Legislature(2025 - 2026)BELTZ 105 (TSBldg)

02/17/2025 01:30 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 11 FLOOD INSURANCE TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+= SB 17 CRIME COUNTERFEIT/NONFUNCTIONING AIRBAG TELECONFERENCED
Moved SB 17 Out of Committee
-- Public Testimony <Time Limit May Be Set> --
*+ SB 98 EXTEND BOARD OF VETERINARY EXAMINERS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
**Streamed live on AKL.tv**
                                                                                                                                
          SB  98-EXTEND BOARD OF VETERINARY EXAMINERS                                                                       
                                                                                                                                
2:11:15 PM                                                                                                                    
CHAIR  BJORKMAN   reconvened  the   meeting  and   announced  the                                                               
consideration  of  SENATE  BILL  NO. 98  "An  Act  extending  the                                                               
termination  date  of  the Board  of  Veterinary  Examiners;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
2:11:46 PM                                                                                                                    
MATT  CHURCHILL,  Staff,  Senator Jesse  Bjorkman,  Alaska  State                                                               
Legislature, Juneau,  Alaska, presented an  overview of SB  98 as                                                               
written:                                                                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
       The Board of Veterinary Examiners, the five-member                                                                       
     panel that regulates the profession of veterinary care                                                                     
     in the state,  will currently sunset on  June 30, 2025.                                                                    
     This Bill extends  the sunset date of the  Board by six                                                                    
     years to  allow the  Board to  continue working  in the                                                                    
     public interest.                                                                                                           
                                                                                                                                
     The State's 2024 audit of  the board concluded that the                                                                    
     board  served the  public's interest  while recognizing                                                                    
     the continued need for legislative oversight.                                                                              
                                                                                                                                
     The audit  ultimately recommended that  the legislature                                                                    
     extend the  Board's termination to June  30, 2031. Kris                                                                    
     Curtis, Legislative Auditor, will  speak further to the                                                                    
     Committee today  regarding the  details of  the State's                                                                    
     audit.                                                                                                                     
                                                                                                                                
     The Committee will also be  hearing today from Director                                                                    
     Sylvan Robb  of the Division of  Corporations, Business                                                                    
     and Professional Licensing.                                                                                                
                                                                                                                                
     Board  member, Hal  Geiger, is  present  today and  Dr.                                                                    
     Robert  Gerlach,  Chair  of  the  Board  of  Veterinary                                                                    
     Examiners will be on the line  as well to help with any                                                                    
     questions the Committee might have.                                                                                        
                                                                                                                                
2:13:17 PM                                                                                                                    
CHAIR BJORKMAN announced invited testimony on SB 98.                                                                            
                                                                                                                                
2:13:32 PM                                                                                                                    
KRIS CURTIS, Legislative Auditor, Alaska State Legislature,                                                                     
Juneau, Alaska, testified by invitation on SB 98. She read the                                                                  
provided report conclusions:                                                                                                    
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
        The Sunset Review of the department of Commerce,                                                                      
      Community and Economic Development (DCCED), Board of                                                                    
                  Veterinary Examiners (board)                                                                                
                                                                                                                              
                         April 24, 2024                                                                                       
                                                                                                                              
                Audit Control Number 08-20142-24                                                                              
                                                                                                                                
     REPORT CONCLUSIONS                                                                                                       
                                                                                                                                
     The audit concluded that the  board served the public's                                                                    
     interest  by   conducting  meetings  in   an  effective                                                                    
     manner;  actively   amending  regulations   to  address                                                                    
     statutory changes,  protect the public and  improve the                                                                    
     licensing    process;    and   effectively    licensing                                                                    
     veterinary  professionals.  The  audit  also  concluded                                                                    
     that   board  related   cases  were   not  consistently                                                                    
     investigated in  a timely  manner, two  board positions                                                                    
     had  expired  terms, and  as  of  January 31,2024,  one                                                                    
     board  position   had  been   vacant  for   31  months.                                                                    
     Additionally, the  audit found  that the  final version                                                                    
     of  regulation  changes  published   in  2023  was  not                                                                    
     reviewed or approved by the board.                                                                                         
                                                                                                                                
