Legislature(2011 - 2012)HOUSE FINANCE 519
03/08/2011 09:00 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB13 | |
| HB126 | |
| HB80 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 13 | TELECONFERENCED | |
| + | HB 80 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 126
"An Act extending the termination dates of the Board
of Nursing, the Board of Dental Examiners, the Board
of Barbers and Hairdressers, the Regulatory Commission
of Alaska, and the Alcoholic Beverage Control Board;
and providing for an effective date."
9:30:45 AM
Co-Chair Stoltze discussed that there was a CS for HB 126
that amended the omnibus sunset extension bill and removed
the Regulatory Commission of Alaska (RCA) and the Alcohol
Beverage Control Board (ABC).
Vice-chair Fairclough MOVED to ADOPT Work Draft CSHB
126(FIN) 27-LS0321\I (Kirsh, 3/1/11).
There being NO OBJECTION, it was so ordered.
RENA DELBRIDGE, STAFF, REPRESENTATIVE MIKE HAWKER,
discussed that Representative Hawker was the Legislative
Budget and Audit chairman and that he supported the omnibus
extension. She relayed that Representative Hawker believed
the omnibus was the most efficient mechanism for routine
board and commission extensions.
Co-Chair Stoltze noted that noncontroversial sunset bills
usually came before the committee one at a time and had
individual sponsors.
Representative Gara commented that he did not need a verbal
review of the reports in the file, given that the
extensions were noncontroversial.
Co-Chair Stoltze asked for a brief explanation of the bill.
PAT DAVIDSON, LEGISLATIVE AUDITOR, DIVISION OF LEGISLATIVE
AUDIT, discussed the division's recommendation that boards
should make timely investigations. She explained that
health and safety issues were dealt with first and there
were long periods of inactivity associated with
investigations of complaints for boards.
Ms. Davidson notified the committee that the financial
status of the Board of Barbers and Hairdressers was
generally alright; however, the division recommended that
the public member either resign or surrender their license
because board members were not supposed to engage in the
profession they were actively regulating. The member was no
longer an active hairdresser, but according to statute the
surrender of a license or the resignation from the board
was required. Apart from the timely investigations there
had been no recommendations for the Board of Dental
Examiners. The board's accumulated surplus was addressed by
the reduction of fees during the FY 09 renewal cycle.
Ms. Davidson pointed to the Board of Nursing which had
three specific recommendations. First, the appropriate
entities should be notified when an advanced nurse
practitioner's authority to write prescriptions was revoked
or suspended by the board. Second, the board needed to
improve its oversight of certified nurse's aide training
programs. Sporadic onsite reviews had been conducted;
however, there had been no processing or review of the
self-evaluation forms that were submitted biannually.
Third, the current licensed practical nurse (LPN) appointed
to the board did not meet the statutory qualifications. She
explained that according to statute the board position was
to be held by an LPN working in an institutional nursing
situation, but the current board member was working as an
emergency medical technician. The board had built up a
substantial financial surplus as a result of past
accounting errors and had indicated its intention to drop
fees as much as 20 percent in the FY 11/FY 12 renewal
cycle.
9:36:57 AM
Representative Wilson asked how long the division gave a
board to fill a position when a member was asked to resign.
Ms. Davidson replied that the Division of Legislative Audit
did not have the ability to enforce its recommendations.
She specified that once the issue had been identified that
it was up to the appropriate division to take corrective
action.
Representative Gara wondered whether the boards that had
received recommendations for a member to resign would
report to the committee once the resignation had occurred.
Co-Chair Stoltze explained that Don Habeger with the
Department of Commerce, Community and Economic Development
(CCED) would address the question.
Vice-chair Fairclough wondered whether it would be helpful
for Representative Hawker to issue a letter to the
department on behalf of the House Finance and Legislative
Budget and Audit Committees that requested compliance on
the recommendations and asked it to follow-up with the
committee no later than the end of session or the following
year. She discussed the ability to know whether boards were
in compliance prior to a bill vote on the House floor.
Representative Guttenberg wondered about the purpose of the
prohibition that existed in AS 44.66.050 (e) that prevented
the bill from reestablishing more than one board or
commission.
Ms. Davidson replied that according to statute, a bill
should have no more than one board extension associated
with it. She did not know the history of the statute.
Co-Chair Stoltze remembered a bill that had included 12 to
15 board extensions before his time in the legislature.
9:40:21 AM
DON HABEGER, DIRECTOR, DIVISION OF CORPORATIONS BUSINESS
AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE,
COMMUNITY AND ECONOMIC DEVELOPMENT, addressed an earlier
question from Representative Gara. He believed that the
member in question had surrendered the license, which
brought the Board of Barbers and Hairdressers into
compliance. He would get back to the committee with an
affirmative answer.
