:55 PM
JAMES SEXTON, Staff, Representative Justin Ruffridge, Alaska
State Legislature, Juneau, Alaska, gave a brief overview of HB
309 and it's beneficial impacts on optometry practices.
[Original punctuation provided.]
MR. SEXTON moved to slide 2, and explained that a review of
optometric practices revealed that there was not statutory
language allowing delegation of optometric tasks.
Issue
• Optometric practices do not have current statute
language to allow the Board of Examiners of
Optometry to regulate delegation of routine tasks to
Optometric Technicians and Assistants
• Delegation of basic routine tasks are standard
practice in other health professions licensed in
Alaska, as well as optometric practices nationwide
• Without this authority, Optometrists would be
required to perform all preliminary and ancillary
testing on each patient, which would greatly
restrict access to care.
4:22:16 PM
MR. SEXTON moved to slide 3, and discussed a partial list of
occupations whose boards grant them the ability, through
statute, to delegate routine tasks. He noted that the field of
ophthalmology was granted the ability to delegate routine tasks,
but somehow optometry was not included in statute regarding
routine medical duties.
[Original punctuation provided.]
Other Healthcare professions in Alaska:
• Professions in Alaska that have solved this problem
with incorporating delegation authority include:
• Medical Doctors, Doctor of Osteopathic Medicine,
Podiatry, Physician Assistants (08.64.106)
• Dental (08.32.346)
• Veterinary (08.98.050 (9,B))
• Pharmacy (08.80.030,(9))
• Chiropractic (08.20.168)
4:22:52 PM
MR. SEXTON moved to slide 4, and discussed the tasks
optometrists routinely delegate, noting that the optometrists do
not delegate the reading and interpretation of test results to
support staff and that HB 309 would not absolve the optometrist
of their responsibilities.
[Original punctuation provided.]
Examples of routine tasks
• Initial patient medical history and reason for visit
• Initial assessment of vision and current
prescription verification
• Blood pressure screenings and automated measurements
of the eye
• Ocular photography and digital imaging for review by
the doctor
• Assisting in medication refills
• Performing peripheral vision testing for
interpretation by the doctor
4:23:24 PM
MR. SEXTON moved to slide 5 and said HB 309 seeks to correct the
omission of delegation authority for optometrists in statutory
language in order to maintain efficiency and effectiveness of
normal optometric office visits.
[Original punctuation provided.]
Current challenges
• In the absence of the ability to delegate tasks,
Optometry will be less efficient and effective at
meeting the demand of patient care that exists in
the state currently.
• Optometry is projected to grow in the future.
• Adding a logistical and financial burden to current
and future Optometrists may contribute to the
shortage of healthcare professionals.
4:23:38 PM
MR. SEXTON moved to slide 6 and discussed the expected impacts
of HB 309.
[Original punctuation provided.]
HB 309 impacts
• This bill will have no impact on billing practices
and will not increase costs to the patient
population.
• The impact of passing this bill will be to ensure
that patients continue to receive appropriate and
effective care supervised by licensed Optometric
Physicians in Alaska.
4:23:57 PM
MR. SEXTON moved to slide 7 and described support for HB 309,
which would allow delegation of routine tasks for optometry as
is statutorily supported for other health professions.
[Original punctuation provided.]
Support
• The Alaska Optometric Association supports this
legislative approach and action.
• HB 309 brings Optometrists in line with other health
related professions in Alaska.
4:24:30 PM
CHAIR BJORKMAN announced invited testimony for HB 309.
4:24:41 PM
BRADLEY CROSS, Chair, State Board of Examiners in Optometry,
Soldotna, Alaska, gave invited testimony in support of HB 309.
He said optometry was responsible for the majority of primary
eye care in the state of Alaska, and optometrists have grown as
a profession to accommodate the needs of Alaskans, urban and
rural. He said remote eye care necessitated skilled
practitioners who have a scope of practice that ensured adequate
care. He stated that the optometric profession, the state board,
the state association, and state legislators, understand and
believe that statement and that Optometry had shown itself to be
economically beneficial to our population, [as well as] safe,
sustainable and directly accountable to the State Board, who, in
turn, is accountable to the legislature.
