Legislature(2005 - 2006)SENATE FINANCE 532

03/01/2006 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 207 AK AEROSPACE DEVEL. CORP BD MEMBERSHIP TELECONFERENCED
Moved CSSB 207(FIN) Out of Committee
+ SB 253 EXTEND BOARD OF CHIROPRACTIC EXAMINERS TELECONFERENCED
Moved SB 253 Out of Committee
+ SB 254 EXTEND PT & OCCUPATIONAL THERAPY BOARD TELECONFERENCED
Moved SB 254 Out of Committee
+ SB 255 OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT TELECONFERENCED
Moved CSSB 255(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                            MINUTES                                                                                           
                    SENATE FINANCE COMMITTEE                                                                                  
                         March 1, 2006                                                                                        
                           9:07 a.m.                                                                                          
                                                                                                                                
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Vice  Chair  Con  Bunde convened  the  meeting  at  approximately                                                               
9:07:50 AM.                                                                                                                   
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Con Bunde, Vice Chair                                                                                                   
Senator Fred Dyson                                                                                                              
Senator Bert Stedman                                                                                                            
Senator Donny Olson                                                                                                             
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
Also  Attending:   SENATOR  GARY  STEVENS;  TOM MAHER,  Staff  to                                                             
Senator  Gene Therriault,  PAT  DAVIDSON,  Director, Division  of                                                               
Legislative   Audit;   RICK    URION,   Director,   Division   of                                                               
Corporations, Business and  Professional Licensing, Department of                                                               
Community and Economic Development;                                                                                             
                                                                                                                                
Attending via Teleconference:  From  Kodiak: NORM WOOTEN, Member,                                                             
Kodiak Chamber  of Commerce; SUE JEFFERY,  Member, Kodiak Chamber                                                               
of Commerce; PAT BRANSON, President,  Kodiak Chamber of Commerce,                                                               
and Assembly  Member, Kodiak Island  Borough; From  Mat-Su: SUNDI                                                               
HONDL,  President,  Alaska  Physical  Therapy  Association;  From                                                               
Anchorage: PATRICIA MCADOO, Physical Therapist                                                                                  
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 207-AK AEROSPACE DEVEL. CORP BD MEMBERSHIP                                                                                   
                                                                                                                                
The Committee  heard from the  sponsor and the Kodiak  Chamber of                                                               
Commerce.  A  committee  substitute  was  adopted  and  the  bill                                                               
reported from Committee.                                                                                                        
                                                                                                                                
SB 253-EXTEND BOARD OF CHIROPRACTIC EXAMINERS                                                                                   
                                                                                                                                
The Committee heard from the  sponsor. The bill was reported from                                                               
Committee.                                                                                                                      
                                                                                                                                
SB 254-EXTEND PT & OCCUPATIONAL THERAPY BOARD                                                                                   
                                                                                                                                
The Committee heard  from the sponsor and  representatives of the                                                               
profession. The bill was reported from Committee.                                                                               
                                                                                                                                
SB 255-OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT                                                                                   
                                                                                                                                
The   Committee  heard   from  the   sponsor,  the   Division  of                                                               
Legislative Audit  and the Department of  Commerce, Community and                                                               
Economic Development.  An amendment  was amended and  adopted and                                                               
the bill was reported from Committee.                                                                                           
                                                                                                                                
                                                                                                                                
9:08:07 AM                                                                                                                    
                                                                                                                                
     CS FOR SENATE BILL NO. 207(L&C)                                                                                            
     "An Act relating to the membership on the board of                                                                         
     directors of the Alaska Aerospace Development Corporation."                                                                
                                                                                                                                
                                                                                                                                
This was the  second hearing for this bill in  the Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
Senator Stedman moved for adoption  of CS SB 207, 24-LS1208\I, as                                                               
a working document.                                                                                                             
                                                                                                                                
9:08:15 AM                                                                                                                    
                                                                                                                                
Vice  Chair Bunde  objected to  the  motion to  explain that  the                                                               
committee  substitute represents  a compromise  and would  enable                                                               
the  fiscal  note to  be  zero.  The committee  substitute  would                                                               
provide a  requirement that  residents of  Kodiak would  hold two                                                               
seats  on   the  board  of   the  Alaska   Aerospace  Development                                                               
Corporation (AADC).  If no  local residents  applied for  a seat,                                                               
another Alaskan resident could fill the vacancy.                                                                                
                                                                                                                                
