Legislature(2021 - 2022)BELTZ 105 (TSBldg)

03/31/2021 01:30 PM LABOR & COMMERCE

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Audio Topic
01:29:32 PM Start
01:31:00 PM Confirmation Hearing(s)
02:08:34 PM SB86
02:37:08 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
- Real Estate Appraisers Board
William "Leon" McKean
- Real Estate Commission - Traci Heaton
- Board of Marital & Family Therapy - Kayla Green
- Board of Certified Direct-Entry Midwives
Rachel Pugh
- Board of Chiropractic Examiners - John Lloyd
- Board of Pharmacy - Richard Holt
- Board of Veterinary Examiners
Rachel Berngartt
- Fishermen's Fund Advisory and Appeals Council
Renee Weddle Alward
- Occupational Safety & Health Review Board
Vincent Perez, Thomas Trosvig
- Physical Therapy & Occupational Therapy Board
Jody Pfeiffer
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 86 TEMPORARY PERMITS & LICENSES TELECONFERENCED
Moved CSSB 86(L&C) Out of Committee
-- Invited & Public Testimony --
**Streamed live on AKL.tv**
              SB  86-TEMPORARY PERMITS & LICENSES                                                                           
                                                                                                                                
2:08:34 PM                                                                                                                    
CHAIR COSTELLO 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."                                                                                                             
                                                                                                                                
She listed the individuals available to answer questions.                                                                       
                                                                                                                                
CHAIR COSTELLO solicited a motion to adopt Amendment 1.                                                                         
                                                                                                                                
2:09:26 PM                                                                                                                    
SENATOR HOLLAND moved Amendment 1, work order 32-LS0531\B.1.                                                                    
                                                                                                                                
                                                 32-LS0531\B.1                                                                  
                                                       Fisher                                                                   
                                                      3/31/21                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO: CSSB 86(L&C), Draft Version "B"                                                                                   
                                                                                                                                
                                                                                                                                
     Page 2, line 4, following "10":                                                                                            
          Insert "business"                                                                                                     
                                                                                                                                
2:09:36 PM                                                                                                                    
SENATOR REVAK objected for discussion purposes.                                                                                 
                                                                                                                                
CHAIR  COSTELLO  explained  that the  Division  of  Corporations,                                                               
Business, and Professional Licensing  requested the amendment. On                                                               
page 2, line 4 it adds  the word "business" after the number "10"                                                               
to  clarify that  the division  would provide  a military  spouse                                                               
with a  temporary license 10  business days after receipt  of the                                                               
application.                                                                                                                    
                                                                                                                                
2:10:20 PM                                                                                                                    
SENATOR REVAK removed his objection.                                                                                            
                                                                                                                                
CHAIR COSTELLO  found no  further objection  and Amendment  1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
2:10:32 PM                                                                                                                    
CHAIR COSTELLO opened public testimony on SB 86.                                                                                
                                                                                                                                
2:10:45 PM                                                                                                                    
DR. DAVID  NIELSEN, Chair, Board of  Dental Examiners, Anchorage,                                                               
Alaska, stated that  the board had not discussed SB  86 so he was                                                               
not  relaying  the  Board's official  position.  However,  it  is                                                               
similar to a  temporary license bill that was part  of an omnibus                                                               
bill  last session  that  the board  raised  concerns about.  The                                                               
first concern was  that the term "other  jurisdiction" in Section                                                               
1 was too  general. At least for the field  of dentistry, he said                                                               
it would need to specify  jurisdictions within the US. This would                                                               
make  it clear  that  licensees from  other  countries would  not                                                               
qualify for a  temporary license under that  provision. The board                                                               
also felt  it was important that  the board had control  over the                                                               
boxes  the  department  had  to  check  when  it  was  issuing  a                                                               
temporary permit.                                                                                                               
                                                                                                                                
