Legislature(2017 - 2018)SENATE FINANCE 532
04/03/2018 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB302 | |
| HB280 | |
| HB274 | |
| HB278 | |
| HB273 | |
| HB275 | |
| HB279 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 76 | TELECONFERENCED | |
| + | HB 128 | TELECONFERENCED | |
| += | HB 286 | TELECONFERENCED | |
| + | HB 273 | TELECONFERENCED | |
| + | HB 274 | TELECONFERENCED | |
| + | HB 275 | TELECONFERENCED | |
| + | HB 278 | TELECONFERENCED | |
| + | HB 279 | TELECONFERENCED | |
| + | HB 280 | TELECONFERENCED | |
| + | HB 302 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR HOUSE BILL NO. 275(FIN)
"An Act extending the termination date of the Board of
Massage Therapists; relating to license renewal and
criminal history record checks for massage therapists;
and providing for an effective date."
10:24:11 AM
REPRESENTATIVE SAM KITO, SPONSOR, discussed CSSB 275(FIN).
He stated that the bill would extend the Board of Massage
Therapists. He shared that the bill was only recently
established. Some of the audit recommendations were being
addressed in another piece of legislation. He remarked that
there was some overlap between an amendment in the bill,
and HB 110, which may need to be resolved. He stated that
the bill included a reduction in the frequency of
background checks. He remarked that the initial legislation
required the background check at every renewal cycle. The
current version changed the background check to occur every
third renewal cycle to decrease the administrative burden
and cost.
CRYSTAL KOENEMAN, STAFF, REPRESENTATIVE SAM KITO, noted
that Legislative Audit recommended a four-extension to
2022. The other body recommended a six-year extension based
on potential savings to Legislative Audit, and steps that
the board was taking to address the audit recommendations.
The board was created in 2015, and the licensing fees were
based on an estimate of 600 massage therapists. She
announced that the number had grown significantly. She
shared that there were 1186 new licenses at the time of the
audit. She remarked that there were over 1400 active
licenses in the last licensing cycle. She stated that the
division had taken steps to adjust the licensing fees
accordingly. She announced that there were three audit
recommendations. She reiterated that there was another
piece of legislation, because some of those recommendations
were better addressed through statutory changes.
10:27:18 AM
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, discussed the document "A Sunset Review
of the Department of Commerce, Community, and Economic
Development, Board of Massage Therapists (board)," (copy on
file). She remarked that it was a new board, and this was
its first sunset review. The audit found that the board was
serving the public's interest in all areas except
licensing. She stated that the audit found that applicants
were not consistently issued licenses in according with
statutes, regulations, or their procedures. Additionally,
there was an FBI audit that found improvements were needed
to comply with federal standards over criminal history
record information obtained as part of the licensing
process. The audit recommended that the legislature extend
the board for only four years. She highlighted the features
of the audit.
10:33:13 AM
Senator von Imhof asked about the significance of the
phrase, "additional supervisory resources are needed."
Ms. Curtis surmised that the department's comments may mean
that they need additional financial resources. She deferred
to Ms. Chambers.
SARA CHAMBERS, DEPUTY DIRECTOR, DIVISION OF CORPORATIONS,
BUSINESS AND PROFESSIONAL LICENSING, DEPARTMENT OF
COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT, stated that
the program was anticipated to have 600 licensees, while
here was currently 1,400. She remarked that some of the
unusual requirements caused some stress. She remarked that
additional staff was needed for the board.
Senator von Imhof wondered whether there should be an
administrative fee taken from some of the board surpluses
to help with some of the supervisory positions.
Ms. Chambers stated that the department had found the
procedural errors that the additional oversight (to make
sure procedures were followed) was necessary and extended
to board training.
10:38:07 AM
Senator Micciche wanted to learn what management of boards
and commissions cost comprehensively. He believed there
were many costs that were unaccounted for. He acknowledged
that some boards were much more labor intensive than
others.
