Legislature(2001 - 2002)

05/03/2002 03:25 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                          May 3, 2002                                                                                           
                           3:25 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lisa Murkowski, Chair                                                                                            
Representative Andrew Halcro, Vice Chair                                                                                        
Representative Kevin Meyer                                                                                                      
Representative Pete Kott                                                                                                        
Representative Norman Rokeberg                                                                                                  
Representative Harry Crawford                                                                                                   
Representative Joe Hayes                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE JOINT RESOLUTION NO. 44(L&C)                                                                                      
Relating to preparation of a joint state-federal research and                                                                   
development plan.                                                                                                               
                                                                                                                                
     - MOVED HCS CSSJR 44(L&C) OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 270(L&C)                                                                                                 
"An Act extending the termination date of the Board of                                                                          
Dispensing Opticians; relating to the regulation of dispensing                                                                  
opticians; and providing for an effective date."                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Alaska State Board of Public Accountancy                                                                                      
                                                                                                                                
     Margerie Kaiser                                                                                                            
     Steven Tarola                                                                                                              
     Sandra Wilson                                                                                                              
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Alcoholic Beverage Control Board                                                                                              
                                                                                                                                
     Ellen L. Ganley                                                                                                            
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
State Board of Registration for Architects, Engineers, and Land                                                               
Surveyors                                                                                                                     
                                                                                                                                
     Linda Cyra-Korsgaard                                                                                                       
     Donald J. Iverson                                                                                                          
     Scott McLane                                                                                                               
     Patricia Peirsol                                                                                                           
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Board of Barbers and Hairdressers                                                                                             
                                                                                                                                
     William "Randy" Graf                                                                                                       
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Chiropractic Examiners                                                                                               
                                                                                                                                
     Dr. Gregory M. Culbert                                                                                                     
     Dr. Carol J. Davis                                                                                                         
     Dr. R. Clark Davis                                                                                                         
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Board of Dental Examiners                                                                                                     
                                                                                                                                
     Dr. Robert J. Allen                                                                                                        
     Dr. William L. Gerace                                                                                                      
     Dr. Rebecca Neslund                                                                                                        
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Board of Dispensing Opticians                                                                                                 
                                                                                                                                
     James Rothmeyer                                                                                                            
     David Matthews, Jr.                                                                                                        
     Cindy Tidd                                                                                                                 
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Alaska Labor Relations Agency                                                                                                 
                                                                                                                                
     Roberta Demoski                                                                                                            
     Aaron T. Isaacs                                                                                                            
     David D. Rasley                                                                                                            
     Raymond P. Smith                                                                                                           
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Board of Marine Pilots                                                                                                        
                                                                                                                                
     Jack G. Poulson                                                                                                            
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Marital and Family Therapy                                                                                           
                                                                                                                                
     Larry Holman                                                                                                               
     Bill Platte                                                                                                                
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
State Medical Board                                                                                                           
                                                                                                                                
     Dr. Allan G. Schlicht                                                                                                      
     Thomas H. Wilson                                                                                                           
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Board of Certified Direct-Entry Midwives                                                                                      
                                                                                                                                
     Martha J. Falkar Linden                                                                                                    
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Nursing                                                                                                              
                                                                                                                                
     Barbara Berner                                                                                                             
     Dr. Nancy L. Sanders                                                                                                       
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Board of Examiners in Optometry                                                                                               
                                                                                                                                
     Dr. Erik D. Christianson                                                                                                   
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Pharmacy                                                                                                             
                                                                                                                                
     Gerry Knasiak                                                                                                              
     Laura Lee Nelson                                                                                                           
     Margaret Soden                                                                                                             
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
State Physical Therapy and Occupational Therapy Board                                                                         
                                                                                                                                
     Sundi M. Hondl                                                                                                             
     Laura McDonough                                                                                                            
     Linda Newman                                                                                                               
     Dr. George D. Rhyneer                                                                                                      
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Board of Professional Counselors                                                                                              
                                                                                                                                
     Janet McGillivary                                                                                                          
     Dr. Allan A. Morotti                                                                                                       
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Board of Psychologist and Psychological Associate Examiners                                                                   
                                                                                                                                
     Dr. Carey S. Edney                                                                                                         
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Certified Real Estate Appraisers                                                                                     
                                                                                                                                
     Judy Kemplen                                                                                                               
     Stephen F. Turner                                                                                                          
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Real Estate Commission                                                                                                        
                                                                                                                                
     Lowell (Tom) T. Freeman                                                                                                    
     Jeannie Johnson                                                                                                            
     Susan Rainey                                                                                                               
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Regulatory Commission of Alaska                                                                                               
                                                                                                                                
     Will Abbott                                                                                                                
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Social Work Examiners                                                                                                
                                                                                                                                
     Lorraine M. Jaeger-Kirsch                                                                                                  
     Denny Patella                                                                                                              
     Sammye Pokryfki                                                                                                            
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Alaska Workers' Compensation Board                                                                                            
                                                                                                                                
     Dorothy Bradshaw                                                                                                           
     John Giuchici                                                                                                              
     Stephen T. Hagedorn                                                                                                        
     James (Jay) N. Rhodes                                                                                                      
     Philip E. Ulmer                                                                                                            
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                              
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: SJR 44                                                                                                                  
SHORT TITLE:STATE-FEDERAL JOINT RESEARCH PLAN                                                                                   
SPONSOR(S): LABOR & COMMERCE                                                                                                    
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/09/02     2683       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/09/02     2684       (S)        L&C, FIN                                                                                     
04/16/02                (S)        L&C AT 1:30 PM BELTZ 211                                                                     
04/16/02                (S)        Moved CS(L&C) Out of                                                                         
                                   Committee                                                                                    
04/16/02                (S)        MINUTE(L&C)                                                                                  
04/17/02     2807       (S)        L&C RPT CS 4DP SAME TITLE                                                                    
04/17/02     2807       (S)        DP: STEVENS, TORGERSON,                                                                      
                                   LEMAN, DAVIS                                                                                 
04/17/02     2807       (S)        FN1: ZERO(S.L&C)                                                                             
04/24/02     2923       (S)        FIN RPT CS(L&C) 7DP 1NR                                                                      
04/24/02     2923       (S)        DP: KELLY, GREEN, AUSTERMAN,                                                                 
                                   HOFFMAN,                                                                                     
04/24/02     2923       (S)        WILKEN, LEMAN, WARD; NR:                                                                     
                                   DONLEY                                                                                       
04/24/02     2923       (S)        FN1: ZERO(S.L&C)                                                                             
04/24/02                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
04/24/02                (S)        Moved CS(HES) Out of                                                                         
                                   Committee                                                                                    
04/24/02                (S)        MINUTE(FIN)                                                                                  
04/26/02                (S)        RLS AT 10:45 AM FAHRENKAMP                                                                   
                                   203                                                                                          
04/26/02                (S)        MINUTE(RLS)                                                                                  
04/29/02     3022       (S)        RULES TO CALENDAR 4/29/02                                                                    
04/29/02     3026       (S)        READ THE SECOND TIME                                                                         
04/29/02     3026       (S)        L&C CS ADOPTED UNAN CONSENT                                                                  
04/29/02     3026       (S)        ADVANCED TO 3RD READING FLD                                                                  
                                   Y13 N6 E1                                                                                    
04/29/02     3026       (S)        ADVANCED TO THIRD READING                                                                    
                                   4/30 CALENDAR                                                                                
04/30/02     3051       (S)        READ THE THIRD TIME CSSJR
                                   44(L&C)                                                                                      
04/30/02     3051       (S)        PASSED Y20 N-                                                                                
04/30/02     3054       (S)        TRANSMITTED TO (H)                                                                           
04/30/02     3054       (S)        VERSION: CSSJR 44(L&C)                                                                       
05/01/02     3252       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
05/01/02     3252       (H)        L&C                                                                                          
05/03/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
                                                                                                                                
