Legislature(2001 - 2002)
03/15/2002 03:20 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 244-OPTOMETRISTS: SUNSET AND MISCELLANEOUS Number 0020 CHAIR MURKOWSKI announced that the first order of business would be CS FOR SENATE BILL NO. 244(RLS), "An Act extending the termination date of the Board of Examiners in Optometry; and relating to optometrists." Number 0090 HEATHER BRAKES, Staff to Senator Gene Therriault, Alaska State Legislature, presented SB 244 to the committee on behalf of the sponsor. She testified that SB 244 extends the termination date of the Board of Optometrists, rescinds an unreasonable licensing requirement, makes some statutory changes allowing the board to license by credentials, and updates continuing education requirements to bring them in line with current practice and regulations. It also eliminates the state practical exam in lieu of the National Board of Examiners and Optometry examination and implements an Alaska jurisprudence exam. MS. BRAKES referred to the audit report released on December 5, 2001, by the Legislative Audit Division, which lays out the objectives of the audit. Those objectives were to determine if the termination date of the board should be extended, if the board is operating in the public interest, and if the board has exercised appropriate regulatory oversight of licensed optometrists. The Division of Legislative Audit found that the Board of Examiners in Optometry should be extended to June 30, 2006, the standard for an extension. Auditors found that the regulation and licensing of qualified optometrists is necessary to protect the public's health, safety, and welfare, and that the board assists in providing the public benefit by establishing minimum educational and work experience standards for licensure. Number 0200 MS. BRAKES said the findings and recommendations of the auditor can be found on page 7 of the audit, and the response to those recommendations from the Division of Occupational Licensing are on page 15. She stated, "Senate Bill 244 was drafted based on those findings and recommendations in attempts to improve them." REPRESENTATIVE ROKEBERG asked if it is an audit recommendation that one can't send a photograph along with the application. MS. BRAKES responded in the affirmative, and said it was audit recommendation number one. She said that this is a recurring recommendation. Ms. Brakes, in further response to Representative Rokeberg, said she believes the reasoning behind the audit recommendation was that it leaves the board open to claims of discrimination. She noted that in the Senate, SB 244 went from one committee to the other putting in and taking out Section 2. She deferred further explanation to Ms. Davidson from the Legislative Audit Division. Number 0325 PAT DAVIDSON, Legislative Auditor, Legislative Audit Division, Alaska State Legislature, testified that the reason the division makes that recommendation is to eliminate any potential bias that could be introduced into a decision-making process that is sometimes subjective in nature. She said the division doesn't have a problem with collecting photographs, but as the board is looking at the qualifications of an individual, what that person looks like can introduce instances of bias that don't need to be present. She said, "It's fine to check IDs when you're taking tests. If Occupational Licensing wants to have them in their files, that's fine." Number 0395 CHAIR MURKOWSKI referred to this being a recurring recommendation by the Legislative Audit Division, and asked if this recommendation is consistent with any of the audits conducted of the boards. MS. DAVIDSON answered that although that is generally the case, there probably have been boards that have slipped by [without that provision]. She said Catherine Reardon has prepared a list of the boards that require photographs and those that don't. "I think the trend that you will see are those occupations that do require it, are those occupations that are not subject to sunset," she said. This has been an issue the Legislative Audit Division has taken up since the early 1980s. Number 0467 CHAIR MURKOWSKI asked if the current language in SB 244 would meet the Legislative Audit Division's approval in that they may require it, but the photograph is not then forwarded on to the board. MS. DAVIDSON said that the language does achieve the goal. Number 0520 CATHERINE REARDON, Director, Division of Occupational Licensing, Department of Community & Economic Development, testified in support of continuation of the board through SB 244. CHAIR MURKOWSKI pointed out that the House, today, passed legislation addressing licensure by credentials for optometrists. She expressed the need to ensure that what was passed this morning is consistent with the current regulations for licensure. She specified that she is concerned with the endorsements. MS. REARDON said that she didn't believe the two bills impact each other. The other bill contains all the statutes that refer to endorsements and establishes criteria for them. Therefore, those coming in for licensure by credentials would receive the regular optometrist license if the criteria were met; however, there is no mention of these people receiving any type of endorsement. An individual would have to apply for an endorsement just as one would obtaining their license by exam. Number 0713 REPRESENTATIVE ROKEBERG moved to report CSSB 244(RLS) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 244(RLS) was reported from the House Labor and Commerce Standing Committee.
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