ALASKA STATE LEGISLATURE                                                                                  
 HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                         March 20, 2007                                                                                         
                           3:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Peggy Wilson, Chair                                                                                              
Representative Bob Roses, Vice Chair                                                                                            
Representative Anna Fairclough                                                                                                  
Representative Mark Neuman                                                                                                      
Representative Paul Seaton                                                                                                      
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Senator Johnny Ellis                                                                                                            
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 135                                                                                                              
"An  Act  establishing a  higher  education  savings program  for                                                               
eligible  children who  were placed  in out-of-home  care by  the                                                               
state;   and  providing   for   confidentiality  of   identifying                                                               
information of a beneficiary under the program."                                                                                
                                                                                                                                
     - MOVED CSHB 135(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 178                                                                                                              
"An Act relating to the Governor's Committee on Employment of                                                                   
People with Disabilities; and providing for an effective date."                                                                 
                                                                                                                                
     - MOVED CSHB 178(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 113                                                                                                              
"An Act relating to the prescription and use of pharmaceutical                                                                  
agents, including controlled substances, by optometrists."                                                                      
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 173                                                                                                              
"An Act relating to court approval of involuntary administration                                                                
of psychotropic medication; and providing for an effective                                                                      
date."                                                                                                                          
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 135                                                                                                                  
SHORT TITLE: TUITION FOR CERTAIN CHILDREN                                                                                       
SPONSOR(s): REPRESENTATIVE(s) STOLTZE                                                                                           
                                                                                                                                
02/14/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/07       (H)       HES, FIN                                                                                               
03/20/07       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 178                                                                                                                  
SHORT TITLE: EMPLOYM'T OF PEOPLE W/ DISABILITIES COM.                                                                           
SPONSOR(s): HEALTH, EDUCATION & SOCIAL SERVICES                                                                                 
                                                                                                                                
03/05/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/05/07       (H)       HES, FIN                                                                                               
03/20/07       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 113                                                                                                                  
SHORT TITLE: OPTOMETRISTS' USE OF PHARMACEUTICALS                                                                               
SPONSOR(s): REPRESENTATIVE(s) SAMUELS                                                                                           
                                                                                                                                
01/30/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/30/07       (H)       HES, L&C                                                                                               
03/20/07       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ROBERT FOOTE-JONES, Staff                                                                                                       
to Representative Bill Stoltze                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 135 on behalf of                                                                              
Representative Bill Stoltze, sponsor.                                                                                           
                                                                                                                                
JIM LYNCH, Associate Vice President                                                                                             
Statewide Administration                                                                                                        
University of Alaska                                                                                                            
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 135.                                                                    
                                                                                                                                
MICHAEL CURRAN, Program Coordinator                                                                                             
Office of Faith-Based and Community Initiatives (FBCI)                                                                          
Office of the Commissioner                                                                                                      
Department of Health & Social Services (DHSS)                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 135.                                                                            
                                                                                                                                
CHIP WAGONER, Executive Director                                                                                                
Alaska Conference of Catholic Bishops                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 135.                                                                            
                                                                                                                                
MIKE LESMANN, Community Relations Manager                                                                                       
Office of Children's Services (OCS)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing of HB 135.                                                                    
                                                                                                                                
ROBERT MYERS, Intern                                                                                                            
to Representative Peggy Wilson                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 178, on behalf of                                                                             
Representative Peggy Wilson, sponsor.                                                                                           
                                                                                                                                
GALE SINNOTT, Director                                                                                                          
Statewide Programs                                                                                                              
Division of Vocational Rehabilitation                                                                                           
Department of Labor & Workforce Development (DLWD)                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 178.                                                                    
                                                                                                                                
PAULA SCAVERA, Special Assistant                                                                                                
Office of the Commissioner                                                                                                      
Department of Labor & Workforce Development                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 178                                                                     
                                                                                                                                
SYDNEY MORGAN, Staff                                                                                                            
to Representative Ralph Samuels                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the Committee Substitute for HB                                                                  
113 on behalf of Representative Ralph Samuels, prime sponsor.                                                                   
                                                                                                                                
CINDY BRADFORD, Doctor of Ophthalmology                                                                                         
American Academy of Ophthalmology;                                                                                              
Assistant Professor,                                                                                                            
Dean A. McGee Eye Institute                                                                                                     
Department of Ophthalmology                                                                                                     
University of Oklahoma Health Center                                                                                            
University of Oklahoma                                                                                                          
Oklahoma City, Oklahoma                                                                                                         
POSITION STATEMENT:  Testified in opposition to HB 113.                                                                         
                                                                                                                                
LESLEY L. WALLS, Doctor of Optometry;                                                                                           
Doctor of Medicine;                                                                                                             
President                                                                                                                       
Southern California College of Optometry                                                                                        
Fullerton, California                                                                                                           
POSITION STATEMENT:  Testified in support of HB 113.                                                                            
                                                                                                                                
MICHAEL BENNETT, Doctor of Optometry;                                                                                           
President                                                                                                                       
Alaska Optometric Association                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 113.                                                                            
                                                                                                                                
BOB LOESCHER                                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to HB 113.                                                                         
                                                                                                                                
JILL GEERING MATHESON, Doctor of Optometry;                                                                                     
Chair                                                                                                                           
Alaska Board of Examiners in Optometry                                                                                          
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Speaking  as an  individual, testified  in                                                               
support of HB 113.                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR PEGGY WILSON called the  House Health, Education and Social                                                             
Services  Standing  Committee meeting  to  order  at 3:02:56  PM.                                                             
Representatives  Wilson,  Seaton,   Roses,  and  Fairclough  were                                                               
present at  the call to  order.  Representatives  Neuman, Cissna,                                                               
and Gardner arrived as the meeting was in progress.                                                                             
                                                                                                                                
HB 135-TUITION FOR CERTAIN CHILDREN                                                                                           
                                                                                                                                
3:03:08 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
HOUSE  BILL  NO. 135  "An  Act  establishing a  higher  education                                                               
savings program for eligible children  who were placed in out-of-                                                               
home  care by  the state;  and providing  for confidentiality  of                                                               
identifying information of a beneficiary under the program."                                                                    
                                                                                                                                
3:05:00 PM                                                                                                                    
                                                                                                                                
ROBERT FOOTE-JONES, Staff to  Representative Bill Stoltze, Alaska                                                               
State Legislature,  introduced HB 135  on behalf of  the sponsor.                                                               
Mr.  Foote-Jones  informed  the  committee   that  HB  135  is  a                                                               
companion bill to SB 76, sponsored  by Senator Johnny Ellis.  The                                                               
bill  will  assist  children  in foster  care  to  attain  higher                                                               
education through  the ASPIRE  program, which  is an  acronym for                                                               
Alaska's   youth  Succeed   when  People   Invest  Resources   in                                                               
Education.    This  legislation will  allow  churches,  community                                                               
organizations,   nonprofits,  businesses,   and  individuals   to                                                               
establish  education  savings  accounts for  children  in  foster                                                               
care.   The  bill authorizes  the Office  of Children's  Services                                                               
(OCS), Department of Health &  Social Services (DHSS), to release                                                               
necessary  information to  the Alaska  Office of  Faith-Based and                                                               
Community Initiatives (FBCI)  in order to open  a state sponsored                                                               
University of  Alaska (UA) Section 529,  Internal Revenue Service                                                               
college saving plan in the name of the foster child.                                                                            
                                                                                                                                
MR.  FOOTE-JONES  explained  that  the  funds  can  be  used  for                                                               
educational or vocational training, in  addition to tuition.  The                                                               
beneficiaries of  this program  will be chosen  by OCS  for their                                                               
age and  the length of  time, over a  minimum of two  years, that                                                               
they have been in foster care.   Mr. Foote-Jones explained that a                                                               
foster child is  "aged out" of the state's custody  at the age of                                                               
18, without further support from the  state.  He pointed out that                                                               
children in  foster care  most likely have  no chance  to further                                                               
their education.                                                                                                                
                                                                                                                                