BILL: SB 270                                                                                                                  
SHORT TITLE:DISPENSING OPTICIANS:EXTEND BD/REGULATION                                                                           
SPONSOR(S): RLS BY REQUEST OF LEG BUDGET & AUDIT                                                                                
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/01/02     2089       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/01/02     2089       (S)        L&C, FIN                                                                                     
02/14/02                (S)        L&C AT 1:30 PM BELTZ 211                                                                     
02/14/02                (S)        Moved CS(L&C) Out of                                                                         
                                   Committee                                                                                    
02/14/02                (S)        MINUTE(L&C)                                                                                  
02/19/02     2222       (S)        L&C RPT CS 3DP 1NR SAME TITLE                                                                
02/19/02     2222       (S)        DP: STEVENS, DAVIS,                                                                          
                                   TORGERSON;                                                                                   
02/19/02     2222       (S)        NR: AUSTERMAN                                                                                
02/19/02     2222       (S)        FN1: (CED)                                                                                   
03/25/02     2517       (S)        FIN RPT CS(L&C) 5DP 3NR                                                                      
03/25/02     2518       (S)        DP: KELLY, AUSTERMAN, OLSON,                                                                 
                                   WILKEN,                                                                                      
03/25/02     2518       (S)        LEMAN; NR: DONLEY, GREEN,                                                                    
                                   WARD                                                                                         
03/25/02     2518       (S)        FN1: (CED)                                                                                   
03/25/02                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
03/25/02                (S)        Moved Out of Committee                                                                       
03/25/02                (S)        MINUTE(FIN)                                                                                  
03/28/02                (S)        RLS AT 8:30 AM FAHRENKAMP 203                                                                
03/28/02                (S)        -- Time Change --                                                                            
03/28/02                (S)        MINUTE(RLS)                                                                                  
04/02/02     2586       (S)        RULES TO CALENDAR 4/2/02                                                                     
04/02/02     2588       (S)        READ THE SECOND TIME                                                                         
04/02/02     2588       (S)        L&C CS ADOPTED UNAN CONSENT                                                                  
04/02/02     2589       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
04/02/02     2589       (S)        READ THE THIRD TIME CSSB
                                   270(L&C)                                                                                     
04/02/02     2589       (S)        PASSED Y18 N- E2                                                                             
04/02/02     2589       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
04/02/02     2593       (S)        TRANSMITTED TO (H)                                                                           
04/02/02     2593       (S)        VERSION: CSSB 270(L&C)                                                                       
04/03/02     2770       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/03/02     2770       (H)        L&C, FIN                                                                                     
04/12/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
04/12/02                (H)        Heard & Held                                                                                 
04/12/02                (H)        MINUTE(L&C)                                                                                  
04/17/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
04/17/02                (H)        <Bill Postponed>                                                                             
05/01/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
05/01/02                (H)        Heard & Held                                                                                 
                                   MINUTE(L&C)                                                                                  
05/03/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                              
RUSS KELLY                                                                                                                      
Legislative Intern to Senator Leman                                                                                             
Room 516                                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced CSSJR 44.                                                                                       
                                                                                                                                
CATHERINE REARDON, Director                                                                                                     
Division of Occupational Licensing                                                                                              
Department of Community & Economic Development                                                                                  
P.O. Box 110806                                                                                                                 
Juneau, AK  99811-0806                                                                                                          
POSITION STATEMENT:  Opposed Version S of SB 270.                                                                             
                                                                                                                                
LARRY HARPER                                                                                                                    
Board of Dispensing Opticians                                                                                                   
534 West Second Avenue                                                                                                          
Anchorage, AK  99501-2208                                                                                                       
POSITION STATEMENT:  Opposed SB 270.                                                                                          
                                                                                                                              
DAVID G. MATTHEWS JR.                                                                                                           
Board of Dispensing Opticians                                                                                                   
P.O. Box 1138                                                                                                                   
Kotzebue, AK  99752                                                                                                             
POSITION STATEMENT: Opposed SB 270.                                                                                             
                                                                                                                                
ROBERTA RAWCLIFFE, Public Member                                                                                                
Board of Dispensing Opticians                                                                                                   
PO Box 623                                                                                                                      
Palmer, Alaska 99645                                                                                                            
POSITION STATEMENT:  Recommended changes to [HCS CSSB 270,                                                                      
Version S].                                                                                                                     
                                                                                                                                
JIM GRAVES, Optometric Physician                                                                                                
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified in support of [HCS CSSB 270]                                                                     
Version S.                                                                                                                      
                                                                                                                                
ALICIA MILES                                                                                                                    
(No address provided)                                                                                                           
POSITION STATEMENT:  During testimony on SB 270, noted support                                                                  
of the voluntary licensure.                                                                                                     
                                                                                                                                
JAMES ROTHMEYER, Chair                                                                                                          
Board of Dispensing Opticians                                                                                                   
(No address provided)                                                                                                           
POSITION STATEMENT:  During testimony on SB 270, urged the                                                                      
[legislature] and committee to pass a simple continuous bill for                                                                
four years or leave things as they are.                                                                                         
                                                                                                                                
PAM GAJDOS                                                                                                                      
Image Optical                                                                                                                   
1867 Airport Way                                                                                                                
Fairbanks, Alaska 99709                                                                                                         
POSITION STATEMENT:  Testified in opposition to SB 270.                                                                         
                                                                                                                                
JOANNE YANAG, dispensing optician                                                                                               
Image Optical                                                                                                                   
1867 Airport Way                                                                                                                
Fairbanks, Alaska 99709                                                                                                         
POSITION STATEMENT:  Testified in opposition to SB 270.                                                                         
                                                                                                                                
MARIA MASSEY, Licensed Optician                                                                                                 
Image Optical                                                                                                                   
1867 Airport Way                                                                                                                
Fairbanks, Alaska 99709                                                                                                         
POSITION STATEMENT:  Testified in opposition to SB 270.                                                                         
                                                                                                                                
CHRISTI BRAND                                                                                                                   
201 Old Steese Highway, Suite 2                                                                                                 
Fairbanks, Alaska 99701                                                                                                         
POSITION STATEMENT:   Urged the committee to  postpone any action                                                               
on SB 270  because it isn't in the public's  best interest in its                                                               
current form.                                                                                                                   
                                                                                                                                
JAN AMUNDSON                                                                                                                    
PO Box 75177                                                                                                                    
Fairbanks, Alaska 99707                                                                                                         
POSITION  STATEMENT: Urged  the committee  to continue  licensure                                                               
for opticians and not take action on SB 270.                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-71, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  LISA  MURKOWSKI  called   the  House  Labor  and  Commerce                                                               
Standing   Committee    meeting   to    order   at    3:25   p.m.                                                               
Representatives  Murkowski,  Kott,  Rokeberg, and  Crawford  were                                                               
present at  the call  to order.   Representatives  Halcro, Meyer,                                                               
and Hayes arrived as the meeting was in progress.                                                                               
                                                                                                                                
SJR 44-STATE-FEDERAL JOINT RESEARCH PLAN                                                                                      
                                                                                                                                
CHAIR MURKOWSKI announced that the  first order of business would                                                               
be  CS  FOR SENATE  JOINT  RESOLUTION  NO. 44(L&C),  Relating  to                                                               
preparation  of a  joint state-federal  research and  development                                                               
plan.                                                                                                                           
                                                                                                                                
CHAIR MURKOWSKI  reminded committee  members they  had previously                                                               
heard the House version of this legislation.                                                                                    
                                                                                                                                
RUSS  KELLY, Legislative  Intern for  Senator Leman,  paraphrased                                                               
the sponsor statement as follows:                                                                                               
                                                                                                                                
     CSSJR  44   (L&C)  requests  that  state   and  federal                                                                    
     agencies work together to develop  a joint research and                                                                    
     development plan to help  expand and diversify Alaska's                                                                    
     economy,   strengthen  and   maintain  state   research                                                                    
     institutions  and protect  the health  of Alaskans  and                                                                    
     the environment of Alaska.                                                                                                 
                                                                                                                                
     Alaska's economy  is heavily dependent on  the research                                                                    
     and  development  activities  of public,  private,  and                                                                    
     academic  sectors  to  attract  investment,  jobs,  and                                                                    
     revenue  to   the  state.     Effective   research  and                                                                    
     development apply  knowledge toward  efficient resource                                                                    
     extraction,  resource  protection, provision  of  human                                                                    
     health, and the export of intellectual property.                                                                           
                                                                                                                                
     The goal  of the  joint effort will  be to  develop and                                                                    
     present  to  the legislature  a  plan  to identify  and                                                                    
     assess areas  of high  economic potential  for resource                                                                    
     development and  tourism on federal and  state lands in                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
MR. KELLY  sighted the Alaska  Science and  Technology Foundation                                                               
(ASTF), the  University of Alaska,  and the U.S.  Arctic Research                                                               
Commission   as  examples   of  the   research  and   development                                                               
institutions  the resolution  addressed.   He explained  that two                                                               
members of  the House of  Representatives and two members  of the                                                               
Senate would  be assigned to  make sure that the  legislature has                                                               
input in research and development plans in the future.                                                                          
                                                                                                                                
