Legislature(2023 - 2024)GRUENBERG 120
03/28/2023 01:00 PM House MILITARY & VETERANS' AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB85 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 85 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
March 28, 2023
1:02 p.m.
MEMBERS PRESENT
Representative Stanley Wright, Chair
Representative Laddie Shaw
Representative Ben Carpenter
Representative George Rauscher
Representative Dan Saddler
Representative Cliff Groh
Representative Andrew Gray
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 85
"An Act relating to professional licensing; relating to
temporary licenses for some professions; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 85
SHORT TITLE: PROFESSIONAL LICENSING; TEMP PERMITS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/27/23 (H) READ THE FIRST TIME - REFERRALS
02/27/23 (H) L&C, FIN
03/08/23 (H) L&C AT 3:15 PM BARNES 124
03/08/23 (H) Heard & Held
03/08/23 (H) MINUTE(L&C)
03/10/23 (H) L&C AT 3:15 PM BARNES 124
03/10/23 (H) Heard & Held
03/10/23 (H) MINUTE(L&C)
03/17/23 (H) L&C AT 3:15 PM BARNES 124
03/17/23 (H) Moved CSHB 85(L&C) Out of Committee
03/17/23 (H) MINUTE(L&C)
03/20/23 (H) L&C RPT CS(L&C) 5DP 1AM
03/20/23 (H) DP: CARRICK, WRIGHT, PRAX, RUFFRIDGE,
SUMNER
03/20/23 (H) AM: SADDLER
03/22/23 (H) MLV REFERRAL ADDED BEFORE FIN
03/22/23 (H) BILL REPRINTED
03/28/23 (H) MLV AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
GLENN SAVIERS, Deputy Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community, and Economic Development
Juneau, Alaska
POSITION STATEMENT: On behalf of the sponsor, House Rules by
request of the governor, presented the committee substitute for
HB 85(L&C), gave the sectional analysis, and gave a PowerPoint
presentation.
ACTION NARRATIVE
1:02:18 PM
CHAIR STANLEY WRIGHT called the House Special Committee on
Military and Veterans' Affairs meeting to order at 1:02 p.m.
Representatives Gray, Groh, Saddler, Rauscher, Shaw, and Wright
were present at the call to order. Representative Carpenter
arrived as the meeting was in progress.
HB 85-PROFESSIONAL LICENSING; TEMP PERMITS
1:03:02 PM
CHAIR WRIGHT announced that the only order of business would be
HOUSE BILL NO. 85, "An Act relating to professional licensing;
relating to temporary licenses for some professions; and
providing for an effective date." [Before the committee was
CSHB 85(L&C).]
1:04:02 PM
GLENN SAVIERS, Deputy Director, Division of Corporations,
Business, and Professional Licensing, Department of Commerce,
Community, and Economic Development, explained that the
committee substitute (CS) for HB 85 is the result of the federal
law, H.R. 7939, that went into effect on January 5, [2023], and
it amends Title 7 of the Servicemembers Civil Relief Act. She
stated that Section 19 of this federal resolution concerns the
"portability of professional licenses of members of the
uniformed services and their spouses" and requires states to
treat professional licenses from another jurisdiction held by
these individuals as valid if the individuals have relocated
because of military orders. Furthermore, for the license to be
valid in the new jurisdiction, the servicemember or spouse must
remain in good standing in any jurisdiction from which they have
been issued a license of a similar scope of practice. She said
the servicemember or spouse must also submit documentation
related to standards of practice, discipline, and fulfillment of
any continuing education requirements. The federal law also
provides that, where a service member is able to operate in
multiple states due to an interstate licensure compact, the
terms of the compact would apply. She explained that the
Department of Law helped the division identify how Alaska
statute needs to change to comply, and it was determined that
[CSHB 85(L&C)] would be the best vessel for the change. She
stated that she would be explaining the Professional Licensing
Section's duties and the Universal Temporary Licensure (UTL)
based on the proposed legislation.
1:06:15 PM
MS. SAVIERS offered the sectional analysis for Section 1 of CSHB
85(L&C) [included in the committee packet], which read as
follows [original punctuation provided]:
Section 1: Repeals and reenacts AS 08.01.062
temporary license to allow the Department of
Commerce, Community, and Economic Development
("department") to issue a temporary license if the
applicant:
• Is licensed in another U.S. jurisdiction that has
license requirements substantially equivalent or
greater than Alaska's, or authorizes a scope of
practice substantially equivalent to the scope of
practice for the license in Alaska; or
• Meets the qualifications and requirements for the
Alaska license through military education, training,
and service under AS 08.01.064(a) and doesn't already
hold a license in another jurisdiction.