3:07:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  asked whether  the  sponsor  has been  in                                                               
contact with  the Annie E.  Casey Foundation or the  Alaska Court                                                               
System, which is working on a related program.                                                                                  
                                                                                                                                
MR. FOOTE-JONES replied no.                                                                                                     
                                                                                                                                
3:08:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER   stated  that  this  could   be  a  very                                                               
important program.   Reaching the age of 18 does  not mean that a                                                               
child is ready  for independence.  She asked whether  the FBCI or                                                               
the OCS has issued an opinion on this bill.                                                                                     
                                                                                                                                
MR.  FOOTE-JONES replied  that  the FBCI  is  represented at  the                                                               
hearing.                                                                                                                        
                                                                                                                                
3:09:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA asked whether  the savings account could be                                                               
used  at  an  institution  of  higher  learning  other  than  the                                                               
University of Alaska.                                                                                                           
                                                                                                                                
MR.  FOOTE-JONES answered  that this  fund is  available for  any                                                               
educational purpose until the beneficiary reaches the age of 30.                                                                
                                                                                                                                
3:10:37 PM                                                                                                                    
                                                                                                                                
JIM  LYNCH, Associate  Vice President,  Statewide Administration,                                                               
University of  Alaska (UA), stated  his support  for HB 135.   He                                                               
noted that the acronym for the  program is ASPIRE, and it holds a                                                               
similar  goal  as the  general  UA  college savings  program  for                                                               
Alaska youth  and their families.   Mr. Lynch expressed  his hope                                                               
that all  Alaska students  expect to  continue to  post secondary                                                               
education after graduation from high  school.  He relayed that 50                                                               
percent of  the children  in foster care  are from  middle income                                                               
families  and many  of  these children  come  from families  with                                                               
lower  incomes,  and where  the  parents  may  not have  been  to                                                               
college.   It allows the student,  from an early age,  to plan to                                                               
go to college.   Mr. Lynch concluded by pointing  out that if the                                                               
funds are not  utilized by one student, the account  will  be re-                                                               
directed to another foster child.                                                                                               
                                                                                                                                
3:13:36 PM                                                                                                                    
                                                                                                                                
MICHAEL CURRAN,  Program Coordinator,  Office of  Faith-Based and                                                               
Community  Initiatives   (FBCI),  Office  of   the  Commissioner,                                                               
Department  of  Health  &  Social  Services  (DHSS),  stated  his                                                               
support  for  HB 135,  paraphrasing  from  a prepared  statement,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     As a worker for  social justice and community building,                                                                    
     an ordained priest, and former  teacher for over twenty                                                                    
     years in  the rural,  remote, and small  communities of                                                                    
     Alaska, I  am very  aware of  the challenges  that face                                                                    
     our youth in out-of-home care.                                                                                             
                                                                                                                                
      Prior to my position with the Alaska Office of Faith-                                                                     
       Based and Community Initiatives I was an Associate                                                                       
      Coordinator to the Program Director for the State of                                                                      
     Alaska,  Head  Start  program with  the  Department  of                                                                    
     Education and  Early Development.   A great deal  of my                                                                    
     time   was   spent   doing  research   concerning   the                                                                    
     transition of  young foster  children's care  in foster                                                                    
     homes  and out-of-home  care to  their  lives of  self-                                                                    
     sufficiency.   As a teacher,  there were  many students                                                                    
     in my  classrooms that were  living in foster  care and                                                                    
     were  about to,  or  had  transitioned to,  independent                                                                    
     living outside their small communities.   In my life as                                                                    
     a  parish  priest  I   had  opportunities  in  private,                                                                    
     congregational  and  community   ministries  to  pastor                                                                    
     families who cared for foster  children and also to the                                                                    
     foster children who "aged-out" of foster care.                                                                             
                                                                                                                                
     My  experiences and  my  research  revealed that  those                                                                    
     youth  who did  age  out of  foster  care versus  their                                                                    
     counterparts who  were not  a part  of the  foster care                                                                    
     system,  all   faced  higher   risks  and   the  actual                                                                    
     experiences  of  homelessness, unemployment,  financial                                                                    
     hardships,   diminished   physical   health,   criminal                                                                    
     behaviors, psycho-social  disorders, suicide  and lower                                                                    
     achievements in education.                                                                                                 
                                                                                                                                
     Most of these precious  children (young adults) want to                                                                    
     pursue  (ASPIRE to)  education beyond  high school  but                                                                    
     the  financial roadblocks  are too  great  for them  to                                                                    
     even  begin, let  alone complete  a higher  educational                                                                    
     degree.    Many  studies  have  shown  that  nearly  75                                                                    
     percent of these young adults  must abandon the idea of                                                                    
     pursuing a degree or complete it.                                                                                          
                                                                                                                                
     This  proposed  House Bill,  HB  135,  and its  program                                                                    
     would  effectively address  this  challenge that  these                                                                    
     young people  face.  It  is a program that  would bring                                                                    
     the guiding  principal of real community  together.  It                                                                    
     would   give   the    ability   and   opportunity   for                                                                    
     individuals,  faith-based   organizations,  businesses,                                                                    
     civic groups  and other organizations to  invest in our                                                                    
     most precious commodity, the youth  of our State.  They                                                                    
     are  our future.   This  proposal will  enable them  to                                                                    
     fulfill their dreams and live  productive lives.  These                                                                    
     youth  are  our future  investment  who  will in  turn,                                                                    
     fulfill the visions of our great State.                                                                                    
                                                                                                                                
3:18:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  how  much of  the  total budget  of                                                               
$41,000 will be targeted for television advertising.                                                                            
                                                                                                                                
MR. CURRAN responded that the  administration of the program will                                                               
take 25 percent of the  time of the existing program coordinator.                                                               
He stated  that $20 per  year is estimated for  contractual funds                                                               
to print brochures and support a promotional effort.                                                                            
                                                                                                                                
REPRESENTATIVE  SEATON   observed  that  the  amount   should  be                                                               
$20,000.                                                                                                                        
                                                                                                                                
MR. CURRAN agreed that there must be a misprint.                                                                                
                                                                                                                                
REPRESENTATIVE   SEATON  again   asked  whether   the  television                                                               
advertising is included.                                                                                                        
                                                                                                                                
MR. CURRAN said that he did not know.                                                                                           
                                                                                                                                
3:19:48 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON pointed  out that the fiscal  note indicates $20,000                                                               
per year for contractual funds.                                                                                                 
                                                                                                                                
3:20:13 PM                                                                                                                    
                                                                                                                                
CHIP WAGONER,  Executive Director, Alaska Conference  of Catholic                                                               
Bishops,  stated  his organization's  support  for  HB 135.    He                                                               
informed the committee  that, as an advocate  for many children's                                                               
services,  he  has testified  in  support  of many  state  funded                                                               
programs  for  the  poor.   Mr.  Wagoner  acknowledged  that  the                                                               
government can not  provide all of the services to  the poor that                                                               
are needed  and that  this bill will  provide an  opportunity for                                                               
individuals, under the obligation of  their faith, to support the                                                               
poor.   It is very important,  Mr. Wagoner added, to  market this                                                               
program  so   individuals  are  aware   of  the   opportunity  to                                                               
participate in supporting educational goals for foster children.                                                                
                                                                                                                                
