03/15/2016 03:30 PM Senate EDUCATION

          SB 190-EXEMPTION FROM POST-SECONDARY ED REGS                                                                      
                                                                                                                                
4:45:12 PM                                                                                                                    
CHAIR DUNLEAVY  announced the  consideration of  SB 190.  He said                                                               
public testimony was open.                                                                                                      
                                                                                                                                
4:45:37 PM                                                                                                                    
DIANE   BARRANS,  Executive   Director,   Alaska  Commission   on                                                               
Postsecondary  Education, presented  information on  SB 190.  She                                                               
said she  wanted to add  to the written testimony  she previously                                                               
provided. She  related that though  the objective of the  bill is                                                               
narrow  in  scope,  the  structure  of the  bill  creates  a  new                                                               
category of exemption that could  be wide in scope. She explained                                                               
that the objective  of authorizing institutions to  operate is to                                                               
ensure  that those  fields  that are  vocational  in nature  have                                                               
standards in  place that  are reviewed and  that they  ensure the                                                               
health and  safety of  the consumer. They  must also  be fiscally                                                               
sound  and  the  personnel  delivering  the  training  must  meet                                                               
standards and  the student must  be appropriately advised  of the                                                               
likelihood  of the  training leading  to gainful  employment. She                                                               
explained that  exempting a category  of schools where  the state                                                               
does not  regulate the  occupation or  profession, leaves  a wide                                                               
swatch of programs that receive no oversight or regulation.                                                                     
                                                                                                                                
4:48:26 PM                                                                                                                    
MS. BARRANS addressed the types  of programs that might fall into                                                               
this exempt  category due to  the proposed  legislation. Programs                                                               
that are currently authorized, but  that would no longer be under                                                               
this  legislation,   would  be  certificated  programs   such  as                                                               
computer  technician,   media,  medical   office,  administrative                                                               
assistant,   medical   assistant,   hospitality,   heating,   air                                                               
conditioning,   paralegal,   welding,  business   administration,                                                               
phlebotomists,  insurance   coding  and  billing,   and  aircraft                                                               
dispatching. If those programs were  not regulated it would be an                                                               
opportunity for  individuals to  come in  and charge  tuition for                                                               
programs that do not lead to employment.                                                                                        
                                                                                                                                
4:50:20 PM                                                                                                                    
SENATOR  GIESSEL asked  about  the  certified medical  assistance                                                               
programs.                                                                                                                       
                                                                                                                                
MS.   BARRANS  clarified   that  medical   office  administrative                                                               
assistant,  medical assistant,  and  phlebotomists are  currently                                                               
regulated as occupations or professions.                                                                                        
                                                                                                                                
SENATOR GIESSEL  noted that medical assistants  staff offices and                                                               
often administer vaccines to children.                                                                                          
                                                                                                                                
4:51:22 PM                                                                                                                    
SENATOR STEVENS asked if currently phlebotomists are regulated.                                                                 
                                                                                                                                
MS. BARRANS said yes.                                                                                                           
                                                                                                                                
SENATOR  STEVENS summarized  that the  concern is  that the  bill                                                               
would unregulate them.                                                                                                          
                                                                                                                                
MS. BARRANS said yes.                                                                                                           
                                                                                                                                
SENATOR STEVENS asked what the  solution might be. It makes sense                                                               
not to have yoga teachers included.                                                                                             
                                                                                                                                
MS. BARRANS  related that  there are  four yoga  teacher training                                                               
programs that  are authorized in the  state. One is a  program at                                                               
Alaska Pacific  University. Yoga teacher training  programs are a                                                               
relatively new vocational area in  Alaska. The concern is that if                                                               
there are  individuals that  are taking the  program in  order to                                                               
have a  profession they are  a vocational program.  However, Yoga                                                               
Alliance  does  not   intend  their  program  to   result  in  an                                                               
occupation.  If  they  don't  title   the  course  "Yoga  Teacher                                                               
Training" or if  they disclosure to students that  the class will                                                               
not  prepare them  for professional  teaching, then  it is  not a                                                               
vocational program. But, those  were considerations Yoga Alliance                                                               
did  not  feel  they  could  make in  order  to  be  exempt  from                                                               
regulations.  She suggested  yoga teachers  could be  singled out                                                               
for exemption  or there might  be a way of  describing conditions                                                               
that would apply. She said she  has not developed any language to                                                               
that effect.                                                                                                                    
                                                                                                                                
SENATOR STEVENS did not think yoga was a career.                                                                                
                                                                                                                                
MS. BARRANS said yoga is a  profession and the teacher is usually                                                               
a  sole practitioner  or with  a  practice of  multiple types  of                                                               
training in  a gym or studio.  It is a small  business operation,                                                               
as  is the  case with  the  yoga programs  already authorized  in                                                               
Alaska. They have yoga studios and yoga teacher training.                                                                       
                                                                                                                                
4:55:21 PM                                                                                                                    
SENATOR  STEVENS  suggested coming  up  with  wording that  makes                                                               
sense.                                                                                                                          
                                                                                                                                
SENATOR GARDNER agreed.                                                                                                         
                                                                                                                                
4:55:57 PM                                                                                                                    
DIANE  BLUMER,   Staff,  Senator  Lesil  McGuire,   Alaska  State                                                               
Legislature,  presented information  on  SB 190.  She offered  to                                                               
provide new language in discussion  with ACPE. She noted that she                                                               
had originally  thought yoga teachers were  already covered under                                                               
the exemption and said it was an interpretation issue.                                                                          
                                                                                                                                
CHAIR DUNLEAVY held SB 190 in committee.                                                                                        
                                                                                                                                
SENATOR HUGGINS complimented Ms. Barrans for her work.