Ms. Chambers was happy to share the information with the
committee. She stated that the department had documentation
of indirect expenses.
Ms. Curtis stated that page 14 standard.
Co-Chair MacKinnon OPENED public testimony.
DAVID EDWARDS-SMITH, CHAIR, BOARD OF MASSAGE THERAPISTS,
KENAI (via teleconference), spoke in support of the bill.
Co-Chair MacKinnon asked how the board was complying with
the federal findings.
Mr. Edwards-Smith asked if Co-Chair MacKinnon was referring
to the findings pertaining to fingerprint chain of custody.
Co-Chair MacKinnon agreed.
Mr. Edwards-Smith affirmed that the application had been
changed to inform applicants of the use of fingerprints.
10:43:26 AM
Co-Chair MacKinnon asked if Mr. Edwards-Smith had adopted a
policy to motivate the department to adopt a policy.
Mr. Edwards-Smith stated that the board considered the
subject to be a division issue.
Co-Chair MacKinnon wondered whether the department had
addressed the FBI audit findings for the particular
licensure.
Ms. Chambers stated that there were 3 areas that the FBI
identified. She announced that there were channels of
communication which allowed for hacking into the system to
get access to certain documentation. She shared that there
was a new secure piece of technology that met the FBI
requirements. She stated that the application concern was
corrected prior to the conclusion of the audit. The
inadequate chain of custody was currently being addressed
by working with other agencies and departments to see if
there were opportunities to share resources to secure a
fingerprint card to meet the federal recommendations. She
remarked that there was no statutory provision to maintain
chain of custody. She remarked that a statute change may be
needed to alter the mandate to process fingerprint cards.
10:46:48 AM
Co-Chair MacKinnon felt that it was unacceptable. She
remarked that the department had been given a year to
address the concerns. She felt that it was the
administration's responsibility to comply with existing
law. She wanted to meet with Ms. Chambers at a later time.
Ms. Chambers was happy to meet with Co-Chair MacKinnon and
other parties to address the concerns.
Co-Chair MacKinnon wondered if there was further
information about why the administration did not comply
with the chain of custody issue, other than the assertion
of a change in statute.
Ms. Chambers replied that the data was secure. She stressed
that the question was about whether the fingerprints were
actually the applicant.
Vice-Chair Bishop asserted that there were a myriad of
fingerprinting protocols in different state agencies.
10:50:04 AM
VOLKER HRUBY, AMERICAN MASSAGE THERAPY ASSOCIATION ALASKA
CHAPTER, ANCHORAGE (via teleconference), testified in
support of the bill. He noted that a recent audit had
identified suggestions. The reasons for establishing the
board were the same reasons he believed the board should be
extended. He thought while the division did a good job
providing support for the board, it was not qualified to
perform the functions of the board. He referenced comments
by Ms. Chambers.
Mr. Hruby continued his testimony, and considered that the
board had done a good job implementing statute. He urged
committee members to move the bill from committee.
JILL MOTZ, SELF, MATSU (via teleconference), testified in
support of the bill. She understood that the fingerprint
issue was an issue. The board had gathered from the FBI
report that it was necessary to gather more information.
Co-Chair MacKinnon reminded that the committee's
responsibility to ensure that there was compliance with
state statutes and federal requirements. She did not
consider the bill to be stalled in committee.
Vice-Chair Bishop thought that the committee was attempting
to protect the integrity of the therapists with their
fingerprints.
Co-Chair MacKinnon CLOSED public testimony.
10:55:41 AM
Vice-Chair Bishop addressed the fiscal note.
Co-Chair MacKinnon pointed out that the board cost more
than what was reflected on the fiscal note
Co-Chair MacKinnon announced the due date for the
amendments.
Co-Chair MacKinnon announced visitors to the committee in
the audience.
HB 275 was HEARD and HELD in committee for further
consideration.