3:22:25 PM                                                                                                                    
                                                                                                                                
MIKE LESMANN,  Community Relations Manager, Office  of Children's                                                               
Services (OCS),  Department of Health  & Social  Services (DHSS),                                                               
stated  support  for   HB  135  on  behalf   of  the  department,                                                               
paraphrasing  from a  prepared statement,  which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     The department supports HB 135 and would like to thank                                                                     
      the sponsor for introducing this idea to members of                                                                       
     the House.   We have worked closely  with Senator Ellis                                                                    
     and his staff  on the language of  the Senate's version                                                                    
     of this bill.  Children  that become wards of the State                                                                    
     are  sometimes not  financially prepared  to enroll  in                                                                    
     post-secondary educational  opportunities.   The ASPIRE                                                                    
     program would create the  potential for their community                                                                    
     to assist them  in that endeavor.  If  you believe that                                                                    
     the   young  are   our   future,   this  is   important                                                                    
     legislation to all Alaskans.                                                                                               
                                                                                                                                
3:23:32 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  asked  whether a  foster  child's  Permanent  Fund                                                               
Dividend (PFD) will be deposited to the savings account.                                                                        
                                                                                                                                
MR. LESMANN  replied that  children in  state custody  have their                                                               
PFD  directed to  a trust  fund  each year.   When  the child  is                                                               
emancipated or  released to their  family, guardian,  or adoptive                                                               
family, the  PFD is  released to  them.  He  opined that  the PFD                                                               
will not be deposited to the college savings account.                                                                           
                                                                                                                                
3:24:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  referred to  the  fiscal  note and  asked                                                               
whether  the estimated  cost is  just  to keep  a central  office                                                               
open.                                                                                                                           
                                                                                                                                
MR.  LESMANN   opined  that  one   FBCI  staff  person   will  be                                                               
administering the  program and the  $20,000 will be  dedicated to                                                               
marketing.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  NEUMAN  asked  how  many  young  adults  will  be                                                               
affected by this bill.                                                                                                          
                                                                                                                                
MR.  LESMANN  answered  that  approximately  2,100  children  are                                                               
placed  in  state custody  outside  of  their  homes.   Of  those                                                               
children, he said, 96 will attain the age of 18 as of 08/01/07.                                                                 
                                                                                                                                
3:27:05 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON noted  that  this would  be  approximately 100  per                                                               
year.                                                                                                                           
                                                                                                                                
MR.  LESMANN  affirmed  that  the number  of  children  in  state                                                               
custody changes  daily, but it could  be around 100 per  year who                                                               
age-out of the system.                                                                                                          
                                                                                                                                
3:27:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked whether a  provision will be made to                                                               
allow the beneficiary of the program to meet his/her sponsor.                                                                   
                                                                                                                                
MR. LESMANN  answered that  the bill directs  FBCI, OCS,  and the                                                               
Division of  Juvenile Justice (DJJ),  to administer  the program.                                                               
He opined that this idea has  been discussed and will require the                                                               
agreement of the donor.                                                                                                         
                                                                                                                                
3:29:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked whether these savings  accounts will                                                               
be held  for children who  are adopted, and whether  the adoptive                                                               
parents will have access to the savings.                                                                                        
                                                                                                                                
                                                                                                                                
MR. LYNCH responded  that a determination on this  issue would be                                                               
made by the  director of the department at the  time.  He advised                                                               
that the state is the owner of the account.                                                                                     
                                                                                                                                
CHAIR WILSON  asked whether the  details are still  fluid because                                                               
the regulations have not been written.                                                                                          
                                                                                                                                
MR.  LYNCH replied  that  the  state will  be  the  owner of  the                                                               
account  and UA  will follow  the directions,  provided by  DHSS,                                                               
regarding the distribution of the funds.                                                                                        
                                                                                                                                
3:31:41 PM                                                                                                                    
                                                                                                                                
MR. LESMANN  added that two  possibilities have  been envisioned.                                                               
One is  the possibility that  the donor will know  the recipient.                                                               
The donor  could be a neighbor  of the foster parent.   Thus, the                                                               
donor  may specify  a certain  child as  the recipient.   Another                                                               
possibility is of  a child who is aging out  of the state system,                                                               
who  has been  achieving academically,  and who  does not  have a                                                               
sponsor.  This child could be  identified by the state and become                                                               
a  recipient.   He  opined  that  there is  not  an  age or  time                                                               
specified for the release of the savings account.                                                                               
                                                                                                                                
3:33:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  called the  committee's attention  to page                                                               
2,  lines 19  and 20,  of  the bill  and  said that  there is  no                                                               
indication that  the account is  only to be used  for educational                                                               
purposes.   He  suggested that,  as  this bill  goes forward,  it                                                               
should  be made  clear  that these  funds can  only  be used  for                                                               
education, and the donor should be confident of that purpose.                                                                   
                                                                                                                                
3:35:38 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  asked whether a group  of people could donate  to a                                                               
child, even if the program was not already established.                                                                         
                                                                                                                                
MR.  LESMANN  told  the  committee  that  community  members  can                                                               
specify a child  as a recipient and donations can  be directed to                                                               
that child.   However,  information about  the child,  or donors,                                                               
can  not  be  disclosed  unless  HB 135  passes  and  amends  the                                                               
existing statute.                                                                                                               
                                                                                                                                
3:37:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  commented  that   it  is  important  that                                                               
educational  opportunities  are  made available  to  children  in                                                               
foster care.   She then  asked what  safeguards have been  put in                                                               
place  to ensure  that foster  children aging  out of  the system                                                               
have the educational "pieces" in  place to benefit from this type                                                               
of  program.   She advised  that children  in state  custody need                                                               
extra  oversight  due  to unintended  consequences  that  can  be                                                               
brought to bear by foster  parents with ill will.  Representative                                                               
Cissna said  that, in her  experience, foster children  are known                                                               
targets  and  are vulnerable  to  abuse  by  adults.   She  asked                                                               
whether the department will be  able protect them, and direct the                                                               
savings accounts to them, simultaneously.                                                                                       
                                                                                                                                
3:40:39 PM                                                                                                                    
                                                                                                                                
MR. LESMANN said that he could not answer that question.                                                                        
                                                                                                                                
REPRESENTATIVE  CISSNA stated  that her  confidence in  this bill                                                               
would be raised  if the sponsors consult with the  Annie E. Casey                                                               
Foundation and the judicial system.                                                                                             
                                                                                                                                
3:41:40 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  observed that the money  does not go into  the hand                                                               
of  a  recipient  or  a   foster  parent,  but  directly  to  the                                                               
educational institution.                                                                                                        
                                                                                                                                
3:42:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  added that  there is  also the  question of                                                               
what happens  to the money if  the recipient does not  attend the                                                               
school.   He  then called  the committee's  attention to  page 3,                                                               
line 1  and 2,  that defines  "out-of-home care"  as care  at the                                                               
residence or  facility at which a  child is placed by  the state.                                                               
Representative  Roses clarified  that  this  definition does  not                                                               
include  every child  attending  the residential  program at  Mt.                                                               
Edgecumbe High School.                                                                                                          
                                                                                                                                
MR. LESMANN said, "That is correct."                                                                                            
                                                                                                                                
3:43:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  added that a  child is not placed  at Mt.                                                               
Edgecumbe, but is accepted or enrolled.   She went on to say that                                                               
marketing the needs  of a child may result in  many donations for                                                               
that  child.   In  addition, the  needs  of a  child  in a  small                                                               
community  may be  well known  to  community members.   In  those                                                               
cases, a child may be over  sponsored, and others may be eligible                                                               
but not have  sponsors.  The distribution of  donations should be                                                               
fair under any circumstances.                                                                                                   
                                                                                                                                
MR. LESMANN  acknowledged that the  details of  administering the                                                               
program are  not fully  established.   However, if  an individual                                                               
has  an account  which is  already well  endowed, the  department                                                               
will need to inform the donor.                                                                                                  
                                                                                                                                