To qualify for a temporary license, the applicant
cannot:
• Be the subject of disciplinary action related to the
profession in another jurisdiction or be the subject
of an ongoing review or disciplinary proceeding by the
profession's licensing entity in another jurisdiction.
Have committed an act in another jurisdiction within
the 10 years before the application that would have
constituted grounds for denial or revocation of a
license in Alaska at the time the act was committed.
To qualify for a temporary license, the applicant
must:
Pays all required fees.
• Undergo a criminal history background check if the
department or applicable board requires such for the
professional license.
o Disclaimer: The department may consider an
application and grant a temporary license before
obtaining any resulting report. If the department
subsequently receives criminal record information that
would authorize the department or board to take
disciplinary action, that authority shall be
exercised.
Temporary licenses are valid for up to 180 days.
Applicants can apply for one 180-day extension, and
those will be approved at the department's
discretion."
Temporary license holders are authorized to
temporarily practice the profession for which the
license was granted. The department has the authority
to revoke a license issued under this section if the
license was secured under deceit, fraud, or
intentional misrepresentation."
Temporary license provisions under this section do not
apply to AS 08.48 (Architects, Engineers, Land
Surveyors, and Landscape Architects), AS 08.54 (Big
Game Guides and Related Occupations), or AS 08.62
(Marine Pilots).
1:08:10 PM
The committee took a brief at-ease at 1:08 p.m.
1:08:49 PM
MS. SAVIERS wrapped up discussion of Section 1 in the sectional
analysis [text provided previously].
1:09:46 PM
MS. SAVIERS gave a PowerPoint presentation, titled "Universal
Temporary Licensure" [hardcopy included in the committee
packet]. On slide 2, she gave a brief overview of the
Professional Licensing Section within the division. She
explained that the division oversees professional licensing for
45 programs covering 125 professions. She pointed out that, not
including the administrative support team or investigators, the
Professional Licensing Section has a staff of 53 members,
including non-permanent positions. She provided a breakdown of
the 45 professional licensing programs within the division. She
noted that within the division's 45 professional licensing
programs, there are over 250 types of licenses, permits,
certificates, and endorsements, as well as over 400 pathways to
these initial licenses or permits. She pointed out that these
license type numbers would not include all the military
temporary courtesy licenses created by the passage of Senate
Bill 21 [passed during the Thirty-second Alaska State
Legislature].
1:11:26 PM
MS. SAVIERS pointed to the dental licensing program as an
example of the complexity in licensing. She explained that the
program has just two professions dentists and dental
hygienists; however, there are many types of licenses,
certificates, endorsements, and permits. She stated that a
dentist license can be obtained by Examination Level III, by
Examination Level II, or by credentials. She continued that the
dental hygienist license can also be obtained by the same three
pathways. She added that dentists can also obtain permits to
administer moderate or minimal sedation. They can also obtain
permits to administer deep sedation or general anesthesia. She
said both types of permits can be obtained through multiple
pathways. She explained that dental hygienists can also obtain
advanced practice permits, certificates to administer local
anesthetic agents, certificates to provide nitrous oxide, and
endorsements to perform restorative functions.
MS. SAVIERS commented that while the board does not regulate
dental assistants, if dental assistants want to perform coronal
polishing or restorative functions, they will need to obtain
certificates from the board to do so. She noted other types of
permits and licenses, including temporary dentist permits,
courtesy dentist licenses, courtesy dental hygienist licenses,
military temporary courtesy licenses for both dentists and
dental hygienists, and collaborative agreements between dentists
and dental hygienists. She highlighted that there would soon be
12 specialty dentist license types from legislation passed last
year. She advised that all the aforementioned items require
separate applications and supporting documents. In addition,
she listed the course types that the board approves, including
coronal polishing courses, continuing education courses for
dentists and for moderate sedation permit holders.
MS. SAVIERS emphasized that one program alone can require
significant knowledge from staff. She stated that most programs
are staffed by one range 14 licensing examiner, who not only
handles all licensing duties but, in many cases, also staffs the
board. She gave examples of other staff, which include
professional counselors, chiropractors, physical and
occupational therapists, massage therapists, social workers, and
dental practitioners. She noted that due to the legislation
passed last year the division is getting a second examiner to
reestablish specialty licenses and create an advanced practice
permit for hygienists.
