Legislature(2023 - 2024)SENATE FINANCE 532

03/13/2024 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 243 ALASKA ENERGY AUTHORITY GOVERNANCE TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- <Time Limit May Be Set> --
+ SB 116 ASSOCIATE AND PROFESSIONAL COUNSELORS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 116                                                                                                           
                                                                                                                                
     "An Act relating to the Board of Professional                                                                              
     Counselors; relating to licensing of associate                                                                             
     counselors; and providing for an effective date."                                                                          
                                                                                                                                
9:37:24 AM                                                                                                                    
                                                                                                                                
Co-Chair Olson relayed that it was the first hearing for SB
116.                                                                                                                            
                                                                                                                                
9:37:42 AM                                                                                                                    
                                                                                                                                
SENATOR CATHY  GIESSEL, SPONSOR, explained that  the purpose                                                                    
of  the  bill  was  to  allow  graduates  to  begin  in  the                                                                    
profession and,  and emphasized that  the state  needed more                                                                    
LPCs  and needed  to retain  them, and  that the  bill would                                                                    
lead in that direction.                                                                                                         
                                                                                                                                
9:41:29 AM                                                                                                                    
                                                                                                                                
JANE CONWAY, STAFF, SENATOR GIESSEL, discussed a Sectional                                                                      
Analysis (copy on file):                                                                                                        
                                                                                                                                
     Section 1.  (Page 1)  Amends AS  08.02.110 Professional                                                                    
     designation  requirements  (a)   to  include  Associate                                                                    
     Counselors  in the  same chapter  as other  professions                                                                    
     and  requires  them  to  use  appropriate  professional                                                                    
     title  designation  that   represents  their  field  of                                                                    
     practice                                                                                                                   
                                                                                                                                
     Section 2. (Page  2) Amends AS 08.29.020  Duties of the                                                                    
     Board  (a)  to  include   Associate  Counselors  to  be                                                                    
     licensed by the Board of Professional Counselors.                                                                          
                                                                                                                                
     Section 3. (Page 2) Amends  AS 08.29.100 Unlicensed use                                                                    
     of  title  prohibited   (a)to  prohibit  those  without                                                                    
     licenses   to    declare   themselves    an   Associate                                                                    
     Counselors, use language that may  be confused with the                                                                    
     title of "Associate Counselor."                                                                                            
                                                                                                                                
     Section 4. (Page 3)  Amends AS 08.29.110 Qualifications                                                                    
     for  Licensure (a)  to establish  that the  board shall                                                                    
     issue   a  professional   counselor   license  if   the                                                                    
     applicant  has  successfully   completed  an  associate                                                                    
     counselor  program authorized  by the  board and  meets                                                                    
     all  other requirements  of  the  board, including  the                                                                    
     supervision of a  supervisor approved under regulations                                                                    
     of the board. Furthermore, at  least 100 hours of face-                                                                    
     to-face supervision are required.                                                                                          
                                                                                                                                
     Section 5.  (Page 4) Amends  AS 08.29.120  Licensure by                                                                    
     credentials (a)  to establish that the  board may issue                                                                    
     a license  for professional  or associate  counselor to                                                                    
     practice if  they are licensed in  another jurisdiction                                                                    
     and if  the board finds  the other jurisdiction  has an                                                                    
     equal or higher licensure  requirement as those in this                                                                    
     state.                                                                                                                     
                                                                                                                                
     Section  6. (Page  4)  Amends  AS 08.29.220  Disclosure                                                                    
     Statement Requires an Associate  Counselor to furnish a                                                                    
     disclosure   statement  including   the  name,   title,                                                                    
     business  address  and  business  telephone  number  to                                                                    
     clients  before  providing   services.  The  disclosure                                                                    
     statement  must   include  the   Associate  Counselor's                                                                    
     educational   description,  areas   of  specialization,                                                                    
     services available, and fee schedule  listed by type of                                                                    
     service or hourly  rate. It also must  include that the                                                                    
     information  provided  is  required  by  the  Board  of                                                                    
     Professional    Counselors   which    regulates   their                                                                    
     activities.                                                                                                                
                                                                                                                                