DR. CROSS said the need for an addition to the State Board [of
Examiners in Optometry] statutes was discovered during a 2023
regulation project relating to telehealth. He acknowledged the
help of Representative Ruffridge and staff to create a simple
and clear solution. HB 309 will spell out that an optometrist
can delegate ancillary testing to an assistant or a technician.
He compared HB 309 with similar legislation for dentistry,
medicine, chiropractic, veterinary medicine and others. He said
it was commonplace in optometry practices across the country to
utilize technicians in the daily patient flow allowing for more
efficient use of resources within the practice thereby improving
access to care. He noted that the population in Alaska was
aging, and the number of providers was decreasing; HB 309 would
allow optometrists to practice at an efficient level. He said
this was more important than ever before; with our older
population, more diseases were present requiring more imaging,
more visual field testing and more frequent visits than a
younger population would demand. He said the inclusion of HB 309
will ensure that optometrists have the backing of state statutes
to provide a high level of care for the patient base that is in
most need of these services. As training and demographics change
over time, optometrists practice more and more medical eye care.
He said to catch up with the change in the dynamic of how
optometry is functioning, it's time to specifically delegate
these tasks to optometric technicians in our statutes. On behalf
of the Board of Examiners in Optometry he thanked the committee
for considering HB 309.
4:27:40 PM
DAMIEN DELZER, O.D., President-Elect, Alaska Optometric
Association, Fairbanks, Alaska, gave invited testimony in
support of HB 309. He said the bill was requested by the board
of examiners and optometry due to a recent research opinion by
the Department of Law. The opinion was that the statute needed
clarification regarding ongoing delegation of routine pretesting
by optometric assistants. He explained that Optometry has
utilized assistants as standard of care and as an industry
standard practice for decades, preceding his graduate
professional education. He said he utilized assistants for the
entirety of his 30 years plus career in Alaska, as well as
previously in the armed forces. He said many states recognized
this long standing industry standard and the use of assistants
is a foregone conclusion in the delivery of eye care, not
requiring any specific statute language. In many states,
including other states where he held licenses, such as North
Dakota and Montana, it was an implied practice, much like we
have done here for many decades in Alaska. He pointed out that
assistants improve access to all types of medical care, as was
earlier presented and specific Alaska statutes addressed this
across nearly all healthcare fields. He said the utilization of
optometric assistants is universal throughout optometric
practices in all states, helping to decrease costs and improve
patient access. He noted optometric assistants will often
perform routine pre-testing tasks under the supervision of a
licensed doctor. These tasks include things such as visual
acuity, like you might have done at the Department of Motor
Vehicles, glasses, measurements, documentation and medical
issues, current and past, as well as medications, allergies,
photography and other non-invasive tests. Assistants receive
nearly all their training on-the-job under the careful
supervision of licensed professionals as well as seasoned and
experienced supervisors, similar to most trades. As the
assistant demonstrates their safety and proficiency, their
responsibilities slowly expand, while always remaining subject
to continuous oversight of the licensed doctor.
4:30:10 PM
DR. DELZER said this thoughtful and simple legislation will
provide the statute clarification as recommended by the
Department of Law to allow the crafting of regulatory language
by the board to carefully regulate this ongoing delegation of
safe, supervised, non-invasive assistance for busy practices,
which in turn continues to improve access for the residents of
Alaska to much needed eye care. Fortunately, the simple
legislation would accomplish this in a manner that is
recommended by Director Robb at no cost to the state, nor cost
to the patients or their insurers. He said the Alaska Optometric
Association and its membership fully support HB 309 and remain
grateful to the sponsor, Representative Ruffridge, and to this
distinguished committee for the opportunity to promptly address
this issue.