9:08:55 AM                                                                                                                    
                                                                                                                                
SENATOR  GARY  STEVENS,  sponsor   of  the  bill,  supported  the                                                               
requirement that Kodiak residents would  hold two seats. This has                                                               
been the  historical practice. Local representation  is important                                                               
due to  the issues  regarding access and  impacts to  beaches and                                                               
other areas  near the launch  facility. He had held  a non-voting                                                               
seat on the board but found  it difficult to serve without voting                                                               
privileges  and  therefore  resigned   from  the  position.  This                                                               
legislation would  have no fiscal  impact. The practice  of local                                                               
representation  has been  successful in  the past  and no  reason                                                               
exists why it would not be successful in the future.                                                                            
                                                                                                                                
9:10:33 AM                                                                                                                    
                                                                                                                                
Senator Stedman asked if the  seats held by local residents would                                                               
be designated.                                                                                                                  
                                                                                                                                
9:10:44 AM                                                                                                                    
                                                                                                                                
Senator G. Stevens replied that  a Kodiak resident could hold any                                                               
seat on the board provided that local residents hold two seats.                                                                 
                                                                                                                                
9:11:03 AM                                                                                                                    
                                                                                                                                
Vice Chair Bunde called upon testifiers.                                                                                        
                                                                                                                                
9:11:20 AM                                                                                                                    
                                                                                                                                
NORM WOOTEN,  Member, Kodiak Chamber  of Commerce,  testified via                                                               
teleconference from Kodiak in support  of the bill and in support                                                               
of the specification that local residents would hold seats.                                                                     
                                                                                                                                
9:11:50 AM                                                                                                                    
                                                                                                                                
SUE JEFFERY,  Member, Kodiak Chamber  of Commerce,  testified via                                                               
teleconference from  Kodiak to the importance  of designating two                                                               
seats on  the board for  local residents. This would  ensure that                                                               
the board  has a "closer  ear to the  ground in Kodiak"  to abate                                                               
problems before  they arise. Oftentimes,  conflicts are due  to a                                                               
lack of communication that led to the problems.                                                                                 
                                                                                                                                
9:12:58 AM                                                                                                                    
                                                                                                                                
PAT BRANSON, President, Kodiak Chamber  of Commerce, and Assembly                                                               
Member, Kodiak Island Borough,  testified via teleconference from                                                               
Kodiak,  that the  AADC has  a  significant impact  on the  local                                                               
community, economically  and in other ways.  The designated seats                                                               
provide  a link  between the  board  and the  community. It  also                                                               
somewhat relieves  the chair and  the chief executive  officer of                                                               
the burden of  attempting to ascertain and meet the  needs of the                                                               
community. The AADC is an important aspect of Kodiak Island.                                                                    
                                                                                                                                
9:15:19 AM                                                                                                                    
                                                                                                                                
Senator Olson  asked how often  board decisions were  divided and                                                               
the presence of two locals would "tip the balance".                                                                             
                                                                                                                                
9:15:57 AM                                                                                                                    
                                                                                                                                
Senator  G.  Stevens  responded   that  traditionally  the  board                                                               
membership  has always  been comprised  of  two local  residents.                                                               
Only recently, with  the resignation of a member who  was a local                                                               
resident  and  the  replacement  of  that  seat  by  a  non-local                                                               
resident,  has this  not been  the case.  In the  two years  that                                                               
Senator G.  Stevens served on  the board, no issues  were decided                                                               
by a close  vote. The board has usually agreed  on matters before                                                               
it. The purpose  of the designated seats is  to receive community                                                               
input  and  to   provide  feedback  to  the   community  on  AADC                                                               
activities and  to inform  the community of  when and  why access                                                               
closures are necessary.                                                                                                         
                                                                                                                                
9:17:20 AM                                                                                                                    
                                                                                                                                
Senator Olson asked why the bill  sponsor found serving as a non-                                                               
voting member frustrating.                                                                                                      
                                                                                                                                