He said  he believes  the bottleneck  in issuing  timely licenses                                                               
and  permits relates  directly  to the  fact  that the  licensing                                                               
examiner  has an  overwhelming  workload. He  noted  that he  was                                                               
working with  the fifth licensing examiner  since his appointment                                                               
to  the board  and that  has not  helped with  expediency. Adding                                                               
this temporary license might add to the workload, he said.                                                                      
                                                                                                                                
DR.  NIELSEN stated  support  for the  concept  of the  temporary                                                               
license  option  as  long  as  the board  had  control  over  the                                                               
qualifications  for who  receives the  temporary license  and the                                                               
power to revoke  the license if something was  uncovered that was                                                               
disqualifying.                                                                                                                  
                                                                                                                                
2:14:32 PM                                                                                                                    
CHAIR COSTELLO  said she shares  the concern about  the workload,                                                               
and  it  was  her  intention  to  add  three  positions  and  the                                                               
budgetary increase  so the  department would  be able  to fulfill                                                               
the requirements  of the bill.  The Finance Committee  would look                                                               
at that addition in more detail.                                                                                                
                                                                                                                                
CHAIR  COSTELLO asked  Ms.  Chambers to  talk  about whether  the                                                               
applicants would  go through the  different licensure  boards and                                                               
whether  the boards  would control  which  applicants received  a                                                               
license.                                                                                                                        
                                                                                                                                
2:16:16 PM                                                                                                                    
SARA CHAMBERS,  Director, Division of Corporations,  Business and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic  Development (DCCED),  Juneau, Alaska,  speaking to  the                                                               
issue of  board control,  said the  bill places  the streamlining                                                               
requirement and mandated timeline for  issuing the license on the                                                               
department's shoulders.  The division's  intent would be  to work                                                               
with each  of the boards  to ensure that the  regulations address                                                               
appropriate  side-rails  and   interpretations.  For  example,  a                                                               
licensure requirement for  Alaska engineers is to  take an Arctic                                                               
engineering course. To prevent a  significant delay in licensure,                                                               
the division  could issue  the temporary  license with  the side-                                                               
rail that the individual could  not build structures in Fairbanks                                                               
and   north  until   they  had   fulfilled  that   Arctic  course                                                               
requirement.  They  would not  qualify  for  a permanent  license                                                               
until  they met  that  requirement. She  acknowledged that  while                                                               
that  was her  intent,  it  was not  mandated.  It  was a  policy                                                               
decision the division was willing  to work on with the committee,                                                               
she said.                                                                                                                       
                                                                                                                                
CHAIR COSTELLO highlighted that the  bill takes effect January 1,                                                               
2022  and asked  if the  division could  work with  the licensure                                                               
boards  to  draft the  regulations  so  a  board that  wanted  to                                                               
address  a particular  issue through  regulation would  have that                                                               
opportunity. She asked  Ms. Chambers if she was  willing to state                                                               
publicly that she would work with the boards.                                                                                   
                                                                                                                                
MS. CHAMBERS confirmed that her  intent was to work directly with                                                               
the boards  to develop regulations  that comply with  the statute                                                               
while maintaining  public safety.  She said this  is particularly                                                               
important in  the areas  where Alaska is  a little  different and                                                               
has requirements that other states do not have.                                                                                 
                                                                                                                                
CHAIR COSTELLO  asked if  the regulations  would address  all the                                                               
boards  or  if  some  regulations would  be  unique  to  specific                                                               
boards.                                                                                                                         
                                                                                                                                
2:19:46 PM                                                                                                                    
MS. CHAMBERS replied,  the department will have  the authority to                                                               
issue the license and they  will develop the regulations, but the                                                               
intention  is  to  work  with  the  individual  boards  on  those                                                               
regulations. She added, "Whether  it's written to cover everybody                                                               
or written  specifically, we're going  to have  to find a  way to                                                               
put some reasonable  limitations of practice that  speak to those                                                               
unusual,  carveout   sort  of   circumstances  like   the  Arctic                                                               
engineering example."                                                                                                           
                                                                                                                                
