Legislature(2021 - 2022)BELTZ 105 (TSBldg)
02/24/2021 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB54 | |
| SB86 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 54 | TELECONFERENCED | |
| *+ | SB 86 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 86-TEMPORARY PERMITS & LICENSES
1:57:10 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of SENATE BILL NO. 86, "An Act relating to
occupational licensing; relating to temporary licenses, permits,
and certificates; and providing for an effective date."
1:57:51 PM
KATIE MCCALL, staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, introduced SB 86 on behalf of the
Senate Labor and Commerce Committee, reading the sponsor
statement into the record:
Senate Bill 86 adapts language originally found in
Senate Bill 56, the Governor's public health disaster
emergency bill, by providing a means to issue
temporary licenses, permits, and certificates under
statutory law.
The distinction between Senate Bill 86 and Senate Bill
56 is that the Governor's bill only amended uncodified
law to allow for expedited licensing during the novel
coronavirus disease public health disaster emergency.
By placing a temporary licensing process in statute,
our state laws become more COVID-19-aware and the
state has the means to maintain operations during
times of unprecedented need, even when a disaster
emergency declaration is not in place.
MS. MCCALL explained that SB 86 highlights whether or not the
legislature wants to put a provision like this in statute rather
than in uncodified law.
SENATOR STEVENS asked why the legislature would address
temporary licenses in uncodified law when a disaster declaration
would be much simpler and do the same thing.
CHAIR COSTELLO explained that SB 86 is one of several bills that
have been introduced in the absence of a new disaster
declaration that target some of the topics that the governor's
SB 56 encompassed. She said this this may or may not be the best
approach but it does provide a more deliberative process.
2:04:34 PM
SENATOR STEVENS said his concern was the potential to miss some
issue that could have been addressed by the disaster
declaration. He noted that he learned just yesterday that 15
rules covered under the disaster declaration for education need
to be put into uncodified law. For example, many districts have
been hiring teachers without certification and that needs to be
in some bill.
CHAIR COSTELLO said the governor chose not to declare a disaster
and he oversees all the executive branch departments. "We're
willing to work with the administration on a path forward," she
said.
2:05:43 PM
MS. MCCALL read the sectional analysis for SB 86 into the
record:
Sec. 1 AS 08.01.062 Page 1, Lines 4-14 & Page 2,
Line 1
Repeals current statutory language establishing
temporary courtesy licenses for nonresidents.
Subsection (a) contains new language establishing that
the Department of Commerce, Community, and Economic
Development has the ability to issue a temporary
license, permit, or certificate to an individual who
holds a corresponding license, permit, or certificate
in another jurisdiction.
Subsection (b) establishes that a temporary license,
permit, or certificate is valid for one year and
allows the license, permit, or certificate holder to
temporarily practice the occupation for which it was
granted.
Sec. 2 AS 08.11.050 Page 2, Lines 2-14
Removes "temporary license" from this section.
Renumbers subsections accordingly.
Sec. 3 AS 08.13.070 Page 2, Lines 15-31 & Page 3,
Lines 1-11
Amends subsections (1) (6) (7) and (8) by removing
"temporary permit" from each subsection. Amends these
same subsections by adding language specifying that a
temporary license is issued under AS 08.01.062. Adds
"temporary supervised practice license" to these same
subsections.
MS. MCCALL quoted from a legal memo [from Legislative Counsel
Sandon M. Fisher dated February 11, 2021] that explained the
rationale for the change. The excerpt read as follows:
3. Under current law, a person who have applied to
take the examination for a license to practice as a
barber or a hairdresser is eligible to receive a
temporary license under AS 08.13.175 so long as the
person works under the supervision of a licensee.
Similarly, veterinary applicants awaiting examination
results are eligible to receive a temporary license
under AS 08.98.180 if they practice under supervision.
The draft bill changes the name of these license to
"temporary supervised practice license." AS 08.63.130
also authorizes a temporary license while waiting to
take the examination, but without the supervision
requirement.
MS. MCCALL explained that "temporary permit" is replaced with
"temporary supervised practice license" throughout the bill.
Sec. 4 AS 08.13.130(a) Page 3, Lines 12-21
Is amended by removing "or temporary permit" from this
section. Adds language specifying that a temporary
license is issued under AS 08.01.062. Adds "temporary
supervised practice license" to this section.
Sec. 5 AS 08.13.150 Page 3, Lines 22-29
Is amended by removing "or temporary permit" from this
section. Adds language specifying that a temporary
license is issued under AS 08.01.062. Adds "temporary
supervised practice license" to this section.
Sec. 6 AS 08.13.175 Page 3, Lines 30-31 & Page 4,
Lines 1-11
Changes the title of this section from "temporary
license" to "temporary supervised practice license."