9:17:32 AM                                                                                                                    
                                                                                                                                
Senator G. Stevens  explained that he held one  of two non-voting                                                               
seats designated for legislators.  His frustration was borne from                                                               
his interest  in having a  voice in decision making,  not because                                                               
of any controversy in board actions.                                                                                            
                                                                                                                                
9:18:11 AM                                                                                                                    
                                                                                                                                
Vice Chair  Bunde removed  his objection to  the adoption  of the                                                               
committee substitute and Version  "I" was ADOPTED without further                                                               
objection.                                                                                                                      
                                                                                                                                
Senator Dyson offered a motion  to report CS SB 207, 24-LS1208\I,                                                               
from Committee  with individual recommendations and  a new fiscal                                                               
note.                                                                                                                           
                                                                                                                                
9:18:39 AM                                                                                                                    
                                                                                                                                
There  was no  objection  and  CS SB  207  (FIN)  was MOVED  from                                                               
Committee  with  a  zero  fiscal  note  dated  2/28/06  from  the                                                               
Department of Commerce, Community and Economic Development.                                                                     
                                                                                                                                
9:18:50 AM                                                                                                                    
                                                                                                                                
     SENATE BILL NO. 253                                                                                                        
     "An Act extending the termination date for the Board of                                                                    
     Chiropractic Examiners; and providing for an effective                                                                     
     date."                                                                                                                     
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
TOM  MAHER, Staff  to Senator  Gene Therriault,  paraphrased from                                                               
the  sponsor   statement  [copy  on  file]   informing  that  the                                                               
Legislative Audit  Division conducted the scheduled  audit of the                                                               
Board of  Chiropractic Examiners incorporating revisions  made to                                                               
the  "sunset process"  during the  previous legislative  session.                                                               
These revisions  include changing  the lapse  date of  this board                                                               
from "not to  exceed four years" to "not to  exceed eight years".                                                               
In addition,  to better measure operational  performance, two new                                                               
criteria were  added to  statute that must  be considered  in the                                                               
course of  a sunset review by  the auditors: the extent  to which                                                               
the  board, commission,  or agency  has effectively  attained its                                                               
objectives and  the efficiency  with which  it has  operated; and                                                               
the extent  to which the  board, commission or  agency duplicates                                                               
the  activities of  another governmental  agency  or the  private                                                               
sector.                                                                                                                         
                                                                                                                                
Mr.  Maher  reported  that  the  Division  of  Legislative  Audit                                                               
concluded that  the Board of  Chiropractic Examiners  operates in                                                               
the  public's  best  interest and  should  continue  to  regulate                                                               
chiropractors.  The  Board  safeguards  the  public  interest  by                                                               
promoting the competence  and integrity of those  who practice in                                                               
this field and continues to  improve its effectiveness and ensure                                                               
chiropractors are licensed in the State of Alaska.                                                                              
                                                                                                                                
Mr. Maher  stated that  this legislation  would extend  the lapse                                                               
date of  the Board  eight years  from June 30,  2006 to  June 30,                                                               
2014.                                                                                                                           
                                                                                                                                
Mr. Maher noted  that the audit made no  other recommendations to                                                               
the legislature regarding this Board.                                                                                           
                                                                                                                                
Mr.  Maher  informed  that  the  fiscal  note  accompanying  this                                                               
legislation  reflects  projected  future  costs  of  the  Board's                                                               
operations. Governor Murkowski's proposed  FY 07 operating budget                                                               
contains funding for this Board's operations in FY 07.                                                                          
                                                                                                                                
9:21:14 AM                                                                                                                    
                                                                                                                                
Vice Chair Bunde pointed out  that the operations would be funded                                                               
with  Receipt Supported  Services. Like  many other  State boards                                                               
and commissions, this board is self-supporting.                                                                                 
                                                                                                                                
9:21:39 AM                                                                                                                    
                                                                                                                                
Senator  Stedman  offered  a  motion  to  report  the  bill  from                                                               
Committee  with   individual  recommendations   and  accompanying                                                               
fiscal note.                                                                                                                    
                                                                                                                                
Without objection  SB 253  was MOVED from  Committee with  a zero                                                               
fiscal note  #1 from  the Department  of Commerce,  Community and                                                               
Economic Development.                                                                                                           
                                                                                                                                