CHAIR MURKOWSKI  announced that there  was an amendment  in front                                                               
of the committee.  She marked it as amendment one.                                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG moved to adopt  Amendment 1.  There being                                                               
no objection, Amendment 1 was adopted.                                                                                          
CHAIR  MURKOWSKI asked  Mr. Kelly  if the  omission of  the North                                                               
Pacific Research Board was due to an oversight.                                                                                 
                                                                                                                                
MR. KELLY answered it was.                                                                                                      
                                                                                                                                
CHAIR MURKOWSKI  pointed out  that the  amendment also  added the                                                               
chair of the North Pacific Research Board.                                                                                      
                                                                                                                                
Number 0307                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  moved  CSSJR 44(L&C)  as  amended  from                                                               
committee with  individual recommendations and the  attached zero                                                               
fiscal  note.   There being  no objection  HCS CSSJR  44(L&C) was                                                               
moved from committee.                                                                                                           
                                                                                                                                
                                                                                                                                
An at-ease was taken from 3:32 p.m. to 3:33 p.m.                                                                                
                                                                                                                                
SB 270-DISPENSING OPTICIANS:EXTEND BD/REGULATION                                                                              
                                                                                                                                
Number 357                                                                                                                      
                                                                                                                                
CHAIR MURKOWSKI announced  that the next order  of business would                                                               
be  CS  FOR SENATE  BILL  NO.  270(L&C),  "An Act  extending  the                                                               
termination date  of the Board of  Dispensing Opticians; relating                                                               
to the regulation  of dispensing opticians; and  providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
CHAIR  MURKOWSKI  reminded  the  committee  that  before  it  was                                                               
Version S, which it had adopted at the May 1, 2002, meeting.                                                                    
                                                                                                                                
CATHERINE REARDON, Director,  Division of Occupational Licensing,                                                               
Department   of  Community   and  Economic   Development  (DCED),                                                               
informed  the committee  the Division  of Occupational  Licensing                                                               
staffs the Board of Dispensing  Opticians.  She believed three of                                                               
the five  board members  were on  teleconference.   Although they                                                               
had not had  a formal board meeting in the  last two days because                                                               
of  public meeting  requirements it  was her  clear understanding                                                               
that the board strongly opposes the Version S.                                                                                  
                                                                                                                                
CHAIR MURKOWSKI  asked Ms. Reardon  if redefining  the definition                                                               
of dispensing optician was by direction from the board.                                                                         
                                                                                                                                
MS.  REARDON  explained  that following  the  previous  committee                                                               
hearing  legislative aides  requested she  supply an  alternative                                                               
definition  for  the  practice   of  dispensing  optician.    She                                                               
responded  to  the  request  and   supplied  the  aide  with  the                                                               
information.   Ms. Reardon said  she believes the purpose  of the                                                               
request for  a revised definition  was that if the  definition of                                                               
dispensing  optician  were  narrower  and  limited  to  the  most                                                               
potentially risky  activities, perhaps  the legislature  would be                                                               
more willing to continue with mandatory licensure.                                                                              
                                                                                                                                
MS.  REARDON pointed  out  that Version  S  does two  significant                                                               
things:  eliminates  the Board of Dispensing  Opticians and moves                                                               
from mandatory  licensure to  voluntary licensure.   It  would no                                                               
longer  be  required  that someone  hold  a  dispensing  optician                                                               
license  in order  to practice  that  profession, she  explained.                                                               
She  responded to  the suggestion  of a  more limited  definition                                                               
because  it is  an unsettling  idea to  dispensing opticians  who                                                               
believe it is important that individuals be licensed.                                                                           
                                                                                                                                
CHAIR  MURKOWSKI asked  whether or  not  that might  have been  a                                                               
directive from the board.                                                                                                       
                                                                                                                                
MS REARDON  answered it  was a  staff request.   She  related her                                                               
understanding  that  the  board  would like  to  stick  with  the                                                               
existing  definition  of  dispensing  optician  as  well  as  the                                                               
mandatory licensure requirement.                                                                                                
                                                                                                                                
Number 0673                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG   referred  to  correspondence   from  a                                                               
dispensing   optician  that   said   the   board  rewrote   their                                                               
examination in April and after  administering the new examination                                                               
to six candidates,  only one passed it.   Representative Rokeberg                                                               
said that the aforementioned results  seemed to indicate there is                                                               
need  to have  some  examination and  practicum  to ensure  these                                                               
people know what they are doing.                                                                                                
                                                                                                                                
MS. REARDON said  she believes that is how  the board interpreted                                                               
those  results.   Ms.  Reardon  pointed out  that  the bill  also                                                               
eliminates the  practical examination  and reduces the  number of                                                               
apprenticeship  hours  required  for  licensure.   She  felt  the                                                               
correspondence  Representative   Rokeberg  referred  to   was  an                                                               
example of  why dispensing opticians  believe it is  important to                                                               
keep the practical exam that the bill eliminates.                                                                               
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked if  removal  of  the board  would                                                               
eliminate the ability to administer the exam.                                                                                   
                                                                                                                                
MS. REARDON answered  that the bill will  eliminate the practical                                                               
exam.  If a practical exam is  returned to the law, it is helpful                                                               
to  have a  board  to  administer it  otherwise  the Division  of                                                               
Occupational Licensing  must contract  with someone to  write and                                                               
administer a practical exam.                                                                                                    
                                                                                                                                
Number 0850                                                                                                                     
                                                                                                                                
LARRY HARPER,  Board of Dispensing  Opticians, explained  that he                                                               
along with  the Chairman  of the  Board of  Dispensing Opticians,                                                               
Mr. James  Rothmeyer, and other  board members worked  many hours                                                               
at  their  expense  and  completely   revised  the  test.    They                                                               
contracted with  Colts Laboratory to provide  lens specimens that                                                               
the applicants would have to  identify and neutralize.  The board                                                               
wanted to make  it a first class  test and this test  is now very                                                               
objective,  there are  no gray  areas and  it is  very clear.   A                                                               
gage master  for the  equipment was  brought in  and used  so the                                                               
applicants themselves  could test the accuracy  of the equipment.                                                               
In the past about 90 percent  of what the board was questioned on                                                               
from the test  takers was whether the equipment  was accurate and                                                               
how  to  go  about  proving   that.    "So  everything  that  the                                                               
legislative  budget and  audit found  to  be a  problem with  our                                                               
examination  we  have   addressed."    He  said   he  would  give                                                               
legislative audit every  bit of due on this  because they brought                                                               
this subject up time and time again.                                                                                            
                                                                                                                                
MR. HARPER  pointed out that this  is a brand new  board and over                                                               
the previous  18-24 months has  addressed the issues  of greatest                                                               
concern.   Mr. Harper noted his  pride in the work  the board has                                                               
done.  "We still have a  miserable pass rate and quite frankly it                                                               
was obvious from the test  takers that they simply came untrained                                                               
and  unprepared  to the  testing  site,  he  said."   Mr.  Harper                                                               
referred  to  a  letter  to committee  members  that  outlined  a                                                               
program called the Career  Progression Program (CPP) administered                                                               
by  the National  Academy  of Opticianry.    The program  usually                                                               
takes  a  year and  a  half  to two  years  for  an applicant  to                                                               
complete.  There  are three people involved,  the apprentice, the                                                               
apprentice's  sponsor who  is local  and a  Professor of  Optics.                                                               
The Professor  of Optics works as  a mentor for both  the teacher                                                               
and the  student.  This  is a  distance learning program  that is                                                               
absolutely  ideal as  it  is custom  tailored  for rural  Alaskan                                                               
situations as well as urban  settings.  Coordinating this program                                                               
eliminates   so  many   problems  that   were  inherent   in  the                                                               
apprenticeship program from the lack of guidance.                                                                               
                                                                                                                                
MR.  HARPER concluded  by relating  that  the board  felt it  had                                                               
addressed the main  issues, although there are going  to be other                                                               
issues  the board  would like  the opportunity  to address.   The                                                               
board not only opposes the  committee substitute, he said, but it                                                               
also opposes SB 270 in its original form.                                                                                       
                                                                                                                                
Number 1045                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  Mr. Harper  if the  board opposed                                                               
Version F.                                                                                                                      
                                                                                                                                
