Legislature(2021 - 2022)BARNES 124
02/09/2022 04:30 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB289 | |
| HB295 | |
| HB276 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 289 | TELECONFERENCED | |
| *+ | HB 295 | TELECONFERENCED | |
| + | HB 276 | TELECONFERENCED | |
| + | SJR 15 | TELECONFERENCED | |
HB 276-PSYCHOLOGISTS: LICENSING AND PRACTICE
5:29:04 PM
CO-CHAIR FIELDS announced that the final order of business would
be HOUSE BILL NO. 276, "An Act relating to licensing of
psychologists and psychological associates; and relating to the
practice of psychology."
CO-CHAIR FIELDS reminded members that HB 276 is the committee's
bill.
5:29:38 PM
MARVO REGUINDIN, Executive Director, Alaska Psychological
Association (APA), provided a PowerPoint presentation titled "HB
276 Model Licensing Act for Psychologists and Psychological
Associates." He spoke to the second slide, "Alaska
Psychological Association," which read as follows [original
punctuation provided with some formatting changes]:
â?¢ Represent the scientific and professional interests
of AK-PA membership to the American Psychological
Association (APA).
â?¢ [135] members in 2021, the membership consists of
o Licensed Psychologists and Psychological
Associates
o LMFT, LPC, LSW, LCSW, ANP, PMHNP
o University or college faculty or other non-
clinical professionals with a masters or
doctorate in psychology
o Grad Students
MR. REGUINDIN noted that psychologists have a doctoral degree
and psychological associates have a master's degree, and that
for both of those to hold their titles they must be licensed.
MR. REGUINDIN reviewed the third slide, "Alaska Psychological
Association," which read as follows [original punctuation
provided]:
Mission:
The purpose of Alaska Psychological Association is to
promote the advancement, communication, and
application of psychological science and knowledge to
improve the lives of all Alaskans.
MR. REGUINDIN discussed the fourth slide, "Model Licensing Act
History," which read as follows [original punctuation provided
with some formatting changes]:
â?¢ AK-PA learned of APA's Model Licensing Act (MLA) at
the 2017 American Psychological Association annual
Practice Leadership Conference
â?¢ The AK-PA conference delegation created a committee
to hold a series of work-sessions open to members
and the public to gauge interest and accept input
from a wide constituency.
â?¢ In 2018, work sessions examined and discussed the
current licensing classifications and licensing
requirements, then gained interest and support for
introducing an MLA for Alaska.
MR. REGUINDIN presented the fifth slide 5, "Current Licensing
for Psychologists and Psychological Associates," which read as
follows [original punctuation provided with some formatting
changes]:
â?¢ Currently, Alaska's Statutes and Regulations for
Psychologists and Psychological Associates provide
for obtaining a license or obtaining a temporary
license.
â?¢ 324 licensed Psychologists
â?¢ 36 Psychological Associates in the state
MR. REGUINDIN explained that HB 276 would introduce a middle
ground. He turned to the sixth slide, "HB 276 MLA Introduces a
Middle Ground," which read as follows [original punctuation
provided]:
1. Amend how student supervised hours are acquired
this is the core for developing the MLA
2. Introduction of a Part Time License for both
psychologists and psychological associates
3. Introduction of an Inactive License for both
psychologists and psychological associates
4. Better defines who the Practice of Psychology does
not apply to by including Contractors for a Tribal
Health Organization licensed in another state.
MR. REGUINDIN noted that Alaska has two universities with
doctoral degrees in psychology, so this became a very important
point of creating this Model Licensing Act.
MR. REGUINDIN displayed the seventh slide, "Amend how Graduate
Student Supervised Hours are Acquired," which read as follows
[original punctuation provided with some formatting changes]:
â?¢ Follows the national trend to allow 3000 hours to be
completed before graduation through practicum,
internship, or postdoctoral experience
â?¢ Does not alter the quality or quantity of training
â?¢ 17 states allow the re-sequencing of training hours
â?¢ Follows the model used by medical schools
â?¢ Allows students to get licensed and enter the
workforce sooner to benefit Alaskans
MR. REGUINDIN addressed the eighth slide, "Introduce a Part Time
License," which read as follows [original punctuation provided
with some formatting changes]:
â?¢ This new classification would allow senior career
licensed psychologists and senior career licensed
psychological associates approaching retirement to
continue their practice with limited hours and
continue to use their respective titles as licensed
providers in writing papers, research, presenting
continuing education
â?¢ Must be licensed for at least 20 years
â?¢ Engaged in the practice for not more than 20 hours a
week.