9:21:54 AM                                                                                                                    
                                                                                                                                
     SENATE BILL NO. 254                                                                                                        
     "An Act extending the termination date for the State                                                                       
     Physical Therapy and Occupational Therapy Board; and                                                                       
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
TOM MAHER,  Staff to Senator  Gene Therriault,  paraphrasing from                                                               
the sponsor statement [copy on  file], testified that a scheduled                                                               
audit conducted  by the Division  of Legislative  Audit concluded                                                               
that  the  Physical Therapy  and  Occupational  Therapy Board  is                                                               
operating in  the public's best  interest and should  continue to                                                               
regulate  the physical  and  occupational  therapists. The  Board                                                               
safeguards the  public interest by  promoting the  competence and                                                               
integrity of  those who practice  in this field and  continues to                                                               
improve its  effectiveness and ensure therapists  are licensed in                                                               
the State of Alaska.                                                                                                            
                                                                                                                                
Mr. Maher explained that this  legislation would extend the lapse                                                               
date of the Board  by eight years from June 30,  2006 to June 30,                                                               
2014.                                                                                                                           
                                                                                                                                
Mr.   Maher  reported   that  the   audit   contained  no   other                                                               
recommendations pertaining to this Board.                                                                                       
                                                                                                                                
Mr.  Maher  informed  that  the  fiscal  note  accompanying  this                                                               
legislation  reflects  projected  future  costs  of  the  Board's                                                               
operations. Governor Murkowski's proposed  FY 07 operating budget                                                               
contains funding for this Board's operations in FY 07.                                                                          
                                                                                                                                
9:23:05 AM                                                                                                                    
                                                                                                                                
SUNDI  HONDL,  President,  Alaska Physical  Therapy  Association,                                                               
testified  via  teleconference  from  Mat-Su in  support  of  the                                                               
continuation of the Board.                                                                                                      
                                                                                                                                
9:24:03 AM                                                                                                                    
                                                                                                                                
PATRICIA    MCADOO,    Physical    Therapist,    testified    via                                                               
teleconference  from  Anchorage  that she  supported  this  bill.                                                               
Because  physical  therapy education  could  not  be obtained  in                                                               
Alaska, a "strong"  Board is important. This Board is  one of the                                                               
most  respected and  hard  working  bodies of  this  type in  the                                                               
country. The Board process is  an investment in the protection of                                                               
Alaskans.                                                                                                                       
                                                                                                                                
9:25:15 AM                                                                                                                    
                                                                                                                                
Senator  Stedman  offered  a  motion  to  report  the  bill  from                                                               
Committee  with   individual  recommendations   and  accompanying                                                               
fiscal note.                                                                                                                    
                                                                                                                                
Vice Chair  Bunde noted that this  Board, like most of  the State                                                               
boards and commissions, is self-supporting.                                                                                     
                                                                                                                                
There was no  objection and SB 254 was MOVED  from Committee with                                                               
zero fiscal  note #1 from  the Department of  Commerce, Community                                                               
and Economic Development.                                                                                                       
                                                                                                                                
9:25:51 AM                                                                                                                    
                                                                                                                                
     CS FOR SENATE BILL NO. 255(L&C)                                                                                            
     "An  Act extending  the termination  date for  the Board  of                                                               
     Examiners in  Optometry; amending the  licensing endorsement                                                               
     and renewal  provisions for optometrists; and  providing for                                                               
     an effective date."                                                                                                        
                                                                                                                                
                                                                                                                                
This was the first hearing for this bill in the Senate Finance                                                                  
Committee.                                                                                                                      
                                                                                                                                
TOM MAHER, Staff to Senator Gene Therriault, read the sponsor                                                                   
statement into the record as follows.                                                                                           
                                                                                                                                
     This  legislation stems  from  recommendations contained  in                                                               
     the  Legislative  Audit   Report  entitled,  "Department  of                                                               
     Commerce,  Community  and  Economic  Development,  Board  of                                                               
     Examiners in  Optometry Sunset  Audit", dated  September 27,                                                               
     2005 [copy on file.]                                                                                                       
                                                                                                                                
