Legislature(2005 - 2006)BELTZ 211
02/14/2006 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB244 | |
| SB222 | |
| SB177 | |
| SB255 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 177 | TELECONFERENCED | |
| *+ | SB 255 | TELECONFERENCED | |
| += | SB 244 | TELECONFERENCED | |
| += | SB 222 | TELECONFERENCED | |
SB 255-OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT
CHAIR CON BUNDE announced SB 255 to be up for consideration.
TOM MAHER, staff to Senator Therriault, explained that SB 255
extends the sunset date for the Board of Examiners from June 30,
2006 to June 30, 2014 as per the Legislative Audit's conclusion.
He recapped that last year the legislature passed some changes
to the sunset process. One was changing the standard sunset from
four years to not to exceed eight, although the legislature
could go with any date it wants.
Two more criteria were added to the auditor's job because
sunsets are becoming less about eliminating the entity and more
about measuring operational performance. Those criteria are the
extent to which the board or commission has effectively attained
its objectives, the efficiency with which it's operated and the
extent to which the board or commission is duplicating other
agencies' work.
On page 7 of the report, recommendation 2, recommended that the
legislature amend optometry statutes to ensure they support
current license endorsements for the diagnostic use of
pharmaceutical agents. He explained:
Currently, language provides for a single endorsement
for both prescribed and use. However, the Board of
Examiners in Optometry is issuing two types of
endorsements. The first allows a practitioner both
prescribed and use pharmaceutical agents and the
second type allows a practitioner use only. Current
law does not authorize the use-only endorsement. SB
255 corrects this situation by adding a section
authorizing a use only endorsement and also
grandfathers in the practitioners that were given that
endorsement over the years - since, I believe, 1992.
MR. MAHER noted that the Department of Commerce, Community &
Economic Development supported SB 255. The Board's response was
not clear and he hoped that would be addressed today. He said,
But our intent with the legislation is pretty simple.
We want to change the law to make current practices
legal. We want to grandfather license holders in and
make sure we don't leave any practitioners out. That
could have an impact on the number of providers
serving the public and, hopefully, maximize the number
of practitioners that can practice in Alaska.
2:30:58 PM
RICK URION, Director, Division of Corporations, Business and
Professional Licensing, supported SB 255.
CHAIR BUNDE moved to adopt Amendment 1 as follows:
On page 2, line 25 insert a new section to read:
Sec. 6 AS 08.72.181(d) is amended to read:
(d) Before a license may be renewed, the licensee
shall submit to the board evidence of [24 HOURS OF]
postgraduate continuing education instruction as
prescribed by regulations of the board. The board may
specify by regulation those circumstances under which
the requirements of this subsection may be waived.
Renumber remaining bill sections.
CHAIR BUNDE objected for discussion purposes.
MR. URION stated that the amendment was suggested by the board
and removes the 24-hour requirement for continuing education and
allows the department to do that in regulation, which is how all
other licensing programs are handled.
CHAIR BUNDE asked if the regulation would require an equal
amount of continuing education time as the statute does.
MR. URION replied yes, but that could be adjusted as necessary.
2:32:43 PM
SENATOR SEEKINS asked if the department could set up his own
rules and change them whenever it wanted to.
MR. URION replied that they are required to have continuing
education by statute, but the hours are typically set forth in
regulation and he didn't think they would be any less than what
they are now. He said that all the continuing education
requirements are consistently being made in regulation.
SENATOR SEEKINS said he didn't object to that, but the new
language looks like it would be allowing regulation to trump
statute. "So, we don't specify how many hours and they can
change it whenever they want to." He wanted to know why the
requirement for a certain numbers of hours was being deleted,
since they are providing a guideline of at least 24 hours.
MR. URION suggested that the last sentence could be deleted if
Senator Seekins would be more comfortable with that language.
CHAIR BUNDE said he wanted Mr. Stancliff's and Ms. Davidson's
reaction to the proposed amendment.
2:36:01 PM
MR. STANCLIFF responded that in general they are careful with
addressing amendments in sunset bills - because of complaints
that some have become vehicles for too much. The chair of
Legislative Budget and Audit said, because the language was
suggested by the department and because it was addressed in the
audit report and both responses from the department and the
board, he had no opposition to it. Senator Seekins' question was
new and that last sentence could be deleted.
PAT DAVIDSON, Division of Legislative Audit, explained that
having continuing education requirements is very typical.
However, often times minimum hours are not specified. Typically,
regulations detailed hours, particular courses and that sort of
thing, rather than statue. Waiving CPE requirements is not
totally uncommon for extended illness and various other things,
but is totally up to the committee whether it wants to delegate
that authority to the board.
SENATOR SEEKINS moved Amendment 1 to Amendment 1 to delete: "The
board may specify by regulation those circumstances under which
the requirements of this subsection may be waived." He did not
think it was the legislature's intent to waive the ability to
require continuing education.
There were no objections and Amendment 1 to Amendment 1 was
adopted.
CHAIR BUNDE asked if anyone objected to adopting Amendment
1(am). There were no objections and it was so ordered.
2:40:19 PM
SENATOR SEEKINS moved to report CSSB 255(L&C) from committee
with individual recommendations with the forthcoming fiscal
note. Senators Bens Stevens, Ellis, Seekins Davis, and Chair
Bunde voted yea; and it was so ordered.
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