4:31:25 PM
ELIZABETH STEVENS, Executive Director, Alaska Optometric
Association, Anchorage, Alaska, gave invited testimony in
support of HB 309. She appreciated the opportunity to testify on
behalf of over 100 optometric physicians who provide the
majority of primary eye care statewide in both rural and urban
communities. The Alaska Optometric Association strongly and
enthusiastically supports HB 309 which would grant the Alaska
Board of Examiners in Optometry the authority to draft
regulations regarding the delegation of routine optometric
services.
4:32:29 PM
CHAIR BJORKMAN held HB 309 in committee.
4:32:35 PM
At ease.
HB 254-BLOCK PORNOGRAPHY TO MINORS; SOCIAL MEDIA
4:33:38 PM
CHAIR BJORKMAN announced the consideration of CS FOR HOUSE BILL
NO. 254(JUD) am "An Act relating to minors and the Internet; and
relating to use of social media by minors."
4:34:04 PM
ROBERT BALLINGER, Staff, Representative Sarah Vance, Alaska
State Legislature, Juneau, Alaska, introduced HB 254 on behalf
of the sponsor.
4:34:20 PM
At ease.
4:37:45 PM
CHAIR BJORKMAN reconvened the meeting.
4:38:02 PM
MR. BALLINGER delivered a slideshow presentation titled
"Prohibit Pornography to Minors". He said HB 254 began with a
vision to limit access of minors to the worst material on the
internet. He noted that several states have passed similar
legislation that held up to challenges in federal court.
4:38:31 PM
MR. BALLINGER moved to slide 2, which listed letters of
endorsement for HB 254:
• Ricky Darr on behalf of National Decency Coalition"
• Donna Rice Hughes on behalf of "Enough is Enough - Making
the Internet Safer for Children and Families"
• Dr. Gail Dines on behalf of "Culture Reframed"
4:38:42 PM
MR. BALLINGER moved to slide 3, listing organizations that have
conducted studies on Pornography:
• American Bar Association (ABA)
• American College of Pediatricians
• National Human Trafficking Hotline
4:39:06 PM
MR. BALLINGER moved to slide 4, highlighting the conclusions of
two studies:
• American College of Pediatricians
• Conclusions: Children suffer many negative effects due
to modern society's exposure to and acceptance of
pornography. These negative effects include mental
disturbance and unrest for the young school age child,
including acting out and violent behavior.
• American Bar Association:
• Conclusion: Exposure to pornography harms children and
youth by normalizing sexual violence, creating
unrealistic expectations for intimate partners and
relationships, and increasing the risk of addiction.
4:39:46 PM
MR. BALLINGER moved to slide 5, titled "Intersections between
Pornography and Human Trafficking: Training Ideas and
Implications" which highlighted the following findings:
• Pornography is the driving force behind the
international sex trafficking industry. (MacKinnon,
2005)
• Traffickers are smart about their recruitment
strategies and play on a person's "psychological
variables" or vulnerabilities (Lutya, 2012, Ch. 5).
Specifically, children and young teens have specific
desires for acceptance, love, recognition and money,
which makes them an easy target (Sager, 2012).
Recruitment strategies often incorporate use of the
Internet. For example, cybergrooming is a form of
grooming done online, with the intent to sexually
exploit an individual (Wachs, et al., 2016). A
predator no longer must physically lure and kidnap a
teen, they are able to sit behind the comfort of a
keyboard and exploit anyone available online
(Humphreys, 2017).
4:41:01 PM
MR. BALLINGER moved to slide 6, titled "National Human
Trafficking Hotline Data Report, Report 2021 - 12/31/2021",
highlighting that pornography was the top-listed venue or
industry of potential trafficking reported that year, with 7,499
situations reported, which was 72 percent of the total reports.
4:41:15 PM
MR. BALLINGER moved to slide 7, a map of the United States
highlighting the 17 states that had pornography age limit laws
similar to HB 254 already in place.