MR. HARPER replied yes.                                                                                                         
                                                                                                                                
REPRESENTATIVE  ROKEBERG  pointed out  that  Version  F kept  the                                                               
board   of  directors.      He  asked   Mr.   Harper  about   the                                                               
apprenticeship issue in terms of the hours.                                                                                     
                                                                                                                                
MR. HARPER said  the board had already undertaken  a reduction of                                                               
apprenticeship hours based on bringing  in the CPP program at the                                                               
same time.   The board  wanted to turn it  from a time  and grade                                                               
type  program  to  a   results-orientated  program.    Therefore,                                                               
someone who was  on the ball, had good sponsors,  and worked hard                                                               
could get  through the  program sooner.   There  is no  reason to                                                               
hold an apprentice back because  some abstract hours had not been                                                               
met.    The  board  decided   the  3,000-hour  requirement  would                                                               
ultimately  work the  best in  conjunction with  passing the  CPP                                                               
final exam and  would suffice as a minimum  entry level training.                                                               
That individual would then be free to take their practical exam.                                                                
                                                                                                                                
MR. HARPER  informed the committee  he had  been on the  Board of                                                               
Directors of the National Contact  Lens Examiners (NCLE) for nine                                                               
years.  This national  certification agency  writes the  test the                                                               
State of  Alaska uses  as a  written exam.   That test  was never                                                               
designed  in  its entirety  to  sit  as  a stand-alone  exam  for                                                               
licensure.    The  test  must  be  used  in  conjunction  with  a                                                               
practical examination.                                                                                                          
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked if the Dispensing  Opticians Board                                                               
wants the practical exam and  a 3,000-hour requirement as well as                                                               
a correspondence course.                                                                                                        
                                                                                                                                
MR. HARPER said yes, a distance learning program.                                                                               
                                                                                                                                
Number 1243                                                                                                                     
                                                                                                                                
DAVID  MATTHEWS  JR., Board  of  Dispensing  Opticians, gave  the                                                               
following testimony  as a new member  of the board who  had lived                                                               
in Kotzebue  for over 20 years.   He informed the  committee that                                                               
going to school  in Albuquerque, New Mexico for  about four years                                                               
to obtain an  Associates Degree in Optomic  Technology was costly                                                               
for his family.   The CPP course the board  recommends is a great                                                               
opportunity for  people in the  Bush to  study to be  an optician                                                               
and be able  to take the practical exam, he  said.  The practical                                                               
exam is very important and is  necessary to protect the public as                                                               
evidenced by the test results.                                                                                                  
                                                                                                                                
MR. MATTHEWS  agreed with Mr.  Harper that the American  Board of                                                               
Opticians and the  NCLE written certification exams  do not prove                                                               
the  competency of  the applicant  for  licensure; the  practical                                                               
test is  necessary to protect  the public.   People who  have not                                                               
trained  but have  gone through  the  process of  the CPP  course                                                               
along with the 3,000-hour apprenticeship  could potentially go to                                                               
the Bush and incorrectly fit a  patient.  This could endanger the                                                               
patient's  vision  such  that  he/she may  have  to  obtain  care                                                               
outside  of their  Bush  community, which  costs  the state  more                                                               
money through Medicaid.  Getting  rid of the practical exam would                                                               
only  have negative  results, he  charged.   At  his first  board                                                               
meeting the  practical exam was  administered and it  was obvious                                                               
there had been  a large amount of personal  time spent developing                                                               
this practical  exam.  Having  taken the old practical  exam, Mr.                                                               
Matthews  said the  new  test  is much  better;  it  is a  really                                                               
professional test.                                                                                                              
                                                                                                                                
MR. MATTHEWS, in response to  Chair Murkowski, explained that the                                                               
practical  exam basically  covers what  an optician  should know.                                                               
Therefore  the  exam includes  a  portion  on menthrometry  (ph),                                                               
reading prescriptions, fitting, and calculations.                                                                               
                                                                                                                                
CHAIR  MURKOWSKI recalled  that  Mr.  Matthews commented  earlier                                                               
that during the practical exam,  the applicant is tested on those                                                               
things  that  might  impact  public   health  and  safety.    She                                                               
specified that  she was  trying to  understand how  the practical                                                               
exam related to consumer protection.                                                                                            
                                                                                                                                
MR. MATTHEWS explained  that lensometry is the  actual reading of                                                               
the prescription.   Before a  pair of glasses are  dispensed, the                                                               
glasses  must be  checked in  order to  confirm that  the glasses                                                               
meet minimal standards.  There  is an American National Standards                                                               
Institute (ANSI) standard in optics that must be met.                                                                           
                                                                                                                                
Number 1566                                                                                                                     
                                                                                                                                
ROBERTA RAWCLIFFE, Public Member,  Board of Dispensing Opticians,                                                               
testified via  teleconference.  She  informed the  committee that                                                               
she was appointed  to the board in 1999 and  takes her obligation                                                               
seriously.  She  highlighted that this is the third  exam she has                                                               
sat  through  and the  first  re-write  of  the  new exam.    Ms.                                                               
Rawcliffe turned to  Version S and said, "To me,  the bottom line                                                               
to this draft is  money plain and simple:  who  gets to make more                                                               
and at  whose expense?"   Ms. Rawcliffe  related her  belief that                                                               
it's not  in the public's interest  to allow just anyone  to fit,                                                               
dispense, or  fabricate eyewear.   The  only benefactors  to such                                                               
legislation [as Version S] would  be the owners of optical shops.                                                               
She  expressed  the  need  for   [folks  who  fit,  dispense,  or                                                               
fabricate eyewear to pass a written  exam as well as [an exam] on                                                               
use of  the necessary machinery.   If  Version S is  enacted, Ms.                                                               
Rawcliffe said  she believes  that the cost  will be  higher than                                                               
the current cost to the state.   Currently, the licensees pay the                                                               
expenses of  all the oversight provided  by the state as  well as                                                               
for the expense of the board.                                                                                                   
                                                                                                                                
MS.  RAWCLIFFE  felt that  it  would  be irresponsible  to  enact                                                               
legislation  removing  the  safety   net  provided  by  licensing                                                               
requirements.  Therefore, Ms. Rawcliffe  suggested that SB 270 be                                                               
amended to  include the  following:   retention of  the practical                                                               
examination  as  a  requirement for  licensure,  licensure  as  a                                                               
requirement  for  a dispensing  optician  in  the state,  and  an                                                               
insertion of a  [registration] requirement for those  who wish to                                                               
become licensed apprentices.  For  those who don't wish to become                                                               
an optician,  Ms. Rawcliffe recommended  allowing those  folks to                                                               
be  frame  fitters  and  work in  an  optician's  office  without                                                               
registering as  an apprentice.  For  those who want to  become an                                                               
apprentice,   Ms.  Rawcliffe   suggested  the   inclusion  of   a                                                               
requirement for  the career progression program  for apprentices.                                                               
She further suggested  that apprentices only have to  serve as an                                                               
apprentice  for 3,000  hours rather  than the  currently mandated                                                               
6,000 hours.   Moreover,  she suggested  that the  apprentices be                                                               
required  to take  the national  certification  course exams  and                                                               
pass the practical examination.                                                                                                 
                                                                                                                                
MS.  RAWCLIFFE  turned   to  Representative  Rokeberg's  question                                                               
regarding the results  of the six candidates that  took the exam.                                                               
She informed  the committee  that five  of the  six seemed  to be                                                               
unprepared for  the exam and they  didn't have a clue  how to use                                                               
the lensometer.   Therefore, she  said she feared that  without a                                                               
licensure requirement there could be  a car lot attendant passing                                                               
out  and  fitting glasses.    This  would  ultimately be  at  the                                                               
expense  of   the  consumer.     In  conclusion,   Ms.  Rawcliffe                                                               
recommended that  the committee  [not pass  along] Version  S but                                                               
rather rework SB 270.                                                                                                           
                                                                                                                                
Number 1828                                                                                                                     
                                                                                                                                
CHAIR  MURKOWSKI  surmised  that  Ms. Rawcliffe  would  hold  the                                                               
opinion that it would help  to provide a more specific definition                                                               
for [an apprentice].                                                                                                            
                                                                                                                                
