Legislature(2021 - 2022)ADAMS 519
05/02/2022 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB193 | |
| SB151 | |
| SB186 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 190 | TELECONFERENCED | |
| + | SB 186 | TELECONFERENCED | |
| + | SB 193 | TELECONFERENCED | |
| + | SB 151 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 186
"An Act extending the termination date of the Board of
Examiners in Optometry; and providing for an effective
date."
2:01:06 PM
TIM LAMKIN, STAFF, SENATOR GARY STEVENS, thanked the
committee for hearing the bill promptly and deferred to the
auditor for comment.
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, spoke to the audit findings. She pointed
to the Audit Report for the Board of Examiners of Optometry
dated June 9, 2021 (copy on file). She read from the
reports conclusions as follows:
The board conducted its meetings in compliance with
state laws effectively licensed optometrists, and
actively amended regulations to address statutory
changes and improve the licensing process. The
Division of Corporations, Business and Professional
Licensing (DCBPL) staff failed to operate in the
public's interest by not consistently recording
licensees with federal Drug Enforcement Administration
(DEA) registration numbers in the licensing database,
not ensuring continuing education audits were
conducted timely, and not monitoring licensees'
compliance with requirements for continuing education
in pain management and opioid use and addiction.
In accordance with AS 08.03.010(c)(15), the board is
scheduled to terminate on June 30, 2022. We recommend
the legislature extend the board's termination date to
June 30, 2028, which is two years less than the
maximum allowed in statute. The reduced extension
reflects the need for more routine oversight in
recognition of audit findings.
Ms. Curtis pointed to "Exhibit 2" on Page 9, that included
a chart showing the board's licensing activity from FY 2018
through January 31, 2021, that totaled 218 licensees. The
amount reflected an 18 percent increase since its prior
sunset audit. She turned to Page 10, "Exhibit 3listing
the board's revenues and expenditures over the same period.
She reported that the board had a deficit of $52 thousand.
A fee increase was proposed by DCBPL management to the
board in April 2020. Fees were not increased based on a
directive from the governor to help relieve the financial
impact of the COVID-19 pandemic. She noted that the
schedule of fees was found on Page 11 in Exhibit 4. She
indicated that the report contained 3 recommendations
beginning on Page 13, as follows:
Recommendation No. 1: DCBPL's director should dedicate
resources to ensure licensees holding a DEA number are
consistently recorded in the licensing database.
DCBPL management provided written instructions and
training to board licensing staff regarding how to
record the existence of a DEA number in the licensing
database; however, DCBPL licensing staff did not
consistently follow the guidance. According to DCBPL
management, regular turnover in the board's licensing
examiner and licensing supervisor positions led to
inadequate training and oversight which contributed to
the finding.
Ms. Curtis interjected that it was important the licensing
database had accurate information to cross match with the
Controlled Substances Prescription database in order to
register. She moved to the second recommendation:
Recommendation No. 2: The board chair and DCBPL's
director should change the license renewal form to
allow the board to monitor compliance with continuing
education requirements.
Alaska Statute 08.72.181(d), effective July 1, 2018,
requires licensees holding a DEA number to complete at
least two hours of education in pain management and
opioid use and addiction during the two years
preceding the application for renewal. Auditors found
the board and DCBPL staff did not update the December
2020 renewal form to require licensees report
compliance with the new continuing
education requirement.
Recommendation No. 3: DCBPL's director should ensure
adequate resources are available to perform continuing
education audits.
Ms. Curtis elucidated that the audits were the divisions
method of internal control to ensure the licensees were
complying with continuing education requirements. Licensing
staff forwarded noncompliant licensees to the investigative
unit approximately two and a half years after the
compliance audit. According to DCBPL management, turnover
and multiple licensing staff vacancies contributed to the
finding. She highlighted managements response on Page 25.