     Section  7.  (Page  5)  Amends  08.29.400  Grounds  for                                                                    
     denial of license or for  disciplinary sanctions (a) to                                                                    
     include  that Associate  Counselors may  be subject  to                                                                    
     disciplinary   sanctions  imposed   by  the   Board  of                                                                    
     Professional  Counselors if  they  are incompetent,  or                                                                    
     have  committed  misconduct, fraud,  misrepresentation,                                                                    
     or dishonesty in the functions  of a licensed Associate                                                                    
     Counselor.                                                                                                                 
                                                                                                                                
     A  licensed  Associate  Counselor is  also  subject  to                                                                    
     disciplinary  sanctions if  they assist  another person                                                                    
     who is  not licensed under  this chapter in  an attempt                                                                    
     to represent  the person  to the  public as  a licensed                                                                    
     Associate Counselor.                                                                                                       
                                                                                                                                
     Section  8.  (Page   6)  Repeals  08.29.210  Supervisor                                                                    
     certification                                                                                                              
                                                                                                                                
     Section 9.  (Page 6)  Creates transitional  language to                                                                    
     allow the board to promulgate and adopt regulations.                                                                       
                                                                                                                                
     Section 10. (Page  6) Allows Section 9  to be conducted                                                                    
     immediately.                                                                                                               
                                                                                                                                
     Section  11. (Page  6) Provides  for overall  effective                                                                    
     date of the bill to be July 1, 2025.                                                                                       
                                                                                                                                
9:45:59 AM                                                                                                                    
                                                                                                                                
Senator  Kiehl  asked  why  there  was  a  deletion  of  the                                                                    
statutory requirements for a supervisor.                                                                                        
                                                                                                                                
Ms. Conway  understood that  the provisions  would determine                                                                    
supervision  criteria to  be  under  regulation rather  than                                                                    
statute.                                                                                                                        
                                                                                                                                
Senator  Kiehl  asked  if  there was  any  need  to  include                                                                    
associate  counselors  in  the  definition  of  health  care                                                                    
providers in other statutes.                                                                                                    
                                                                                                                                
Ms.  Conway  affirmed that  the  issue  had come  up  during                                                                    
consideration of the companion bill in the House.                                                                               
                                                                                                                                
Senator  Bishop understood  that currently  the group  could                                                                    
not bill for services because  of lacking a designation, and                                                                    
that the bill would rectify the matter.                                                                                         
                                                                                                                                
Senator Giessel  relayed that the committee  would hear from                                                                    
testifiers that could utilize the designee.                                                                                     
                                                                                                                                
9:49:53 AM                                                                                                                    
                                                                                                                                
Co-Chair Olson asked if there  were programs in the state to                                                                    
fulfill the requirements.                                                                                                       
                                                                                                                                
Senator Giessel replied in the affirmative.                                                                                     
                                                                                                                                
Co-Chair  Olson asked  about reciprocity  and other  states,                                                                    
and whether the requirements could move between states.                                                                         
                                                                                                                                
Senator Giesel replied in the affirmative.                                                                                      
                                                                                                                                
9:51:10 AM                                                                                                                    
                                                                                                                                
RACHEL  BUDDIN   YOUNG,  BOARD   MEMBER,  ALASKA   BOARD  OF                                                                    
PROFESSIONAL COUNSELORS,  EAGLE RIVER  (via teleconference),                                                                    
spoke in favor of the  bill, and discussed the presentation,                                                                    
"Associate  Counselor License,  House  Bill  126 and  Senate                                                                    
Bill 116" (copy  on file). She looked at  slide 2, "National                                                                    
Trends":                                                                                                                        
                                                                                                                                
     More states are regulating the process for becoming                                                                        
     fully licensed through a transparent "pre-licensing"                                                                       
     status.                                                                                                                    
     Titles may include associate, trainee, provisional,                                                                        
     intern, and conditional.                                                                                                   
                                                                                                                                
Ms. Buddin Young pointed to slide 3, "Pre-Licensure is a                                                                        
Beneficial Trend":                                                                                                              
                                                                                                                                
     Practicing professional  counseling under a  license is                                                                    
     good for Alaska because:                                                                                                   
     •   Ensures   professional   trained   and   supervised                                                                    
     counselors   are   assisting   the  needs   of   Alaska                                                                    
     residents.                                                                                                                 
     • Creates standard of practice for the state.                                                                              
     • Maintains national standards.                                                                                            
     •   Provides  guidance   and  accountability   for  new                                                                    
     counselors                                                                                                                 
                                                                                                                                
Ms. Buddin Young showed slide 5, "Associate Counselor                                                                           
Requirements":                                                                                                                  
                                                                                                                                