3:45:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH asked  whether there  are contribution                                                               
incentives for the donors.                                                                                                      
                                                                                                                                
MR.  LYNCH replied  that if  a contribution  is properly  made it                                                               
would qualify for a federal tax deduction.                                                                                      
                                                                                                                                
3:46:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA observed  that  many  foster children  are                                                               
placed  in the  Lower 48  with relatives.   She  asked whether  a                                                               
foster child housed outside of Alaska is considered a resident.                                                                 
                                                                                                                                
MR. LESMANN expressed his understanding  that a ward of the state                                                               
of Alaska  remains a  resident, even when  placed outside  of the                                                               
state.                                                                                                                          
                                                                                                                                
3:47:53 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
3:48:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  that  the sponsor  ensure that  the                                                               
donations can only be used for educational purposes.                                                                            
                                                                                                                                
[The sponsor indicated his agreement from the gallery.]                                                                         
                                                                                                                                
REPRESENTATIVE  CISSNA asked  for confirmation  that the  sponsor                                                               
will contact the Annie E. Casey Foundation.                                                                                     
                                                                                                                                
[The sponsor indicated his agreement from the gallery.]                                                                         
                                                                                                                                
3:50:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  moved to adopt CSHB  135, 25-LS0592\C,                                                               
as the working document.                                                                                                        
                                                                                                                                
[Although  not   formally  stated,  Version  C   was  before  the                                                               
committee.]                                                                                                                     
                                                                                                                                
3:50:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER moved  to report CSHB 135,  Version C, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB                                                               
135(HES)  was reported  out of  the House  Health, Education  and                                                               
Social Services Standing Committee.                                                                                             
                                                                                                                                
HB 178-EMPLOYM'T OF PEOPLE W/ DISABILITIES COM.                                                                               
                                                                                                                                
3:51:29 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL NO. 178, "An  Act relating to the Governor's Committee                                                               
on Employment of  People with Disabilities; and  providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
3:51:32 PM                                                                                                                    
                                                                                                                                
ROBERT MYERS,  Intern to  Representative Peggy  Wilson, presented                                                               
HB 178,  on behalf of  the sponsor, paraphrasing from  a prepared                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
      We have brought HB 178 before you as a request from                                                                       
      the Governor's Council on Employment of People with                                                                       
     Disabilities.   Congress  has changed  the requirements                                                                    
     for  these  committees,  and  we  need  to  change  our                                                                    
     statute  to  comply in  order  to  continue to  receive                                                                    
     federal  money for  the program.   Their  budget is  70                                                                    
     percent federal, so this is important to them.                                                                             
                                                                                                                                
     Sections 1 and 5 are for  a name change.  They add "and                                                                    
     Rehabilitation" to the title of the committee.                                                                             
                                                                                                                                
     Sections  2 through  4 gives  the  changes required  to                                                                    
     bring  us  into compliance  with  federal  law.   These                                                                    
     provisions  include allowing  for  more  people on  the                                                                    
     council,  the selection  of  committee  members as  per                                                                    
     federal  statute,  an  elected  rather  than  appointed                                                                    
     chair, and new requirements for meetings.                                                                                  
                                                                                                                                
     Section 6 gives the bill an immediate effective date.                                                                      
                                                                                                                                
3:53:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  called the  committee's attention  to page                                                               
2, line 19  and 20, and asked for clarification  of the number of                                                               
meetings to be attended in person.                                                                                              
                                                                                                                                
CHAIR WILSON  responded that  one meeting  per year  will include                                                               
all  members in  person, and  the  other three  meetings will  be                                                               
teleconferenced.                                                                                                                
                                                                                                                                
MR. MYERS affirmed Representative Wilson's interpretation.                                                                      
                                                                                                                                
3:54:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  whether there  is  an  enforceable                                                               
penalty   for  non-compliance   of  attendance   requirements  by                                                               
members.                                                                                                                        
                                                                                                                                
3:54:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  acknowledged  that  attendance  for  any                                                               
committee is difficult.                                                                                                         
                                                                                                                                
3:55:45 PM                                                                                                                    
                                                                                                                                
GALE   SINNOTT,  Director,   Statewide   Programs,  Division   of                                                               
Vocational  Rehabilitation,  Department   of  Labor  &  Workforce                                                               
Development,   stated   that   members  are   allowed   to   meet                                                               
telephonically three times per year, and meet once face-to-face.                                                                
                                                                                                                                
3:56:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  offered [Conceptual Amendment 1]  for page                                                               
2, line  20, and strike  the words  "all members attend  the" and                                                               
substitute, after shall, "be a meeting in person."                                                                              
                                                                                                                                
CHAIR WILSON suggested inserting "shall be a group meeting."                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  noted that  the  drafters  can correct  a                                                               
conceptual amendment.                                                                                                           
                                                                                                                                
3:57:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  expressed her opinion that  there is a                                                               
contradiction.   The language could  be interpreted to  mean that                                                               
each member must attend at least one meeting in person.                                                                         
                                                                                                                                
MS. SINNOTT  confirmed that the  members meet four times  a year,                                                               
in fact, it does not  specify in federal regulations that members                                                               
meet  telephonically or  face-to-face.   She  suggested that  the                                                               
entire sentence be deleted.                                                                                                     
                                                                                                                                
CHAIR WILSON  stated that if  the federal guidelines  require one                                                               
face-to-face  meeting  per year  this  language  should stay  for                                                               
funding purposes.                                                                                                               
                                                                                                                                
3:59:07 PM                                                                                                                    
                                                                                                                                
PAULA  SCAVERA, Special  Assistant, Office  of the  Commissioner,                                                               
Department  of   Labor  &  Workforce  Development,   stated  that                                                               
Conceptual Amendment 1 was the  original language provided to the                                                               
drafters and it was removed.   Ms. Scavera said that she informed                                                               
the drafters  that three  meetings could  be telephonic,  but one                                                               
meeting per year should be face-to-face and with a quorum.                                                                      
                                                                                                                                
4:00:04 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON objected to Conceptual Amendment 1.                                                                                
                                                                                                                                
4:00:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH remarked:                                                                                             
                                                                                                                                
     ... there are exceptions where  people will not be able                                                                    
     to  be at  the  meeting  and so  they  may designate  a                                                                    
     meeting that is, this is  the in person meeting, and be                                                                    
     able  to offer  travel arrangements  but the  agreement                                                                    
     between the  parties that are serving  on the committee                                                                    
     is that  if they  don't make it  by chance,  they would                                                                    
     show up  to a different  meeting and  be flown in  to a                                                                    
     different meeting,  if necessary,  to meet the  one per                                                                    
     ... year requirement of face-to-face.                                                                                      
                                                                                                                                
MS. SCAVERA agreed.   She then said that this  language is in the                                                               
meeting  section of  the  bill  and not  in  the composition,  or                                                               
selection of members, section.                                                                                                  
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH remarked:                                                                                             
                                                                                                                                
     In,  Representative  Seaton,   that  was  his  specific                                                                    
     point,  on trying  to drive  it differently  and so  we                                                                    
     interpreted that  everyone had to  be there.   And then                                                                    
     his  follow-up question  was,  "What's the  consequence                                                                    
     for not attending?"   And that's why  I actually pulled                                                                    
     the  statute  and  I don't  really  see  a  consequence                                                                    
     inside of [AS] 23.15.                                                                                                      
                                                                                                                                
4:01:51 PM                                                                                                                    
                                                                                                                                
MS. SINNOTT said  that there is no consequence in  the bill.  She                                                               
informed the members that each  governor's committee has a set of                                                               
bylaws for that purpose.                                                                                                        
                                                                                                                                
4:02:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROSES  offered   an   amendment  to   Conceptual                                                               
Amendment 1, which read:                                                                                                        
                                                                                                                                
