02/07/2002 01:35 PM Senate L&C

          SB 244-OPTOMETRISTS: SUNSET AND MISCELLANEOUS                                                                     
                                                                                                                              
CHAIRMAN BEN STEVENS called the Senate Labor & Commerce Committee                                                             
meeting to order at 1:35 p.m. and announced SB 244 to be up for                                                                 
consideration.                                                                                                                  
                                                                                                                                
SENATOR AUSTERMAN moved to adopt CSSB 244 (L&C), 22-LS1267\C,                                                                   
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
MS. HEATHER BRAKES,  Staff to Senator Therriault,  Chairman of the                                                              
Budget and  Audit Committee and sponsor  of SB 244,  explained the                                                              
changes  in   the  committee  substitute.  Section   2  implements                                                              
recommendation  #4 of the  Audit Report  eliminating reference  to                                                              
the  state  exam  and  mandates  an  exam  designed  to  test  the                                                              
applicants' knowledge of Alaska's law in optometry.                                                                             
                                                                                                                                
Section 3 addresses  recommendation #2 of the  Audit, implementing                                                              
full licensure by credentials with  requirements acceptable to the                                                              
Board,  such  as education,  current  licensure,  active  clinical                                                              
practice   and  no   pending  disciplinary   actions  in   another                                                              
jurisdiction.                                                                                                                   
                                                                                                                                
Section 4 has no changes from the previous hearing.                                                                             
                                                                                                                                
She  worked  on  this  language   with  the  Legislative  Auditor,                                                              
Director  of Occupational  Licensing and  Dr. Christianson  on the                                                              
Board of Examiners and Optometry.                                                                                               
                                                                                                                                
DR. CHRISTIANSON said the Board could live with this language.                                                                  
                                                                                                                                
SENATOR  DAVIS moved  to adopt  amendment #1  which inserts:  "The                                                              
department  may require the  applicant to  submit a photograph  of                                                              
the applicant  for its  files, however the  photograph may  not be                                                              
forwarded with the application to the board for review."                                                                        
                                                                                                                                
SENATOR LEMAN commented:                                                                                                        
                                                                                                                                
     I think we're  making much ado about  nothing…If someone                                                                   
     comes into an  office and interviews for a  job, you see                                                                   
     what  they look  like. You see  a person.  I don't  know                                                                   
     where  the thought  is coming  from,  that somebody  has                                                                   
     this idea and this amendment  is sort of propagating it,                                                                   
     that if we  see what somebody looks like,  then we might                                                                   
     discriminate against  them. Maybe because I  don't think                                                                   
     that  way, I  don't  know why  others  are so  concerned                                                                   
     about it, but maybe this is  a problem in the workplace.                                                                   
     I don't know.                                                                                                              
                                                                                                                                
SENATOR DAVIS stated:                                                                                                           
                                                                                                                                
     When we received  this package, it was  recommended that                                                                   
     it not be  in there at all. Upon your amendment,  it was                                                                   
     taken out. I  feel that it should be changed.  I was the                                                                   
     only one  that felt that it  should have stayed  the way                                                                   
     it was  and I was willing  to bring back  this amendment                                                                   
     this way  rather than  do it  somewhere else. Because  I                                                                   
     see that there's nothing wrong  with this going in there                                                                   
     that  way.  I  don't  know   if  somebody  is  going  to                                                                   
     discriminate  or not discriminate,  but they could.  And                                                                   
     even though  you might  not feel  that way doesn't  mean                                                                   
     that everybody  else feels that  way. I didn't  say that                                                                   
     you  took   it  out  because  you  were   discriminating                                                                   
     against.  I felt  that what  you did was  making an  ado                                                                   
     about nothing when  you three men voted to  take it out,                                                                   
     but since  I was in the  minority, you had the  vote; it                                                                   
     came out.  So, now I'm bringing  it back in  a different                                                                   
     manner.  You  would still  have  a  picture there  so  a                                                                   
     person could  be identified when they get  ready to take                                                                   
     the test.  Somebody can  identify who  they are. I  fill                                                                   
     out applications  all the time  and nobody has  asked me                                                                   
     to give a picture. So, what's  so good about having that                                                                   
     stuck in here.  Around the nation they're  not doing it.                                                                   
     The National  Board does not  recommend that that  be in                                                                   
     there. So we're doing something  over and above what the                                                                   
     National Board wants. I take  exception to the fact that                                                                   
     you would  say that I'm  making much ado about  nothing,                                                                   
     because I  could say the very  same thing when  you made                                                                   
     the motion last week.                                                                                                      
                                                                                                                                
SENATOR LEMAN responded: "You just proved my point."                                                                            
                                                                                                                                
CHAIRMAN  STEVENS  asked if  there  were any  further  objections.                                                              
There were no objections and amendment #1 was adopted.                                                                          
                                                                                                                                
SENATOR  AUSTERMAN moved  to pass  CSSB 244  (L&C) from  committee                                                              
with individual  recommendations. There were no  objections and it                                                              
was so ordered.