1:13:50 PM
MS. SAVIERS explained that some larger programs require
additional staff for licensing teams; in example, nursing, which
has a 11-person team. She noted that the pharmacy, medical, and
construction contractor programs also have teams, but they are
less than half the size of the nurse-licensing team. She
explained that the division is receipt supported, meaning that
per statute, fees are set based on the cost to run the program,
including the processing of all documents and applications,
answering calls and e-mails, staffing board meetings, and
investigating complaints.
MS. SAVIERS noted that the Professional Licensing Section has
seen a 24 percent increase in its workload over the last 4 years
and a 64 percent increase over the last 10 years. She advised
that these numbers do not include other work done by the
section, including the processing of submitted applications that
do not result in a license, applications for course approvals,
processing of supporting documents and renewals, responding to
e-mails or calls, or the work done by administrative and
investigations teams. She said that coupled with the severe
staffing vacancies and turnovers, the division has seen the
longest processing times ever. She suggested that staffing is
getting back on track, and the governor would be granting
additional positions in the fiscal year 2024 (FY 24) amended
budget. She said the division appreciates the additions;
however, there is more that can be done.
1:15:30 PM
REPRESENTATIVE SADDLER referenced the comment about the
additional staffing in FY 24. He asked Ms. Saviers to enumerate
the additions and total cost.
MS. SAVIERS answered that additions in the FY 24 budget would
include six administrative assistants, four occupational
licensing examiners for nursing, medical, and professional
counselors, and one licensing and records supervisor to be
assigned to the State Medical Board. In response to a follow-up
question, she stated that the added staff would also be used for
previously assigned duties. She explained that the division has
witnessed increases in the programs to such a degree that staff
are needed in order to keep pace with the existing workload.
She elaborated that the division needs administrative
assistances in the frontend, which would aid examiners, so they
would be able to focus on processing applications rather than on
handling paperwork.
1:16:43 PM
MS. SAVIERS returned to the PowerPoint presentation on slide 3
to show a list of board regulated programs within the division.
She said there are 136 board members, when all the seats are
filled. She stated that there are many meetings a year, so many
boards have weekly work that must be completed. She pointed out
that slide 4 lists the 24 programs regulated by the division.
She noted that none of the numbers of license types listed
include military temporary courtesy licenses, which exist for
most of the other programs.
MS. SAVIERS pointed attention to two items listed. The first is
the Prescription Drug Monitoring Program (PDMP). She explained
that, while it is under the Board of Pharmacy, it is regulated
and managed by the division. This is because it requires its
own staff separate from the Board of Pharmacy staff, with a
hands-on approach that cannot be provided by volunteer board
members. She said that PDMP currently impacts six boards,
including the Board of Pharmacy. She noted that the second item
is the telemedicine business registry, which is a registry for
businesses providing in-state and out-of-state telehealth
services in Alaska.
1:18:12 PM
MS. SAVIERS moved to slide 5 to explain UTL [as proposed by CSHB
85(L&C)]. She said that this would allow the department to
issue temporary licenses to qualified professionals who have
similar licenses from other U.S. jurisdictions or to those who
meet the requirements for an Alaska license through military
education, training, service, and are not licensed in another
jurisdiction. She noted that this change would allow these
individuals to begin work faster in Alaska. She noted that the
changes made by the CS apply to this provision.
MS. SAVIERS moved to slide 6 to explain how an individual
qualifies for a UTL. She said that an individual coming from
another jurisdiction would still have to apply to the department
and demonstrate his/her license is in good standing, or the
individual would need to qualify through military education or
training. If a criminal history background check is required
for the profession in Alaska, this would be needed prior to
issuing the temporary license, and the applicant would have to
pay a fee. She explained that an individual would not be able
to obtain one of these licenses if the other jurisdiction does
not have substantially similar requirements; the individual is
currently the subject of disciplinary action in the other
jurisdiction; or the individual has committed an act in another
jurisdiction in the last 10 years that would have prevented a
license in Alaska at the time of the act.
1:20:19 PM
MS. SAVIERS, in response to a question from Representative
Rauscher, explained that currently boards have the ability but
are not required to establish temporary licenses, as they all
have different requirements and meanings. She explained that
the goal of the proposed legislation would be to repeal the
existing definitions for temporary license and streamline this
for all programs. In response to a follow-up question, she said
Section 27 of CSHB 85(L&C) would list all statutes that would be
affected by the proposed legislation.