     All documents must be submitted  for approval to become                                                                    
     an Associate Counselor:                                                                                                    
     •  Two  letters  of  recommendation  from  professional                                                                    
     counselors                                                                                                                 
     • Must be at least 18 years old                                                                                            
     • Is not under investigation in any jurisdiction                                                                           
     • No  previous license suspended,  revoked, surrendered                                                                    
     in lieu of discipline                                                                                                      
     • Completed all  education requirements Doctoral degree                                                                    
     in  counseling or  related professional  field Master's                                                                    
    degree in counseling or related professional field                                                                          
                                                                                                                                
Ms. Buddin Young addressed slide 5, "Streamline Process":                                                                       
                                                                                                                                
     Once the  following has  been completed,  the Associate                                                                    
     Counselor may  apply for a full  Professional Counselor                                                                    
     License:                                                                                                                   
     • Pass the NCE or NCMHCE and submit scores                                                                                 
     • 3,000 hours of supervised experience                                                                                     
     • 1,000 hours of these must be direct counseling                                                                           
     •  100  hours   face-to-face  supervision  by  approved                                                                    
     supervisor                                                                                                                 
     • Submit  letter of reference from  approved supervisor                                                                    
     and documentation of hours                                                                                                 
                                                                                                                                
Ms. Buddin Young looked at slide 7, "Befits for Alaska":                                                                        
                                                                                                                                
     • Professional Streamlined Process                                                                                         
     • Clear Guidelines                                                                                                         
     • Regular Reporting Measures                                                                                               
     • Support with Supervisor Changes (important for                                                                           
     Military)                                                                                                                  
     • State Recognized Level of Care                                                                                           
     • Enhanced Professionalism                                                                                                 
     • Maintaining National Standards                                                                                           
     • Better Care for All Alaskans                                                                                             
                                                                                                                                
9:57:03 AM                                                                                                                    
                                                                                                                                
Senator Bishop asked if the  University of Alaska system had                                                                    
the  programs for  a  person  to be  a  professional in  the                                                                    
industry.                                                                                                                       
                                                                                                                                
Ms. Buddin Young replied in the affirmative.                                                                                    
                                                                                                                                
Senator  Bishop pondered  that the  University could  have a                                                                    
better relationship  with the world  of work to  ensure that                                                                    
graduates could be closer to the industry.                                                                                      
                                                                                                                                
Ms.  Buddin Young  explained that  it was  standard practice                                                                    
that the hours of experience  did not accumulate until after                                                                    
graduation under  a supervisor beyond the  university, which                                                                    
was a national standard.                                                                                                        
                                                                                                                                
9:59:00 AM                                                                                                                    
                                                                                                                                
Senator Kiehl considered a letter  from a board member (copy                                                                    
on  file), which  suggested more  rules for  the supervision                                                                    
process.  He  noted, however,  that  bill  deleted the  only                                                                    
standard for  the supervisor. He queried  the board's vision                                                                    
for  that  removal  of the  five-year  requirement  for  the                                                                    
supervisor.                                                                                                                     
                                                                                                                                
Ms. Buddin  Young replied  that it was  advised to  make the                                                                    
change within regulations rather than statutes.                                                                                 
                                                                                                                                
Senator  Kiehl  would follow  up  with  the sponsor  on  the                                                                    
issue.                                                                                                                          
                                                                                                                                
Co-Chair Olson  asked how many  counselors were  licensed in                                                                    
the state.                                                                                                                      
                                                                                                                                
Ms. Buddin  Young estimated that  there were 1,200  to 1,300                                                                    
counsellors licensed in the state.                                                                                              
                                                                                                                                
Co-Chair Olson  asked whether the new  associate title would                                                                    
be under the board.                                                                                                             
                                                                                                                                
Ms. Buddin Young replied in the affirmative.                                                                                    
                                                                                                                                
Co-Chair Olson surmised that the  associate would be subject                                                                    
to disciplinary action under the board.                                                                                         
                                                                                                                                
Ms. Buddin Young agreed.                                                                                                        
                                                                                                                                
Co-Chair  Olson asked  if the  two-year  period allowed  for                                                                    
enough time to achieve the required 3000 hours.                                                                                 
                                                                                                                                
Ms. Buddin Young  relayed that it could take  between two to                                                                    
five years to complete the hours.                                                                                               
                                                                                                                                
