03/11/2010 01:30 PM Senate LABOR & COMMERCE

         SB 263-EXTEND BOARD OF PROFESSIONAL COUNSELORS                                                                     
                                                                                                                                
1:43:46 PM                                                                                                                    
CHAIR PASKVAN announced that SB 263 was up for consideration.                                                                   
                                                                                                                                
SENATOR MEYER joined the committee.                                                                                             
                                                                                                                                
1:44:27 PM                                                                                                                    
JOSH APPLEBEE,  staff to Senator  Meyer, sponsor of SB  263, said                                                               
Legislative Audit  recommended extending this board  to 2018. Two                                                               
additional recommendations  related to  increasing administrative                                                               
support  and addressing  investigations in  a timely  manner. The                                                               
department is upgrading its systems  now, he reported, and should                                                               
have them  up and  running within  a month  and that  should help                                                               
address the recommendations.                                                                                                    
                                                                                                                                
1:45:45 PM                                                                                                                    
PAT DAVIDSON,  Auditor, Division  of Legislative Audit,  said the                                                               
objective  of  the  audit  was  to  determine  if  the  board  is                                                               
operating in  the public's  interest and she  found that  was the                                                               
case and  that the  termination date should  be extended  to June                                                               
30, 2018. She said the  report included four recommendations, two                                                               
of them  were very  common to  the sunset  reviews they  will see                                                               
this   year.   One   is  that   the   board   needed   additional                                                               
administrative support and  the second is that the  Office of the                                                               
Governor needs to appoint board members in a timelier manner.                                                                   
                                                                                                                                
Two  additional recommendations  had to  do with  investigations.                                                               
The  first one  was  that overall  the  system doesn't  highlight                                                               
inactive cases. So,  they sort of fall off of  people's radar and                                                               
nothing happens. So,  if you're going to be  diligent at deciding                                                               
who you're  going to  license, you  also need  to be  diligent in                                                               
making    sure   they    are    upholding   their    professional                                                               
responsibilities.                                                                                                               
                                                                                                                                
The second  recommendation had to do  with dropped communications                                                               
between   the   licensee,   licensing  examiner,   the   division                                                               
investigators,  and the  board. It  had to  do with  a particular                                                               
complaint where  the licensing examiner received  some additional                                                               
information  from  the licensee  that  clearly  should have  been                                                               
passed along to the investigation  section. This mistake was that                                                               
the examiner believed that the  investigation section already had                                                               
the  information; however,  the board  doesn't typically  involve                                                               
itself  with the  paperwork surrounding  license renewals  and it                                                               
fell   through   the  cracks.   It   shouldn't   have.  So,   the                                                               
recommendation   is   to   have  the   licensing   examiners   be                                                               
communicating  with   investigators  even   if  they   think  the                                                               
information is redundant.                                                                                                       
                                                                                                                                
CHAIR PASKVAN  asked if she  was confident that they  listened to                                                               
that message.                                                                                                                   
                                                                                                                                
MS. DAVIDSON replied yes.                                                                                                       
                                                                                                                                
1:48:25 PM                                                                                                                    
JENNIFER    STRICKLER,    Operations   Manager,    Division    of                                                               
Corporations, Business and  Professional Licensing, Department of                                                               
Commerce, Community  and Economic  Development (DCCED),  said she                                                               
supported SB 263. She reported  that this board is also operating                                                               
with  a credit.  Administrative  improvements have  been made  as                                                               
noted  in the  audit. Addressing  recommendations two  and three,                                                               
she  said the  division  is  in the  process  of  working with  a                                                               
contractor  in securing  a  new case  management  system, so  all                                                               
those points would be satisfied.                                                                                                
                                                                                                                                
1:50:29 PM                                                                                                                    
EMILY  ZIMBRICH, Vice  Chair, Board  of Professional  Counselors,                                                               
said  they currently  have 442  licensed professional  counselors                                                               
and the board is  there for the safety of people  who come in for                                                               
counseling and  therapy, and  to keep  the profession  current on                                                               
the   different   ethics   laws,   confidentiality,   and   other                                                               
miscellaneous issues. They are a very viable board.                                                                             
                                                                                                                                
1:51:29 PM                                                                                                                    
CHAIR PASKVAN closed public testimony.                                                                                          
                                                                                                                                
SENATOR BUNDE said this is the  third or fourth time Ms. Davidson                                                               
testified before the  committee this year, and he  wanted to take                                                               
this  opportunity to  thank her  for the  good job  she had  done                                                               
since she was appointed several years ago.                                                                                      
                                                                                                                                
1:52:09 PM                                                                                                                    
SENATOR  MEYER  moved  to  report  SB  263  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
1:52:33 PM                                                                                                                    
CHAIR PASKVAN announced an at ease from 1:52 p.m. to 1:54 p.m.