1:22:49 PM
MS. SAVIERS returned to the presentation on slide 7. Explaining
temporary licensure, she stated that once the department
determines an applicant meets the qualifications, these licenses
would be valid for 180 days. She said there would also be an
option for a one-time extension of another 180 days, and this
would be when a temporary licensee can show the permanent
licensure is in progress, but the individual has been unable to
meet the requirements within the first 180-day period. These
reasons may include that the courses were not yet available or
information from a third party had not yet been received. She
stated that holders of these temporary licenses must follow all
of Alaska's statutes and regulations related to the profession.
She pointed out that the department can revoke a license that
was obtained through deceit, fraud, or intentional
misrepresentation.
MS. SAVIERS said of the 43 different professional programs the
department licenses, CSHB 85(L&C) would cover 40. She listed
the three that are omitted: licenses under the Board of Marine
Pilots, because operating a barge or cruise ship in Alaska
requires Alaska-specific training; licenses under the Big Game
Commercial Services Board, because guiding hunts in Alaska is
not like guiding hunts anywhere else due to Alaska's animals,
terrain, weather patterns, and the state's laws; and
professionals covered by the Board of Registration for
Architects, Engineers, and Land Surveyors, because there are
Alaska-specific things concerning building in an Arctic or sub-
Arctic climate.
1:24:25 PM
REPRESENTATIVE GRAY questioned why construction contractors and
home inspectors would not be included.
MS. SAVIERS responded that the department did not flag
architects, engineers, and land surveyors as being a concern,
but rather the board had brought forward this concern.
1:25:11 PM
REPRESENTATIVE CARPENTER asked about temporary licenses being
valid for 180 days. He asked if it takes 180 days to attain an
Alaska license that is not a temporary license.
MS. SAVIERS answered no, and she explained that if a person
comes to Alaska from another state, and the requirements are
higher in Alaska, it might take six months to attain the needed
education. She also pointed out that for a person licensed in
all 50 states, it would be in the licensee's hands as to how
long it takes for the department to receive a full application
packet. She noted that the Alaska Medical Board would require
verification of hospital privileges of every hospital the person
has worked in, which she said could be hundreds for a person
that provides telemedicine.
REPRESENTATIVE CARPENTER referred to slide 6, regarding the
application process. He asked how the listed requirements
compare to a normal Alaska license.
MS. SAVIERS responded that it would depend on the program and
the license type. She said that, for example, if there are
eight or nine requirements for permanent licensure, the goal
would be for the person to have the ability to work once five
requirements have been met, while waiting for the other
requirements. She stressed that this would vary individually by
license type.
REPRESENTATIVE CARPENTER questioned the verification process
when a person is the subject of a disciplinary proceeding or
review in another jurisdiction.
MS. SAVIERS answered that for a person to qualify for a
temporary license, there would need to be a verification of
licensure from the other jurisdiction. Because of the ease of
document forgery, she said, this information must come directly
from the other state to the department. She said the plan would
be to use national programs, like the National Practitioner
Database, which requires states to report disciplinary actions
taken on individuals. She pointed out that the applications
would also contain professional fitness questions, like whether
the person has undergone disciplinary action or has been
convicted of a crime. If it is found that a license had been
obtained through deceit or intentional misrepresentation, the
department could revoke this license. In response to a follow-
up question, she said the state still has the authority to
revoke regardless of whether the license is temporary or
permanent.
REPRESENTATIVE CARPENTER offered his understanding that CSHB
85(L&C) would create additional work for the division. He
questioned whether the state has considered reducing the time
necessary to license individuals in the first place.
MS. SAVIERS responded, "You are hitting it spot on." She
indicated she would address this in upcoming slides. She
suggested that temporary licensure would become an automatic
part of the permanent licensure process; therefore, it is not an
additional license, just an indication as to whether the person
wants a temporary or permanent license. She said the idea of
the proposed legislation is to prevent an increase in the number
of applications that staff must process; instead, it would be
the same license filed that would shift from temporary to
permanent when the time comes.
1:31:17 PM
REPRESENTATIVE RAUSCHER asked for the reason behind allowing
applicants to apply for a 180-day extension.
MS. SAIVERS responded that applications are often delayed
because pieces are coming from a third party, such as a school
or hospital in another state, and the department does not want
to penalize the applicant if the delay is due to something out
of the applicant's control.
1:32:26 PM
MS. SAVIERS moved to slide 8 and pointed out that Alaska is
experiencing a workforce shortage in several fields, and she
advised that it is time to streamline the process to allow
qualified professionals to be able to work quickly in the state.
