05/10/2021 01:30 PM Senate LABOR & COMMERCE

          SB 137-EXTEND BOARD OF DIRECT-ENTRY MIDWIVES                                                                      
                                                                                                                                
2:04:37 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SENATE  BILL NO.                                                               
137,  "An Act  extending the  termination  date of  the Board  of                                                               
Certified Direct-Entry  Midwives; and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
2:05:12 PM                                                                                                                    
JOE   HAYES,  Staff,   Senator  Scott   Kawasaki,  Alaska   State                                                               
Legislature, Juneau, Alaska,  introduced SB 137 on  behalf of the                                                               
sponsor. He read the sponsor statement into the record.                                                                         
                                                                                                                                
     Senate  Bill 137  extends the  termination date  of the                                                                    
     Board  of Certified  Direct-Entry Midwives.  Currently,                                                                    
     the board is set to sunset  on June 30, 2021. This bill                                                                    
     would extend  that termination date  to June  30, 2023.                                                                    
     The two-year extension was  recommended by the Division                                                                    
     of  Legislative  Audit  in the  Sunset  Review  of  the                                                                    
     board.                                                                                                                     
                                                                                                                                
MR. HAYES  advised that the  board is comprised of  five members:                                                               
two direct-entry  midwives, one  physician licensed by  the State                                                               
Medical Board, one certified nurse  midwife licensed by the Board                                                               
of  Nursing,  and  one  public  member.  By  statute,  the  board                                                               
examines  and   issues  certificates  and   permits,  establishes                                                               
regulations for  certification and practice  requirements, orders                                                               
disciplinary sanctions,  and approves curricula and  standards of                                                               
education, training  and apprenticeship. The $21,000  fiscal note                                                               
is covered by revenue from the licensing fees.                                                                                  
                                                                                                                                
2:06:55 PM                                                                                                                    
SENATOR  STEVENS asked  to hear  from Kris  Curtis about  why the                                                               
extension is only for two years.                                                                                                
                                                                                                                                
CHAIR  COSTELLO  advised that  the  auditor  was not  online  and                                                               
suggested  the committee  hear from  the chair  of the  governing                                                               
board.                                                                                                                          
                                                                                                                                
2:07:25 PM                                                                                                                    
BETHEL BELISLE, Chair, Board  of Certified Direct-Entry Midwives,                                                               
Anchorage, Alaska, advised  that the audit found  three areas for                                                               
the board to  work on. The first finding related  to peer review.                                                               
She  said that  process was  changed in  March 2020  and will  be                                                               
finalized at the  next board meeting. The second  area of concern                                                               
related to the time DCCED  took to complete an investigation. She                                                               
suggested that Sara  Chambers could respond to  that concern. The                                                               
third finding related to board  notes about bringing the standard                                                               
of midwifery care  up to national standards.  The board initially                                                               
opted not  to pursue  that because  of cost  but they  have since                                                               
begun the process to change  the regulations and statutes to meet                                                               
or exceed national standards of midwifery care.                                                                                 
                                                                                                                                
SENATOR STEVENS asked  to hear from the department  on the second                                                               
finding about the time it takes for an investigation.                                                                           
                                                                                                                                
CHAIR COSTELLO noted that Kris Curtis was available.                                                                            
                                                                                                                                
2:10:48 PM                                                                                                                    
KRIS CURTIS, Legislative Auditor,  Division of Legislative Audit,                                                               
Alaska  State Legislature,  Juneau,  Alaska,  explained that  the                                                               
two-year extension is  in response to an  issue identified during                                                               
the  audit that  could affect  public  safety. She  said she  was                                                               
unable  to  provide and  details  because  it  was related  to  a                                                               
confidential  investigation,  but  it   is  important  enough  to                                                               
warrant a short extension to provide more oversight.                                                                            
                                                                                                                                
SENATOR  STEVENS asked  if she  believes the  extension could  be                                                               
longer once the issue is resolved.                                                                                              
                                                                                                                                
MS. CURTIS  replied she  hopes so  but this  was the  third short                                                               
extension.  She said  the division  will recommend  an eight-year                                                               
extension if the audit is clean next time.                                                                                      
                                                                                                                                
SENATOR STEVENS  expressed satisfaction with the  explanation and                                                               
the two-year extension.                                                                                                         
                                                                                                                                
2:13:16 PM                                                                                                                    
CHAIR COSTELLO asked who pays for the sunset review.                                                                            
                                                                                                                                
MS. CURTIS  replied the cost of  an audit is part  of her budget.                                                               
Statute requires the audit of boards and commissions.                                                                           
                                                                                                                                
CHAIR COSTELLO  asked if  she was  comfortable with  the two-year                                                               
extension to resolve the issues.                                                                                                
                                                                                                                                
MS. CURTIS  answered yes; she  was comfortable with  the two-year                                                               
extension. She  explained that  the audits  are performed  a year                                                               
ahead of  the sunset so an  extension cannot be shorter  than two                                                               
years.                                                                                                                          
                                                                                                                                
2:15:12 PM                                                                                                                    
SENATOR MICCICHE  asked if the  issue with the board  was serious                                                               
or an outstanding board issue.                                                                                                  
                                                                                                                                
MS. CURTIS replied that her opinion is that it is very serious.                                                                 
                                                                                                                                
2:15:55 PM                                                                                                                    
SENATOR  MICCICHE asked  if she  agreed that  repeal was  also an                                                               
option.                                                                                                                         
                                                                                                                                
MS. CURTIS  replied the legislature  could decline to  extend and                                                               
the board would have a one-year  wind down. She said she believes                                                               
that providing  oversight next year  is the most  appropriate way                                                               
going forward.                                                                                                                  
                                                                                                                                
SENATOR STEVENS  asked for an  explanation of the  second finding                                                               
about the time to conduct investigations and who is responsible.                                                                
                                                                                                                                
MS. CURTIS said  it is not so  much the time it  takes to conduct                                                               
an investigation because they can  take years. The audit looks at                                                               
periods  of  unjustified  inactivity  during the  course  of  the                                                               
audit.                                                                                                                          
                                                                                                                                
CHAIR COSTELLO asked Ms. Chambers  to respond to Senator Stevens'                                                               
question.                                                                                                                       
                                                                                                                                
2:18:18 PM                                                                                                                    
SARA CHAMBERS, Director, Division  of Corporations, Business, and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic  Development (DCCED),  Juneau, Alaska,  stated that  the                                                               
division has experienced  an uptick in the  volume and complexity                                                               
of investigations  and their resources  did not keep up  with the                                                               
challenges of  responding. That  was the  case in  this situation                                                               
when the division  failed to meet internal  reporting goals. They                                                               
worked  with  the commissioner's  office  to  hire an  additional                                                               
senior program investigator  and incorporated more accountability                                                               
in the investigator's expectations.                                                                                             
                                                                                                                                
2:21:05 PM                                                                                                                    
CHAIR COSTELLO opened  public testimony on SB  137; finding none,                                                               
she closed public testimony.                                                                                                    
                                                                                                                                
2:21:22 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:21:42 PM                                                                                                                    
CHAIR COSTELLO reconvened the meeting and solicited a motion.                                                                   
                                                                                                                                
2:21:48 PM                                                                                                                    
SENATOR REVAK  moved to  report SB  137, work  order 32-LS0904\A,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR COSTELLO  found no objection  and SB 137 was  reported from                                                               
Senate Labor and Commerce Standing Committee.