CO-CHAIR FIELDS inquired about the logic and benefit in having a
part-time license in addition to a regular license.
MR. REGUINDIN deferred to Dr. Lane to answer the question.
5:35:51 PM
ROBERT LANE, PhD, Director, Counseling Psychology, Alaska
Pacific University, explained that the intent with this is that
the psychology license statutes in Alaska are both title and
practice. During work group meeting, members talked about what
they would like to see happening with [Alaska] statutes and
licensing laws. A group of senior psychologists were interested
in trying to hang on to their ability to use the title without
having to pay the full fee of the license for exiting out of
work. For example, a colleague of his was no longer in private
practice, but had treated sex offenders for years in Alaska's
criminal justice system. This colleague wrote a book and would
like to be able to share research findings with psychologists in
Alaska, but he cannot do that unless he is licensed because he
would be holding himself out as a psychologist. So, it is a way
of allowing people who are no longer trying to be in private
practice to still be able to be psychologists in the community
and share their work with others. Another example is himself,
Dr. Lane continued. When he retires in about another year, he
will have put in a career of being a psychologist, but if he
doesn't maintain a license, he cannot refer to himself as a
psychologist. So, there is some discipline and professional-
like identity that goes with it. The license fee in Alaska has
been as high as $1,400-$1,500 but has come back down somewhat.
The idea with this is to give some sort of reduced licensing fee
and allow people to hang on to their title and have a very
limited scope of practice.
5:38:14 PM
CO-CHAIR FIELDS observed that [page 3 of the bill, lines 13-14]
state that the "board may issue a part-time psychologist
license". He surmised that the board could therefore choose not
to issue a part-time license, but no parameters are provided
about the extent to which the fees might be reduced. He asked
whether the fees would be left to the board and the department.
DR. LANE replied as follows:
We were aware that much of what happens in the actual
practice of things happens in the development of
regulation and we didn't want to get down into the
weeds in an area where we didn't really know without
the licensing board being involved, and the division
being more involved in the development of regulations.
So our thinking was if we could propose the statutes
then regulations would be developed and then
appropriate license holders would have a chance to
opine on the regulations."
CO-CHAIR FIELDS requested the opinion of Ms. Chambers about this
[proposed] new part-time license.
5:39:25 PM
SARA CHAMBERS, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community, and
Economic Development (DCCED), responded that she understands the
intent behind the license, but she has not had much opportunity
to speak with the board or the association about this. She
stated that there is no guarantee there will be a lower license
fee - it is the same amount of regulatory work to approve the
credentials and background for someone. The current license fee
for a renewing psychologist would be $500, she continued.
Asking for a reduced fee for essentially the same amount of
regulatory work would really be asking the board to endorse on
the record a scheme in which the full-time licensees are
subsidizing the regulatory cost of the part-time or inactive
licensees, assuming that that workload is the same. It takes
the same overhead, lights, heat, and staff time to evaluate
credentials, work through paperwork, and there is also
investigation cost.
CO-CHAIR FIELDS asked Ms. Chambers whether she objects to being
given the authority as long as it is "may" or whether it is
better to just not be given that authority.
MS. CHAMBERS answered that this is not a novel or unusual
concept as many of the division's licensing programs give the
board the authority to evaluate credentials and determine if
someone is qualified and then to have the intent to meet this
niche market. The division would not want to stand in the way,
but those conversations haven't happened regarding the cost or
the application workload and what the credentials might look
like. The division doesn't have any objection to it, she
continued, but there are details that need to be worked out and
she cannot guarantee that there would be a lower fee for this
type of license.
5:41:53 PM
REPRESENTATIVE MCCARTY said he would like to define similar in
relation to Ms. Chambers' statement that there are other boards
which have something similar. He asked whether other boards
have a part-time license position.
