Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/17/2015 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Overview: Alaska Maritime Workforce Development Plan | |
| SB41 | |
| SB33 | |
| SB34 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 41 | TELECONFERENCED | |
| *+ | SB 33 | TELECONFERENCED | |
| *+ | SB 34 | TELECONFERENCED | |
SB 41-PSYCHOLOGIST & ASSOC CRIM HISTORY CHECKS
1:53:31 PM
CHAIR COSTELLO reconvened the meeting and 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."
SENATOR CATHY GIESSEL, sponsor of SB 41, stated that this
legislation provides the opportunity for the regulatory board
for psychologists and psychological associates to perform
criminal background checks. There have been no problems but this
will help ensure that the professionals working in this area are
reputable.
1:54:42 PM
JANE CONWAY, Staff, Senator Cathy Giessel, provided the
following sectional analysis for SB 41.
Section 1 amends AS 08.86.070 by adding new
subsections.
AS 08.86.070(b) imposes a duty on the Board of
Psychologist and Psychological Associate Examiners to
require applicants for licensure as psychologists or
psychological associates to submit fingerprints and
fees necessary to obtain criminal justice information
and a national criminal history record check. The
Subsection authorizes the board to adopt regulations
requiring applicants for renewal of a license to
submit fingerprints and a fee as required in the
subsection.
AS 08.86.070(c) requires the Department of
Commerce, Community and Economic Development to submit
the fingerprints and fees to the Department of Public
Safety to obtain criminal justice information and a
national criminal history check under AS 12.62.
Section 2 adds licensure as a psychologist or
psychological associate under AS 18.86 to the list of
licensed professions for which the Department of
Public Safety may process criminal history records
checks.
Section 3 makes it applicable to applications for
license or renewal filed on or after the effective
date of the act.
Section 4 provides an effective date of July 1, 2015.
1:56:17 PM
SENATOR STEVENS asked if the bill has any requirement other than
a fingerprint.
MS. CONWAY replied the fingerprint is required as part of the
formal application process and it is submitted to the Department
of Public Safety (DPS) for a background check. Responding to a
further question, she said the idea is to check for a criminal
record.
CHAIR COSTELLO asked why this hasn't been done before.
MS. CONWAY replied a number of people have asked that because a
number of other professions that deal with vulnerable
populations are required to have criminal background checks. She
suggested that Mr. Levy might provide an historical perspective.
CHAIR COSTELLO asked Ms. Chambers to discuss the fiscal note.
1:58:18 PM
SARA CHAMBERS, Acting Director, Division of Corporations,
Business and Professional Licensing, Department of Commerce,
Community and Economic Development (DCCED), said the fiscal note
reflects the current $51.50 cost of fingerprinting through DPS
multiplied by the anticipated number of licensees going through
the program the first and subsequent years.
CHAIR COSTELLO clarified that there is no impact to the state
because of receipt authority. The applicants will absorb the
cost of the background check.
MS. CHAMBERS agreed. Responding to a further question she
clarified that the current $51.50 fee is subject to the
regulatory fee change process.
CHAIR COSTELLO asked if this will affect the division's ability
to manage the overall fee structure for the professional
licenses in the state.
MS. CHAMBERS replied she sees no conflict or concern.
2:00:22 PM
SENATOR GIESSEL asked if this board is in deficit or has funds
that would cover any additional costs.
MS. CHAMBERS said she didn't have the figures, but this board
and the division work well together to ensure that revenues
cover expenses.
2:01:00 PM
ALAN LEVY, L.P.A., Chair, Board of Psychologist and
Psychological Associate Examiners, stated that he is also
employed as a therapist in private practice in Anchorage. In
response to the question about why the board doesn't already
have this authority, he explained that psychology as a licensed
profession was created by the legislature in the 1960s when
background checks were expensive and difficult to do. The checks
were typically reserved for military and high governmental
functions that required security clearance.
He explained that for the past eight years the Psychology Board
has been trying to get the authority to do background checks,
but the Department of Law (DOL) opined the board doesn't have
the authority to enact regulations to give itself this power. SB
41 would change the statutes and grant the board the authority.
Background checks are considered best practice and an essential
part of protecting the public.
SENATOR STEVENS asked if licensure exams are required to become
a psychologist.
MR. LEVY explained that a bachelors, masters and Ph.D. are
required and applicants must have graduated from an accredited
institution and meet the criteria laid out in statute and
regulation. The extensive application process includes a self-
disclosure and the board would like the ability to double check
that and look into criminal matters.
He reported that the board is in good fiscal shape. It has had a
budget surplus of over $300,000 for the last several years and
has been working with Ms. Chambers to reduce that surplus while
preserving a cushion.
MR. LEVY informed the committee that 34 states and the District
of Columbia require criminal background checks for psychologists
but Alaska is one of the 17 states that doesn't have that
requirement. He pointed out inconsistencies in Alaska's
licensure requirements. Licensed family and marriage therapists,
licensed clinical social workers, and licensed psychologists are
not required to have a criminal background check but the new
licensed profession of behavior analysts are required to undergo
criminal backgrounds checks. He suggested that at the very least
it makes sense to hold psychologists to the same standard as
behavior analysts.
2:08:13 PM
DR. PHILLIP BAKER, Chair, Alaska Psychological Association,
testified that he cannot endorse SB 41 until all licensed
psychologists have reviewed the bill. The concern is that the
language in the bill isn't specific and the limitations aren't
clear as to what will be done with the information that is
collected for the criminal investigation. The board does support
licensing all psychologists and psychological associates and
believes that the end of June would be a good time to add this
requirement for new and renewal applicants. He offered to work
to flesh the bill out so that everyone who has to submit to it
is more comfortable.
2:12:27 PM
SENATOR GIESSEL explained to Dr. Baker that the bill provides
the authority for the board to write a regulation to require a
criminal background check.
DR. BAKER interjected that the language isn't clear.
SENATOR GIESSEL explained that there are specific laws governing
the way the background checks can be used. The FBI requires the
background check to be held only by the psychology regulatory
board. It cannot be used or shared with anyone else and must be
kept in a locked facility. The details will be fleshed out
later, not in statute.
CHAIR COSTELLO noted that the bill has a judiciary referral.
MR. LEVY clarified that he is not a doctor.
2:15:31 PM
CHAIR COSTELLO closed public testimony.
SENATOR STEVENS said he was comfortable moving the bill.
2:15:54 PM
SENATOR STEVENS moved to report SB 41, labeled 29-LS0170\H, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR COSTELLO announced that, without objection, SB 41 is
reported from the Senate Judiciary Standing Committee.