HOUSE BILL NO. 99 "An Act relating to the State Physical Therapy and Occupational Therapy Board; relating to the practice of physical therapy; and relating to the practice of occupational therapy." 9:03:55 AM REPRESENTATIVE MATT CLAMAN, SPONSOR, thanked the committee for hearing HB 99. He was carrying the bill at the request of the Alaska Physical and Occupational Therapy Associations. He read a prepared statement: House Bill 99 amends the governing statutes for physical therapists, physical therapy assistants, occupational therapists and occupational therapy assistants practicing in Alaska. The changes it makes are designed to bring Alaska statutes in line with national standards and terminology, and overall make the administrative experience of these professionals smoother and up to date. This bill is sponsored by the State Physical Therapy and Occupational Therapy Board, which believes HB 99 will help the Board in its work to protect the public. A letter stating that support is in your packet. Currently, physical therapists, physical therapy assistants, occupational therapists, and occupational therapy assistants are represented by the state Physical Therapy and occupational Therapy Board. This board is made up of one physician, three physical therapists, two occupational therapists, and one member of the public. The first change made by this bill is to remove the physician from this board and replace them with another occupational therapist, thereby balancing the representation of the professions on the board. There is good reason for this change. When the statute was originally written, the work of physical and occupational therapists required referral by a physician. This has not been the case in Alaska for more than 30 years. HB 99 also enables the board to discipline a therapist who commits infractions under AS 08.84.120 such as a conviction of a felony, gross negligence, or abuse of alcohol. Currently, the board has the ability to revoke or deny a license based on infractions but has no ability to discipline. This bill also clarifies the language and requirements for those therapists who receive their training outside the United States ensuring that their training is equivalent to a U.S. professional physical therapy training program and also exempting therapists trained in an English language program from having to take an English proficiency test. Further, this bill updates language in the Alaska statutes that reference an accrediting entity that no longer exists and makes the language more general, allowing the state board to designate the appropriate accrediting entity as needed. Several other updates to terminology are made to update the language. House Bill 99 does not constitute a restructuring of the relevant statute, but it contains a number of long-awaited changes. This is a way to make it easier for professionals to do business in Alaska. Representative Claman indicated his staff would walk through the sectional analysis of the bill. 9:06:56 AM JOEY BOSWORTH, STAFF, REPRESENTATIVE MATT CLAMAN, introduced himself and read the sectional analysis: Section 1 AS 08.84.010. Creation and membership of the board. Removes the seat for a physician and balances out the board with 3 physical therapists or physical therapy assistants and 3 occupational therapists or occupational therapy assistants along with one public member, to make up the 7-member board. It also changes the term "physical therapy assistant" to "physical therapist assistant" in this section and throughout the entire statute. This change is to conform to the industry title used nationally. Section 2 AS 08.84.030. Qualifications for licensing. Allows the board to have broader authority over what entities will have accreditation oversight over physical therapy & occupational therapy education programs. Some of the accrediting entities listed in statute are now either renamed or no longer exist, making that statute obsolete. Section 2 removes language from the statute relating to additional supervised field work that occupational therapists must complete as these requirements are covered by the accrediting bodies. Section 3 AS 08.84.032. Foreign-educated applicants. Changes the section headline from "trained" to "educated." New language is added that requires foreign-educated physical therapist or physical therapy assistant students to have attended a "substantially" equivalent educational program that is accredited by a U.S. accreditation entity that has been approved by the board. Outdated and obsolete language is removed that can be found on page 4, lines 3 -9 of this bill. Added to subsection (3) of this section is language that would require that a physical therapist or physical therapist assistant pass a test demonstrating competency of the English language only if their program was taught in a foreign language. Subsection (4) requires that a foreign-educated applicant is a legal alien or a U.S citizen. Subsection (7) requires them to pay the required fee and meet any other qualifications for licensure set by the board under 08.84.010(b). All the above changes in Section 3 are replicated for occupational therapists or occupational therapy assistants on page 4, lines 27-31 and over to page 5, lines 1-22. Section 4 AS 08.84.060. Licensure by acceptance of credentials. Makes conforming terminology changes. Section 5 AS 08.84.065(c). Temporary changes. Makes conforming terminology changes. Section 6 AS 08.84.075(b). Limited permit. Makes conforming terminology changes. Section 7 AS 08.84.075(c). Limited permit. Changes language that would now require that a limited permit is valid for 120 consecutive days. Section 8 AS 08.84.075(d). Limited permit. Allows only one limited permit per 12-month period. Section 9 AS 08.84.090. Licensure. Updates licensure terminology. Section 10 AS 08.84.120(a). Refusal, revocation, and suspension of license. Adds disciplinary action as a possibility to actions a board might consider for an infraction of their licensure and updates terminology in item (7) and states in (9) that failure to comply with the law or regulations or order of the board might result in disciplinary action or suspension of a license. Section 11 AS 08.04.130(a). False claim of license prohibited. Adds updated credentialing and terminology. Section 12 AS 08.84.130(b). False claim of license prohibited. Updates terminology. Section 13 AS 08.84.190. Definitions. Adds a new paragraph defining the updated term "physical therapist assistant." Section 14 AS 11.41.470(1). Definitions. Updates definitions in criminal law/sexual assault statute. Section 15 AS 47.17.290(14). Definitions. Updates terminology under definitions in child protection statute. Section 16 AS 08.84.190(7). Definitions. Repeals subsection (7), which is the definition using outdated term of physical therapy assistant; according to Leg. Legal, when the actual "term" used for the definition is being changed, the entire citing must be repealed. The new definition is set out on page 8, Section 13, lines 11-14. Section 17 Applicability Sets out the applicability clauses for licensure for sections 2 and 3 of this Act and for sections 7 and 8. Section 18 Uncodified law Transition language for the board vacancy and appointments for the PT/OT board, and states that the changes do not apply to current licensees until it is time for their licensure renewal and then all changes to the law will apply. Representative Merrick recognized that Representative Carpenter had joined the meeting. 9:09:21 AM Representative Josephson asked if the bill would remove the need for a referral from a physician or whether it was already in law. Rep. Claman indicated it was already in law. Representative Josephson asked if referrals were done. Representative Claman replied that a referral was not required to see a physical therapist or required by insurance. He shared a personal experience related to the topic. He thought it had been 30 years since a referral was required. Representative Merrick indicated there was an invited testifier online. She invited her to place herself on the record. DR. LEEANNE CARROTHERS, ALASKA GOVERNMENT AFFAIRS LIASON, ALASKA PHYSICAL THERAPY ASSOCIATION (via teleconference), was available for questions. Representative Merrick conveyed that Representative Wool had joined the meeting. The committee would continue hearing HB 99 at a later meeting. HB 99 was HEARD and HELD in committee for further consideration. 9:11:50 AM AT EASE 9:12:33 AM RECONVENED