She relayed that the commissioner concurred with the
conclusions and recommendations. The commissioner stated
that the licensing examiner position turned over 5 times
during the 3.5 year audit period and the licensing
supervisor turned over 4 times, which led to all three
findings. She reviewed the chair's response on Page 27. She
pointed to the second recommendation and reported that the
chair stated the deficiencies would be addressed before the
next licensing renewal cycle.
2:06:08 PM
Representative Josephson asked whether it came under the
auditor's purview to review the expansion of surgical
authority granted to optometrists in HB 103 [Optometry &
Optometrists - Chapter 17 SLA 17, 07/26/2017] in the 30th
legislature. Ms. Curtis answered that the issue was not
determined to be a risk area and therefore, they did not
spend any resources on the issue. Representative
Josephson asked if the auditors would have examined the
issue if it had been identified as a subject of concern.
Ms. Curtis replied that in the survey phase of the audit
that looked for complaints regarding the board it developed
fieldwork procedures to follow up on complaints and the
issue was not identified in the process.
Co-Chair Merrick indicated that Representative Rasmussen
joined the meeting.
2:07:08 PM
DR. DAMIEN DELZER, OD, CHAIRMAN BOARD OF EXAMINERS IN
OPTOMETRY (via teleconference), provided remarks. He shared
that he had served on the board for 8 years and the last 3
years served as chair. He reiterated the duties of the
board. He relayed that the board had implemented over 20
statutory changes over the last three years in areas such
as continuing education requirements including opioid
requirements, scope of practice, military exemptions,
modernizations of prescription requirements, and
modernization of emergency regulations during the pandemic.
He reported that there had been no reported Prescription
Drug Monitoring Program (PDMP) violations since his tenure
on the board. The board was self-funded and had minimized
travel expenses through the use of Zoom meetings over the
last 3 years. He noted that the board chair participated in
bi-weekly board chair meetings and PDMP meetings.
2:09:04 PM
DR. STEVEN DOBSON, OD, DIMOND VISION CLINIC, PAST PRESIDENT
OF ALASKA OPTOMETRIC ASSOCIATION (via teleconference),
supported the bill. He shared that he practiced optometry
in the state for 40 years and had served on the board in
the late 1980s and served as chair in the early 1990s. He
appreciated the importance of the board in protecting the
visual welfare of Alaskans. He indicated that the board
ensured practitioners met the high professional standards
set forward by the board. The board ensured that
optometrists in the state were trained in the most current
advances in the profession.
2:10:52 PM
Co-Chair Merrick asked the department to review the fiscal
note.
GLENN HOSKINSON, DIVISION OF CORPORATIONS, BUSINESSES AND
PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE, COMMUNITY
AND ECONOMIC DEVELOPMENT (via teleconference), reviewed the
published fiscal impact fiscal note for DCCED, DCBPL (FN 1
(CED). She relayed that the fiscal note represented the
cost of operating the board but not the operations of the
program. She reported that the fiscal noted showed the
appropriation of $15.2 thousand for travel for 7 board
members and 1 staff member, to attend four board meetings
per year and for additional expenses for services for
advertising of public notice of board meetings, training
and conference fees, and stipends for board members
attending board meeting in community of residence.
SB 186 was HEARD and HELD in committee for further
consideration.
Co-Chair Merrick noted the amendment deadline of May 5. She
reviewed the schedule for the following morning.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 186 Optometry Audit June 2021.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 186 |
| SB 186 Optometry Letters of Support _bundled as of 3.4.2022.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 186 |
| SB 186 Optometry Sponsor Statement 2.22.2022.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 186 |
| SB 193 Audit Summary.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 193 |
| SB 193 Explanation of Changes, version I to G.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 193 |
| SB 193 Full Audit.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 193 |
| SB 193 Sponsor Statement Version G.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 193 |
| SB 193_Letter of Support.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 193 |
| SB 151 Explanation of Changes.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 151 |
| SB 151 Research Audit Summary.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 151 |
| SB 151 Research Full Audit.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 151 |
| SB 151 Sponsor Statement.pdf |
HFIN 5/2/2022 1:30:00 PM |
SB 151 |