Lawmakers rejected two of Gov. Mike Dunleavy’s nominees for state boards and commissions in a joint session of the state House and Senate on Wednesday.
One of Dunleavy’s nominees for the State Medical Board, physician assistant Sam Smith, was rejected in a remarkable unanimous vote. Several lawmakers said they’d never seen a nominee rejected on a 0-60 vote.
The State Medical Board writes regulations for medical providers in the state, handles licensing and serves as a disciplinary body for providers who violate licensing laws.
Rep. Genevieve Mina, D-Anchorage and chair of the House Health and Social Services Committee, said lawmakers across the political spectrum were unimpressed during Smith’s confirmation hearings earlier this year.
"I think as a body, we all collectively agreed that we want someone who knows the state's issues, and even if they don't have the breadth of experience, show a willingness to learn," Mina said shortly after the vote. "Unfortunately, that open-mindedness was not reflected in the hearings of her appointment in the Senate and in the House."
Smith said by text message she was unavailable to discuss the rejection Wednesday afternoon, saying she was busy working with patients.
At a confirmation hearing this spring, Smith said she had heard the state’s medical care was “subpar,” which led her to move to the state after graduating from school in 2019 and later apply to join the medical board.
"Seeing the malpractice that occurs, and seeing the misjustice of patients, and them simply not knowing what their medical rights are, I couldn't sit by in the wings anymore and just kind of treat quietly," she told the House Health and Social Services Committee during a March 25 hearing.
Dunleavy appointed Smith in early March. His office did not respond to a request for comment.
The board of the Alaska Academy of Physician Assistants, a professional organization for PAs, unanimously urged state lawmakers to reject Smith’s nomination. The group sent lawmakers a letter with a number of objections to Smith’s appointment to the one seat on the medical board reserved for physician assistants.
"While we recognize PA Smith’s enthusiasm and dedication, we believe she does not possess the breadth of experience nor the objectivity required for this critical role," the letter said.
The group cited Smith’s limited experience with rural Alaska, her niche specialty of regenerative medicine and what they described as “unwillingness to collaborate” with other Alaska physician assistants. The group also said it was concerned about Smith’s “lack of discretion and professional judgment."
Palmer Republican Sen. Shelley Hughes said Smith’s experience working alongside chiropractors rather than in primary or emergency care made her a poor fit for the board.
"Right now, she's not representing the kind of medicine that physicians assistants are practicing," Hughes said. "She is not doing the typical physical exam, she is not doing the diagnosis, she's not doing the treatment, which often includes prescribing."
Lawmakers also rejected the reappointment of correspondence school program manager Kim Bergey to the Professional Teaching Practices Commission. That vote was much closer, 26-33. Opponents said state law required commissioners to be selected from a list submitted by a professional organization, and that Bergey was not on that list. Lawmakers did not object to Dunleavy's appointment of Bergey to the state Board of Education and Early Development.
The Legislature confirmed dozens of other Dunleavy appointees, almost all by unanimous consent.
Lawmakers also unanimously confirmed the state's acting ombudsman, Jacob Carbaugh, for a five-year term. He succeeds the prior ombudsman, Kate Burkhart, who resigned in April. The ombudsman's office investigates complaints against state agencies and provides recommendations for improvement.
