Legislature(2017 - 2018)SENATE FINANCE 532
04/13/2018 01:30 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB323 | |
| HB318 | |
| HB110 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 110 | TELECONFERENCED | |
| += | HB 318 | TELECONFERENCED | |
| += | HB 323 | TELECONFERENCED | |
CS FOR HOUSE BILL NO. 318(FIN)
"An Act extending the termination date of the Board of
Social Work Examiners; relating to the composition of
the Board of Social Work Examiners; and providing for
an effective date."
4:52:52 PM
Co-Chair MacKinnon read the title of the bill. She noted
that the sponsor, Representative Ivy Spohnholz, was on the
House floor.
TED MADSEN, STAFF, REPRESENTATIVE IVY SPOHNHOLZ, discussed
the bill. He noted that the bill was an eight-year sunset
extension for the Board of Social Work Examiners. He noted
that Section 2 of the bill contained a "tweak" to the
board's composition. The subject was discussed on page 10
of the report by the Division of Legislative Audit. Under
current law, the board could not be entirely composed of
government agency employees, or non-profit social workers.
He explained that the requirement had made it onerous to
fill the seats of the board. The proposed change would
allow for the four licensed social workers on the board to
be non-profit employees. He noted that it was difficult to
find a for-profit social worker to fill the position on the
board. The agency responses indicated that the change had
been supported.
4:55:03 PM
Ms. Curtis discussed the document "A Sunset Review of the
Department of Commerce, Community and Economic Development,
Board of Social Work Examiners (board)," (copy on file).
She read from the report conclusions on the first page:
The audit concluded that the board operated in the
public's interest by effectively licensing and
regulating social workers. Board meetings were
conducted in compliance with law, investigations were
generally processed timely, and the board issued or
changed regulations to improve the profession.
Ms. Curtis informed that the division was recommending an
eight-year extension of the board. She directed attention
to page 6, which showed a schedule of licensing activity.
As of March 2017, there were 783 total active licenses,
which was a 41 percent increase when compared to the 2009
sunset audit. Page 7 of the report was a schedule of
revenues and expenditures. At the end of FY 17 there was a
surplus of $95,000. The fees were listed on page 8 of the
audit.
Ms. Curtis directed attention to page 9, where the report
began listing two recommendations for improvements:
Recommendation No. 1:
DCBPL's director should improve procedures to ensure
board-required documentation is obtained prior to
licensure.
Ms. Curtis detailed that of the 25 licenses tested, there
was one error. The board had appropriately approved the
license, but it was conditional upon receiving key
documentation. Subsequently DCBPL staff had issued the
license without obtaining the documentation.
Ms. Curtis continued discussing the recommendations:
Recommendation No. 2:
The Office of the Governor, Boards and Commissions
director should work with the board to identify
potential applicants for the board's vacant clinical
social worker position.
Ms. Curtis detailed that the position became vacant in
March 2017, and was still vacant in October of the same
year. She referenced earlier testimony regarding the
statutory requirements for board members and the difficulty
in finding applicants.
Ms. Curtis noted that the response to the audit began on
page 19. The Office of the Governor responded to
recommendation 2 and agreed that the stringent requirements
should be changed and encouraged the board to seek a
legislative fix. The response from DCCED was on page 21,
and agreed with both recommendations. With regard to the
recommendation for improving licensure documentation, the
department agreed that additional checks and balances were
needed to ensure the administrative record was complete.
The department also stated it needed additional supervisory
resources to ensure the standards were met.
Ms. Curtis continued discussing the audit and noted that
the board's response was on page 23 of the audit. The board
agreed with both recommendations.
4:57:58 PM
Co-Chair MacKinnon asked if Ms. Curtis had done historical
research in order to determine why the legislature had
adopted such stringent guidelines.
Ms. Curtis answered in the negative.
Mr. Madsen indicated he had contacted Legislative Research
Services regarding the original enactment of the board. The
board member guidelines had been a part of the original
legislation crafted to create the board in 1988. The intent
was to find a private, for-profit social worker to serve on
the board; however, the vast majority of individuals
working in social work were not working for a for-profit
entity.
4:59:25 PM
AT EASE
5:00:22 PM
RECONVENED
Mr. Madsen read an excerpt of an email from Legislative
Research Services (copy not on file):
We reviewed the bill files and House committee minutes
for HB 526, and note that a major concern in 1988 was
the issue of social workers in private practice and a
lack of regulation or any means to discipline those
individuals when or if a client complained of
unprofessional behavior.
During the committee process, the bill was amended to
include regulation of a clinical social worker in
private practice and language was added to ensure that
at least one licensed member of the board was in
private practice.
DANIELLE LAFON, CHAIR, BOARD OF SOCIAL WORKER EXAMINERS,
FAIRBANKS (via teleconference), spoke in support of HB 318.
She stated that the board supported HB 318, and thought the
board was necessary to continue providing public protection
by overseeing social work licensure in Alaska.
5:01:45 PM
Senator Stevens asked if there were social workers that
were not government employees.
Ms. Lafon stated that there were social workers in the
state that were not governmental employees, however it was
hard to quantify the number as the board did not track
employment location.
Senator Stevens asked if Ms. Lafon could estimate a number
of non-governmental employee social workers in the state.
Ms. Lafon answered in the negative.
Senator Stevens asked is Ms. Lafon saw an advantage in
having a non-governmental social worker on the board.