2:14:23 PM                                                                                                                    
MS. CURTIS continued:                                                                                                           
                                                                                                                                
     In accordance  with AS  08.03.010(c)(22), the  board is                                                                    
     scheduled to  terminate on  June 30,2025.  We recommend                                                                    
     that  the legislature  extend  the board's  termination                                                                    
     date  six years  to June  30,2031, which  is two  years                                                                    
     less  than the  maximum  allowed  statute. The  reduced                                                                    
     extension reflects the need  for more routine oversight                                                                    
     of the board in light of the audit findings.                                                                               
                                                                                                                                
MS.  CURTIS stated  that on  page 6  licensing information  shows                                                               
that as  of January 2024 the  board had 716 active  licenses, a 7                                                               
percent increase  since the  2016 audit.  Page 8  shows finances;                                                               
the board had a $200,000  surplus. She said the Legislative Audit                                                               
department made three recommendations starting on page 11:                                                                      
                                                                                                                                
Recommendation 1                                                                                                                
                                                                                                                                
She   said   the    Division   of   Corporation,   Business,                                                                    
Professional  Licensing   (DCBPL)  director   should  create                                                                    
procedures  to ensure  the final  draft  of regulations  are                                                                    
provided  to occupational  boards  for  review and  approval                                                                    
before regulations are filed and  made effective. She stated                                                                    
that  the   final  Veterinarian-Client-Patient  Relationship                                                                    
(VCPR) regulation  omitted language the board  intended, due                                                                    
to technical  edits by the  Department of Law  they believed                                                                    
were minor.                                                                                                                     
                                                                                                                                
Recommendation 2                                                                                                                
                                                                                                                                
She  said the  Boards and  Commissions director  should work                                                                    
with  the board  to  identify potential  applicants to  fill                                                                    
board seats in a timely  manner. The board had five members,                                                                    
with two  serving on expired  terms and one seat  vacant for                                                                    
31 months.                                                                                                                      
                                                                                                                                
2:15:58 PM                                                                                                                    
MS. CURTIS continued:                                                                                                           
                                                                                                                                
Recommendation 3                                                                                                                
                                                                                                                                
Department of  Commerce, Community and  Economic Development                                                                    
(DCCED)  commissioner  should   work  with  policymakers  to                                                                    
improve the recruitment and  retention of investigators. She                                                                    
said  the Legislative  Audit reviewed  nine  cases open  for                                                                    
over 180  days and found four  with significant, unjustified                                                                    
delays  some lasting  111 to  695 days,  often due  to staff                                                                    
vacancies and competing priorities.                                                                                             
                                                                                                                                
MS CURTIS stated that the  commissioner of DCCED, board chair and                                                               
governor's board and commissions'  director agreed with all three                                                               
recommendations. The  response can be  found starting on  page 23                                                               
in the audit report.                                                                                                            
                                                                                                                                
2:17:14 PM                                                                                                                    
SYLVAN  ROBB, Director,  Division of  Corporations, Business  and                                                               
Professional   Licensing   (DCBPL),   Department   of   Commerce,                                                               
Community  and  Economic  Development  (DCCED),  Juneau,  Alaska,                                                               
testified  by invitation  on  SB  98 and  stated  that the  first                                                               
recommendation  that ensures  the board  reviews regulations  and                                                               
make sure the  regulations align with intent  before adoption and                                                               
finalization has been resolved. She  stated the Department of Law                                                               
changed a law on how  regulation process flows. The Department of                                                               
Law now  reviews proposed  regulations before  they go  to public                                                               
comment, instead of  after. She said this  change prevents public                                                               
input  on  regulations  that  may later  be  rejected  for  legal                                                               
reasons and has improved the  process for boards, the public, and                                                               
licensees. She  stated that  all five  board seats  are currently                                                               
filled. The division  works with the Governor's  Office to notify                                                               
active licensees of vacancies and  encourages them or their peers                                                               
to apply. She said as  for the third recommendation, the division                                                               
continues  working   to  improve  investigator   recruitment  and                                                               
retention. While the division struggled  during the pandemic with                                                               
35  percent  vacancies,  the  DCBPL  now  has  only  a  few  open                                                               
positions. She stated that the  division has better training, and                                                               
stronger oversight.  She said the  DCBPL expect future  audits to                                                               
reflect shorter investigation timelines.                                                                                        
                                                                                                                                