     Members   may   participate   in   quarterly   meetings                                                                    
     telephonically,  except  that  one  meeting  each  year                                                                    
     shall be in person.                                                                                                        
                                                                                                                                
CHAIR WILSON objected for discussion purposes.  She then said:                                                                  
                                                                                                                                
     My  interpretation  is  that   there  has  to  be  four                                                                    
     meetings a year and the  only qualification that one of                                                                    
     them has to  be a meeting where everyone  is invited to                                                                    
     the same spot.  And that's all.                                                                                            
                                                                                                                                
MS.  SCAVERA said  that Representative  Wilson is  correct.   She                                                               
suggested to  include "there  shall be  one public  meeting", but                                                               
said that the bottom line is  that you have to have four meetings                                                               
a  year  and  one  must  be a  public  meeting  with  members  in                                                               
attendance, and the others can be telephonic.                                                                                   
                                                                                                                                
CHAIR WILSON said that "all members" should be removed.                                                                         
                                                                                                                                
4:04:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  explained   his  amendment  to  Conceptual                                                               
Amendment   1.      He    said   that   Representative   Seaton's                                                               
interpretation is that  there are [four] meetings and  for one of                                                               
the meetings  the attempt is made  to have all of  the members in                                                               
the   same   room.       However,   Representative   Fairclough's                                                               
interpretation is  that if  a member did  not participate  in the                                                               
face-to-face  meeting,  the  member  could  personally  attend  a                                                               
different  meeting.    Representative   Roses  stated  that  both                                                               
interpretations were confirmed by Ms. Scavera.                                                                                  
                                                                                                                                
4:05:00 PM                                                                                                                    
                                                                                                                                
MS. SCAVERA remarked:                                                                                                           
                                                                                                                                
     ...  if we  had a  public meeting  and not  all members                                                                    
     were able to  attend that public meeting,  we would not                                                                    
     have a  telephonic meeting  and fly  one person  in and                                                                    
     the rest  not.   We ... try  very hard,  give different                                                                    
     dates, to have  a public meeting, once a  year for this                                                                    
     committee, where all members can  attend.  And we, it's                                                                    
     a  scheduling  nightmare,  but  we  try  to  make  that                                                                    
     happen.                                                                                                                    
                                                                                                                                
4:05:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   opined  that   crossing  out   the  last                                                               
"meeting" in line 20 would not  be a problem, but taking out "for                                                               
at least  one" is problematic  because the committee may  wish to                                                               
meet in person more than once.                                                                                                  
                                                                                                                                
4:06:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES   withdrew  his  amendment   to  Conceptual                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
4:06:49 PM                                                                                                                    
                                                                                                                                
MS. SCAVERA suggested taking out the word "all" on line 20.                                                                     
                                                                                                                                
4:07:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  expressed  her understanding  that  this                                                               
committee is  being changed  from 12 members  to the  new federal                                                               
mandate.   Referring to  the fiscal note,  she asked  whether the                                                               
committee now has only three members.                                                                                           
                                                                                                                                
CHAIR  WILSON  clarified  that there  will  be  three  additional                                                               
members.                                                                                                                        
                                                                                                                                
4:07:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA offered, for  discussion, that "a quorum of                                                               
members  may participate  in  quarterly meetings  telephonically,                                                               
except for  at least one meeting  each year shall be  in person."                                                               
She added that it is a good idea to always have a quorum.                                                                       
                                                                                                                                
MS. SINNOTT affirmed  that a quorum is needed at  all meetings to                                                               
conduct business.                                                                                                               
                                                                                                                                
                                                                                                                                
4:09:01 PM                                                                                                                    
                                                                                                                                
MS. SCAVERA stated that  Representative Cissna's suggestion would                                                               
be an acceptable conceptual amendment.                                                                                          
                                                                                                                                
4:09:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON restated Conceptual  Amendment 1 that would                                                               
read as follows:                                                                                                                
                                                                                                                                
    Members   may   participate   in   quarterly   meetings                                                                     
      telephonically except for at least one meeting each                                                                       
     year shall be a meeting in person.                                                                                         
                                                                                                                                
4:09:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  said that she would  be voting against                                                               
Conceptual  Amendment 1  due to  the fact  that the  attorneys at                                                               
Legislative  Legal   and  Research  have  already   removed  that                                                               
language.                                                                                                                       
                                                                                                                                
4:10:17 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  observed that the  drafters could be  instructed to                                                               
follow the committee's direction.                                                                                               
                                                                                                                                
4:10:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  pointed out  that  the  governor will  be                                                               
notified if  a member  is not  attending appropriately,  and that                                                               
would make the language in the bill applicable.                                                                                 
                                                                                                                                
4:11:39 PM                                                                                                                    
                                                                                                                                
MS.  SINNOTT  stated  that the  federal  guidelines  require  the                                                               
employment committee  to meet  four times per  year, but  not all                                                               
members have to meet four times  per year.  She agreed that "all"                                                               
should be removed.                                                                                                              
                                                                                                                                
4:12:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER expressed  her belief  that the  language                                                               
needs to be clarified by the drafters.                                                                                          
                                                                                                                                
4:12:56 PM                                                                                                                    
                                                                                                                                
MS.  SCAVERA offered  to  work  with the  chair's  staff and  the                                                               
drafters to correct the language.                                                                                               
                                                                                                                                
4:13:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA asked for the next committee of referral.                                                                 
                                                                                                                                
4:13:34 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  responded that  the next  committee of  referral is                                                               
the House Finance Committee.                                                                                                    
                                                                                                                                
4:14:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  recommended that the  bill be moved  out of                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR WILSON recalled that there is an amendment to consider.                                                                   
                                                                                                                                
4:14:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA asked  whether the  committee bylaws  will                                                               
address the question of the number of required meetings.                                                                        
                                                                                                                                
MS. SINNOTT replied  no.  She further advised  that the retention                                                               
of members is not a part  of state statute or federal regulation,                                                               
but is addressed in the committee bylaws.                                                                                       
                                                                                                                                
4:15:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  reminded the committee that  the amendment                                                               
is conceptual and that the chair's staff is aware of its intent.                                                                
                                                                                                                                
CHAIR  WILSON removed  her  objection.   There  being no  further                                                               
objection, Conceptual Amendment 1 was adopted.                                                                                  
                                                                                                                                
4:15:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved  to report HB 178, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
4:15:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH objected to Conceptual Amendment 1.                                                                   
                                                                                                                                
REPRESENTATIVE ROSES  withdrew the  motion to  report HB  178, as                                                               
amended, from committee.                                                                                                        
                                                                                                                                
4:16:09 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON called for a roll call vote.                                                                                       
                                                                                                                                
REPRESENTATIVE GARDNER asked for a reading of the amendment.                                                                    
                                                                                                                                
REPRESENTATIVE SEATON re-read Conceptual Amendment 1 as follows:                                                                
                                                                                                                                
    Members   may   participate   in   quarterly   meetings                                                                     
      telephonically except that at least one meeting each                                                                      
     year shall be a meeting in person.                                                                                         
                                                                                                                                
4:16:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA asked for discussion of the objection.                                                                    
                                                                                                                                
4:16:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH restated that  the original language is                                                               
correct.                                                                                                                        
                                                                                                                                
4:17:31 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Seaton,  Cissna,                                                               
Gardner,  Roses,   and  Wilson  voted  in   favor  of  Conceptual                                                               
Amendment  1.    Representatives   Fairclough  and  Neuman  voted                                                               
against it.   Therefore, Conceptual Amendment 1 passed  by a vote                                                               
of 5-2.                                                                                                                         
                                                                                                                                
4:18:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved  to report HB 178, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being no  objection,  CSHB 178(HES),  was                                                               
reported out of  the House Health, Education  and Social Services                                                               
Standing Committee.                                                                                                             
                                                                                                                                
