02/11/2014 01:30 PM House FINANCE

HOUSE BILL NO. 241                                                                                                            
                                                                                                                                
     "An Act extending the termination date of the Board of                                                                     
     Marital and Family Therapy; and providing for an                                                                           
     effective date."                                                                                                           
                                                                                                                                
2:33:17 PM                                                                                                                    
                                                                                                                                
CRYSTAL  KOENEMAN,   STAFF,  REPRESENTATIVE   LORA  REINBOLD                                                                    
detailed that HB  241 would extend the Board  of Marital and                                                                    
Family Therapy  for four years  to June 30, 2018.  There had                                                                    
been three recommendations from  the Division of Legislative                                                                    
Audit regarding  the board. The division  believed the board                                                                    
was licensing  and regulating the  community of  marital and                                                                    
family therapists.                                                                                                              
                                                                                                                                
KRIS CURTIS, AUDITOR, DIVISION  OF LEGISLATIVE AUDIT relayed                                                                    
that the  division had  conducted an audit  of the  board to                                                                    
determine  whether  the  board   was  serving  the  public's                                                                    
interest  and   whether  the  termination  date   should  be                                                                    
extended.  The division  had determined  that the  board was                                                                    
serving the  public's interest by effectively  licensing and                                                                    
regulating  marital  and  family  therapists.  The  division                                                                    
recommended  a four-year  extension  from June  30, 2014  to                                                                    
June 30,  2018. The reduced  extension was primarily  due to                                                                    
the board not fully  addressing a prior audit recommendation                                                                    
regarding  adopting  regulations  that  benefit  the  public                                                                    
interest  specifically  related   to  distance  therapy  and                                                                    
supervision.                                                                                                                    
                                                                                                                                
Ms. Curtis  discussed that marital and  family services were                                                                    
not widely available to many  areas of the state; therefore,                                                                    
distance therapy  and supervision was  regarded as a  way to                                                                    
help address  the need.  During the  audit period  the board                                                                    
had   extensively  researched   and  discussed   the  topic;                                                                    
however, it had  made little progress in  moving forward out                                                                    
of  the discussion  phase. The  audit  recommended that  the                                                                    
board develop  a strategy to  address the need  for distance                                                                    
services.                                                                                                                       
                                                                                                                                
Ms.  Curtis communicated  that the  audit also  included two                                                                    
additional  recommendations.  The first  recommendation  was                                                                    
directed  to  the  Division of  Corporations,  Business  and                                                                    
Professional Licensing and  addressed improvements needed in                                                                    
the  division's   case  management  system.   Secondly,  the                                                                    
division  recommended that  the Office  of the  Governor and                                                                    
the  board work  together to  fill vacant  board seats  in a                                                                    
timely manner.                                                                                                                  
                                                                                                                                
2:35:16 PM                                                                                                                    
                                                                                                                                
Representative Wilson  asked why  the board  was responsible                                                                    
for providing the distance counseling.                                                                                          
                                                                                                                                
Ms. Curtis  replied that the  finding pertained  to criteria                                                                    
used to evaluate whether the  board was serving the public's                                                                    
interest.  She explained  that marital  and family  services                                                                    
were not  widely available in  many of the  non-urban areas;                                                                    
however, the need  existed. The issue came to  light when in                                                                    
a  review of  board minutes  the division  had observed  the                                                                    
significant  amount  of time  the  board  had spent  on  the                                                                    
issue.  The division  had made  the  observation during  the                                                                    
prior sunset review;  however, the board had  been unable to                                                                    
move beyond the discussion phase.                                                                                               
                                                                                                                                
Co-Chair  Stoltze   asked  about  the  role   of  a  marital                                                                    
therapist.                                                                                                                      
                                                                                                                                
