Legislature(2023 - 2024)BARNES 124
04/24/2024 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB375 | |
| SB196 | |
| SB228 | |
| HB385 | |
| HB325 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 325 | TELECONFERENCED | |
| += | HJR 27 | TELECONFERENCED | |
| += | HB 385 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 196 | TELECONFERENCED | |
| + | SB 228 | TELECONFERENCED | |
| += | HB 375 | TELECONFERENCED | |
SB 228-EXTEND BOARD OF MASSAGE THERAPISTS
4:40:33 PM
CHAIR SUMNER announced that the final order of business would be
SENATE BILL NO. 228, "An Act extending the termination date of
the Board of Massage Therapists; and providing for an effective
date."
4:40:47 PM
SENATOR JESSE BJORKMAN, Alaska State Legislature, as prime
sponsor, presented the sponsor statement for SB 228 [included in
committee packet], which read as follows [original punctuation
provided]:
Senate Bill 228 proposes to extend the sunset date of
the Board of Massage Therapists by six years. In the
fall of 2023, our Division of Legislative Audit
completed a sunset audit of the Board.
In this audit, it was determined that overall, the
Board has operated in the public's interest by
conducting its meetings in an effective manner as well
as actively amending regulations to address statutory
changes, improving the licensing process, and
enhancing public safety.
As you make an in-depth review the audit, you will see
our auditor made note of four issues which should be
addressed by the Board and the Department as it moves
forward. First, the Department staff should help
develop standards to ensure license approvals are not
based on outdated documentation; the Commissioner
should work to improve recruitment and retention of
investigators as well as DCBPL licensing staff and the
Board should give consideration to increasing
licensing fees.
Currently, the Board will sunset on June 30, 2024. To
allow the Board to continue working in the public
interest, SB 228 follows the recommended six-year
extension to June 30, 2030.
I urge your support of this legislation.
4:43:21 PM
ANNETTA ATWELL, Chair, Board of Massage Therapists, provided
additional context as to the Board of Massage Therapists' ("the
board") pursuit of extension, per SB 228. She explained that
three of the four areas of concern identified by Kris Curtis,
legislative auditor, would be borne by the Division of
Corporations, Business and Professional licensing (DCBPL). The
fourth item, which suggests raising the licensing fee to keep
the board from incurring additional debt, is a concern that the
board shares. She said the board would work with the state to
establish fees that are justified for correct spending and
assured the committee that the increase would occur at the end
of the year. She added that the board would continue to meet
quarterly and thanked the legislature for working with her as
she transitioned into her new role as chair. She said the
following items would help her efficiently lead the board:
identifying key staff members to streamline questions and
pursuing communication with other committees. She noted that
statutes and regulations concerning the board's scope of
practice would be addressed in the June quarterly meeting.
4:47:35 PM
REPRESENTATIVE FIELDS said he would be comfortable with voting
to advance the executive order (EO) now, given the breadth of
discussion and testimony on the board.
CHAIR SUMNER said he would prefer to give the committee the
opportunity to amend the bill first.
4:48:46 PM
REPRESENTATIVE RUFFRIDGE asked whether Ms. Curtis had anything
to add with regard to the audit.
KRIS CURTIS, Legislative Auditor, Legislative Audit Division,
Legislative Agencies and Offices, noted that the following
recommendations were repeatedly seen across occupational board
audits this year: recommending that the commissioner work with
policy makers to improve recruitment and retention; recommending
an increase in fees; recommending that documents older than six
months be resubmitted.
REPRESENTATIVE RUFFRIDGE asked what the lack of funds is
attributable to.
MS. CURTIS directed attention to Exhibit 3 on page 9 of the
board's sunset audit [included in the committee packet], noting
that the board was awarded "quite a bit" of general funds to
help mitigate the financial impact of the COVID-19 Pandemic,
which caused many boards to delay a fee increase. In addition,
a request by the Department of Commerce, Community & Economic
Development (DCCED) to shift the funding source for all
investigation costs to the general fund (GF) was denied by the
legislature last year. As a result, the December 2023 renewal
cycle did not include a fee increase, as management believed
that investigative costs would have been borne by the GF and as
such, did not have time to re-do their funding analysis.
4:51:48 PM
REPRESENTATIVE CARRICK questioned whether staff challenges and
investigations are specific to this board or whether the
legislature could expect to see them in other audits for board
extensions going forward.
MS. CURTIS said it's a typical challenge that's become more
frequent in recent years. She noted that generally, when a
board has a general administrator, there is lower turnover.
REPRESENTATIVE CARRICK asked whether the general administrator
works for DCBPL or the board.
MS. CURTIS clarified that [the Board of Massage Therapists] does
not a general administrator; however, some boards have a
dedicated executive administrator in statute, which is a higher
paid position than typical occupational licensing staff.
4:53:56 PM
REPRESENTATIVE PRAX asked Ms. Robb for feedback on the audit.
SYLVAN ROBB, Director, Division of Corporations, Business, and
Professional Licensing (DCBPL), Department of Commerce,
Community & Economic Development (DCCED), acknowledged that the
division faced severe staffing challenges during the pandemic
with a 35 percent vacancy rate on the professional licensing
team. She reported that staffing shortages have improved
resulting in better training and oversight for new staff. She
anticipated that the change in fees would be addressed in the
board's next renewal.
REPRESENTATIVE PRAX asked whether a dedicated administrator
would be warranted for the board.
MS. ROBB said the board does not require that level of support.
She explained that staffing is in a good place, adding that the
division has worked to reclassify some positions to create
higher levels of oversight for boards without executive
administrators.
REPRESENTATIVE PRAX asked whether the committee should schedule
a time to hear from the board.
MS. ROBB said that would be a policy call.
4:58:26 PM
CHAIR SUMNER announced that SB 228 would be held over.