HB 113-OPTOMETRISTS' USE OF PHARMACEUTICALS                                                                                   
                                                                                                                                
4:18:46 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
HOUSE BILL NO. 113, "An Act  relating to the prescription and use                                                               
of  pharmaceutical agents,  including  controlled substances,  by                                                               
optometrists."                                                                                                                  
                                                                                                                                
4:19:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  moved  to  adopt CSHB  113,  Version  25-                                                               
LS0411\K, Bullard, 3/5/07.   There being no  objection, Version K                                                               
was before the committee.                                                                                                       
                                                                                                                                
4:19:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RALPH SAMUELS,  Alaska State Legislature, speaking                                                               
as  the prime  sponsor, paraphrased  from the  sponsor statement,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     House Bill  113 would  allow optometrists  to prescribe                                                                    
     systemic (oral)  medication to  treat a  patient's eyes                                                                    
     or for  an allergic shock reaction.   Currently Alaskan                                                                    
     optometrists  are limited  to prescribing  only topical                                                                    
     medications,  while  optometrists  in  45  states,  the                                                                    
     District  of Columbia  and Guam  are able  to prescribe                                                                    
     systemic (oral) medications.                                                                                               
                                                                                                                                
     The  course  of  study  that  optometrists  undergo  is                                                                    
     comparable or  exceeds that required of  their peers in                                                                    
     the health  care professionals who are  already granted                                                                    
     the  ability  to   prescribe  medications.    Optometry                                                                    
     programs include several  semesters of pharmacology, in                                                                    
     addition to  studies in human anatomy,  physiology, and                                                                    
     biochemistry.      Optometrists,  like   dentists   and                                                                    
     podiatrists,  attend  four  years  of  graduate  school                                                                    
     after  receiving  their   undergraduate  degree,  while                                                                    
     nurse  practitioners  and  physicians  assistants  only                                                                    
     complete two  years of graduate  school.  Yet  of these                                                                    
     professions,   only   optometrists   are   limited   to                                                                    
     prescribing topical agents.                                                                                                
                                                                                                                                
     Regulations are  already in place  to ensure  that only                                                                    
     qualified    optometrists   may    prescribe   systemic                                                                    
     medications.   Optometrists must pass an  exam, such as                                                                    
     the "Treatment  and Management of Ocular  Disease" from                                                                    
     the National Board of Examiners  in Optometry, and must                                                                    
     show that they have  completed the necessary continuing                                                                    
     education  in  pharmacology  each   year  in  order  to                                                                    
     prescribe any medications authorized under statute.                                                                        
                                                                                                                                
     Increasing optometrists' prescribing  authority will be                                                                    
     of benefit  to Alaskan  patients, preventing  those who                                                                    
     require oral  or inject-able prescriptions  from having                                                                    
     to visit  a general  practitioner in addition  to their                                                                    
     regular optometrist.  This will  save patients time and                                                                    
     money, and allow  optometrists greater participation in                                                                    
     their patients' care.                                                                                                      
                                                                                                                                
REPRESENTATIVE SAMUELS cautioned the  committee that it will hear                                                               
much  testimony that  may not  support the  bill; however,  it is                                                               
important and necessary.                                                                                                        
                                                                                                                                
4:21:36 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  clarified that this  bill will  enable optometrists                                                               
to treat anaphylactic reaction and other conditions.                                                                            
                                                                                                                                
REPRESENTATIVE SAMUELS  said that  HB 113  is especially  for the                                                               
benefit  of  rural  Alaskans, and  these  services  are  commonly                                                               
performed across the country in less rural areas.                                                                               
                                                                                                                                
4:22:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked how  many communities in Alaska have                                                               
an  optometrist,  but  do  not   have  an  ophthalmologist  or  a                                                               
physician.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   SAMUELS   answered   that   there   are   twenty                                                               
ophthalmologists  in  six locations,  and  one  hundred and  nine                                                               
optometrists in eighty-five locations.                                                                                          
                                                                                                                                
4:24:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA asked how  many optometrists are located on                                                               
the road system.                                                                                                                
                                                                                                                                
REPRESENTATIVE  SAMUELS deferred  answering her  question to  his                                                               
staff.                                                                                                                          
                                                                                                                                
4:24:48 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON requested a description of Version K.                                                                              
                                                                                                                                
4:24:58 PM                                                                                                                    
                                                                                                                                
SYDNEY  MORGAN, Staff  to  Representative  Ralph Samuels,  Alaska                                                               
State  Legislature,  prime  sponsor,  explained  that  Version  K                                                               
specifies   the  scope   of   the   prescriptive  authority   and                                                               
educational  requirements.   She said  that additions  in Sec.  1                                                               
clarify  that   the  endorsement   allows  the   prescription  of                                                               
pharmaceutical agents if the applicant  passes the exam on ocular                                                               
pharmacology,  completes  23  hours in  an  approved  non-topical                                                               
therapeutic  pharmaceutical  agent  course, and  completes  seven                                                               
hours in an  injections course.  She continued to  say that a new                                                               
subsection is included  in Sec. 2, that  adds endorsement renewal                                                               
requirements of  eight hours  of continuing  education concerning                                                               
the use  and prescription of  pharmaceutical agents,  seven hours                                                               
of continuing  education concerning  injections, and  other board                                                               
requirements.  In  addition, new language in Sec.  3 defines what                                                               
controlled  substance  the  endorsement allows  the  licensee  to                                                               
prescribe.   An allowable controlled substance  is prescribed and                                                               
used for  the treatment of  ocular disease or  conditions, ocular                                                               
adnexal disease  or conditions, or emergency  anaphylaxis; is not                                                               
a schedule 1, 2, or 6 drug;  is not prescribed for more that four                                                               
days of use; is not injected  into the eyeball.  In addition, the                                                               
licensee must  have a physician-patient  relationship and  a Drug                                                               
Enforcement Administration (DEA) registration number.                                                                           
                                                                                                                                
4:28:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked for  a definition of a physician-                                                               
patient relationship.                                                                                                           
                                                                                                                                
MS. MORGAN expressed  her understanding that it would  have to do                                                               
with the  payment for  the service  and she  offered to  supply a                                                               
clear definition at a later date.                                                                                               
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH referred  to page 3, line  5, and asked                                                               
for clarification  of the term  "physician-patient relationship."                                                               
She asked whether  an optometrist will be  considered a physician                                                               
in the interpretation of the term.                                                                                              
                                                                                                                                
4:29:59 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON noted  that the  bill  states, "as  defined by  the                                                               
board in regulation."                                                                                                           
                                                                                                                                
4:30:13 PM                                                                                                                    
                                                                                                                                
MS. MORGAN added that further  testimony will be provided on this                                                               
subject.                                                                                                                        
                                                                                                                                
4:30:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  whether the  four-day limit  on the                                                               
prescription will prevent  a patient from completing  a course of                                                               
antibiotics.                                                                                                                    
                                                                                                                                
4:31:12 PM                                                                                                                    
                                                                                                                                
MS. MORGAN offered that optometrists  can address the majority of                                                               
issues brought before them within the time limit.                                                                               
                                                                                                                                
4:31:42 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  pointed out that  the four-day limit  only pertains                                                               
to  a  controlled substance,  such  as  pain medication,  not  an                                                               
antibiotic.  She opined that  a patient who needs pain medication                                                               
for more than four days will need to be referred to a doctor.                                                                   
                                                                                                                                