MS. RAWCLIFFE  agreed.   She pointed out  that the  definition of                                                               
dispensing optician  under AS 08.71.240  is clear.   However, the                                                               
definition  of an  apprentice is  unclear and  could be  amended.                                                               
Currently,  an apprentice  has to  put  in 6,000  hours worth  of                                                               
apprenticeship  before being  allowed  to sit  for the  practical                                                               
exam.   She reiterated the need  to recognize that there  will be                                                               
some  employees  of  an  optician   who  don't  wish  to  [become                                                               
apprentices], and  therefore the  board, in recognition  of that,                                                               
suggested that  the number  of apprentice  hours be  shortened to                                                               
3,000 hours and  inserted a requirement for  a career progression                                                               
program.  This is not unlike becoming a beautician.                                                                             
                                                                                                                                
Number 1971                                                                                                                     
                                                                                                                                
JIM GRAVES, Optometric Physician, testified via teleconference                                                                  
in support of Version S.  Dr. Graves provided the following                                                                     
testimony:                                                                                                                      
                                                                                                                                
     Since laboratory  or bench opticians are  exempted from                                                                    
     the law  and unlicensed, this testimony  is specific to                                                                    
     the people  who adjust glasses, frames,  and nose pads,                                                                    
     measure the  head for  frame size  set by  (indisc.) or                                                                    
     Progressives   and  ...   pick   a  flattering   frame.                                                                    
     Opticians do not need mandatory  license to do this and                                                                    
     they do  not need  a license to  simply fill  a contact                                                                    
     lens  prescription,  a  Class II  FDA  medical  device.                                                                    
     These devices  are, by law, prescribed  and followed by                                                                    
     the doctors in  the state of Alaska.   As to unlicensed                                                                    
     opticians being  a threat to  the public, I  truly feel                                                                    
     that   there's  more   threat  to   the  public   in  a                                                                    
     receptionist    working   for    an   optometrist    or                                                                    
     ophthalmologist who  doesn't understand  the difference                                                                    
     between   emergency,   immediate  care,   and   routine                                                                    
     appointments.    Some  opticians claim  that  they  are                                                                    
     skilled in the medical field,  but there is no evidence                                                                    
     of this  or a requirement  to show proficiency  in this                                                                    
     area for licensure.  Some  also claim that they provide                                                                    
     eye care  as licensed  opticians but it  is not  in the                                                                    
     optician  definition in  statute.   Some  may wish  the                                                                    
     standards  were  higher,  but  they  are  not  and  any                                                                    
     expanded  duties  are  delegated  by a  doctor  who  is                                                                    
     responsible for them.                                                                                                      
                                                                                                                                
     Also,  what  about the  higher  educated,  ... such  as                                                                    
     para-optometrics,  optometric techs,  ophthalmic techs,                                                                    
     surgical  techs,  visual  therapy techs,  contact  lens                                                                    
     techs,  and vision  techs  for  screening, et.  cetera.                                                                    
     These  necessary individuals  are unlikely  unregulated                                                                    
     and certainly  can often do dispensing  optician duties                                                                    
     and  usually much  more.   And their  primary functions                                                                    
     are to assist the doctors  in practice.  When opticians                                                                    
     try to  enforce that  these individuals,  somehow, need                                                                    
     mandatory   optician   apprenticeship   and   licensure                                                                    
     status.   In  my  clinical experiences  over 20  years,                                                                    
     that  doesn't make  sense.   A national  TV show  did a                                                                    
     research project  where they  had 10  different optical                                                                    
     shops  making  up  glasses,   then  they  tested  those                                                                    
     glasses.   All  10 were  incorrect.   This is  why when                                                                    
     patients go  to an  optician in various  optical shops,                                                                    
     ...  the prescribing  doctors will  tell them,   "Bring                                                                    
     your  glasses back  for  a free  evaluation  to be  ...                                                                    
     certain that the prescription is filled correctly.                                                                         
                                                                                                                                
     In  27   states  and  D.C.,  opticians   are  not  even                                                                    
     regulated and find no valid reason  to do so.  No state                                                                    
     has  adopted licensure  in over  21 years.   There  has                                                                    
     been no experience  of harm reported.   Some are better                                                                    
     than others when it comes  to opticians, but that's the                                                                    
     way it is with all service  providers.  This has been a                                                                    
     simple monopoly  turf protection at the  expense of the                                                                    
     public.   I  would rather  have tattoists  and piercers                                                                    
     regulated  because  hepatitis  can definitely  be  more                                                                    
     threatening than  an ugly pair  of glasses.   Licensure                                                                    
     is  the most  stringent form  of regulation  imposed by                                                                    
     the state legislature  upon occupations and professions                                                                    
     that pose  a clear and  present danger to  the public's                                                                    
     health,  safety,  and  welfare.    Opticians  currently                                                                    
     perform  their services  without any  apparent harm  to                                                                    
     the   public,  and   therefore  should   have  optional                                                                    
     licensure.  I  agree with the audit report.   I support                                                                    
     the current  committee substitute  to reduce  the costs                                                                    
     for consumers and also for  those desiring an opticians                                                                    
     license.  Again, I am in  support of Version S and I do                                                                    
     think  they should  have licensure.    Now, that  would                                                                    
     protect those with current licensure status ....                                                                           
                                                                                                                                
DR.  GRAVES  recalled Mr.  Harper's  mention  that opticians  are                                                               
experts in  physiological optics.   Dr. Graves  disagreed because                                                               
[physiological  optics] is  related  to visual  science and  more                                                               
specific  to a  physician.   Therefore,  he said  he thought  Mr.                                                               
Harper meant  to refer  to ophthalmic optics.   He  also recalled                                                               
Mr. Matthews' testimony that a bad  pair of glasses could cause a                                                               
lesion on  one's eye.  To  the best of his  knowledge, Dr. Graves                                                               
said  he  knew of  no  lesion  that could  be  induced  by a  bad                                                               
prescription.  Dr. Graves reiterated  his belief that most of the                                                               
responsibility   lies  with   the  physician   rather  than   the                                                               
dispensing optician.                                                                                                            
                                                                                                                                
Number 2225                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI requested that Dr.  Graves speak to the practical                                                               
exam  and the  need  for it.   "Is  there  anything a  dispensing                                                               
optician  does,  in your  opinion  then,  that could  potentially                                                               
effect the public health of an individual," she asked.                                                                          
                                                                                                                                
DR. GRAVES  replied, "I  don't."  He  reiterated that  he doesn't                                                               
feel that  there should be  mandatory licensure.  With  regard to                                                               
the  earlier   reference  to  lensometry,  there   are  automatic                                                               
lensometers  that anyone  can  learn how  to  run.   Furthermore,                                                               
there  is another  digital device  that can  cross reference  the                                                               
optical  center.   Although  Dr.  Graves  acknowledged that  some                                                               
opticians consider  lens parameters  a threat  to the  public, he                                                               
felt  the greatest  threat would  have  to do  ... [tape  changes                                                               
sides].                                                                                                                         
                                                                                                                                
TAPE 02-71, SIDE B                                                                                                              
                                                                                                                                
Number 2327                                                                                                                     
                                                                                                                                
ALICIA  MILES testified  via teleconference.    She informed  the                                                               
committee that she  sat on the Board of  Dispensing Opticians for                                                               
eight  years and  is very  familiar with  the state  process, the                                                               
budget and audit process, and  the testing process.  During those                                                               
eight  years,  she experienced  several  audits  with the  state.                                                               
Some of the  concerns brought to light with  the audits continue,                                                               
such as the  objectivity of the exam.  One  of the statements the                                                               
board heard  from the Joint  Committee on Legislative  Budget and                                                               
Audit  was that  the exam  must be  of minimum  competency.   She                                                               
noted that [during her time on  the board], the board was pleased                                                               
when there was a 50-60 percent passing rate.                                                                                    
                                                                                                                                
MS.  MILES  reiterated  Dr.  Graves'  testimony  with  regard  to                                                               
contact  lenses  being  fit  under  the  supervision  of  and  in                                                               
conjunction with physicians so that  problems with a contact lens                                                               
would be caught by the physician.   She remarked that the contact                                                               
lens  licensure can  probably do  the most  damage to  someone if                                                               
there was an  error.  She informed the committee  that of the 102                                                               
licenses,  only 29  have  contact  lens licenses.    Of those  29                                                               
contact  lens  licenses, four  don't  live  in  the state.    She                                                               
informed the  committee that the  fabrication of glasses  is done                                                               
by  bench opticians,  who  have  never been  required  to have  a                                                               
license.   She  echoed Dr.  Graves'  point that  most of  today's                                                               
equipment has  been computerized and  is much more  accurate than                                                               
people can be.                                                                                                                  
                                                                                                                                