Ms. Lafon was not sure why the regulation was written as
such. She noted that the board had a vacancy for a year due
to the challenging regulation and lack of applicants. The
board had discussed the matter extensively and did not see
a conflict with changing the requirement as proposed.
5:03:14 PM
Co-Chair MacKinnon referenced a recommendation that
additional supervision was needed. She asked if the board
had made the request of the administration.
Ms. Lafon was not sure what Co-Chair MacKinnon referenced.
Ms. Curtis clarified that the agency's response to the
audit was to state that it was important to ensure checks
and balances were in place in order to ensure its
administrative record was complete. The department believed
additional supervisory resources were needed to ensure
departmental standards were met.
Co-Chair MacKinnon asked if the administration had come to
the board to ask for additional receipt authority or
support for using board funds from licenses.
Ms. Lafon discussed the audit findings. She stated that the
board sent its division employees to training sessions
through the Association of Social Work Boards. The board
members also received training. The board had received
notification from the division that it was educating its
staff to license social workers appropriately.
5:05:50 PM
Co-Chair MacKinnon asked if the administration had
requested additional DGF to support from the board for
additional supervision of the board's licensees.
Ms. Lafon answered in the negative.
Co-Chair MacKinnon stated that the committee would direct
the department to have communication with the board on the
matter.
Ms. Curtis stated that the comment from the department
could be seen in multiple sunset audits. Legislative Audit
had found multiple instances (for multiple boards) in which
DCPBL staff did not follow up to obtain documentation or
other details. There was standard language inserted
regarding the need for additional resources.
Co-Chair MacKinnon asked if the department was making such
statements when there was excess DGF available from the
board. She wondered if the problem was a training issue or
a personnel issue.
Ms. Curtis stated that the department had made the
statement multiple times, and she thought all the boards in
question were in a state of surplus.
5:07:43 PM
Co-Chair MacKinnon referenced a repeated theme in the
audits related to a recommendation for additional staff.
She wondered if there was a connection between surplus
revenue and the request.
Ms. McCullough stated that the division had identified the
need to have more occupational licensers to be able to
issue more licenses.
5:09:15 PM
AT EASE
5:09:28 PM
RECONVENED
Ms. McCullough stated that the division had determined
(through audit findings) that occupational licensing
examiners needed more oversight on the quality of work. She
detailed that supervisors typically had 7 to 8 employees
under direct supervision, which could include 6 or 7 boards
under a supervisor's purview. The division was finding that
more training, oversight and mentoring would solve the
resource problem.
Ms. McCullough continued that the division would need
spending authority to provide more of the resources needed.
Co-Chair MacKinnon asked if the division would ask all
boards for additional funds for extra supervisory capacity.
Ms. McCullough stated that the division would spread out
the work of an additional supervisor, and all programs
would benefit from additional supervision over daily
occupational licensing work.
Co-Chair MacKinnon asked how the funds would be collected,
and if it would adequately be shared with all licensures,
or only with those boards that had a surplus.
Ms. McCullough reiterated that all programs would benefit
from additional staff.
Co-Chair MacKinnon asked if all programs would pay for
additional staff.
Ms. McCullough answered in the affirmative and clarified
that additional supervisory staff would be supported by all
licensing fees.
5:12:56 PM
Vice-Chair Bishop commented that he hoped that the DCCED
commissioner was listening, so he could assist with the
issues being discussed.
Co-Chair MacKinnon noted that the commissioner had been
present earlier in the meeting.
5:13:35 PM
Vice-Chair Bishop discussed a new fiscal impact note from
the Department of Commerce, Community and Economic
Development, OMB Component 2360. He detailed that the cost
would be $21,400 annually. He read from the Analysis on
page 2 of the fiscal note:
If the bill passes the following expenses will be
incurred:
Travel: $19.9(board members to attend four board
meetings per year)
Services: $0.4 (advertising of public notice of board
meetings) $1.0 (training and conference fees) $0.1
(stipends for board members attending board meeting in
community of residence
Professional licensing programs within the Division of
Corporations, Business and Professional Licensing are
funded by Receipt Supported Services, fund source 1156
Rcpt Svcs (DGF). Licensing fees for each occupation
are set per AS 08.01.065 so the total amount of
revenue collected approximately equals the
occupation's actual regulatory costs.
Co-Chair MacKinnon noted that from FY 16 to FY 17, the
board's total revenue $333,783; and had expenditures
totaling $215,924. The information had been provided by
LFD. The carry-forward in the FY 12 to FY 13 time period
was $36,860. From FY 14 to FY 15 there had been a deficit
carry-forward of $21,989. The surplus carry-forward from FY
16 to FY 17 was $95,870.
5:15:16 PM
Co-Chair MacKinnon OPENED public testimony.
Co-Chair MacKinnon CLOSED public testimony.
Vice-Chair Bishop MOVED to report CSHB 318(FIN) out of
Committee with individual recommendations and the
accompanying fiscal note.
CSHB 318(FIN) was REPORTED out of committee with a "do
pass" recommendation and with one new fiscal impact note
from Department of Commerce, Community and Economic
Development.
5:16:23 PM
AT EASE
5:19:01 PM
RECONVENED
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 110 Massage Therapy Testimony.docx |
SFIN 4/13/2018 1:30:00 PM |
HB 110 |