MS. CHAMBERS replied that many boards have inactive licenses or
"sort of a license light," so to speak. She said she would get
back to the committee on whether a true part-time license exists
with other programs.
REPRESENTATIVE MCCARTY stated that a part-time license position
would suggest that a licensee is working part time, say 20
hours. He surmised that a lot more would be put on the division
in having to verify that a person is not working more than 20
hours given that a lower cost could result in someone saying
they are part-time and then working under the table. The
division, he continued, would put more energy on a part-time
person for the privilege of the title, a privilege that exists
for full time for $500 every two years.
MS. CHAMBERS responded that this is an important nuance. She
suggested that the inactive license might be the same thing to
allow someone to continue to use their title without seeing
patients. There is a potential for risk, she continued, so the
division would likely have someone attest under penalty of law
that they have only worked those 20 hours a week and that they
have met the legal requirements. The division would then be
beholden to investigate if a complaint were turned in that
someone was trying to defraud the state by working more than 20
hours a week on a part-time license. There would be no real way
that the division would ask for that verification, such as
records, but the division would request attestation under
penalty of perjury and investigate if a complaint was received.
REPRESENTATIVE MCCARTY reiterated that it seems the division
would put in a lot more energy to investigate this rather than
just making it a clean piece. He inquired whether someone
filing for an inactive license could carry the title of
psychologist given that they would not be a practicing licensee.
MS. CHAMBERS answered that usually an inactive license is
adopted by the legislature or the board to allow someone to be
able to continue to call themselves a doctor or to hold that
credential but without being able to practice that profession.
For example, someone writing a book could call themselves "Dr.
Kenneth McCarty" but could not see patients under that inactive
license. Nurses, architects, engineers, and land surveyors have
this - people who want to maintain the prestige and recognition
of their hard work without actually practicing in the field.
5:46:34 PM
MR. REGUINDIN, at the request of Co-Chair Fields, reviewed the
nineth slide, "Introduce an Inactive License," which read as
follows [original punctuation provided with some formatting
changes]:
â?¢ The APA Model Licensing Act notes an Inactive
License for "psychologists who suffering from health
problems, are on military assignment outside the
state, on sabbatical, retired, or who move to
another state may wish to be on inactive status."
â?¢ Relieving the psychologist from paying full
licensing fees while in 'inactive' status allows
them to remain in good standing without being an
active practitioner.
5:47:14 PM
REPRESENTATIVE MCCARTY surmised that this language defines that
inactive is not just checking a box of inactive but that the
person must have a reason which fits under the criteria outlined
in the language. Therefore, someone cannot just check the box
of inactive just to retain the title of psychologist.
DR. LANE offered his assumption that this would be worked out in
regulation, and he can envision having a comprehensive list.
However, he would be concerned about a comprehensive list that
wasn't actually comprehensive, but he is assuming from the point
of view of HB 276 that those details would be worked out in
regulation.
CO-CHAIR FIELDS asked whether this is all about paying $500,
which he said seems like a low cost for someone with a doctoral
level of education.
DR. LANE responded that the inactive license is something lots
of states have and the idea is to give Alaskan psychologists the
same kinds of things that other states have. He said he hadn't
put as much thought into the actual fees because that is
something in which the board would need to have an active part.
CO-CHAIR FIELDS asked Ms. Chambers whether an inactive license
would be a workable model.
MS. CHAMBERS replied yes, several programs have an inactive
license where people want to say they are a nurse or an
engineer, but not practice. She advised that when getting to
regulations with the board a reason would not be required
because there is not really a purpose behind requiring a reason.
If someone was not going to practice, they would file the
paperwork, the online verification with the state. With an
inactive license they are not allowed to practice. The bill
allows for a method to reverse that if they want to change back.
The bottom line is that they would not be allowed to practice.
REPRESENTATIVE MCCARTY agreed that that is a good point. He
asked whether he is correct in understanding that if someone is
inactive, they can state that they have been involved in, say,
engineering, but cannot say that they are a licensed engineer.