4:32:31 PM                                                                                                                    
                                                                                                                                
CINDY  BRADFORD, Doctor  of  Ophthalmology,  American Academy  of                                                               
Ophthalmology; Assistant Professor, Dean  A. McGee Eye Institute,                                                               
Department  of  Ophthalmology,   University  of  Oklahoma  Health                                                               
Center, University of Oklahoma, stated  her opposition to HB 113.                                                               
She  informed the  committee that  she teaches  ophthalmology and                                                               
eye  surgery to  internal medicine  and family  practice resident                                                               
medical  students.    Dr.  Bradford  stated that  HB  113  is  an                                                               
expansion  of  what  is  legal  in  most  of  the  other  states.                                                               
Oklahoma allows for  the broadest of authority  of optometry, and                                                               
the Alaska  bill will be  broader than all  but Oklahoma.   It is                                                               
important,  she  said,  that  optometry  and  ophthalmology  work                                                               
together to  serve the large  number of patients.   However, this                                                               
bill  removes   the  limits  of  the   pharmaceutical  rights  of                                                               
optometry and expands  the rights to medications  that affect the                                                               
entire body.   She  opined that narcotics  are rarely  needed for                                                               
eye conditions unless  a patient has had retinal  surgery.  These                                                               
systemic medications interact with  other medications being taken                                                               
by a  patient and, in  fact, factors can  be involved on  a level                                                               
that  an  optometrist  would  not  be  trained  to  diagnose  and                                                               
prescribe for  the type of treatment  that is covered in  HB 113.                                                               
Dr.  Bradford  described  the  training  involved  for  optometry                                                               
versus ophthalmology.  She concluded  by saying that quality care                                                               
for patients  means that  they are  treated by  professionals who                                                               
have been trained to diagnose and prescribe appropriately.                                                                      
                                                                                                                                
4:40:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  asked  about  drug  and  drug  interaction                                                               
training for ophthalmologists.                                                                                                  
                                                                                                                                
DR.  BRADFORD  replied  that  there  is  a  one  year  internship                                                               
treating  patients  with  many diseases,  and  supervised  by  an                                                               
attending  physician.     She   reviewed  the   teaching  process                                                               
regarding pharmacology.                                                                                                         
                                                                                                                                
REPRESENTATIVE  ROSES  further  asked  about  the  percentage  of                                                               
training  time   that  is  dedicated  to   drug  interaction  and                                                               
pharmaceuticals.                                                                                                                
                                                                                                                                
DR.  BRADFORD  responded  that   every  day  of  medical  school,                                                               
students are learning about medications and drugs.                                                                              
                                                                                                                                
4:42:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES asked  Dr.  Bradford to  estimate the  time                                                               
optometrists spend  learning about  drug interaction and  the use                                                               
of the pharmaceuticals that are endorsed by HB 113.                                                                             
                                                                                                                                
DR.  BRADFORD opined  that this  bill endorses  a large  group of                                                               
systemic pharmaceuticals  that affect  the entire body,  and that                                                               
optometrists would never have encountered.                                                                                      
                                                                                                                                
REPRESENTATIVE ROSES restated his question.                                                                                     
                                                                                                                                
DR.  BRADFORD  emphasized that  the  medications  that this  bill                                                               
allows are beyond an optometrist's clinical experience.                                                                         
                                                                                                                                
4:44:21 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked about an ophthalmologist's internship.                                                                       
                                                                                                                                
DR.  BRADFORD  answered  that, during  the  one-year  internship,                                                               
students  are not  working in  the  eye clinic  but are  studying                                                               
internal medicine and are managing a variety of patients.                                                                       
                                                                                                                                
4:46:55 PM                                                                                                                    
                                                                                                                                
LESLEY L. WALLS, Physician of  Optometry, Medicine, and president                                                               
of  the  Southern California  College  of  Optometry, stated  his                                                               
support for HB 113.                                                                                                             
                                                                                                                                
CHAIR  WILSON  asked for  a  description  of Dr.  Walls'  medical                                                               
training.                                                                                                                       
                                                                                                                                
DR. WALLS responded  that he is a board  certified family doctor,                                                               
an optometrist, and is a  former associate dean of the University                                                               
of Oklahoma.   He opined  that Alaska's optometrists are  able to                                                               
safely and  effectively use the  drugs and treatments  allowed in                                                               
the  bill.    Dr.  Walls  said  that  the  four  year  continuing                                                               
education requirement  is more than  adequate, together  with the                                                               
four  year  degree that  optometrists  hold.   He  described  the                                                               
training  that  optometrists  receive   and  disagreed  with  the                                                               
previous testifier.   Dr. Walls assured the  committee that, upon                                                               
graduation,  optometrists have  the clinical  experience and  the                                                               
pathological   and  pharmacological   qualifications  to   manage                                                               
patients.                                                                                                                       
                                                                                                                                
4:51:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  asked  what   percentage  of  training  an                                                               
optometrist  receives  for  the dispensing  of,  and  interaction                                                               
with, the drugs authorized by HB 113.                                                                                           
                                                                                                                                
DR. WALLS replied  that it is difficult to say;  however, it is a                                                               
major part of  every examination.  In  addition, an optometrist's                                                               
clinical  experience is  with patients  who  have potential  drug                                                               
interactions.                                                                                                                   
                                                                                                                                
4:52:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES asked  whether Dr.  Walls is  familiar with                                                               
Alaska's licensing  exam for optometrists,  and whether  the test                                                               
is adequate  to determine the  ability of the  state optometrists                                                               
to administer these drugs.                                                                                                      
                                                                                                                                
DR. WALLS,  calling on his experience  as a Dean of  Optometry at                                                               
the Southern  California College  of Optometry,  and as  a former                                                               
member of the  National Board of Examiners  in Optometry, assured                                                               
the committee  that it is  a rigorous  examination.  In  fact, he                                                               
said that  he has  been involved in  the development  of training                                                               
and  testing   for  the  courses   of  injectable   and  systemic                                                               
medications in other states.                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked whether  Dr. Walls could  compare the                                                               
optometrist's   and    ophthalmologist's   state   certifications                                                               
regarding the use of pharmaceuticals.                                                                                           
                                                                                                                                
DR.  WALLS  responded  that ophthalmologists  automatically  hold                                                               
full prescriptive authority  by their state medical  license.  In                                                               
answer  to  a question,  he  added  that optometrist's  licensing                                                               
falls under state statute.                                                                                                      
                                                                                                                                
4:55:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN asked what role  a pharmacist would play in                                                               
dispensing the correct prescription drugs.                                                                                      
                                                                                                                                
DR. WALLS  replied that  his college  recommends to  its students                                                               
the use of pharmacists as a resource in many areas.                                                                             
                                                                                                                                
4:56:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES asked  Dr. Walls to compare  Alaska with the                                                               
licensing   tests   in   other  states   that   currently   allow                                                               
optometrists to prescribe pharmaceutical agents.                                                                                
                                                                                                                                
DR.  WALLS responded  that Alaska's  test will  be more  rigorous                                                               
because  it  requires  more hours  of  training  on  injectables;                                                               
however,  testing on  prescribing  systemic drugs  is similar  to                                                               
that of other states.                                                                                                           
                                                                                                                                
4:56:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked whether  Dr. Wall  knew what  kind of                                                               
insurance and  malpractice insurance  coverage an  optometrist or                                                               
ophthalmologist would be required hold.                                                                                         
                                                                                                                                
DR. WALLS  informed the committee that  malpractice insurance has                                                               
not increased in the states  that allow optometrists the expanded                                                               
responsibilities authorized by HB 113.                                                                                          
                                                                                                                                
4:57:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked whether there  is a large  range of                                                               
limitations in  the 45  states that  allow expanded  authority by                                                               
optometrists.                                                                                                                   
                                                                                                                                
DR.  WALLS  noted  that,  except   for  medical  and  osteopathic                                                               
doctorates,   individual    legislatures   set    the   licensing                                                               
requirements.   Therefore,  there are  no identical  laws between                                                               
states.                                                                                                                         
                                                                                                                                
