Legislature(2021 - 2022)SENATE FINANCE 532
03/21/2022 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB186 | |
| SB190 | |
| SB222 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 186 | TELECONFERENCED | |
| + | SB 190 | TELECONFERENCED | |
| + | SB 222 | 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."
9:06:33 AM
TIM LAMKIN, STAFF, SENATOR GARY STEVENS, stated that the
bill was self-explanatory.
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, discussed the audit for the Board of
Examiners in Optometry (copy on file). She explained that
the audit concluded that the board conducted its meetings
in compliance with state law, effectively licensed
optometrists, and actively amended regulation to implement
statutory changes and to improve the license process. She
said that the audit also found that the audit also found
that the Division of Corporations, Businesses, and
Professional Licensing (DCBPL) staff failed to operate in
the publics interest by not consistently recording the
existence of a DEA number in DCBPL licensing database, by
not ensuring that continuing education audits were
conducted in a timely manner, and by not effectively
monitoring licensee compliance with continuing education in
pain management and opioid use and addiction. She said her
division recommended that the board be extended 6 years,
which was 2 years less than the 8-year maximum allowed for
in statute. She stated the reduced extension recommendation
reflected the need for more timely oversight considering
the audit findings. She turned to Page 9 of the audit,
which showed the standard licensing statistics. She relayed
that as of January 2021, there were 218 licensed
optometrists, reflecting an increase of 18 percent when
compared to the prior 2013 sunset audit. She cited Page 10,
which showed the schedule of board revenues and
expenditures. She furthered that as of January 2021, the
board had a deficit of approximately $52,000. She stated
that a fee increase had been recommended in April 2020;
however, fees had not been increased due to a directive
from the governors office to freeze the fee increased for
occupational boards to help mitigate the impact from the
Covid 19 pandemic. She relayed that the board had the
following recommendations:
Recommendation No. 1:
DCBPL's director should dedicate resources to ensure
licensees holding a DEA number are consistently
recorded in the licensing database.
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.
Recommendation No. 3:
DCBPL's director should ensure adequate resources are
available to perform continuing education audits.
Ms. Curtis spoke to each recommendation. She directed
committee attention to DCBPLs management response to the
recommendations, found on Page 25. She relayed that the
Commissioner of the Department of Commerce, Community, and
Economic development agreed with the conclusions and
recommendations and had reported that the Licensing
Examiner position had turned over 5 times during the three-
and-a-half-year audit period, while the Licensing
Supervisor position had turned over 4 times. She related
that the turnover in those positions was what had led to
the audit findings. She noted the chairs response on Page
27, who reported that the issues would be addressed before
the next license renewal cycle.
Senator Wilson wondered whether the findings were most
related to the staff or licensees.
Ms. Curtis replied that the findings mainly circulated
around the division's performance. She added that in the
case of the licensing form, the board and the staff
reviewed the form, which was deficient.
Senator Olson wondered whether patients eye health had
suffered due to the deficiencies found in the audit.
9:12:51 AM
Ms. Curtis replied that it would be impossible to respond
to the question. She offered that no specific public health
implications had been conclusive.
Senator Olson recalled the freeze on the licensing fees. He
mentioned the increasing fees for veterinarians. He
wondered whether they had been subject to the freeze.
Ms. Curtis understood that all boards had been under the
freeze. She deferred to the DCBPL director.
SARA CHAMBERS, DIVISION DIRECTOR, CORPORATION, BUSINESS AND
PROFESSIONAL LICENSING, replied to Senator Olson's
question, and stated that all boards and non-boarded
licensing program were subject to the freeze during the
pandemic. She did that any needed fee increased had been
offset in FY21, FY22, and proposed FY23, with General
Funds. She said that the veterinary board and the optometry
board would receive money to prevent another fee increase
for the time being.
9:15:01 AM
Senator Olson wondered whether there was an anticipated fee
increase for optometrists.
Ms. Chambers replied that one of the budget requests for
FY23 would fund a proposal to the legislature to research
how fees were assessed. She stated that putting 100 percent
of the investigative and administrative fees on licensees
was a burden for licensees. She hoped that that policy
could be changed for fairness and stability.