2:21:48 PM                                                                                                                    
HAL  GEIGER,  Public  Member,   Board  of  Veterinary  Examiners,                                                               
Juneau, Alaska, testified by invitation on SB 98 and stated that                                                                
the board has handled many  complex technical issues responsibly,                                                               
always  mindful of  how public  resources are  being used.  While                                                               
most  people   think  of  veterinarians   as  caring   for  pets,                                                               
veterinarians  also  play critical  roles  in  food security  and                                                               
public health, like  managing rabies, a fatal  disease in humans.                                                               
He  said  veterinarians  also handle  controlled  substances  and                                                               
treat  high value  animals in  hatcheries being  released in  the                                                               
marine environment.  He said  the board is  needed to  fulfil the                                                               
complex,  technical,   and  essential  work  that   needs  to  be                                                               
completed. He  stated that  one major  challenge the  board faced                                                               
was addressing  the unintended  consequences of  the prescription                                                               
drug   monitoring  program,   and  the   board  appreciates   the                                                               
Legislature's  help in  resolving that.  He said  the board  also                                                               
supports adding  a licensed veterinary  technician to  the board,                                                               
as  many states  have  done. With  only  five members,  vacancies                                                               
strain the  board's capacity, especially when  emergencies arise.                                                               
He said  the board agrees  fully with the  audit recommendations.                                                               
He  said  the issue  with  the  Department  of Law  altering  the                                                               
finalized   Veterinarian   Client  Patent   Relationship   (VCPR)                                                               
regulation is  serious. He stated  that the board has  worked for                                                               
years  on  getting  expert  testimony and  a  key  provision  for                                                               
allowing associate  vets to treat  an animal after  another vet's                                                               
exam was removed. He said  the current regulation is impractical,                                                               
and despite  the boards  repeated requests  since late  2023, the                                                               
board hasn't received help from the Department of Law to fix it.                                                                
                                                                                                                                
2:28:58 PM                                                                                                                    
CHAIR BJORKMAN stated  that as the board  reviews regulations and                                                               
related matters he asked whether  the board makes recommendations                                                               
on larger  policy questions  such as food  security or  the clean                                                               
list of animals  allowed into Alaska and asked  whether the board                                                               
offers  any kind  of professional  position  from the  veterinary                                                               
community on those types of issues.                                                                                             
                                                                                                                                
2:29:31 PM                                                                                                                    
MR.  GEIGER answered  that generally,  the board  has left  those                                                               
broader   policy  issues   to  the   Alaska  Veterinary   Medical                                                               
Association (AVMA)  and focused on regulations  within the boards                                                               
statutory  authority. He  said  the only  time  the board  really                                                               
stepped  in was  with the  prescription drug  monitoring program,                                                               
which caused significant issues for the board.                                                                                  
                                                                                                                                
2:30:15 PM                                                                                                                    
CHAIR BJORKMAN held SB 98 in committee.                                                                                         

Document Name Date/Time Subjects
SB98 ver. A.pdf SL&C 2/17/2025 1:30:00 PM
SB 98
SB98 Sponsor Statement ver A.pdf SL&C 2/17/2025 1:30:00 PM
SB 98
SB11 Public Testimony-Email-Susan Allmeroth 02.08.25.pdf SL&C 2/17/2025 1:30:00 PM
SB 11
SB11 Public Testimony-Letter-NAMIC 02.14.25.pdf SL&C 2/17/2025 1:30:00 PM
SB 11
SB11 Public Testimony-Letter-APCIA 02.14.25.pdf SL&C 2/17/2025 1:30:00 PM
SB 11
SB98 Supporting Documents-Audit Vets Examiners Brd.pdf SL&C 2/17/2025 1:30:00 PM
SB 98