Number 2212                                                                                                                     
                                                                                                                                
MS. MILES turned  to the apprenticeship issue.   She informed the                                                               
committee that there  are 102 licensed opticians  in Alaska while                                                               
there are 172  apprentices in the state.   Alaska's law specifies                                                               
that  apprentices can  only be  an apprentice  for six  years and                                                               
then must  take the exam.   However, the law doesn't  specify any                                                               
consequences for not taking the exam.   She related that she knew                                                               
of several instances  in which the apprenticeship  has lapsed and                                                               
the individual  has re-applied and  done another six years  as an                                                               
apprentice.     Furthermore,  the  consequences   for  unlicensed                                                               
activities are  only class B  misdemeanors.  She noted  that when                                                               
she sat on  the board and the board received  a complaint in this                                                               
vein, the  investigator would investigate  but actually  going to                                                               
court  was difficult.   Most  of the  complaints were  related to                                                               
unlicensed practices.                                                                                                           
                                                                                                                                
MS.  MILES recalled  that  about 10  years  ago, the  legislature                                                               
decided that  the board  should become  self-supporting.   Of the                                                               
last few  audits performed, only  one of those audits  showed the                                                               
board  [to  be self-supporting].    In  the  last audit  for  the                                                               
renewal period,  the board was  $14,000 in  the red and  the next                                                               
renewal period  left the board another  $14,000 in the red  for a                                                               
total of  $28,000.   She recalled  that last  year the  new fees,                                                               
$580 to renew an opticians  license, were unveiled.  However, two                                                               
weeks prior  to the  renewal deadline, the  fee was  decreased to                                                               
$280, which  she attributed to  public pressure.   Therefore, the                                                               
board would  remain in  a deficit  situation because  the board's                                                               
budget was $53,000.   In order for the board  to cover its cause,                                                               
the next renewal  license would need to cost $800  each, based on                                                               
a 102  people holding a license.   Ms. Miles concluded  by noting                                                               
her support of the voluntary  licensure because it holds folks to                                                               
a  standard  while  making  the  cost  of  a  license  much  more                                                               
affordable, which  could be a  great advantage in  recognition of                                                               
the state's fiscal gap.                                                                                                         
                                                                                                                                
Number 2074                                                                                                                     
                                                                                                                                
CHAIR  MURKOWSKI  asked  if  Ms. Miles  felt  that  the  six-year                                                               
apprentice  is  an  effort  to  avoid  the  high  fees  currently                                                               
assessed on the dispensing opticians.                                                                                           
                                                                                                                                
MS. MILES  opined that  the continued  apprenticeship is  done to                                                               
avoid  the high  fees and  the  testing fee.   Furthermore,  many                                                               
folks don't  like to take  tests and will  avoid doing so  at all                                                               
costs.    In  further  response to  Chair  Murkowski,  Ms.  Miles                                                               
informed the committee that an  average salary for an optician is                                                               
between $30,000 and $40,000.                                                                                                    
                                                                                                                                
Number 1959                                                                                                                     
                                                                                                                                
JAMES ROTHMEYER, Chair, Board  of Dispensing Opticians, testified                                                               
via  teleconference.    Mr.   Rothmeyer  provided  the  following                                                               
testimony:                                                                                                                      
                                                                                                                                
     Opticianry  is  a  complex  and  technical  field  that                                                                    
     requires  those  engaged  in  it  to  be  educated  and                                                                    
     trained  in basic  optics and  physiology and  how they                                                                    
     play  a role  in the  design, fit,  and fabrication  of                                                                    
     prescription  eyewear  and  other  ophthalmic  devices.                                                                  
     The method best suited  to determine or demonstrate the                                                                    
     individual's ability  to apply  this knowledge is  by a                                                                    
     mandatory practical or  clinical licensing examination.                                                                    
     I believe  that the  state and  public is  being better                                                                    
     served by  mandatory licensure through examination.   I                                                                    
     see no apparent good  come of proposing lower standards                                                                    
     of education  and training requirements.   Poor service                                                                    
     and  less  protection  of the  public  by  having  less                                                                    
     training   and   less  qualified   persons   dispensing                                                                    
     prescription  eyewear  and  fitting contact  lenses  is                                                                    
     not, in my opinion, a  good idea and it doesn't deserve                                                                    
     support.    As  a  board  we fixed  most  of  the  past                                                                    
     problems.    It  seems  to  me  we  have  hangnail-size                                                                    
     problem and they're  being told we must  cut the finger                                                                    
     off to fix it.   I think this is a  rush to judgment; I                                                                    
     think there's  a lot of  issues that need  much further                                                                    
     investigation and  understanding to make  such sweeping                                                                    
     changes  in the  way the  public receives  prescription                                                                    
     eyewear  and   contact  lenses.    I   would  urge  the                                                                    
     [legislature]   and   committee   to  pass   a   simple                                                                    
     continuous bill for four years  or leave things as they                                                                    
     are.   I  would like  to keep  working with  the [Joint                                                                    
     Committee  on  Legislative]  Budget and  Audit  ...  to                                                                    
     resolve any problems in the future.                                                                                        
                                                                                                                                
MR.  ROTHMEYER,  in response  to  Chair  Murkowski, informed  the                                                               
committee  that the  board meets  once a  year.   The next  board                                                               
meeting is  scheduled for April  2003.   He noted that  the board                                                               
members participate via teleconference or commute.                                                                              
                                                                                                                                
CHAIR MURKOWSKI  explained that she  is trying to  understand how                                                               
much   the  board   has  had   an  opportunity   to  digest   the                                                               
recommendations from  the Joint  Committee on  Legislative Budget                                                               
and Audit as well as Version S.                                                                                                 
                                                                                                                                
MR.  ROTHMEYER  pointed out  that  the  board has  rewritten  the                                                               
practical examination.   Furthermore, the board  has followed the                                                               
Joint Committee on Legislative  Budget and Audit's recommendation                                                               
to decrease  the apprenticeship hours  from 6,000 hours  to 3,000                                                               
hours.   Mr.  Rothmeyer  noted  that the  board  has adopted  the                                                               
nationally  recognized career  progression  program.   Therefore,                                                               
everyone has  the ability to  acquire the same knowledge  base to                                                               
understand and  better perform tasks  in this occupation  as well                                                               
as being better prepared to pass the state's licensing exam.                                                                    
                                                                                                                                
Number 1810                                                                                                                     
                                                                                                                                
PAM  GAJDOS, Image  Optical, testified  via teleconference.   She                                                               
informed the  committee that she  is a business owner  and served                                                               
on the Board of Dispensing Opticians  for two terms in the 1990s.                                                               
Ms. Gajdos  emphasized that from  the beginning she  has promoted                                                               
the adoption of the career  progression program.  She pointed out                                                               
that although  the career progression  program was  [adopted] two                                                               
years  before her  term  was over,  the  legislature changed  the                                                               
language  to "may"  which was  very disappointing.   Furthermore,                                                               
she agreed with shortening the  [apprenticeship] hours as long as                                                               
the  career  progression  program   was  required.    Ms.  Gajdos                                                               
compared  this situation  to  that of  the  dental hygienist  who                                                               
isn't  a dentist  but  does a  lot  of the  work  along side  the                                                               
dentist.  Ms.  Gajdos noted her concurrence in  the statements of                                                               
Ms. Rawcliffe  in regard to the  lack of understanding as  to how                                                               
any lowering  of the  standards would benefit  the public  in any                                                               
way.    Ms. Gajdos  informed  the  committee  that the  test  was                                                               
changed this year not only because  of the audit but also because                                                               
the test  has been worked on  at the national level  for the last                                                               
few years.   In this  situation, the  public is what  matters and                                                               
what  opticians  do is  imperative,  she  remarked.   Ms.  Gajdos                                                               
requested that the  committee take no action and  let the regular                                                               
sunset  continue  with the  adoption  of  the career  progression                                                               
program and the  reduction in apprenticeship hours.   She further                                                               
remarked that the  definition of apprentice should  be changed in                                                               
order to allow folks to be a desk clerk or frame clerk.                                                                         
                                                                                                                                
MS.  GAJDOS  emphasized the  need  for  the opticians  to  remain                                                               
licensed.  She noted her  disagreement with earlier comments that                                                               
people allow their  training hours to lapse  because of financial                                                               
reasons.    Ms. Gajdos  related  her  belief that  people  aren't                                                               
sitting for the test because these  folks never had the desire to                                                               
[become licensed] to begin with.   Ms. Gajdos also noted that the                                                               
automated  equipment  can  produce different  measurements.    In                                                               
conclusion, Ms. Gajdos announced her opposition to SB 270.                                                                      
                                                                                                                                