MS. CHAMBERS answered that that is not her understanding. She
said her understanding is that they can still say they are an
engineer, or still say that they are a psychologist; they just
can't say that they are licensed to practice engineering or
psychology. So, they get the benefit of the title, but they
can't hold themselves out as taking engineering jobs or seeing
patients and it really is for folks who are at the endpoint of
their career.
5:51:40 PM
MR. REGUINDIN concluded his presentation with the tenth slide,
"Practice of Psychology does not apply to," which read as
follows [original punctuation provided]:
An officer, employee, or contractorof the United
States Government or a tribal organization who is
licensed to practice psychology in another state and
is practicing psychology while in the discharge of the
officer's, employee's, or contractor's official
duties.
MR. REGUINDIN noted that this provision adds the term contractor
and defines a tribal organization in relation to what the
practice of psychology does not apply to.
5:52:33 PM
CO-CHAIR FIELDS surmised that these people would not be paying
fees. He asked how many psychologists work for a tribal
organization and would now not be paying fees.
MS. CHAMBERS replied that she thinks this legislation just
clarifies what is already in federal law that not all, but most
types, of contractors who hold a license in another state for
working through the Indian Health Service through a personal
service contract are considered exempt. This just adds some
beneficial clarity.
DR. LANE, in response to Co-Chair Fields, concurred with Ms.
Chambers.
[HB 276 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 295 ver. A 2.9.22.PDF |
HHSS 3/31/2022 3:00:00 PM HL&C 2/9/2022 4:30:00 PM |
HB 295 |
| HB 295 Sponsor Statement 2.9.22.pdf |
HHSS 3/31/2022 3:00:00 PM HL&C 2/9/2022 4:30:00 PM |
HB 295 |
| HB 295 Sectional Analysis 2.9.22.pdf |
HHSS 3/31/2022 3:00:00 PM HL&C 2/9/2022 4:30:00 PM |
HB 295 |
| HB 295 Letter of Support - DEN 2.1.22.pdf |
HHSS 3/31/2022 3:00:00 PM HL&C 2/9/2022 4:30:00 PM |
HB 295 |
| HB 295 Letter of Support - ADS 2.9.22.pdf |
HHSS 3/31/2022 3:00:00 PM HL&C 2/9/2022 4:30:00 PM |
HB 295 |
| HB 295 Fiscal Note DCCED-CBPL 2.4.22.pdf |
HHSS 3/31/2022 3:00:00 PM HL&C 2/9/2022 4:30:00 PM |
HB 295 |
| HB 295 Fiscal Note DOH-LABS 2.4.22.pdf |
HHSS 3/31/2022 3:00:00 PM HL&C 2/9/2022 4:30:00 PM |
HB 295 |
| HB 295 Fiscal Note DOH-MAA 2.4.22.pdf |
HHSS 3/31/2022 3:00:00 PM HL&C 2/9/2022 4:30:00 PM |
HB 295 |
| HB 289 ver. B 2.9.22.PDF |
HL&C 2/9/2022 4:30:00 PM |
HB 289 |
| HB 289 Sectional Analysis 1.31.2022.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 289 |
| HB 289 Sponsor Statement 1.31.2022.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 289 |
| HB 289 Letter of Support - AMIA 1.31.2022.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 289 |
| HB 289 Letter of Support - AMIA 1.31.22.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 289 |
| HB 289 Research - ADN Article on Alaska Marijuana Industry 11.07.2021.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 289 |
| HB 289 Research - ADN Article on Alaska Marijuana Industry 11.30.2021.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 289 |
| HB 289 Fiscal Note DCCED-AMCO 2.4.22.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 289 |
| HB 276 ver. A 2.7.22.PDF |
HL&C 2/9/2022 4:30:00 PM |
HB 276 |
| HB 276 Sponsor Statement 2.7.22.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 276 |
| HB 276 Sectional Analysis 2.7.22.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 276 |
| HB 276 Fiscal Note DCCED-CBPL 2.4.22.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 276 |
| HB 276 MLA Overview Presentation 2.7.22.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 276 |
| HB 289 Letter of Support - AMIA 1.31.22.pdf |
HL&C 2/9/2022 4:30:00 PM |
HB 289 |