Removes "be temporarily licensed" from this section
and replaces it with "receive a temporary supervised
practice license." Inserts language to specify that
each temporary license listed in this section is a
temporary "supervised practice" license.
Sec. 7 AS 08.13.185(a) Page 4, Lines 12-31 & Page 5,
Line 1
Removes "temporary permit" from subsection (a)(12) and
renumbers subsections accordingly. Inserts language to
specify that a temporary license listed under this
section is a temporary
"supervised practice" license.
2:10:21 PM
Sec. 8 AS 08.13.190 Page 5, Lines 2-15
Amends subsections (a) and (b) by removing "temporary
permit" from those subsections. Adds language to
subsections (a) and (b) specifying that a temporary
license is issued under AS 08.01.062. Adds "temporary
supervised practice license" to those subsections.
Sec. 9 AS 08.20.180(a) Page 5, Lines 16-22
Is amended by removing language pertaining to the
issuance of a temporary permit and a locum tenens
permit under this section.
Sec. 10 AS 08.36.100 Page 5, Lines 23-26
Removes AS 08.36.254 as an exception to the provision
that a person may not practice, or attempt to
practice, dentistry without a license.
Sec. 11 AS 08.63.130 Page 5, Lines 27-31 & Page 6,
Lines 1-7
Changes the title of this subsection by inserting the
word "practice." Inserts language to specify that a
temporary license listed under this section is a
temporary "practice" license.
Sec. 12 AS 08.64.279 Page 6, Lines 8-12
Is amended by removing language pertaining to a
temporary permit for locum tenens practice.
Sec. 13 AS 08.64.315 Page 6, Lines 13-23
Removes subsection (4) "temporary permit" and
subsection (5) "locum tenens permit." Renumbers
subsections accordingly.
Sec. 14 AS 08.68.220 Page 6, Lines 24-31 & Page 7,
Lines 1-13
Removes "temporary permit" from subsections (1) (2)
and (3).
Sec. 15 AS 08.80.160 Page 7, Lines 14-27
Removes subsection (5) "temporary license" and
subsection (8) "emergency permit." Renumbers
subsections accordingly.
Sec. 16 AS 08.84.010(b) Page 7, Lines 28-31 & Page 8,
Lines 1-12
Is amended by removing the issuance of "temporary
permits" from the State Physical Therapy and
Occupational Therapy Board.
2:12:08 PM
Sec. 17 AS 08.84.050 Page 8, Lines 13-21
Is amended to remove subsection (5) "temporary permit"
and subsection (6) "limited permit."
Sec. 18 AS 08.84.150 Page 8, Lines 22-31 & Page 9,
Lines 1-25
Is amended by replacing the word "limited" in
subsections (a)(3) and (b)(4) with the word
"temporary." The statute referenced in those same
subsections is replaced with AS 08.01.062.
Sec. 19 AS 08.98.120(a) Page 9, Lines 26-31 & Page 10,
Lines 1-3
Is amended by replacing the statute referenced in
subsection (a) with AS 08.01.062.
Sec. 20 AS 08.98.180 Page 10, Lines 4-13
Changes the title of this section from "temporary
license" to "temporary supervised practice license."
Removes "be temporarily licensed" from this section
and replaces it with "receive a temporary supervised
practice license." Inserts language to specify that a
temporary license described in this section is a
temporary "supervised practice" license.
Sec. 21 AS 08.98.190 Page 10, Lines 14-23
Inserts language specifying that a temporary license
listed in this section is a temporary "supervised
practice" license. Removes subsection (7) "temporary
permit."
Sec. 22 Page 10, Lines 24-28
Lists the sections that will be repealed as a result
of this Act.
Sec. 23 Page 10, Line 29
Establishes an effective date of January 1, 2022.
2:13:39 PM
SENATOR GRAY-JACKSON asked for the definition of a locum tenens
permit.
CHAIR COSTELLO asked Sara Chambers to answer the question. She
also asked her to discuss which professions had the most
regulations set aside to expedite temporary licensure and
whether or not there was already an expedited process in statute
for certain professions to receive a temporary license. She
noted that the legislature had passed legislation to expedite
licenses for military spouses and wondered whether the statutes
offered a similar accommodation to nurses or any other
profession.
2:15:41 PM
SARA CHAMBERS, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), Juneau, Alaska, responded to
Senator Gray-Jackson explaining that a locum tenens license is a
very specific temporary license that allows someone from out of
state to work for a limited and fixed period for a profession,
typically in the medical field. She noted that these
professionals are sometimes referred to as "travelers."