Number 1253                                                                                                                     
                                                                                                                                
JOANNE YANAG,  dispensing optician, Image Optical,  testified via                                                               
teleconference.  She said, "As  a second year dispensing optician                                                               
apprentice, I  feel that it  would be  a great disservice  to the                                                               
public to eliminate the Board  of Opticianry and licensure."  One                                                               
of the  benefits of the  program is that apprentices  are trained                                                               
in  the   field  with   supervision  while   receiving  extensive                                                               
education through the  career progressions program.   Both of the                                                               
aforementioned  are measured  by the  current system.   She  said                                                               
that  she can  personally  affirm that  [to  become a  dispensing                                                               
optician]  requires  a  combination of  on-the-job  training  and                                                               
education  to  learn  the  profession  and  provide  the  highest                                                               
quality  of  service  to  the  public.   As  an  apprentice,  her                                                               
measurements are  verified by an  licensed optician.   Therefore,                                                               
the [licensed optician] helps her  provide the correct lenses for                                                               
each  patient  while  teaching  her  the how  and  why  for  each                                                               
particular  prescription, she  related.   "There's  just so  much                                                               
more to being an optician than  selling frames," she stated.  Ms.                                                               
Yanag  requested that  the state  licensing  board continue,  and                                                               
therefore she also requested no action on SB 270 [Version S].                                                                   
                                                                                                                                
Number 1411                                                                                                                     
                                                                                                                                
MARIA  MASSEY, licensed  optician, Image  Optical, testified  via                                                               
teleconference.   Ms.  Massey requested  the  continuance of  the                                                               
Board of Dispensing  Opticians and that no action be  taken on SB
270.   More time is required  to make the necessary  changes.  In                                                               
order to  do the job well,  there must be trained  medical staff.                                                               
Furthermore, she said  she was sure that most  doctors would like                                                               
trained medical staff.                                                                                                          
                                                                                                                                
Number 1358                                                                                                                     
                                                                                                                                
CHRISTI  BRAND testified  via teleconference.   She  informed the                                                               
committee that she has worked in  the eye care field in Fairbanks                                                               
since 1986  and her  education [led  to the  opening] of  her own                                                               
optical shop  in 2000.   Ms. Brand expressed concern  with regard                                                               
to the  future of her profession  as well as the  public's safety                                                               
and  quality of  care.   She stressed  that prescriptive  eyewear                                                               
directly  impacts  the  quality  of  life of  the  wearer.    She                                                               
reviewed  the  effects  of   incorrectly  prescribed  lenses  and                                                               
contacts.  Ms.  Brand informed the committee  that contact lenses                                                               
have been classified by the Food  & Drug Administration as a drug                                                               
and the fitting  and dispensing of contacts should  be limited to                                                               
licensed qualified people.  Mandatory  testing and licensure must                                                               
be continued in  order to ensure the public's safety.   Ms. Brand                                                               
urged the committee  to postpone any action on SB  270 because it                                                               
isn't in the public's best interest in its current form.                                                                        
                                                                                                                                
Number 1253                                                                                                                     
                                                                                                                                
JAN  AMUNDSON testified  via teleconference.    She informed  the                                                               
committee that she  has been working in opticianry  for 30 years.                                                               
She  related how  she began  as a  receptionist [in]  a wholesale                                                               
fabricating  lab  and moved  through  the  licensure process  and                                                               
ultimately opened her  own business.  Ms. Amundson  said that she                                                               
was  lucky  to have  performed  her  apprenticeship under  highly                                                               
competent licensed opticians.  She  noted that over the years she                                                               
has  had   several  apprentices   licensed  under   her  license.                                                               
Therefore, she  said she takes  the responsibility to  train this                                                               
folks seriously.   Ms. Amundson  informed the committee  that she                                                               
has been employed by an  optical chain store and the optometrists                                                               
were unable to  supervise or train the staff.   She stressed that                                                               
most of the employees [in the  optical chain store] had little or                                                               
no experience and thus things were  done by trial and error.  Ms.                                                               
Amundson  emphasized her  serious  concern with  the standard  of                                                               
care for those  in Alaska.  Ms. Amundson  concluded by requesting                                                               
that the  Board of Dispensing  Opticians be continued and  SB 270                                                               
squelched.                                                                                                                      
                                                                                                                                
CHAIR  MURKOWSKI, upon  determining that  no one  else wished  to                                                               
testify, closed the public testimony on SB 270.                                                                                 
                                                                                                                                
[CSSB 270(L&C) was held over.]                                                                                                  
                                                                                                                                
CONFIRMATIONS                                                                                                                 
                                                                                                                                
CHAIR MURKOWSKI announced  that the last order  of business would                                                               
be the  confirmation hearings.   She informed the  committee that                                                               
all of the names presented do  meet the qualifications as set out                                                               
in statute.   Therefore, the committee  will make recommendations                                                               
regarding whether  the names should  be forward to the  full body                                                               
for confirmation.  Chair Murkowski  explained that she would read                                                               
through the names for each board.                                                                                               
                                                                                                                                
Number 0958                                                                                                                     
                                                                                                                                
Alaska State Board of Public Accountancy                                                                                      
                                                                                                                                
CHAIR MURKOWSKI  began with  the appointees  to the  Alaska State                                                               
Board  of  Public  Accountancy  and   asked  if  there  were  any                                                               
objections  to  forwarding  the following  names:    Margerie  J.                                                               
Kaiser, Steven R. Tarola,  and  Sandra R. Wilson.  There being no                                                               
objection, the  aforementioned names  were forwarded to  the full                                                               
body for consideration.                                                                                                         
                                                                                                                                
Alcoholic Beverage Control Board                                                                                              
                                                                                                                                
CHAIR  MURKOWSKI continued  with the  appointee to  the Alcoholic                                                               
Beverage Control Board and asked  if there were any objections to                                                               
forwarding  the  name  of  Ellen  L.  Ganley.    There  being  no                                                               
objection,  the aforementioned  name  was forwarded  to the  full                                                               
body for consideration.                                                                                                         
                                                                                                                                
State Board  of Registration for Architects,  Engineers, and Land                                                             
Surveyors                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI  turned to the  appointees to the State  Board of                                                               
Registration for  Architects, Engineers,  and Land  Surveyors and                                                               
asked if  there were any  objections to forwarding  the following                                                               
names:   Linda Cyra-Korsgaard, Donald  J. Iverson,  Scott McLane,                                                               
and   Patricia  Peirsol.     There   being   no  objection,   the                                                               
aforementioned  names  were  forwarded   to  the  full  body  for                                                               
consideration.                                                                                                                  
                                                                                                                                
Number 0882                                                                                                                     
                                                                                                                                
Board of Barbers and Hairdressers                                                                                             
                                                                                                                                
CHAIR MURKOWSKI  continued with  the appointees  to the  Board of                                                               
Barbers and Hairdressers  and asked if there  were any objections                                                               
to forwarding the  name of William "Randy" Graf.   There being no                                                               
objection,  the aforementioned  name  was forwarded  to the  full                                                               
body for consideration.                                                                                                         
                                                                                                                                
Board of Chiropractic Examiners                                                                                               
                                                                                                                                
CHAIR  MURKOWSKI moved  on  to  the appointees  to  the Board  of                                                               
Chiropractic Examiners and asked if  there were any objections to                                                               
forwarding  the following  names:   Dr. Gregory  M. Culbert,  Dr.                                                               
Carol  J.  Davis,    and  Dr. R.  Clark  Davis.  There  being  no                                                               
objection, the  aforementioned names  were forwarded to  the full                                                               
body for consideration.                                                                                                         
                                                                                                                                
Board of Dental Examiners                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI  continued with  the appointees  to the  Board of                                                               
Dental  Examiners  and asked  if  there  were any  objections  to                                                               
forwarding  the  following  names:   Dr.  Robert  J.  Allen,  Dr.                                                               
William  L. Gerace,  and Dr.  Rebecca  Neslund.   There being  no                                                               
objection, the  aforementioned names  were forwarded to  the full                                                               
body for consideration.                                                                                                         
                                                                                                                                