MR. BALLINGER noted that law suits had been filed challenging
the age verification legislation in Louisiana, Utah and Texas.
He said the suits in Louisiana and Utah were dismissed because
of "lack of standing," but the Texas law was litigated and had
reached the Supreme Court, which returned the case to the
district court in Texas and the law was upheld there. He
explained that HB 254 targets pornography that is "obscene
material" which is not subject to First Amendment protections.
4:42:49 PM
MR. BALLINGER moved to slide 8, a map of the United States
displaying the 16 additional states where legislation similar to
HB 254 is under consideration.
4:42:53 PM
MR. BALLINGER moved to slide 9 displaying a Pornhub gateway for
age verification required by the state of Louisiana and said the
Louisiana legislation requires "a commercial, reasonable age
verification system". He explained there were a number of ways
to do this; most systems use an internet-based system accessing
information available online. It may be necessary to upload an
ID to provide age verification.
4:43:47 PM
MR. BALLINGER concluded the presentation and provided a brief
overview of HB 254. He said there were three parts to HB 254:
• Age verification requirements to access pornography. A
website whose content is one third or more pornography will
be required to use a commercially available age
verification system. HB 254 would establish civil penalties
for non-compliance.
• A grant to provide $100 for parents to purchase and
implement parental control software to limit minors' access
to pornography. He noted the $100 fee seemed high, but that
was the maximum out there, and the fee would create a
fiscal note that could stop HB 254 from passing. He said if
the committee liked the grant feature, the sponsor would be
willing to try to advance the bill with the grant attached.
• Protection for young teens (14 and under) by removing
access to set up and maintain social media accounts or to
access social media with parent permission (15 and older).
He noted support for this feature of HB 254 and said it was
from a Florida bill. He acknowledged that more material may
be necessary for consistency of the application of age
verification requirements.
4:46:33 PM
SENATOR GRAY-JACKSON sought clarification about how the age
verification portal would work.
4:46:39 PM
MR. BALLINGER explained that age verification systems [proposed
by HB 254] are similar to those used for online gambling or wine
of the Month Clubs, where users must prove they are of legal
age. He said the systems involve software providers that collect
data from various sources to verify age, without the need for
users to upload IDs and when ID is required, it can be uploaded
securely and there are many software companies who offer these
age verification services. He acknowledged the importance of
protecting children's data.
4:49:21 PM
CHAIR BJORKMAN announced invited testimony on HB 254.
4:49:34 PM
RICHARD DARR, Executive Director, National Decency Coalition,
Nashville, Tennessee, said HB 254 had great history, having
passed in Louisiana in 2022 and survived court challenges. He
noted 17 states had passed the bill. He said the problem right
now is that children typically have access all the time to
online pornography and according to the Kaiser Family
Foundation, one in 10 sites remain accessible even when parental
controls are in place. And according to [software company]
Covenant Eyes, only 39 percent of parents actually utilize
filtering software, which leaves 61 percent of children [with
internet access] exposed. He said all the data on first exposure
[suggests it occurs] between the ages of eight and 12 years old.
MR. DARR spoke about continuing development and improvement of
age verification software in states that passed similar
legislation.
MR. DARR concluded that legislation like HB 254 was doing well
against legal challenges and it was successfully allowing
lawsuits against non-compliant pornographers in Texas. He
affirmed the importance of the provision for investigative
action by the state's attorney general to strengthen the bill's
effectiveness. He encouraged the committee's support for HB 254.
4:52:23 PM
CHAIR BJORKMAN said the original intent of HB 254 was a good
idea and a good way to ensure that the only people accessing
porn on the Internet are adults. He said time was limited, and
he wanted to focus on 'the possible' as the committee considers
the bill.
CHAIR BJORKMAN held HB 254 in committee.
4:53:48 PM
There being no further business to come before the committee,
Chair Bjorkman adjourned the Senate Labor and Commerce Standing
Committee meeting at 4:53 p.m.