4:59:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH    asked   what   the    major,   new                                                               
responsibilities are that optometrists are  allowed to perform in                                                               
various states.                                                                                                                 
                                                                                                                                
5:00:12 PM                                                                                                                    
                                                                                                                                
DR. WALLS  answered that some  states don't allow  injections, or                                                               
may have restrictions on certain medications.                                                                                   
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH further  asked  Dr.  Walls to  compare                                                               
Alaska's law with the other  45 states and requested the specific                                                               
disparity between the state's regulations.                                                                                      
                                                                                                                                
5:02:10 PM                                                                                                                    
                                                                                                                                
DR. WALLS  referred to  information that can  be provided  by the                                                               
American  Optometric  Association  and that  describes  state  by                                                               
state prescriptive authority.                                                                                                   
                                                                                                                                
5:02:38 PM                                                                                                                    
                                                                                                                                
MICHAEL   BENNETT,  Doctor   of   Optometry;  President,   Alaska                                                               
Optometry  Association,  informed the  committee  that  he is  in                                                               
private practice  in Juneau.   Dr. Bennett said that  he received                                                               
his education in Michigan and also has research experience.                                                                     
                                                                                                                                
5:04:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked whether  his degree is  a Doctorate                                                               
in Optometry.                                                                                                                   
                                                                                                                                
DR. BENNETT  answered yes.   He explained that  optometrists have                                                               
been recognized as physicians by  Medicare and insurance carriers                                                               
since the 1970s.                                                                                                                
                                                                                                                                
REPRESENTATIVE  GARDNER   asked  whether  all   optometrists  are                                                               
doctors.                                                                                                                        
                                                                                                                                
DR.  BENNETT  responded   yes.    He  added  that   there  is  an                                                               
accreditation board  for optometry schools.   Optometrists attend                                                               
four   years  of   medical  school,   including   200  hours   of                                                               
pharmacology,  plus  anatomy  and  clinical work.    Dr.  Bennett                                                               
continued to  say that optometrists,  who see many  patients, are                                                               
the gate keepers to eye care.   All day long his patients come in                                                               
with  multiple health  issues.   Dr. Bennett  said that  he makes                                                               
frequent contact with  his patient's primary care  physician.  In                                                               
response  to a  question, he  explained  that his  is a  standard                                                               
practice and his training is similar to others in his field.                                                                    
                                                                                                                                
CHAIR  WILSON observed  that all  optometric schools  require 200                                                               
hours  of  pharmacology.   She  then  asked  about  undergraduate                                                               
requirements.                                                                                                                   
                                                                                                                                
DR.  BENNETT  replied  that the  criterion  is  an  undergraduate                                                               
degree,  just as  though  a  student was  applying  to any  other                                                               
medical school.                                                                                                                 
                                                                                                                                
CHAIR WILSON  confirmed that all optometric  schools require four                                                               
years of study.                                                                                                                 
                                                                                                                                
5:09:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked Dr.  Bennett about the  percentage of                                                               
his  patients that  have been  referred  to ophthalmologists  for                                                               
care.                                                                                                                           
                                                                                                                                
DR.  BENNETT responded  that, over  the length  of his  practice,                                                               
between 15 to 20 percent have been referred.                                                                                    
                                                                                                                                
5:11:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked whether  the passage  of HB  113 will                                                               
affect the percentage of referrals.                                                                                             
                                                                                                                                
DR.  BENNETT estimated  that the  change would  not decrease  the                                                               
referrals by  one percent.   What is primarily addressed  in this                                                               
bill is the  treatment of eyelid infections, and  the majority of                                                               
these are very minor.                                                                                                           
                                                                                                                                
5:12:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES questioned whether  the passage of this bill                                                               
is  a  way  for  optometrists  to  begin  to  perform  laser  and                                                               
corrective surgery.                                                                                                             
                                                                                                                                
DR. BENNETT disagreed.                                                                                                          
                                                                                                                                
REPRESENTATIVE ROSES asked whether the  passage of this bill will                                                               
significantly increase Dr. Bennett's income stream.                                                                             
                                                                                                                                
DR.  BENNETT answered,  "I don't  think it's  going to  change my                                                               
income stream  at all."  He  explained that a patient  is charged                                                               
when they are seen, whether they  are referred or not.  He opined                                                               
that  HB 113  will  result  in a  small  percentage of  increased                                                               
cases.                                                                                                                          
                                                                                                                                
5:13:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked whether Dr. Bennett  has any concerns                                                               
about patient care if HB 113 passes.                                                                                            
                                                                                                                                
DR.  BENNETT empathized  with the  committee's responsibility  to                                                               
deal with an  unknown entity.  However, he opined  that the track                                                               
record is  impeccable for optometrists  and the  committee should                                                               
not have too  much concern.  The states  with similar regulations                                                               
that were  polled by the Alaska  State Medical Board in  2001, do                                                               
not  have  problems  to  report or  an  increase  in  malpractice                                                               
insurance cases.                                                                                                                
                                                                                                                                
5:16:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER requested a copy of the 2001 survey.                                                                     
                                                                                                                                
5:17:00 PM                                                                                                                    
                                                                                                                                
BOB  LOESCHER informed  the  committee  that he  is  a life  long                                                               
Juneau  resident and  has traveled  extensively in  rural Alaska.                                                               
Mr.  Loescher explained  that he  is  opposed to  HB 113.   As  a                                                               
kidney transplant  patient and a  diabetic, he is under  the care                                                               
of an ophthalmologist.   His sight is lost in  one eye, and there                                                               
is no regaining  what is lost.   As a citizen with  many eye care                                                               
conditions, he urged the committee  to consider the importance of                                                               
the eyes  to patients.  His  optometrist did tests but,  within a                                                               
week, his  diabetes took his  eyesight.  The optometrist  did not                                                               
know  about  his  other  medical  conditions.   Also,  he  is  on                                                               
steroids, and a doctor's care  is important to manage these types                                                               
of drugs.   He  suggested that  the prescription  of drugs  is of                                                               
critical importance  and asked the  committee to err on  the side                                                               
of medical doctors and support ophthalmology.                                                                                   
                                                                                                                                
5:23:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  commented  that   this  bill  has  brought                                                               
testimony  from  doctors, but  that  Mr.  Loescher is  the  first                                                               
individual citizen to come forward.                                                                                             
                                                                                                                                
5:23:43 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  related  a personal  story  of  misdiagnosis,  and                                                               
observed that, regardless  of the title, a doctor may  or may not                                                               
be competent.                                                                                                                   
                                                                                                                                
5:25:10 PM                                                                                                                    
                                                                                                                                
JILL  GEERING MATHESON,  Doctor of  Optometry, and  chair of  the                                                               
Alaska  State  Board  of  Examiners   in  Optometry,  stated  her                                                               
personal support  for HB 113.   She said  that the board  has not                                                               
issued an  official position; however, she  assured the committee                                                               
that  if  HB  113  passes,  the board  will  cooperate  with  the                                                               
department to pass regulations.                                                                                                 
                                                                                                                                
5:26:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES repeated  his  question about  optometrists                                                               
trying to get approval to perform laser surgery.                                                                                
                                                                                                                                
DR. GEERING MATHESON answered that  laser surgery is not included                                                               
in HB 113.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ROSES   asked  whether  Dr.   Geering  Matheson's                                                               
revenue stream will be increased by the passage of the bill.                                                                    
                                                                                                                                
DR. GEERING MATHESON said no.                                                                                                   
                                                                                                                                
5:27:26 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  announced that  HB  113  would  be held  over  for                                                               
further testimony.                                                                                                              
                                                                                                                                
5:27:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  asked the  sponsor  to  have the  Alaska                                                               
State Medical Board provide an opinion on the bill.                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 5:27:53 PM.