10:02:27 AM                                                                                                                   
                                                                                                                                
ELAINE  BORDER, BORDER  COUNSELING SERVICES,  ANCHORAGE (via                                                                    
teleconference), spoke in favor of the bill.                                                                                    
                                                                                                                                
10:08:04 AM                                                                                                                   
                                                                                                                                
JOSH  ARVIDSON, CHIEF  OPERATING OFFICER,  ALASKA BEHAVIORAL                                                                    
HEALTH  (via teleconference),  introduced himself  and noted                                                                    
that the various benefits of the legislation.                                                                                   
                                                                                                                                
10:13:14 AM                                                                                                                   
                                                                                                                                
Co-Chair Olson OPENED public testimony.                                                                                         
                                                                                                                                
10:13:23 AM                                                                                                                   
                                                                                                                                
BRITTANY POPE,  SELF, KETCHIKAN (via  teleconference), spoke                                                                    
in favor of the bill.                                                                                                           
                                                                                                                                
10:22:02 AM                                                                                                                   
                                                                                                                                
MARY FITZGERALD,  OWNER, DEEPER LIGHT  PSYCHOTHERAPY, JUNEAU                                                                    
(via teleconference), testified in support of the bill.                                                                         
                                                                                                                                
Co-Chair Olson CLOSED public testimony.                                                                                         
                                                                                                                                
10:27:02 AM                                                                                                                   
                                                                                                                                
SYLVAN   ROBB,  DIRECTOR,   DIVISION  OF   CORPORATIONS  AND                                                                    
BUSINESS  LICENSING, DEPARTMENT  OF COMMERCE,  COMMUNITY AND                                                                    
ECONOMIC DEVELOPMENT, spoke to a new fiscal note from CED.                                                                      
                                                                                                                                
10:28:41 AM                                                                                                                   
                                                                                                                                
RENEE GAYHART, DIRECTOR, DIVISION OF HEALTHCARE SERVICES,                                                                       
DEPARTMENT OF HEALTH, spoke to fiscal notes from the                                                                            
Department of Health.                                                                                                           
                                                                                                                                
Co-Chair Olson wondered whether there was no charge for the                                                                     
associate license that added to the fiscal note.                                                                                
                                                                                                                                
Ms. Gayhart answered affirmatively.                                                                                             
                                                                                                                                
10:30:38 AM                                                                                                                   
                                                                                                                                
TRACY DOMPELING, DIRECTOR, DIVISION OF BEHAVIORAL HEALTH,                                                                       
DEPARTMENT OF HEALTH, addressed a fiscal note from DOH.                                                                         
                                                                                                                                
Senator Kiehl wondered about removing the board's ability                                                                       
to allow telephonic supervision.                                                                                                
                                                                                                                                
Ms. Dompeling agreed to provide more information.                                                                               
                                                                                                                                
SB 116 was heard and HELD in Committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 243 (RES) Sponsor Statement.pdf SFIN 3/13/2024 9:00:00 AM
SB 243
SB 243 (RES) Explanation of Changes.pdf SFIN 3/13/2024 9:00:00 AM
SB 243
SB 243 (RES) Sectional Analysis.pdf SFIN 3/13/2024 9:00:00 AM
SB 243
SB 243 2024.03.12 AEA Senate Bill 243 AEA Governance Presentation (Final).pdf SFIN 3/13/2024 9:00:00 AM
SB 243
SB 116 Sectional Analysis 04.17.23.pdf SFIN 3/13/2024 9:00:00 AM
SL&C 4/28/2023 1:30:00 PM
SB 116
SB 116 Sponsor Statement 04.17.23.pdf SFIN 3/13/2024 9:00:00 AM
SL&C 4/28/2023 1:30:00 PM
SB 116
SB 116 DOH MS 010924.pdf SFIN 3/13/2024 9:00:00 AM
SB 116
SB 116 DOH MAA 010924.pdf SFIN 3/13/2024 9:00:00 AM
SB 116
SB 116 DOH BHA 020524.pdf SFIN 3/13/2024 9:00:00 AM
SB 116
SB 116 Presentation 03-13-24.pdf SFIN 3/13/2024 9:00:00 AM
SB 116
SB 116 Letters of Support (batch of 10) 3-12-24.pdf SFIN 3/13/2024 9:00:00 AM
SB 116
SB 116 DCCED CBPL 011124.pdf SFIN 3/13/2024 9:00:00 AM
SB 116