Responding to the chair's question, she offered to follow up
with the information. She explained that the division has a
variety of types of licenses ranging from a permanent two-year
license to a locum tenens temporary license to an emergency
curtesy license. All of these licenses differ according to the
licensing program and the decisions of the board that oversees
the profession.
MS. CHAMBERS said she wanted to clarify that while the term
"expediting" means moving forward quickly, it should not be
interpreted to mean that the requirements for licensure are
changed. The applicant still needs to meet all the requirements
in statute and regulation. For example, several years ago the
legislature required expedited handling of military spouse
licenses and the division does move those applications to the
front of the line, but there is no special pathway in most of
the professions.
She said the overseeing boards have not made a concerted effort
to adopt the temporary licensing provisions that are allowed
under AS 08.010.62. However, the language in SB 86 is similar to
Senate Bill 157 that the Governor introduced in 2020. That bill
spoke to the need to allow people who are qualified in other
jurisdictions to start working in Alaska while they finish the
Alaska requirements. If that bill had passed last year, it would
have been a useful tool. She said the division is looking at
this bill and other options to amend licensing practices to be
responsive to the healthcare system and the military.
2:20:07 PM
SENATOR REVAK related that the number one issue that he hears
from the military is licensure. He noted that he spoke with
people from the Department of Defense (DoD) earlier today who
said that the average wait nationally for an expedited license
is 10 months and Alaska is not one of the better states for
expedited licensing. He asked if a temporary license and an
expedited full state license were different.
MS. CHAMBERS replied that expedited licensure means the
application is moved to front of line whereas a temporary
license or another type of license allowed in statute or
regulation to change the license requirements to offer a
license, as SB 86 does, to someone who meets standards that may
be slightly different than what is currently in statute.
She advised that the division has been working closely with DoD
and the military communities for several years to try to change
the statute. She said the Governor had several bills last year
on this topic, there is the nurse licensure compact this year,
and SB 86 would also give the division tools to legally allow
this type of license to be issued. The Department of Commerce,
Community and Economic Development (DCCED) cannot do this
without legislative authority. The overseeing boards may have
the ability but they have not moved forward. SB 86 would shift
the ability from the boards to the department, which could save
weeks to months compared to the time it takes the boards to
analyze, review, and vote on a license, which they are required
to do.
SENATOR REVAK highlighted the concern he heard from DoD about
the number of families that have opted not to move to Alaska.
Licensure was one of the reasons that has been mentioned.
SENATOR REVAK asked the average time to process out of state
occupational licenses when they are and are not expedited and
the time it takes to receive a temporary license.
2:24:08 PM
MS. CHAMBERS answered that each license type takes a different
amount of time because each is governed separately in statute
and regulation. The problem is not with the agency review but
with the number and level of statutory and regulatory
requirements the applicant must fulfill. Some applicants have
hundreds of documents they must supply from educational
institutions and previous employers. This bogs them down and it
is beyond the division's control.
Once the applicant has sent all the required documentation,
which can take weeks or months depending on the sophistication
of the license requirements, the division conducts the internal
staff review and sends the application to the relevant board for
its review, which takes several additional weeks. When an
applicant is moved to the front of the line, the review can be
shortened from six weeks to two weeks, but that is on top of the
time it takes to supply all the documentation that statute and
regulation require.
MS. CHAMBERS said expediting the process after the statutory and
regulatory documentation has been supplied is different than
looking at the structure of the law and making a decision to do
things differently, which is what SB 86 does. Right now,
military spouses can have their application moved to the front
of the line but they still have to meet all the same
requirements as other applicants. The speed with which they pull
the requirements together is in their hands for part of it but
some of it is outside their control.
MS. CHAMBERS said putting temporary licensure in the
department's hands and helping to change the structure to give
military spouses the chance to work while they finish the
requirements for full licensure is a fundamental structure
change that also transfers to health care and all the other
professions that have to go through her office.
2:27:46 PM
SENATOR REVAK indicated his wish to see closure on the issue and
committed to continue to work to that end.
2:28:25 PM
CHAIR COSTELLO asked Ms. Chambers how many of the 14 pages of
regulations waived by the disaster declaration affected the
division and which ones were people asking for now that the
legislature might be able to accommodate without a disaster
declaration.
2:30:41 PM
MS. CHAMBERS said she appreciated the tools the legislature
provided in 2020 through Senate Bill 241 that made it possible
for the department to respond quickly to the changing healthcare
and economic needs during the COVID-19 pandemic. She reported
that all the statutory and regulatory suspensions pertaining to
her division were elements to assist with the economic downturn
that all states faced.
