Legislature(2017 - 2018)ADAMS ROOM 519

03/01/2018 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSHB 110(L&C) Out of Committee
-- Public Testimony --
Moved CSHB 176(FIN) Out of Committee
Moved CSHB 301(FIN) Out of Committee
Moved HB 168 Out of Committee
-- Public Testimony --
Moved HCR 10 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
Moved CSHB 38(FIN) Out of Committee
HOUSE BILL NO. 110                                                                                                            
     "An Act relating to the practice of massage therapy;                                                                       
     relating to the Board of Massage Therapists; and                                                                           
     providing for an effective date."                                                                                          
10:34:25 AM                                                                                                                   
CRYSTAL  KOENEMAN,  STAFF, REPRESENTATIVE  KITO,  introduced                                                                    
the  bill.  She characterized  the  HB  110 as  a  "clean-up                                                                    
bill". The  massage board was recently  established, and the                                                                    
bill addressed  licensure issues  that became  apparent over                                                                    
the few  years of board  operation. The board  had requested                                                                    
several  changes   to  their  statutes  to   help  ease  the                                                                    
licensure  process  for  licensees  and  the  Department  of                                                                    
Commerce,  Community and  Economic Development  (DCCED). She                                                                    
explained  the provisions  in  the bill.  She  spoke to  the                                                                    
difficulty in  finding members  to serve  on the  board. The                                                                    
bill eased the restrictions for  those who wish to be public                                                                    
members of the board by allowing  a former member of a board                                                                    
to  become a  member of  the massage  board and  removed the                                                                    
original  prohibition. In  addition, HB  110 added  language                                                                    
for  the  board  to   adopt  regulations  governing  massage                                                                    
therapy  establishments; increased  the number  of hours  of                                                                    
in-class supervised  instruction and  clinical work  from an                                                                    
approved  massage  school  from  500  hours  to  625  hours;                                                                    
changes the annual fingerprint requirement  to every six (6)                                                                    
years; and reduces  the number of hours  of safety education                                                                    
covering  blood-borne  pathogens  from  four  hours  to  two                                                                    
hours. The effective date was July 1, 2019.                                                                                     
10:37:17 AM                                                                                                                   
Representative Kawasaki asked  why the blood-borne pathogens                                                                    
hour requirement was decreasing to 2 hours from 4 hours.                                                                        
DAVE   EDWARDS-SMITH,   CHAIR,   BOARD   OF   MASSAGE   (via                                                                    
teleconference), replied that there  was only two-hour blood                                                                    
borne  pathogen  classes   available  because  the  national                                                                    
standard was  set at  two hours.  Currently, to  comply with                                                                    
statute,  massage therapists  were  taking two  of the  same                                                                    
classes. He  further explained that an  entry level analysis                                                                    
project completed  by 7 different national  massage agencies                                                                    
concluded  that  the  educational  standard  should  be  625                                                                    
hours.  He  stated  that most  schools  offered  the  higher                                                                    
number  of hours  and he  did  not anticipate  an impact  to                                                                    
schools  located within  the state  or  on reciprocity  with                                                                    
other states licensure.                                                                                                         
10:40:11 AM                                                                                                                   
Co-Chair Seaton OPENED Public Testimony.                                                                                        
10:40:26 AM                                                                                                                   
VOLKER   RUBY,    PRESIDENT,   AMERICAN    MASSAGE   THERAPY                                                                    
ASSOCIATION ALASKA CHAPTER,  ANCHORAGE (via teleconference),                                                                    
supported  HB  110. He  related  that  he was  a  practicing                                                                    
massage therapist for 13 years.  He indicated that the added                                                                    
language  for  the  board  to  adopt  regulations  governing                                                                    
massage    therapy   establishments    granted   enforcement                                                                    
authority to  shut down  human trafficking  operations using                                                                    
massage   therapy   as  a   front.   He   noted  the   other                                                                    
"modifications"  in the  bill and  stated that  the proposed                                                                    
changes from  the original  statute were  discovered through                                                                    
the  initial few  years of  licensing. He  urged members  to                                                                    
move the bill from committee.                                                                                                   
Co-Chair  Seaton  asked  if  the   bill  contained  all  the                                                                    
necessary  changes to  current statute.  Mr. Ruby  responded                                                                    
Co-Chair  Seaton asked  Mr. Edwards-Smith  if  he wanted  to                                                                    
provide further testimony.                                                                                                      
Mr. Edwards-Smith indicated the  board's support for HB 110.                                                                    
He elaborated  that the board considered  the bill necessary                                                                    
for "statutory  house cleaning". He restated  the provisions                                                                    
in the bill.  He emphasized that the  previous public member                                                                    
of the board played a "valuable"  role and he felt the board                                                                    
was weakened while the seat  was vacant. He strongly favored                                                                    
loosening the requirements for the public member.                                                                               
10:44:49 AM                                                                                                                   
JILL  MOTZ, SELF,  WASILLA  (via  teleconference), spoke  in                                                                    