Senator Olson mentioned drugs prescribed my optometrists
and asked whether the optometrists were subject to the
Prescription Drug Monitoring Program (PDMP).
Ms. Chambers replied that if the optometrist had a Drug
Enforcement Agency (DEA) License they were subject to the
program.
Senator Olson asked whether there had been any complaints
made to the division of compromised eye health.
Ms. Chambers replied in the negative.
Senator von Imhof recalled that there had been no filings
for malpractice or patent complaints since the last audit.
Ms. Chambers agreed to provide more conclusive information.
She remarked that during the current audit period there had
been some disciplinary action taken due to non-compliance
with the audits.
9:17:48 AM
Senator von Imhof wondered who should pay for the
investigative and administrative expenses other than the
licensees. She asked whether general funds were to be used
this one time, to fill the gap, or was it expected the
state would pay into the future.
Ms. Chambers replied that the issue was under discussion
for the next legislative session. She said it would be up
to the administration and the legislature to determine
whether the current model was working. She knew that
various fee funding structures were used in the country.
Co-Chair Bishop wondered what the exit surveys had revealed
about why people left the field.
Ms. Chambers replied that people in the field were trained
to rise in position to manage boards and customer services.
She said that often junior to mid-range people would move
up to higher positions in other agencies. Some moved out of
state. She noted that the position was not a full-time job.
9:21:13 AM
Co-Chair Bishop felt that perhaps the administration should
increase the PCN to have continuity in safety and health.
Ms. Chambers replied that there was a strategy to
restructure the professional licensing section, which could
include some reclassifications. She said that licensing
numbers were increasing, and additional positions could be
useful. She stated that the FY 23 budget included two new
PCNs for programs that may allow the program, and others,
some flexibility. She said that high turnover in several
state agencies was creating healthy conversation.
DR. DAMIEN DELZER, CHAIR, ALASKA BOARD OF EXAMINERS AND
OPTOMETRY, FAIRBANKS (via teleconference), spoke in support
of the legislation.
9:24:36 AM
STEVE DOBSON, SELF, ANCHORAGE (via teleconference),
testified in support of the legislation. He acknowledged
Dr. Delzer for his leadership on the board.
Co-Chair Bishop OPENED and CLOSED public testimony.
Co-Chair Bishop announced an amendment deadline of March
23, 2022.
SB 186 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 186 Optometry Sponsor Statement 2.22.2022.pdf |
SFIN 3/21/2022 9:00:00 AM |
SB 186 |
| SB 186 Optometry Audit June 2021.pdf |
HL&C 4/25/2022 3:15:00 PM SFIN 3/21/2022 9:00:00 AM |
SB 186 |
| SB 186 Optometry Letters of Support _bundled as of 3.4.2022.pdf |
SFIN 3/21/2022 9:00:00 AM |
SB 186 |
| SB 190 v. I Sectional Analysis.pdf |
SFIN 3/21/2022 9:00:00 AM SFIN 3/30/2022 9:00:00 AM |
SB 190 |
| SB 190 Explanation of Changes version A to I.pdf |
SFIN 3/21/2022 9:00:00 AM |
SB 190 |
| SB 190 Support Document- Legislative Audit RCA Sunset Review 9.21.21.pdf |
SFIN 3/21/2022 9:00:00 AM SFIN 3/30/2022 9:00:00 AM |
SB 190 |
| SB 190 v. I Sponsor Statement.pdf |
SFIN 3/21/2022 9:00:00 AM SFIN 3/30/2022 9:00:00 AM |
SB 190 |
| SB 222 Sponsor Statement for Senate Bill 222.pdf |
SFIN 3/21/2022 9:00:00 AM |
SB 222 |
| SB 222 Audit Report 02.17.2022.pdf |
SFIN 3/21/2022 9:00:00 AM |
SB 222 |
| SB 222 Sectional Analysis.pdf |
SFIN 3/21/2022 9:00:00 AM |
SB 222 |