SHES - 2/15/95 SB 58 USE OF TITLE "INDUSTRIAL HYGIENIST"  Number 004 CHAIRMAN GREEN called the Senate Health, Education and Social Services (HESS) Committee to order at 9:06 a.m. She introduced SB 58 as the first order of business before the committee. SENATOR LEMAN, Prime Sponsor, noted that he had introduced this legislation for the Midnight Sun Section of the American Industrial Hygiene Association. There have been cases in which individuals have used the title "industrial hygienist" when they are not qualified as such. The profession of industrial hygiene is a cross disciplinary field. He explained that SB 58 makes using the title "industrial hygienist" an unfair trade practice if the individual is not qualified as such. Other states have such legislation. ERIN TRIPPLER, Director of Government Affairs at the American Industrial Hygiene Association (AIHA), emphasized the need for this legislation in order to protect the health and safety of employees, their families and the community. He pointed out that California, Tennessee, and Illinois have similar legislation while many other states are preparing similar legislation. He inquired as to the language in SB 58 which would make the use of the title by an unqualified person an unfair business practice. He noted that the legislation could add an exclusionary clause to ensure that the legislation would not infringe on other professions. Number 103 SENATOR LEMAN clarified that the bill refers to Alaska Statutes which address Mr. Trippler's concern regarding the unfair business practice portion of the legislation. The title protection would be added to the list in statutes. SENATOR SALO asked for examples of other items under this statute. SENATOR LEMAN listed telephonic solicitations, hearing aides, Alaska gasoline products, and many others. ERIN TRIPPLER said the title protection that SB 58 provides for industrial hygienists is used nationwide for professions such as waste water treatment operators, CPAs, physician assistants, nursing assistants, and many others. SENATOR SALO expressed confusion with the purpose of SB 58. There are licensing standards of practice for various occupations, but SB 58 would amend the portion of law dealing with misrepresentation. She asked if the purpose of the bill was to eliminate persons misrepresenting themselves as qualified industrial hygienists. Is there another section of law that licenses persons in industrial hygiene? SENATOR LEMAN explained that industrial hygienists are not licesnsed in Alaska and SB 58 would not create a licensure for them. SB 58 protects the use of the title "industrial hygienist" for those who are qualified through the national system. SENATOR SALO seemed perplexed that industrial hygienists are not licesensed in Alaska, but that this legislation would make the misrepresentation of that title illegal. She asked what the Council on Postsecondary Accreditation referred to in the bill. ERIN TRIPPLER explained that the council was a national accreditation group for postsecondary education. In response to Senator Salo, ERIN TRIPPLER said that the industrial hygiene association does not require that their professionals be licensed. The association chose the option of title protection. The American Board for Idustrial Hygiene handles the certification of these professionals. Mr. Trippler pointed out that there are very few professions that are licensed in the United States. Number 234 JEFF CARPENTER, member of the Midnight Sun Section of AIHA, specified that an industrial hygienist's job is to recognize and anticipate health hazards in the work place and then implement strategies to control the situation. He expressed concern with the lack of understanding of this profession. In response to Chairman Green, Mr. Carpenter explained that an industrial hygienist would be hired by a company as a consultant or part of a larger team. He noted that industrial hygienists are part of government agencies who would assist employers with compliance of regulations as well as enforce the regulations. SENATOR LEMAN spoke to Senator Salo's comment regarding creating a crime. He explained that in Alaska statutes under Unlawful Acts and Practices, the Attorney General, on the state's behalf, can request a restraining order. Violation of the restraining order could lead to a civil penalty not to exceed $5,000 per violation. He suggested that in most cases a letter would be sent from the Attorney General to the violator requesting they stop using the title. PENNY GOODSTEIN, member of the Midnight Sun Section of the AIHA, reiterated that this is a public health issue. Misrepresentation of the title could cost industry and harm workers. She pointed out that industrial hygienists deal with asbestos and hazardous waste disposal which have public health implications. She expressed the need to stop the misuse of the term because it denotes a certain amount of knowledge. CHAIRMAN GREEN asked if anyone could give an example of substantial loss sustained from misrepresentation of the title. PENNY GOODSTEIN recounted a case in which an individual had instructed employees to wear the incorrect respirator on a hazardous waste site. This could have been a harmful situation. SENATOR MILLER moved that SB 58 be moved out of committee with individual recommendations. Without objection, it was so ordered.