CHAIR   COSTELLO   referenced   Dr.   Nielsen's   concern   about                                                               
jurisdiction and  asked if  she reads  to bill  to mean  that the                                                               
jurisdiction is within the US.                                                                                                  
                                                                                                                                
2:21:28 PM                                                                                                                    
MS.  CHAMBERS  replied  she  agrees with  Dr.  Nielsen  that  the                                                               
language  in  the bill  could  be  interpreted  to apply  to  any                                                               
jurisdiction.  Nothing in  the bill  requires the  license to  be                                                               
substantially  equivalent  to  an   Alaska  license  and  if  the                                                               
department  were   to  deny  a  temporary   license  because  the                                                               
individual held a foreign license,  the case could be appealed to                                                               
the Office of Administrative Hearings.  If the intent is to limit                                                               
the jurisdiction to the US,  an amendment would clarify that, she                                                               
said.                                                                                                                           
                                                                                                                                
CHAIR COSTELLO asked her to restate the suggested language.                                                                     
                                                                                                                                
MS.   CHAMBERS  replied   the  department   requested  the   term                                                               
"substantial  equivalency"   for  the   similar  proposal   in  a                                                               
governor's bill last  year. She noted that  foreign standards can                                                               
vary widely  from American  standards and  may not  stipulate the                                                               
education was  conducted in English.  Absent the  suggested term,                                                               
she  said  she agrees  with  Dr.  Nielsen  that the  bill  should                                                               
clarify it is talking about a jurisdiction within the US.                                                                       
                                                                                                                                
CHAIR   COSTELLO   highlighted   that  certain   boards   oversee                                                               
professions, such  as dentistry or medicine,  where the potential                                                               
risk to  the public is much  greater than others if  the licensee                                                               
isn't adequately trained. She asked  Ms. Chambers if she believes                                                               
that temporary licenses should be  available for every profession                                                               
or if some should be exempted from this or similar legislation.                                                                 
                                                                                                                                
MS.  CHAMBERS  advised  that  many states  have  looked  at  that                                                               
question and  found no substantial difference  between dentistry,                                                               
medicine, or nursing  across all US jurisdictions.  She said most                                                               
of the backlog in licensure is  in those fields but having a tool                                                               
like this bill  offers would be helpful for  all professions. She                                                               
clarified  that she  would not  give the  same endorsement  for a                                                               
permanent license that  could be renewed but a  lot of safeguards                                                               
are  built  into the  process  to  allow temporary,  nonrenewable                                                               
licenses as a reasonable pathway for all licenses.                                                                              
                                                                                                                                
CHAIR COSTELLO  asked Ms. Perreault  if she had  public testimony                                                               
to offer on SB 86.                                                                                                              
                                                                                                                                
2:26:58 PM                                                                                                                    
TAMMIE  L. PERREAULT,  Northwest Regional  Liaison, Defense-State                                                               
Liaison  Office,  Office of  the  Deputy  Assistant Secretary  of                                                               
Defense, Joint Base  Lewis McCord, Washington, stated  that SB 86                                                               
is  a  great opportunity  for  military  spouses and  her  office                                                               
appreciates  the  work  that  the  department  has  done  on  the                                                               
legislation.  She  said  16  states have  enacted  this  type  of                                                               
legislation and  people are realizing  that for  most professions                                                               
the requirements are very similar  from one state to another. She                                                               
said  that  is why  the  Council  of  State Governments  and  the                                                               
National  Council  of State  Legislatures  have  been working  to                                                               
support  this type  of licensure  reform. She  reiterated support                                                               
for SB 86.                                                                                                                      
                                                                                                                                
2:28:42 PM                                                                                                                    
CHAIR COSTELLO closed public testimony on SB 86.                                                                                
                                                                                                                                
