CS FOR SENATE BILL NO. 152(L&C) "An Act relating to certified nurse aides; and providing for an effective date." Co-chair Sharp introduced SB 152. Annette Kritzer, staff to Senator Leman was invited to join the committee. She explained the sections outlined in the CS. Page 4 indicated the grounds for denial or suspension. Section 6 defined nurse's aide. She also explained the administrative procedure act. Senator Adams asked why section 16 of the original bill had been deleted and Ms. Kritzer advised that it had been deleted at the request of the Department of Health and Social Services. Senator Parnell asked about sections on page 6 and 7 and Ms. Kritzer advised those were two different sections. Senator Phillips asked what problems had arisen in the past that the Alaska Nurses' Association could not handle. Ms. Kritzer said that there would be no recourse if a certified nurse's aide committed abuse or neglect. Mr. Ron Cowan, Division of Medical Assistance, Department of Health and Social Services testified via teleconference from Anchorage. He explained the abuse problems for the committee. Senator Adams asked the department's position on amendment #1. Mr. Cowan responded indicating there usually would be one or two witnesses to an aide being accused of neglect or abuse. Senator Parnell moved amendment #1 and without objection it was adopted. Dorothy Fulton, Executive Director, Alaska Nurses' Association testified via teleconference from Anchorage. She explained the process of action taken against a certified nurses' aide. A full investigation would be undertaken. Senator Phillips asked when the accused could defend themselves. Ms. Fulton explained the accused worked with the investigator and could hire an attorney at any time. Catherine Reardon, Director, Division of Occupational licensing, Department of Commerce and Economic Development was invited to join the committee. She said the Attorney General must approve the filing of an accusation letter. A hearing office would be then appointed to hear the matter and make recommendations. In response to a question by Senator Phillips she noted there were only three suspensions in the last two years. Co-chair Sharp asked if there would be any increased liability to medicaid or medicare. Ms. Kritzer advised there would not. Senator Donley asked the duties of certified nurses' aides and who set the standards. Ms. Kritzer said the board of the Nurses' Association set the standards and duties. Senator Donley asked the difference between nurse, nurse Physician/Practitioner and nurses' aide. Ms. Fulton outlined the duties of each. Senator Donley asked if a nurses' aide was allowed to draw blood. Ms. Fulton explained that was the duty of a phlebotomist. However, a nurses' aide could or could not be a trained phlebotomist. She said there were no standards for training a phlebotomist. Senator Donley voiced his concern regarding this situation. Ms. Fulton agreed saying this had been an on-going problem at least forty years that she knew about. Senator Donley said he was also concerned that a new status was being created, replacing real nurses with certified aides. Mr. Cowan said this would fall into his licensing category. Nurses' aides were relatively new to Alaska. At present only certified nurses' aides could be hired and there was no specific staff ratio. It was felt that if the needs of patients were being met then there was no concern for the nurse/patient ratio. The situation had been dealt with appropriately and he specifically asked Senator Donley or anyone else to report any misuse they may be aware of. Ms. Reardon said there was no mandatory license law but it was a federal requirement for nursing homes that nurses' aides be certified. Senator Parnell moved CSSB 152(FIN) with individual recommendations and accompanying fiscal notes and without objection it was reported out.