     Legislative Audit  concluded that the Board  of Examiners in                                                               
     Optometry  (BEO) continues  to serve  a public  need and  is                                                               
     operating in  the public best  interest. The  regulation and                                                               
     licensing of qualified optometrists  is necessary to protect                                                               
     the public's  health, safety and  welfare. Further,  the BEO                                                               
     has  operated effectively,  adopted  regulatory changes  and                                                               
     supported  legislation that  improved its  oversight process                                                               
     and   promoted  more   effective   regulation  of   licensed                                                               
     optometrists. Accordingly,  SB 255  extends the  sunset date                                                               
     for the BEO to June 30, 2014 for an eight-year extension.                                                                  
                                                                                                                                
     Legislative  Audit  also  recommended that  the  Legislature                                                               
     amend the optometry statutes to  ensure they support current                                                               
     license    endorsement   for    the   diagnostic    use   of                                                               
     pharmaceutical   agents.   Currently,   statutory   language                                                               
     provides  for a  single endorsement  for both  prescribe and                                                               
     use. However, the BEO is  issuing two types of endorsements.                                                               
     The first  allows a practitioner  to both prescribe  and use                                                               
     pharmaceutical agents  and the  second type  of endorsements                                                               
     allows  a  practitioner "use"  only.  Current  law does  not                                                               
     authorize  the use  only endorsement.  SB 255  corrects this                                                               
     situation  by  adding  a  section  authorizing  a  use  only                                                               
     endorsement  and also  "grandfathers"  in the  practitioners                                                               
     that were given that endorsement over the years.                                                                           
                                                                                                                                
     Finally, the  Senate Labor  and Commerce  Committee approved                                                               
     an  amendment   offered  by  the  Department   of  Commerce,                                                               
     Community   and  Economic   Development  that   deleted  the                                                               
     statutory cite  requiring 24  hours of  continuing education                                                               
     instruction,  allowing   the  Board  to   establish  through                                                               
     regulation, the  number of  hours without  amending statute.                                                               
     This amendment was  requested by the BEO in  its response to                                                               
     the audit.                                                                                                                 
                                                                                                                                
Mr.  Maher stated  that the  operational expenses  of this  Board                                                               
would not change as a result of the changes made.                                                                               
                                                                                                                                
9:29:14 AM                                                                                                                    
                                                                                                                                
Senator  Olson  asked if  additional  witnesses  were present  to                                                               
testify to this bill.                                                                                                           
                                                                                                                                
9:29:24 AM                                                                                                                    
                                                                                                                                
Vice  Chair  Bunde answered  that  no  others  had signed  up  to                                                               
testify.                                                                                                                        
                                                                                                                                
9:29:27 AM                                                                                                                    
                                                                                                                                
Senator Olson asked about  the endorsements allowing optometrists                                                               
to use pharmaceuticals but not prescribe them.                                                                                  
                                                                                                                                
9:30:03 AM                                                                                                                    
                                                                                                                                
Mr.  Maher replied  that  this proposed  change  would correct  a                                                               
situation  already  occurring  in  which the  Board  issues  such                                                               
endorsements.                                                                                                                   
                                                                                                                                
9:30:15 AM                                                                                                                    
                                                                                                                                
PAT DAVIDSON,  Director, Division of Legislative  Audit, recalled                                                               
that  during the  early  1990s, statutes  were  changed to  allow                                                               
optometrists   to  use   and  prescribe   pharmaceutical  agents.                                                               
However, the  legal interpretation  of this  provision stipulated                                                               
that  the optometrist  must practice  both use  and prescription.                                                               
The   proposed   change   would  provide   an   endorsement   for                                                               
optometrists  intending  to  only  use  pharmaceuticals  and  not                                                               
prescribe them.                                                                                                                 
                                                                                                                                
9:31:26 AM                                                                                                                    
                                                                                                                                
Senator Olson  asked if  optometrists have  commented on  the use                                                               
and prescription of pharmaceuticals.                                                                                            
                                                                                                                                
9:31:41 AM                                                                                                                    
                                                                                                                                
Ms. Davidson  told of extensive  discussion on the  matter during                                                               
the 1990s  when the statute  was originally amended to  allow the                                                               
practice.  The issue  before the  Committee  in this  legislation                                                               
pertains to endorsement for use only.                                                                                           
                                                                                                                                