2:28:50 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:31:51 PM                                                                                                                    
CHAIR  COSTELLO reconvened  the  meeting and  explained that  the                                                               
offline discussion  was about conceptually  amending the  bill to                                                               
reflect that  the jurisdiction where  someone is  licensed should                                                               
be substantially equivalent to Alaska licensure requirements.                                                                   
                                                                                                                                
2:32:39 PM                                                                                                                    
SENATOR HOLLAND moved conceptual  Amendment 2 to add "substantial                                                               
equivalency" in  Section 1,  page 1, line  8, following  the word                                                               
"jurisdiction"  with  the  understanding that  Legislative  Legal                                                               
Services has authority to make technical changes.                                                                               
                                                                                                                                
CHAIR COSTELLO objected for questions or comments.                                                                              
                                                                                                                                
SENATOR REVAK said he appreciates  the committee's effort on this                                                               
bill  because  licensure   is  a  big  issue   for  the  military                                                               
community.                                                                                                                      
                                                                                                                                
2:33:43 PM                                                                                                                    
CHAIR  COSTELLO   removed  her  objection;  finding   no  further                                                               
objection, conceptual Amendment 2 was adopted.                                                                                  
                                                                                                                                
CHAIR COSTELLO solicited the will of the committee.                                                                             
                                                                                                                                
2:34:15 PM                                                                                                                    
SENATOR HOLLAND moved to report the  CS for SB 86, work order 32-                                                               
LS0531\B   as    amended,   from   committee    with   individual                                                               
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
CHAIR COSTELLO found no objection  and CSSB 86(L&C), was reported                                                               
from the Senate Labor and Commerce Standing Committee.                                                                          
                                                                                                                                
CHAIR  COSTELLO  thanked  Dr.   Nielson  for  his  testimony  and                                                               
Director Chambers  for stating her  willingness to work  with the                                                               
boards  to  draft  regulations that  accommodate  the  particular                                                               
boards. She  noted that the bill  would pick up a  fiscal note to                                                               
reflect the  new positions. She  further mentioned that  the bill                                                               
came out of the governor's disaster declaration.                                                                                

Document Name Date/Time Subjects
SLAC GOV Appointee Leon McKean Board Application Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE REA LEON MCKEAN
SLAC GOV Appointee Leon McKean Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE REA LEON MCKEAN
SLAC GOV Appointee Traci Heaton Board Application Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE REC TRACI HEATON
SLAC GOV Appointee Kayla Green Board Application Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE MFT KAYLA GREEN
SLAC GOV Appointee Kayla Green Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE MFT KAYLA GREEN
SLAC GOV Appointee Rachel Pugh Board Application Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE CDEM RACHEL PUGH
SLAC GOV Appointee Rachel Pugh Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE CDEM RACHEL PUGH
SLAC GOV Appointee John Lloyd Board Application Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE CE JOHN LLOYD
SLAC GOV Appointee John Lloyd Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE CE JOHN LLOYD
SLAC GOV Appointee Richard Holt Board Application Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE BP RICHARD HOLT
SLAC GOV Appointee Richard Holt Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE BP RICHARD HOLT
SLAC GOV Appointee Rachel Berngartt Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE VE RACHEL BERNGARTT
SLAC GOV Appointee Renee Alward Board Application Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE FFAAC RENEE ALWARD
SLAC GOV Appointee Renee Alward Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE FFAAC RENEE ALWARD
SLAC GOV Appointee Vincent Perez Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE OSHR VINCENT PEREZ
SLAC GOV Appointee Thomas Trosvig Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE OSHR THOMAS TROSVIG
SLAC GOV Appointee Jodi Pfeiffer Resume Redacted.pdf SL&C 3/31/2021 1:30:00 PM
SLAC GOV APPOINTEE PTOT JODI PFEIFFER
SB 86 Support Letters Armed Services YMCA.pdf SL&C 3/31/2021 1:30:00 PM
SB 86
SB 86 Letter from AK Professional Design Council.pdf SL&C 3/31/2021 1:30:00 PM
SB 86
CSSB 86 Version B Amendment 1.pdf SL&C 3/31/2021 1:30:00 PM
SB 86