2:36:35 PM                                                                                                                    
                                                                                                                                
Ms.  Koeneman referred  to AS  08.63.900, which  defined the                                                                    
practice  of marital  and family  therapy as  "the diagnosis                                                                    
and  treatment of  mental and  emotional disorders  that are                                                                    
referenced  in  the  standard  diagnostic  nomenclature  for                                                                    
marital  and family  therapy  whether cognitive,  effective,                                                                    
behavioral,  or within  the context  of human  relationships                                                                    
particularly marital and family  systems." She remarked that                                                                    
marital  and family  therapy was  for treating,  coping, and                                                                    
helping  couples. She  relayed  that the  board was  working                                                                    
with DOL and  the Division of Legislative  Audit on drafting                                                                    
regulations  to  address  the  need  for  distance  therapy;                                                                    
however,  it  was determined  that  a  statutory change  was                                                                    
necessary  in  order to  make  the  changes. The  board  was                                                                    
working on language, which would  continue over the upcoming                                                                    
interim.                                                                                                                        
                                                                                                                                
Representative  Wilson  remarked  that people  choose  where                                                                    
they  live and  know what  services are  available in  their                                                                    
communities. She believed saying  that a certain service was                                                                    
not provided throughout the state  was overstepping what was                                                                    
known  about an  area. She  remarked that  the areas  may be                                                                    
serviced by another  option. She opined that  if a community                                                                    
could afford to support the  business it would be available.                                                                    
She believed  the public need  could be there even  if every                                                                    
area of the  state did not have access. She  would follow up                                                                    
to increase her understanding of the issue.                                                                                     
                                                                                                                                
Representative  Guttenberg wondered  whether four  years was                                                                    
too  long  to  wait  before a  recommendation  was  made  on                                                                    
distance services.  Ms. Curtis  answered that  the four-year                                                                    
time frame  had been settled  upon because it put  the board                                                                    
on  the same  sunset  schedule  as professional  counselors,                                                                    
psychologists,  and social  work  examiners; therefore,  the                                                                    
division would have  the ability to review  the issue across                                                                    
similar boards.                                                                                                                 
                                                                                                                                
Representative Gara wondered why  boards were being punished                                                                    
for not having a statute  that the legislature would need to                                                                    
pass. He  believed it was odd.  He stated the fact  that the                                                                    
legislature had not passed a  statute was beyond the control                                                                    
of  the   therapists.  He   believed  a   full  [eight-year]                                                                    
extension was in order.                                                                                                         
                                                                                                                                
2:40:24 PM                                                                                                                    
                                                                                                                                
Ms.  Curtis paused  at the  term punished.  She communicated                                                                    
that  the  recommendation  was  directed  at  improving  the                                                                    
board's  operations. She  detailed that  individuals working                                                                    
to  become  therapists were  required  a  certain amount  of                                                                    
supervision; they were currently  unable to work towards the                                                                    
supervised  time  requirement  through teletherapy  or  long                                                                    
distance.   Making  changes   to  distance   services  would                                                                    
increase  the  number  of licensees,  which  would  in  turn                                                                    
address  the   distance  therapy   needs.  In   general  the                                                                    
recommendation  would  enable  the division  to  review  the                                                                    
board's   progress.  She   referred  to   members'  comments                                                                    
questioning whether  or not distance therapy  or supervision                                                                    
qualified as a public need.                                                                                                     
                                                                                                                                
Representative  Gara agreed  that the  services were  a good                                                                    
idea. He  asked whether a  statute change would  be required                                                                    
to  make  changes  related  to  the  distance  services.  He                                                                    
contended  that  if a  statutory  change  was required,  the                                                                    
board's extension was  being cut in half  because of statute                                                                    
the legislature  had not passed.  He believed the  issue was                                                                    
incongruous.                                                                                                                    
                                                                                                                                
Ms. Curtis answered that the  recommendation was for a four-                                                                    
year  period because  the  board  did not  move  out of  the                                                                    
discussion phase related to  distance services. The movement                                                                    
to adopt  regulation was new  in response to  the division's                                                                    
audit.                                                                                                                          
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
HB  241  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.