She said that processing times are lengthening for many programs
because of the 64 percent increase in the number of professional
licenses in the last decade, compounded by record high staffing
shortages and turnover rates in the last few years. She
reported that there have been significant improvements in
staffing, but the workload is still heavy.
MS. SAVIERS explained that UTL is being adopted by many states,
and Alaska needs to use every option available to safely get
qualified licensed professionals to work in Alaska sooner. For
professionals looking for permanent licensure in Alaska, she
said the department would issue the temporary license
automatically if the applicant met the qualifications as part of
the permanent licensure process, which would reduce the need for
multiple applications. She added that for professionals looking
to come to Alaska for 180 days or less, the department would
issue a temporary license when the required items have been
received and processed. She asserted that conducting the
program this way versus an "express line" for temporary licenses
would get people to work quicker without the increase in the
number of applications that staff must process.
MS. SAVIERS moved to slide 8, titled "Why is UTL Needed?" She
pointed out that currently all boards have the authority to
offer temporary licenses under AS 08.01.062, but only some do.
She stated that this provision would be repealed under Section 1
of CSHB 85(L&C), and a standardized, streamlined temporary
licensure process would be created, with requirements that would
be the same across all programs. She asserted that Alaska needs
to promote the fact it is "open for business," by making it
easier for qualified licensees in good standing to come to the
state to fill vacancies and assist residents in the need of
services.
1:35:28 PM
MS. SAVIERS moved to slide 9 to explain how UTL would help. She
relayed that the State Medical Board and the Alaska Board of
Nursing has led the way in making temporary permits part of the
permanent licensure process. Although temporary licensure does
require some additional tracking beyond what was previously
needed for the permanent license, it would also eliminate the
need for professionals to submit applications for both a
temporary and permanent license. This would reduce the number
of applications that staff must process for the same person.
She explained that this regulation change would allow
physicians, physician assistants, registered nurses, and
practical nurses to work in Alaska while licensing examiners
wait on verifications from third parties. She said that under
Senate Bill 21 the state currently has similar provisions under
the temporary military licenses offered to active-duty military
members and their spouses.
MS. SAVIERS pointed out that UTL would reduce processing times
by creating a standardized concept across all programs. She
reiterated that because professionals will be able to specify
when only a temporary license is needed, staff time would be
saved by not having to address the permanent licensure
requirements. She voiced that the division would like to expand
this process for all professional licensures.
1:37:21 PM
MS. SAVIERS moved to slide 10 and discussed compact bills being
considered this session, such as the Nurse Licensure Compact
(NLC). She pointed out the difference between the UTL laws
versus interstate license compacts. She stated that the
division is looking both internally to find efficiencies and
externally to speed up professional licensing. She stated that
UTLs and compacts are all tools to help with processing times.
In addressing the nursing shortage, she said the department
still sees NLC as the very best option to reduce application
processing times. She added that UTL would complement NLC, as
it would allow a pathway for qualified nurses from non-compact
states to obtain a temporary license quickly and get to work.
Furthermore, NLC is specific to registered and practical nurses,
whereas UTL applies to 40 professional licensing programs within
the division.
MS. SAVIERS moved to slide 11 to showcase the states that have
enacted some form of UTL law. She stated that according to the
Council of State Governments, as of May 2022, 18 other states
have already enacted some type of UTL laws for professionals
licensed by other states. She concluded the presentation on
slide 12 by providing Director Sylvan Robb's contact
information.
1:39:30 PM
REPRESENTATIVE RAUSCHER asked whether a nurse practitioner would
fall under UTL.
MS. SAVIERS answered yes and explained that a nurse practitioner
would fall under the temporary license category but would need
to attain a registered nurse license first in Alaska. In
response to a follow-up question, she said this would apply to a
person who was licensed in another state but wanted to move to
Alaska and do the same job.
REPRESENTATIVE RAUSCHER pointed out that there are already 180
days in a UTL, as well as another 180 days in the extension. He
asked whether it would be possible for a person who has had
action taken against him/her in another state to work in Alaska.
MS. SAVIERS answered that the way the law is written, the
individual would not be able to unless there is a blatant lie on
the application. She explained that the department would ask
the individual whether there are any pending disciplinary
actions or investigations against the individual's license. If
the applicant responds in the negative, and it is later found a
license was obtained through deceit, action would be taken.
1:41:33 PM
REPRESENTATIVE SADDLER expressed concern that making this
process faster, reviews would be fewer and looser. He opined
that if the UTL process envisioned is good, it should be used
for all licenses; otherwise, the state should not use it for any
licenses. He asked whether there are enough resources for the
current applications. If not, he questioned whether a temporary
group of full-time staff might help reduce the backlog.
