Legislature(2015 - 2016)BUTROVICH 205

03/02/2016 01:00 PM Senate LABOR & COMMERCE

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01:03:16 PM Start
01:03:32 PM SB98
01:24:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Uniform Rule 23 Waived
Moved CSSB 98(L&C) Out of Committee
             SB 98-PRESCRIPTION WITHOUT PHYS. EXAM.                                                                         
1:03:32 PM                                                                                                                    
CHAIR COSTELLO announced consideration of SB 98. She stated that                                                                
this is the third hearing, public testimony is closed, and there                                                                
is a new committee substitute for the committee to consider.                                                                    
1:03:51 PM                                                                                                                    
SENATOR GIESSEL moved to adopt the CS for SB 98, labeled 29-                                                                    
LS0838\N, as the working document.                                                                                              
CHAIR COSTELLO  objected  for discussion  purposes. She asked  Mr.                                                              
Eiler to go over the changes.                                                                                                   
WESTON   EILER,  Staff,   Senate  Labor   and  Commerce   Standing                                                              
Committee and  Senator Costello,  told the committee  that version                                                              
N  of  SB 98  reflects  the  comments and  requests  members  made                                                              
during the  previous hearing.  The first  change incorporates  the                                                              
conceptual amendment  that was adopted on 3/1/16.  The language in                                                              
Section 5, page 4, lines 7-9, paragraph (2), reads as follows:                                                                  
          (2)   prescribe,   dispense,    or   administer   a                                                                   
     prescription   drug   in   response   to   an   Internet                                                                   
     questionnaire  or electronic  mail message  to a  person                                                                   
     with  whom   the  physician   does  not  have   a  prior                                                                   
     physician-patient relationship.                                                                                            
The second  and final  change, also  in Section  5, is  compromise                                                              
language  added  to address  concerns  articulated  by the  Alaska                                                              
State Medical  Association (ASMA). On  page 4, lines 10-13,  a new                                                              
subsection (e) is added to AS 08.64.364 that reads as follows:                                                                  
     (e)  The  board  may  adopt  regulations  to  require  a                                                                   
     telemedicine  business offering  services  in the  state                                                                   
     to  register with  the board  before offering  services.                                                                   
     In  this  subsection, "telemedicine  business"  means  a                                                                   
     medical practice  primarily engaged  in the delivery  of                                                                   
     telemedicine services.                                                                                                     
1:05:57 PM                                                                                                                    
SENATOR MICCICHE joined the audience.                                                                                           
CHAIR COSTELLO  found no question  and removed her  objection. She                                                              
asked if there was further objection.                                                                                           
SENATOR GIESSEL  objected to adopting  version N. She  pointed out                                                              
that Section  3 relating  to duties of  the board only  references                                                              
individuals, not  businesses, yet new subsection (e)  in Section 5                                                              
expands  the  duties   of  the  board  to  include   oversight  of                                                              
businesses.  She  further  pointed   out  that  this  expands  the                                                              
purview of the board  and would allow it to write  regulations for                                                              
medical businesses.  This will defeat free market  competition and                                                              
innovation and  the legislature would  have no control  over those                                                              
regulations. The  third point is  that the language  in subsection                                                              
(e) will  serve to  further restrict  competition and  continue to                                                              
adversely  affect the cost  of health  care in  Alaska that  it is                                                              
already the highest in the nation.                                                                                              
1:10:28 PM                                                                                                                    
At ease                                                                                                                         
1:20:46 PM                                                                                                                    
CHAIR  COSTELLO reconvened  the  meeting and  asked  if there  was                                                              
[continued] objection  to adopting the work draft version  N of SB
SENATOR GIESSEL removed her objection.                                                                                          
CHAIR COSTELLO announced that version N is adopted.                                                                             
SENATOR GIESSEL  offered Conceptual  Amendment 1  to version  N of                                                              
SB 98.                                                                                                                          
                     CONCEPTUAL AMENDMENT 1                                                                                     
     Insert a new Section 6 on page 4 that states:                                                                              
     The  Department  of  Commerce,  Community  and  Economic                                                                   
     Development  shall maintain  a register of  telemedicine                                                                   
     businesses  doing  business  in Alaska,  which  includes                                                                   
     the  name,   address  and   contact  number  for   those                                                                   
     Renumber subsequent sections.                                                                                              
     Delete the language on page 4, lines 10-13.                                                                                
CHAIR COSTELLO  found no objection  and announced  that Conceptual                                                              
Amendment 1  is adopted. She  asked the  sponsor if he  would like                                                              
to offer final comments.                                                                                                        
1:22:29 PM                                                                                                                    
SENATOR  MICCICHE, Alaska  State  Legislature, sponsor  of SB  98,                                                              
recognized his staff  for their hard work on the  bill and thanked                                                              
the  Chair for  standing tall  and taking  the time  to make  sure                                                              
that it was ready to move on to the next committee of referral.                                                                 
SENATOR MEYER  asked if he had  any comment on the  amendment that                                                              
was just adopted.                                                                                                               
SENATOR MICCICHE  said he  believes the  amendment is  appropriate                                                              
and  he  appreciates   Senator  Giessel  for  offering   it.  This                                                              
achieves  the  goal  of  ensuring   there  is  a  way  to  contact                                                              
telehealth  businesses  and  understand   who  is  operating  them                                                              
without  leaving the  potential  for burdensome  regulations  from                                                              
the Board of Medicine.                                                                                                          
CHAIR  COSTELLO  offered  her  understanding  that  the  amendment                                                              
simply  asks the  department  to  maintain a  list  of the  names,                                                              
addresses, and contact numbers for these companies.                                                                             
SENATOR GIESSEL moved  to report the CS for SB  98, 29-LS0838\N as                                                              
amended,  from  committee  with   individual  recommendations  and                                                              
attached fiscal note(s).                                                                                                        
CHAIR  COSTELLO  found  no  objection   and  announced  that  CSSB
98(L&C) is  reported from the  Senate Labor and  Commerce Standing                                                              

Document Name Date/Time Subjects
CS SB 98 (L&C) - Ver. N.pdf SL&C 3/2/2016 1:00:00 PM
SB 98