Ms. Davidson  explained that the  career span of  most practicing                                                               
optometrists is  approximately 30  years. Education  of optometry                                                               
has only included instruction on  the dispensing of prescriptions                                                               
for the  past ten  to 15  years. Some  practitioners do  not feel                                                               
adequately trained to prescribe medications.                                                                                    
                                                                                                                                
9:32:59 AM                                                                                                                    
                                                                                                                                
Senator  Olson asked  if the  endorsement is  limited to  topical                                                               
medication or includes systemic medications.                                                                                    
                                                                                                                                
9:33:24 AM                                                                                                                    
                                                                                                                                
Ms. Davidson had  not researched the matter for  this hearing, as                                                               
the provision is already law.                                                                                                   
                                                                                                                                
9:33:48 AM                                                                                                                    
                                                                                                                                
Senator Dyson  shared that  he had  learned that  the endorsement                                                               
only extends to topical pharmaceuticals.                                                                                        
                                                                                                                                
9:33:59 AM                                                                                                                    
                                                                                                                                
Senator Dyson asked the purpose  of the addition of the provision                                                               
pertaining to  postgraduate continuing education in  Section 4 of                                                               
the committee substitute.                                                                                                       
                                                                                                                                
9:34:37 AM                                                                                                                    
                                                                                                                                
Mr. Maher  responded that the  Senate Labor and  Commerce adopted                                                               
the change at the request of the Board.                                                                                         
                                                                                                                                
9:34:47 AM                                                                                                                    
                                                                                                                                
Ms.  Davidson  furthered that  the  intent  is to  eliminate  the                                                               
statutorily determined  number of  hours of  continuing education                                                               
required. This provision would direct  the Board to determine the                                                               
appropriate number of hours through the regulatory process.                                                                     
                                                                                                                                
9:35:33 AM                                                                                                                    
                                                                                                                                
RICK  URION, Director,  Division  of  Corporations, Business  and                                                               
Professional  Licensing, Department  of Commerce,  Community, and                                                               
Economic Development, requested additional  changes to be made to                                                               
the bill.  He did  not propose these  amendments when  the Senate                                                               
Labor and  Commerce Committee was  hearing the bill  because some                                                               
legislators  "came   to  the   erroneous  opinion"   that  sunset                                                               
legislation should only address the  extension of lapse dates and                                                               
should propose no  changes to the conditions of  the entity being                                                               
audited.   He disagreed  with this  position, asserting  that the                                                               
scheduled  lapse  extensions  were an  opportunity  to  implement                                                               
necessary changes.  Once the  term of an  entity was  extended no                                                               
further attention was paid to matters pertaining to that entity.                                                                
                                                                                                                                
AT EASE 9:37:18 AM                                                                                                            
                                                                                                                                
9:37:49 AM                                                                                                                    
                                                                                                                                
Amendment  #1: This  amendment  deletes  "president" and  inserts                                                               
"chair"  in  subsection  (c)(1) of  AS  08.72.060.  Miscellaneous                                                               
powers  and  duties  of  board.  The  amended  statute  reads  as                                                               
follows.                                                                                                                        
                                                                                                                                
          (c) The board shall                                                                                                   
               (1) elect a chair [PRESIDENT] and secretary from                                                               
     among its members…                                                                                                         
                                                                                                                                
This amendment  also inserts new  subparagraphs to  AS 08.72.140.                                                               
Qualifications for examination.,  which stipulates the conditions                                                               
an  applicant must  meet to  take the  examination. The  inserted                                                               
language reads as follows.                                                                                                      
                                                                                                                                
               (3) has not committed an act in any jurisdiction                                                               
     that would have  constituted a violation of  this chapter or                                                             
     regulation adopted  under this chapter  at the time  the act                                                             
     was committed; and                                                                                                       
               (4) has not been disciplined by an optometry                                                                   
     licensing entity in another jurisdiction and is not the                                                                  
     subject of  a pending  disciplinary proceeding  conducted by                                                             
     an  optometry  licensing  entity  in  another  jurisdiction;                                                             
     however, the board may consider  the disciplinary action and                                                             
     in its  discretion determine if  the person is  qualified to                                                             
     be admitted to the examination.                                                                                          
                                                                                                                                