Mr. Habeger examined other issues and concerns that had
been discussed. The division was working diligently to
correct the timely investigation issue that had been
highlighted in each legislative audit. As a result of the
audit the division had replaced an old database that lacked
a mechanism to flag older cases. The division was working
to implement a new system that was specifically made for
licensing activities nationwide. The division hoped to
report the following year that the timely investigation
problems had been resolved.
Mr. Habeger communicated that there had been a $1.4 million
roll-forward related to nurses' fees. Fees were reviewed
and adjusted on an annual basis. Some of the fees he had
reviewed had increased and others had remained the same. He
explained that any existing surpluses were used to amortize
licensing fees.
Representative Neuman recalled that the Board of Nursing
had lacked the ability to resolve a situation in which a
non-licensed nurse practitioner had written prescriptions.
He wondered whether Mr. Habeger was familiar with the
situation.
Mr. Habeger replied that he was familiar with one case that
the division had recently handled. He relayed that
licensing actions had been brought against the individual.
He had worked with the board's chair and executive director
to develop a way to make reporting available to a broader
group. He added that the Board of Nursing website included
information on licensing action.
9:45:12 AM
Representative Neuman asked about the inappropriately
occupied positions on the Board of Nursing that had been
cited in the audit. He contemplated whether a reduction to
the eight-year board term was necessary in order to
increase the legislature's oversight. He wondered how to
deal with the board positions that were filled
inappropriately.
Mr. Habeger responded that he did not recall the issue with
the Board of Nursing. He agreed that it was a challenge to
keep track of the 129 board members on approximately 20
boards. He noted the concern and would keep it in mind.
Representative Wilson cited the Legislative Budget and
Audit recommendation that the director of boards should
fill the LPN position with an individual that was currently
involved in institutional nursing services. She understood
that the current Board of Nursing LPN position was filled
by an individual in the emergency field and asked CCED to
notify the committee when the issue had been corrected.
Representative Gara asked how quickly CCED could let the
committee know about the course of action related to
removing the board member. He noted that once the committee
approved the board that it had no authority to get the
department to replace the position.
Mr. Habeger replied that he would work with the governor's
office, as it was responsible for the appointment of board
positions. He believed that the issue had been rectified
shortly after the legislative audit had been released. He
would provide the committee with a detailed answer as soon
as possible.
Co-Chair Stoltze referenced earlier commentary regarding
the eight-year board term and noted that any member on the
committee could introduce legislation to address a
dysfunction.
Representative Gara requested that CCED notify the
Legislative Audit Division when the issues related to the
Board of Barbers and Hairdressers and the Board of Nursing
had been resolved. He asked the Legislative Audit Division
to let the committee know whether it felt that the concern
had been addressed.
Mr. Habeger responded in the affirmative.
Co-Chair Stoltze observed that the governor's office was
ultimately responsible for making the substantive changes.
Vice-chair Fairclough communicated that the committee could
zero-out the fiscal note or ask the House Rules Committee
chair to hold the bill until the requested answers had been
provided.
Co-Chair Stoltze was comfortable moving the fiscal note
forward. He reflected on more challenging issues related to
boards and commissions in the past. He opined that the
current issues were substantive, but solvable.
9:51:09 AM
Representative Doogan expressed his expectation that
affirmative answers would be provided prior to a bill
hearing on the House floor.
Co-Chair Stoltze responded that the committee would ask the
House Rules Committee chair to hold the bill until the
answers had been received.
Representative Doogan did not anticipate any problems, but
was aware that problems did happen.
Ms. Delbridge responded that the Legislative Budget and
Audit Committee would be happy to make certain that
concerns were addressed and to ensure that audit
recommendations were followed.
Vice-chair Fairclough MOVED to report CSHB 126(FIN) out of
committee with individual recommendations and the
accompanying fiscal note.
Representative Gara OBJECTED for purpose of discussion. He
wanted to make certain that the controversial RCA and ABC
boards were voted on during the current session, given that
both boards sunset in the current year.
Co-Chair Stoltze believed the issues related to the boards
were more substantive, but not controversial. He relayed
that the committee would address each of the boards.
Representative Gara WITHDREW his OBJECTION.
CSHB 126(FIN) was REPORTED out of committee with a "do
pass" recommendation and with a new fiscal note by the
Department of Commerce, Community and Economic Development.
9:54:12 AM
AT EASE
9:57:12 AM
RECONVENED