Legislature(2015 - 2016)BUTROVICH 205
03/02/2015 01:00 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing Lieutenant Governor Successor | |
| SB49 | |
| SB5 | |
| SB41 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 5 | TELECONFERENCED | |
| += | SB 41 | TELECONFERENCED | |
| += | SB 49 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 41-PSYCHOLOGIST & ASSOC CRIM HISTORY CHECKS
2:05:50 PM
CHAIR MCGUIRE announced the consideration of SB 41. "An Act
relating to criminal history record checks for psychologists and
psychological associates; and providing for an effective date."
2:05:53 PM
SENATOR CATHY GIESSEL, Sponsor SB 41, stated that this
legislation is about public safety. The Board of Psychologist
and Psychological Associate Examiners ("Board") that regulates
this profession does not have the statutory authority to conduct
criminal background checks as a condition of licensure. This is
important because this group of professions provides mental
health care services to a vulnerable population. The bill also
allows the Board discretion to require a background check on
renewals; that will be defined in regulation.
2:08:58 PM
SENATOR MICCICHE asked why this wasn't allowed in statute in the
past.
SENATOR GIESSEL replied this has been discussed for a number of
years, but it was never brought before the legislature.
2:09:33 PM
ALAN LEVY, L.P.A., Chair, Board of Psychologist and
Psychological Associate Examiners ("Board"), addressed the
question about why the Board doesn't already have this
authority. He explained that psychology as a profession was
originally licensed in 1963 and background checks were typically
reserved for certain military and high government positions.
This created a status quo even though times changed and greater
scrutiny over the people who are providing services to
vulnerable populations is now standard best practice.
He explained that for the past eight years the Board has been
trying to get the authority to do background checks, but the
Department of Law (DOL) opined that it doesn't have the
authority to enact regulations to give itself this power. SB 41
would amend the statutes and grant the authority.
2:12:11 PM
CHAIR MCGUIRE asked if there have been incidents that gave rise
to the idea.
MR. LEVY replied not to his knowledge, but there have been
problems in some of the other 16 states that do not require
background checks for psychologists or psychological
practitioners. Unethical practitioners moved from jurisdiction
to jurisdiction and did significant harm due to the absence of
scrutiny. He opined that Alaska has been fortunate to have a
competent and healthy population of psychologists and
psychological associates, but it would be irresponsible to say
that nothing will ever happen.
CHAIR MCGUIRE noted the letter from Robert Lane, PhD., asking
the committee to explore the idea of barrier crimes. She asked
the board's intention in that regard.
MR. LEVY replied, assuming the bill passes, the intention is to
craft appropriate regulations and policies based on the best
science available. He is aware of reliable research that points
to risk factors in various crimes at various ages, but those
questions are for the regulatory phase. SB 41 applies to the
statutory phase.
2:15:56 PM
SENATOR WIELECHOWSKI related a story about a constituent who
didn't want to submit a fingerprint to take a CPA exam due to
privacy concerns. He asked how the fingerprint information would
be protected to ensure it remains secure.
MR. LEVY said his personal inclinations are in line with what
the Alaska Constitution values, but he has to balance that with
the duty to protect the public. He explained that as a practical
matter, criminal background information is covered under state
policy and federal law. It can only be used for the purpose for
which it was obtained, it cannot be shared or obtained through a
public information search. He suggested the Department of
Commerce, Community and Economic Development (DCCED) could
discuss exactly how the information is secured.
SENATOR WIELECHOWSKI asked if there are look-back limitations.
MR. LEVY said the general intent is to create this as a
gatekeeper for future applicants, not for current licensed
professionals. However, the Board wants the regulatory authority
to investigate current licensed professionals if there is
reasonable cause to do so. The Board also intends to require
background checks for licenses that have lapsed for a period of
time.
CHAIR MCGUIRE asked if there is a national registry for this
profession similar to CODIS that provides information sharing.
MR. LEVY advised that a project has been underway for several
years to create a centralized credentialing bank on a national
and limited international basis. Complaints would be stored and
it would create licensure portability.
2:22:55 PM
CHAIR MCGUIRE asked if the cost of licensing would increase.
MR. LEVY explained that the applicant pays the cost of the
background check which is set at about $50 by the Department of
Public Safety (DPS). He added that all licensed boards are self-
supporting and this Board is dropping its licensing fees as a
result of carrying a significant surplus for many years.
SENATOR WIELECHOWSKI asked if he disagrees that the language in
the bill states that a future Board could require a background
check on every renewal. He also asked how often these licenses
are renewed.
MR. LEVY explained that licenses are renewed every two years.
The question about requiring background checks on renewal is a
regulatory issue and he doesn't believe the statutory language
should tie the hands of a future Board.
2:26:47 PM
ROBERT LANE Ph.D., Federal Advocacy Coordinator, Alaska
Psychological Association (AK-PA), noted that he submitted
written comments. He stated that AK-PA plans to be a part of the
process of drafting regulations. He highlighted that during the
Labor and Commerce Committee hearing he heard Mr. Levy say the
bill is a revenue producer. That caused worry that a background
check may be part of relicensing despite the fact that there
hasn't been a problem. He reported that the association isn't
opposed to the bill, but wants assurance that fees aren't added
that prevent people from entering the profession.
2:29:29 PM
PAMELA VAN HOUTEN, representing herself, Petersburg, Alaska,
testified in support of SB 41. She described the bill as an
important public safety tool. People who seek the services of
these professionals tend to be in a vulnerable situation, and
this client/professional relationship is particularly ripe for
abuse. It's therefore of utmost importance to bring forward any
past violations that would not be appropriate to this type of
professional relationship, she stated.
MR. LEVY clarified that he does not view the bill as a revenue
enhancer. The idea of it being revenue positive is that it
essentially saves money to prevent somebody from preying on the
public and causing harm.
SENATOR WIELECHOWSKI reviewed the fiscal note from DCCED that
anticipates this will cost more than $20,000 per year and states
that psychologists will have to submit their fingerprints every
two years.
MR. LEVY explained that if a future board decides to do biannual
background checks, DCCED has to have calculated that
possibility.
2:34:33 PM
SARAH CHAMBERS, Operations Manager, Division of Corporations,
Business and Professional Licensing, Department of Commerce,
Community and Economic Development (DCCED), confirmed that the
intent behind the fiscal note is to ensure that the expenditure
authority is available if a future Board decides to do biannual
background checks. If the authority isn't needed, it can be
reduced in the management plan.
2:35:54 PM
CHAIR MCGUIRE announced she would hold SB 41 in committee for
further consideration.