This amendment  also inserts language  to subparagraph (8)  of AS                                                               
08.72.170.  Licensure  by   credentials.,  which  stipulates  the                                                               
conditions  an  applicant  must  meet to  receive  a  license  by                                                               
credentials. The amended language reads as follows.                                                                             
                                                                                                                                
               (8) has not been disciplined by an optometry                                                                     
     licensing  entity in  another jurisdiction  and  is not  the                                                               
     subject of  a pending  disciplinary proceeding  conducted by                                                               
     an  optometry  licensing  entity  in  another  jurisdiction;                                                             
     however, the board may consider  the disciplinary action and                                                             
     in its discretion  determine if the person  is qualified for                                                             
     licensure.                                                                                                               
                                                                                                                                
This  amendment also  deletes subparagraph  (6) of  AS 08.72.181.                                                               
Fees.,  pertaining to  the  fees the  Department  would set.  The                                                               
deleted language reads as follows.                                                                                              
                                                                                                                                
               [(6) BRANCH OFFICE LICENSE AND RENEWAL]                                                                          
                                                                                                                                
This  amendment  also  deletes  AS  08.72.274.  Exemption.,  from                                                               
statute. The deleted language reads as follows.                                                                                 
                                                                                                                                
          [AS 08.72.274. EXEMPTION. EXCEPT FOR AS 08.72.275,                                                                    
     THIS CHAPTER  AND REGULATIONS ADOPTED UNDER  THIS CHAPTER DO                                                               
     NOT  LIMIT THE  PRACTICE OF  AN OPTICIAN  LICENSED UNDER  AS                                                               
     08.71.]                                                                                                                    
                                                                                                                                
               New Text Underlined [DELETED TEXT BRACKETED]                                                                   
                                                                                                                                
Senator Dyson moved for adoption.                                                                                               
                                                                                                                                
Vice Chair Bunde objected for an explanation.                                                                                   
                                                                                                                                
Mr. Urion  stated that the  Board requested the  changes proposed                                                               
in this amendment during the  audit process. The proposed changes                                                               
were endorsed  by the  "audit process" but  were not  included in                                                               
the Division of Legislative Audit recommendations.                                                                              
                                                                                                                                
Mr. Urion  characterized the  changes as  housekeeping amendments                                                               
that  would allow  the board  to "better  license people  and get                                                               
people  to work"  and would  provide discretion  to the  board in                                                               
determining whether  to license  applicants by  their credentials                                                               
or by examination.                                                                                                              
                                                                                                                                
Mr.  Urion noted  the change  of  title of  the board  leadership                                                               
position  from "president"  to "chair"  would be  consistent with                                                               
other law  in which the  governor could  appoint a person  to the                                                               
seat.                                                                                                                           
                                                                                                                                
Mr.  Urion stated  that the  Division no  longer licenses  branch                                                               
offices and  therefore the setting of  a fee for this  service is                                                               
not applicable.                                                                                                                 
                                                                                                                                
9:39:29 AM                                                                                                                    
                                                                                                                                
Senator  Olson  asserted  that   the  proposed  statutory  change                                                               
pertaining  to board  discretion  regarding disciplinary  actions                                                               
taken in other  jurisdictions would be significant.  He asked the                                                               
historical  position of  the board  in dealing  with disciplinary                                                               
actions against an optometrist.                                                                                                 
                                                                                                                                
9:39:58 AM                                                                                                                    
                                                                                                                                
Mr. Urion  read a statement made  by the president of  the board,                                                               
"Currently there is  nothing in the practice  act authorizing the                                                               
board  to   deny  or   put  stipulations   on  new   licenses  by                                                               
examination." Mr.  Urion explained  that the board  currently has                                                               
no such  discretion, which the  adoption of this  amendment would                                                               
allow.                                                                                                                          
                                                                                                                                
9:40:25 AM                                                                                                                    
                                                                                                                                
Senator  Olson asked  the purpose  of the  board if  almost every                                                               
applicant would be guaranteed a license.                                                                                        
                                                                                                                                