Furthermore, he questioned what the benefit would be in issuing
temporary licenses over issuing just temporary and permanent
licenses.
MS. SAVIERS responded that this would apply to a person that
meets a specific set of requirements. The person must have
worked in another state and have no disciplinary action,
convictions, or pending investigations. She expressed the
opinion that this would not be the case for all applicants, and
she asserted that the division is comfortable with the idea of
"squeaky-clean" applicants coming in on a temporary basis while
their credentials are verified. Conversely, for a person who
has not worked in another state, there are other requirements to
ensure the education and the training have been obtained. She
explained that those who have had disciplinary actions in other
states need to have this resolved, and the board needs the
ability to review such information. She explained that the
division is attempting to balance speed with filling vacancies
in the state, while also ensuring that public safety measures
are retained.
REPRESENTATIVE SADDLER discussed the advantage of giving
deference to an applicant's assertion of a clean record, so the
applicant would not have to wait two to three months for the
division's investigation before working. He asked if giving
more deference to the applicant would be the advantage of the
proposed legislation.
MS. SAVIERS answered that if the applicant appears to be clean
in another state, the division will trust this and verify
afterwards; whereas, if the division must verify ahead of time,
having deference would be an advantage of CSHB 85(L&C).
1:45:02 PM
REPRESENTATIVE GRAY shared that he arrived in California in 2013
and applied for a physician assistant license. He stated that
he had a license within three weeks and began working. He
continued that when he moved to Alaska in 2017, he was working
for the Alaska Veterans Administration (VA) and the Army
National Guard, both of which accepted his California license.
He explained that an Alaska license took almost 180 days;
therefore, he expressed gratitude that he could work for the
federal government with the California license. He expressed
the opinion that this would be the benefit from CSHB 85(L&C).
He opined whether any state has enacted UTL, and then repealed
it.
1:46:42 PM
REPRESENTATIVE CARPENTER, concerning the concept of issuing a
license and then double-checking it, questioned whether the
systemic review would need to happen in the regulatory process.
He stressed that it should not take 180 days to get a license.
He said a fundamental question needs to be asked: Would it be
truly risk free for the state to have the responsibility to
ensure a person is certified to conduct work? He argued that
the employer has the responsibility to ensure that the people
they hire can do the job. If the employer were to provide a
probationary period, he asked whether the state would need 180
days and bureaucracy costs to do this.
MS. SAVIERS responded that this question comes down to what is
in statute and what is addressed by the boards. She said that
right now the division meets the requirements that are in law;
however, it cannot issue a license to a person until that
requirement is met. She expressed the opinion that the balance
would be finding the line between efficiency and public safety.
She said that employers do indeed have the responsibility, but
as to whether all of them follow this, she expressed the opinion
that they would not. She pointed out that there would be a
vetting process in a hospital; however, for a small employer,
she expressed uncertainty concerning the process.
1:49:19 PM
REPRESENTATIVE SADDLER referenced the comment that the
administration's budget would add additional administrative
staff with the aim of addressing the workload backlog. He
suggested that CSHB 85(L&C) would add to the existing workload
with the task of comparing all the different license types and
programs from other states. He asserted that only one or two
people doing this work would be a challenge.
MS. SAVIERS responded that the fiscal note shows a request for
two positions: a paralegal, who will review laws from other
states when there are questions, and a project assistant, who
will ensure that a log is kept when research is carried out.
She expressed confidence that the division would only request
the positions it would need. She surmised that the work would
be possible with the two positions; however, if it is found that
the workload is larger than expected, the division would be
willing to come back before the legislature and admit this.
REPRESENTATIVE SADDLER offered his understanding that initially
the two positions would be added using general funds; however,
the revised fiscal note suggests that they would be funded via
program receipts. He asked how the division proposes to
allocate the costs for the additional staff across the different
licensures.
MS. SAVIERS said the division has a number of positions that
support all programs, so those are considered indirect costs
when looking at the program or board's cost report. Indirect
costs cover management, for example. Further, she said that
staff who do not specifically work on individual programs for a
long time are spread out across the department.
REPRESENTATIVE SADDLER predicted that if CSHB 85(L&C) is passed
with the accompanying fiscal note, the division would be back
next year seeking more funding.
1:52:33 PM
CHAIR WRIGHT informed members that a committee substitute would
be drafted.
[CSHB 85(L&C) was held over.]
1:52:50 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 1:52 p.m.