support  of  the legislation.  She  was  a licensed  massage                                                                    
therapist and  practiced massage since  2003 and sat  on the                                                                    
massage  board.  She qualified  that  her  testimony was  on                                                                    
behalf of  herself. She voiced that  state licensure created                                                                    
a  cohesive and  stable environment  for the  profession and                                                                    
practitioners  and HB  110 further  enhanced the  licensure.                                                                    
She listed the  provisions in the bill. She  spoke to issues                                                                    
of  human trafficking  and  illicit  massage businesses  and                                                                    
favored the  licensing of establishments to  hold the owners                                                                    
legally  accountable. She  believed  the  bill changes  were                                                                    
reasonable  and necessary.  She  thanked  the committee  for                                                                    
supporting the legislation.                                                                                                     
10:47:34 AM                                                                                                                   
Co-Chair Foster CLOSED Public Testimony.                                                                                        
Representative Wilson  asked about  a comment in  the fiscal                                                                    
note.  She read  the specific  language on  page 2  from the                                                                    
fiscal note analysis:                                                                                                           
     The  potential  number  of establishments  affected  by                                                                    
     this bill  is unknown  at this  time. Future  costs for                                                                    
     legal  and hearing  service expenses  in out  years are                                                                    
Representative Wilson requested clarity.                                                                                        
10:48:18 AM                                                                                                                   
JANEY  MCCULLOUGH,   DIRECTOR,  DIVISION   OF  CORPORATIONS,                                                                    
BUSINESS   AND   PROFESSIONAL   LICENSING,   DEPARTMENT   OF                                                                    
COMMERCE,  COMMUNITY  AND  ECONOMIC  DEVELOPMENT,  explained                                                                    
that the  division was  uncertain of  the number  of massage                                                                    
therapy establishments.                                                                                                         
Representative Wilson  asked whether  the licenses  would be                                                                    
charged to  the establishment.  Ms. McCullough  responded in                                                                    
the affirmative.                                                                                                                
Representative  Kawasaki  asked  about a  massage  therapist                                                                    
that  travelled to  the client  to perform  the service.  He                                                                    
wondered  how  the  establishment  license  applied  to  the                                                                    
scenario. Ms.  McCullough stated that the  provision applied                                                                    
to brick and mortar  establishments and the definition would                                                                    
be clarified  in regulation. Representative  Kawasaki wanted                                                                    
to be clear  that the bill only applied to  brick and mortar                                                                    
establishments.  Ms.  McCullough  deferred  comment  to  the                                                                    
board  chair.  Representative  Kawasaki commented  that  the                                                                    
committee  added a  provision  lessening the  fingerprinting                                                                    
requirements  to  once every  three  renewal  cycles to  the                                                                    
board  sunset   bill  HB  275  (Extend:   Board  of  Massage                                                                    
Therapists). He commented that HB  110 included the language                                                                    
"once  every  6  years".  He   asked  whether  there  was  a                                                                    
difference  between   the  language   in  both   bills.  Ms.                                                                    
McCullough stated that the more  accurate language was in HB
110. The goal was to  require fingerprinting for every third                                                                    
renewal but  the language once  every 6 years  provided more                                                                    
10:52:16 AM                                                                                                                   
Co-Chair Seaton did not want  to place undue restrictions on                                                                    
"mobile" massage.  He did  not want  establishment licensure                                                                    
requirements  placed  on  any   place  a  massage  therapist                                                                    
travelled to  perform massage. He emphasized  that he wanted                                                                    
the statement on the record.                                                                                                    
Representative   Wilson  favored   moving   the  bill   from                                                                    
committee. She  wondered whether  the sponsor  supported the                                                                    
2019 effective date. Ms. Koeneman  reported that the sponsor                                                                    
supported the effective date.                                                                                                   
Representative Wilson MOVED to report  CSHB 110 (L&C) out of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
There being NO OBJECTION, it was so ordered.                                                                                    
CSHB110  (L&C) was  REPORTED  out of  committee  with a  "do                                                                    
pass" recommendation  and with a  fiscal impact note  by the                                                                    
Department of Commerce, Community and Economic Development.                                                                     
10:55:00 AM                                                                                                                   
AT EASE                                                                                                                         
10:55:47 AM                                                                                                                   
Co-Chair  Foster  reviewed  the  agenda  for  the  following                                                                    

Document Name Date/Time Subjects
HB110 2.19.18 Letters of Support.pdf HFIN 3/1/2018 9:00:00 AM
HB 110
HB110 Sectional Analysis 2.15.18.pdf HFIN 3/1/2018 9:00:00 AM
HB 110
HB110 Sponsor Statement 2.15.18.pdf HFIN 3/1/2018 9:00:00 AM
HB 110
HB110(L&C) Explanation of Changes 2.16.18.pdf HFIN 3/1/2018 9:00:00 AM
HB 110
HB 168-Sectional Analysis-2018.pdf HFIN 3/1/2018 9:00:00 AM
HB 168
State v ALIVE Voluntary summary and headnotes-2018.pdf HFIN 3/1/2018 9:00:00 AM
HB 168
HB 168-Leg Research-Meetings-2018.pdf HFIN 3/1/2018 9:00:00 AM
HB 168
HB 168 Sponsor Statement-2018.pdf HFIN 3/1/2018 9:00:00 AM
HB 168
HCR 10-Uniform Rule 20-2018.pdf HFIN 3/1/2018 9:00:00 AM
HCR 10
HCR 10-Sponsor Statement-2018.pdf HFIN 3/1/2018 9:00:00 AM
HCR 10
HB110 - Support.pdf HFIN 3/1/2018 9:00:00 AM
HB 110
HB 110 Support Letter Gibbs.pdf HFIN 3/1/2018 9:00:00 AM
HB 110
HB 301 02.28.2018 DCCED HFIN Followup.pdf HFIN 3/1/2018 9:00:00 AM
HB 301