She explained that the first element was the ability for the
division's professional boards and the department to issue
curtesy licenses on an expedited basis. That provided an
opportunity for all professions to get people licensed who
needed to continue to care for Alaskans who could no longer
travel. The curtesy licensing opened an opportunity for mental
health boards to help students who returned to Alaska from
college but still needed professional psychological care.
Curtesy licenses were moved quickly for those providers.
She said another area that was in Senate Bill 241 that the
Governor continued was a provision to allow physicians,
physician assistants (PAs), and nurses who were licensed in
other states to be able to provide limited telehealth to
Alaskans without getting a license in Alaska. This was important
to help the Alaskans who cannot travel to see specialty
providers that may not be available in Alaska. She noted that
out of state specialty providers who are not licensed in Alaska
are not able to deliver telehealth care to their patients while
they are in Alaska. That is what the telehealth provision under
the emergency disaster declaration accomplished.
MS. CHAMBERS said another provision in licensing that affected
the division was finger printing. During the early stages of the
COVID-19 pandemic in 2020, finger printers would not see people
in person so the department worked with the Department of Public
Safety through a federal compact to pause fingerprinting until
people were able to get those done in person.
She said the Governor also continued the provision in Senate
Bill 241 to give nonprofits, corporations, and Native
corporations the ability to meet virtually as long as the entity
had rules for that. She said this continuing need is under the
purview of the division.
2:37:25 PM
CHAIR COSTELLO highlighted SB 24 that addresses the issue of
corporations meeting virtually and SB 78 that relates to
telehealth as examples of the legislature trying to be
responsive to changing needs as well as making the statutes more
COVID aware. She asked if more nurses and locum tenens came to
Alaska during the pandemic.
MS. CHAMBERS replied there was already a shortage of nurses and
other providers before the pandemic. She said the division
issued more than 300 expedited emergency curtesy licenses to
nurses and several 100 more licenses for physicians and mental
health providers. She reminded members that the issue with
licensing is that it is a passthrough; applicants must meet the
legal requirements to obtain the document that allows them to
work legally. She said the nurse licensure compact is not before
the committee but the foregoing speaks to the need for statutory
streamlining. SB 86 works toward that and the Governor proposed
this legislation last year to get ahead of it.
2:42:17 PM
CHAIR COSTELLO asked if she believes that it would be helpful
for the department to have the authority to pass regulations to
issue temporary licenses for those professions that the boards
currently administer.
MS. CHAMBERS replied it would help the department to have that
final authority. She clarified that the department would
continue to work in partnership with their boards and
commissions to ensure continued high public safety standards and
review so this administrative streamlining would not degrade the
process.
CHAIR COSTELLO asked for an explanation of the changes
throughout the bill from "temporary license" to "temporary
supervised practice license."
2:46:14 PM
MS. CHAMBERS replied she did not know the intent but in practice
it means that the department would be able to issue a temporary
license and the board would retain the ability to issue a
supervised practice license. She noted that boards often use
this authority to allow somebody who is in a student or journey
phase to work under a person who is fully licensed. She offered
to work with the chair's staff to learn more about the intent of
the change.
SENATOR GRAY-JACKSON asked for the number of certified nursing
assistant (CNA) vacancies statewide.
MS. CHAMBERS replied she would follow up with the data point but
the department has known for a long time that there is a
shortage in Alaska. She noted that the Board of Nursing, which
oversees CNA licenses, just adopted emergency regulations to
help CNA programs bolster their ability to recruit and retain
faculty for those programs. The intention is to make those
regulations permanent.
SENATOR GRAY-JACKSON asked for the number of hours required for
CNA certification.
MS. CHAMBERS replied she would follow up with the information.
2:48:43 PM
CHAIR COSTELLO held SB 86 in committee for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 54 v. A.PDF |
SL&C 2/24/2021 1:30:00 PM |
SB 54 |
| SB 54 Transmittal Letter.pdf |
SL&C 2/24/2021 1:30:00 PM |
SB 54 |
| SB 54 Sponsor Statement.pdf |
SL&C 2/24/2021 1:30:00 PM |
SB 54 |
| SB 54 Fiscal Note 1.PDF |
SL&C 2/24/2021 1:30:00 PM |
SB 54 |
| SB 54 AHFC Presentation 2.24.21.pdf |
SL&C 2/24/2021 1:30:00 PM |
SB 54 |
| SB 86 v. A.PDF |
SL&C 2/24/2021 1:30:00 PM |
SB 86 |
| SB 86 Sponsor Statement.pdf |
SL&C 2/24/2021 1:30:00 PM |
SB 86 |
| SB 86 Sectional Analysis.pdf |
SL&C 2/24/2021 1:30:00 PM |
SB 86 |
| SB 86 Fiscal Note DCCED.pdf |
SL&C 2/24/2021 1:30:00 PM |
SB 86 |