Board of Dispensing Opticians                                                                                                 
                                                                                                                                
CHAIR MURKOWSKI  continued with  the appointees  to the  Board of                                                               
Dispensing Opticians  and asked if  there were any  objections to                                                               
forwarding  the   following  names:     James   Rothmeyer,  David                                                               
Matthews, Jr.,  and Cindy  Tidd.  There  being no  objection, the                                                               
aforementioned  names  were  forwarded   to  the  full  body  for                                                               
consideration.                                                                                                                  
                                                                                                                                
Alaska Labor Relations Agency                                                                                                 
                                                                                                                                
CHAIR  MURKOWSKI  continued with  the  appointees  to the  Alaska                                                               
Labor Relations Agency and asked  if there were any objections to                                                               
forwarding  the  following  names:   Roberta  Demoski,  Aaron  T.                                                               
Isaacs, David  D. Rasley, and Raymond  P. Smith.  There  being no                                                               
objection, the  aforementioned names  were forwarded to  the full                                                               
body for consideration.                                                                                                         
                                                                                                                                
Board of Marine Pilots                                                                                                        
                                                                                                                                
CHAIR MURKOWSKI moved on to the  appointee to the Board of Marine                                                               
Pilots and asked  if there were any objections  to forwarding the                                                               
name  of  Jack  G.  Poulson.    There  being  no  objection,  the                                                               
aforementioned  name   was  forwarded   to  the  full   body  for                                                               
consideration.                                                                                                                  
                                                                                                                                
Number 0794                                                                                                                     
                                                                                                                                
Board of Marital and Family Therapy                                                                                           
                                                                                                                                
CHAIR  MURKOWSKI moved  on  to  the appointees  to  the Board  of                                                               
Marital  and  Family   Therapy  and  asked  if   there  were  any                                                               
objections to forwarding  the following names:   Larry Holman and                                                               
Bill Platte.  There being  no objection, the aforementioned names                                                               
were forwarded to the full body for consideration.                                                                              
                                                                                                                                
State Medical Board                                                                                                           
                                                                                                                                
CHAIR  MURKOWSKI  continued  with  the appointees  to  the  State                                                               
Medical  Board  and  asked  if   there  were  any  objections  to                                                               
forwarding  the names  of Dr.  Allan  G. Schlicht  and Thomas  H.                                                               
Wilson.  There being no  objection, the aforementioned names were                                                               
forwarded to the full body for consideration.                                                                                   
                                                                                                                                
Board of Certified Direct-Entry Midwives                                                                                      
                                                                                                                                
CHAIR  MURKOWSKI  moved on  to  the  appointee  to the  Board  of                                                               
Certified  Direct-Entry  Midwives and  asked  if  there were  any                                                               
objections to  forwarding the  name of  Martha J.  Falkar Linden.                                                               
There being  no objection, the aforementioned  name was forwarded                                                               
to the full body for consideration.                                                                                             
                                                                                                                                
Board of Nursing                                                                                                              
                                                                                                                                
CHAIR MURKOWSKI  continued with  the appointees  to the  Board of                                                               
Nursing and asked if there  were any objections to forwarding the                                                               
names of  Barbara Berner and Dr.  Nancy L. Sanders.   There being                                                               
no  objection, the  aforementioned  names were  forwarded to  the                                                               
full body for consideration.                                                                                                    
                                                                                                                                
Board of Examiners in Optometry                                                                                               
                                                                                                                                
CHAIR  MURKOWSKI  turned  to  the   appointee  to  the  Board  of                                                               
Examiners in Optometry and asked  if there were any objections to                                                               
forwarding the name of Dr. Erik  D. Christianson.  There being no                                                               
objection,  the aforementioned  name  was forwarded  to the  full                                                               
body for consideration.                                                                                                         
                                                                                                                                
Board of Pharmacy                                                                                                             
                                                                                                                                
CHAIR  MURKOWSKI moved  on  to  the appointees  to  the Board  of                                                               
Pharmacy and  asked if  there were  any objections  to forwarding                                                               
the  following  names:   Gerry  Knasiak,  Laura Lee  Nelson,  and                                                               
Margaret  Soden.   There being  no objection,  the aforementioned                                                               
names were forwarded to the full body for consideration.                                                                        
                                                                                                                                
State Physical Therapy and Occupational Therapy Board                                                                         
                                                                                                                                
CHAIR  MURKOWSKI  continued  with  the appointees  to  the  State                                                               
Physical  Therapy and  Occupational  Therapy Board  and asked  if                                                               
there  were any  objections  to forwarding  the following  names:                                                               
Sundi M. Hondl, Laura McDonough,  Linda Newman, and Dr. George D.                                                               
Rhyneer.   There  being no  objection,  the aforementioned  names                                                               
were forwarded to the full body for consideration.                                                                              
                                                                                                                                
Board of Professional Counselors                                                                                              
                                                                                                                                
CHAIR MURKOWSKI  continued with  the appointees  to the  Board of                                                               
Professional Counselors  and asked  if there were  any objections                                                               
to forwarding  the following  names:   Janet McGillivary  and Dr.                                                               
Allan A. Morotti.   There being no  objection, the aforementioned                                                               
names were forwarded to the full body for consideration.                                                                        
                                                                                                                                
Number 0687                                                                                                                     
                                                                                                                                
Board of Psychologist and Psychological Associate Examiners                                                                   
                                                                                                                                
CHAIR  MURKOWSKI  moved on  to  the  appointee  to the  Board  of                                                               
Psychologist and  Psychological Associate Examiners and  asked if                                                               
there were any objections to forwarding  the name of Dr. Carey S.                                                               
Edney.   There being  no objection,  the aforementioned  name was                                                               
forwarded to the full body for consideration.                                                                                   
                                                                                                                                
Board of Certified Real Estate Appraisers                                                                                     
                                                                                                                                
CHAIR MURKOWSKI  continued with  the appointees  to the  Board of                                                               
Certified  Real Estate  Appraisers and  asked if  there were  any                                                               
objections to forwarding the following names:  Judy Kemplen and                                                                 
Stephen F. Turner.  There  being no objection, the aforementioned                                                               
names were forwarded to the full body for consideration.                                                                        
                                                                                                                                
Real Estate Commission                                                                                                        
                                                                                                                                
CHAIR MURKOWSKI continued with the  appointees to the Real Estate                                                               
Commission and asked  if there were any  objections to forwarding                                                               
the following names:   Lowell (Tom) T.  Freeman, Jeannie Johnson,                                                               
and Susan Rainey.   There being no  objection, the aforementioned                                                               
names were forwarded to the full body for consideration.                                                                        
                                                                                                                                
Regulatory Commission of Alaska                                                                                               
                                                                                                                                
CHAIR  MURKOWSKI  turned  to  the  appointee  to  the  Regulatory                                                               
Commission of  Alaska and asked  if there were any  objections to                                                               
forwarding the  name of Will  Abbott.  There being  no objection,                                                               
the  aforementioned  name was  forwarded  to  the full  body  for                                                               
consideration.                                                                                                                  
                                                                                                                                
Board of Social Work Examiners                                                                                                
                                                                                                                                
CHAIR MURKOWSKI  continued with  the appointees  to the  Board of                                                               
Social Work Examiners  and asked if there were  any objections to                                                               
forwarding  the  following  names:   Lorraine  M.  Jaeger-Kirsch,                                                               
Denny Patella,  and Sammye Pokryfki.   There being  no objection,                                                               
the  aforementioned names  were forwarded  to the  full body  for                                                               
consideration.                                                                                                                  
                                                                                                                                
Number 0617                                                                                                                     
                                                                                                                                
Alaska Workers' Compensation Board                                                                                            
                                                                                                                                
CHAIR  MURKOWSKI  concluded with  the  appointees  to the  Alaska                                                               
Workers'  Compensation   Board  and  asked  if   there  were  any                                                               
objections to forwarding the following  names:  Dorothy Bradshaw,                                                               
John Giuchici, Stephen T. Hagedorn, James (Jay) N. Rhodes, and                                                                  
Philip E. Ulmer.  There being no objection, the aforementioned                                                                  
names were forwarded to the full body for consideration.                                                                        
                                                                                                                                
REPRESENTATIVE MEYER inquired as to whether there is a good                                                                     
balance on the Alcoholic Beverage Control Board.                                                                                
                                                                                                                                
REPRESENTATIVE ROKEBERG related his belief that a statutory                                                                     
balance is required for the Alcoholic Beverage Control Board.                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
4:55 p.m.                                                                                                                       

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