9:40:41 AM                                                                                                                    
                                                                                                                                
Mr.  Urion corrected  that not  every applicant  would receive  a                                                               
license. The  proposal would provide  discretion to the  board to                                                               
make  determinations. The  disciplinary action  taken in  another                                                               
jurisdiction could  have been  for an  offense not  identified as                                                               
such  in  Alaska statute,  or  the  offence could  have  occurred                                                               
several years prior, or been a minor offense.                                                                                   
                                                                                                                                
9:41:01 AM                                                                                                                    
                                                                                                                                
Senator  Olson  asked  the  number  of  optometrists  disciplined                                                               
during Mr. Urion's tenure with the Division.                                                                                    
                                                                                                                                
9:41:18 AM                                                                                                                    
                                                                                                                                
Mr. Urion answered, "Not very many if any."                                                                                     
                                                                                                                                
9:41:23 AM                                                                                                                    
                                                                                                                                
Senator Dyson  appreciated the presentation of  the amendment. He                                                               
declared a  potential conflict of  interest in that  his personal                                                               
optician is  the current president  of the board,  is politically                                                               
active in local affairs and  Senator Dyson has contributed to his                                                               
campaigns.                                                                                                                      
                                                                                                                                
9:42:12 AM                                                                                                                    
                                                                                                                                
Senator Olson asked about the deletion of certain fees.                                                                         
                                                                                                                                
9:42:20 AM                                                                                                                    
                                                                                                                                
Mr. Urion reiterated that only  the fees pertaining to the branch                                                               
office would only be eliminated.                                                                                                
                                                                                                                                
9:42:54 AM                                                                                                                    
                                                                                                                                
Ms. Davidson had  reviewed the amendment and  noted that although                                                               
most of the  changes appear to be "housekeeping",  she was unsure                                                               
about  the consequences  of repealing  AS 08.72.274.  Exemption.,                                                               
from  statute. This  statute provides  exemptions "except  for AS                                                               
08.72.275". The referenced statute,  AS 08.72.275 applies to both                                                               
opticians  and  optometrists and  provides  an  exemption to  the                                                               
standard  specification   of  eyewear   that  a   licensee  could                                                               
dispense,  including  nonflammable  and  plastic  coated  lenses.                                                               
Eyewear that  did not  meet the  standard specification  could be                                                               
dispensed  at  the written  request  of  the patient  under  this                                                               
statute.  Ms.  Davidson  was  unsure whether  the  repeal  of  AS                                                               
08.72.274 would eliminate this  exemption for some practitioners.                                                               
She was unaware of current practice in this matter.                                                                             
                                                                                                                                
9:45:38 AM                                                                                                                    
                                                                                                                                
Vice Chair  Bunde stated that  additional time could be  spent to                                                               
address  these concerns  or  the amendment  could  be amended  to                                                               
remove the proposed repeal of AS 08.72.274.                                                                                     
                                                                                                                                
9:45:50 AM                                                                                                                    
                                                                                                                                
Mr. Urion preferred the latter.                                                                                                 
                                                                                                                                
9:46:04 AM                                                                                                                    
                                                                                                                                
Senator  Stedman  offered a  motion  to  amend the  amendment  to                                                               
delete the language that would repeal AS 08.72.274.                                                                             
                                                                                                                                
There was no objection and the amendment was AMENDED.                                                                           
                                                                                                                                
9:46:19 AM                                                                                                                    
                                                                                                                                
Without further objection Amendment #1 as amended was ADOPTED.                                                                  
                                                                                                                                
9:46:26 AM                                                                                                                    
                                                                                                                                
Senator  Dyson offered  to  sponsor an  amendment  to repeal  the                                                               
statute when  the full  Senate body considered  this bill  if the                                                               
determination was made  that the repeal would  have no unintended                                                               
consequences.                                                                                                                   
                                                                                                                                
9:47:20 AM                                                                                                                    
                                                                                                                                
Senator Stedman  offered a  motion to report  CS SB  255(L&C), as                                                               
amended,  from  Committee  with  individual  recommendations  and                                                               
accompanying fiscal note.                                                                                                       
                                                                                                                                
There  was no  objection  and  CS SB  255  (FIN)  was MOVED  from                                                               
Committee  with  zero  fiscal  note #1  from  the  Department  of                                                               
Commerce, Community and Economic Development.                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Vice-Chair Con Bunde adjourned the meeting at 9:47:47 AM                                                                      

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