Legislature(2005 - 2006)HOUSE FINANCE 519

04/20/2006 01:30 PM House FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 253 EXTEND BOARD OF CHIROPRACTIC EXAMINERS TELECONFERENCED
Moved Out of Committee
+ SB 254 EXTEND PT & OCCUPATIONAL THERAPY BOARD TELECONFERENCED
Moved Out of Committee
+ SB 255 OPTOMETRY: EXTEND BD/LIC. ENDORSEMENT TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 29 HEALTH CARE INSUR./COMP HEALTH INS. ASSN TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 04/19/06>
+= SB 200 USE OF FORCE TO PROTECT SELF/HOME TELECONFERENCED
Heard & Held
CS FOR SENATE BILL NO. 255(FIN)                                                                                               
                                                                                                                                
     An  Act extending  the termination  date and duties  for                                                                   
     the  Board  of  Examiners  in  Optometry;  amending  the                                                                   
     licensing,  endorsement,   and  renewal  provisions  for                                                                   
     optometrists; and providing for an effective date.                                                                         
                                                                                                                                
3:28:48 PM                                                                                                                    
                                                                                                                                
TOM MAHER, STAFF, SENATOR GENE  THERRIAULT, explained that SB
255 relates to the termination  date and duties for the Board                                                                   
of   Examiners   in  Optometry;   amending   the   licensing,                                                                   
endorsement,  and  renewal provisions  for  optometrists  and                                                                   
providing for an effective date.                                                                                                
                                                                                                                                
Sec. 1 of extends  the sunset date of the Board  of Examiners                                                                   
in Optometry  from June  30, 2006  to June  30, 2014  per the                                                                   
audit  conclusions  contained  in the  report.    Legislative                                                                   
Audit  concluded that  the Board  of  Examiners in  Optometry                                                                   
continues  to serve  a public  need and is  operating in  the                                                                   
public interest.   The regulation and licensing  of qualified                                                                   
optometrists  is necessary  to protect  the public's  health,                                                                   
safety and welfare.  The Board  of Examiners in Optometry has                                                                   
operated   effectively,   adopted  regulatory   changes   and                                                                   
supported  legislation that  improved  its oversight  process                                                                   
and   promoted   more  effective   regulation   of   licensed                                                                   
optometrists.   The Auditor's recommendation provides  for an                                                                   
eight-year sunset extension to June 30, 2014.                                                                                   
                                                                                                                                
Sections 5,  6, 9, 10, &  12 incorporate the  recommendations                                                                   
by   the  Legislative   Auditor  concerning   a  problem   on                                                                   
licensing.   The  Auditor recommended  the Legislature  amend                                                                   
the   optometry   statutes   to    ensure   current   license                                                                   
endorsements  for   the  diagnostic  use   of  pharmaceutical                                                                   
agents.  Currently, statutory  language provides for a single                                                                   
   endorsement to both  prescribe and use.   However, the Board                                                                 
   of Examiners  in  Optometry  is  now  issuing  two  types  of                                                                
   endorsements:                                                                                                                
                                                                                                                                
     · The first allows a practitioner to both prescribe and                                                                    
        use pharmaceutical agents, and                                                                                          
     · The second allows a practitioner "use" only.                                                                             
                                                                                                                                
   Current law does not authorize the use only endorsement.   SB
   255 corrects that  situation by adding  sections authorizing                                                                 
   the  use   only  endorsement   and  "grandfathers"   in   the                                                                
   practitioners  that  were  given  the endorsement   over the                                                                 
   years.                                                                                                                       
                                                                                                                                
   Mr. Maher  continued, the  legislation  changes law  to make                                                                 
   current practices  legal, grandfather's  license holders in,                                                                 
   and makes sure  no practitioners  are left  out, which could                                                                 
   have an  impact  on  the  number  of  providers  serving the                                                                 
   public, maximizing  the  number  of  practitioners  that  can                                                                
   practice in Alaska.                                                                                                          
                                                                                                                                
   The  rest   of  the   legislation   contains  "housekeeping"                                                                 
   recommendations  that   were  approved  by   the  Board  and                                                                 
   supported by  the Department.   Section  2 deletes  the word                                                                 
   "President" as the Board actually has a "Chair".                                                                             
                                                                                                                                
   Mr. Maher discussed,  Sections 3 & 4,  allowing the Board  to                                                                
   better protect  the  public  by  improving  the  handling  of                                                                
   disciplinary actions.                                                                                                        
                                                                                                                                
   Section 7 deletes  the statutory cite  requiring 24 hours  of                                                                
   continuing  education  instruction,  allowing  the  Board  to                                                                
   establish through  regulation, the  number of  hours without                                                                 
   amending statute.   The amendment was  requested in response                                                                 
   to the audit and is similar to other boards.                                                                                 
                                                                                                                                
   Section 8  removes the  "branch office"  reference  as it  no                                                                
   longer exists.                                                                                                               
                                                                                                                                
   Mr. Maher  pointed out  the fiscal  note by the  Division  of                                                                
   Occupation  Licensing;   the   legislation  will   incur   no                                                                
   additional costs beyond those  already contained in the  FY07                                                                
   Governor's operating  budget  request.   The Board  is self-                                                                 
   supporting thru the receipt of member fees.                                                                                  
                                                                                                                                
   3:32:51 PM                                                                                                                 
                                                                                                                                
   Representative Weyhrauch  asked if  an effort  had ever  been                                                                
   made to combine some of the boards.                                                                                          
                                                                                                                                
   PAT  DAVIDSON,   LEGISLATIVE   AUDITOR,   LEGISLATIVE  AUDIT                                                                 
   DIVISION, replied that they have  not looked at that per se;                                                                 
they   had   attempted   to   combine   the   Mental   Health                                                                   
professionals, which did not go well.                                                                                           
                                                                                                                                
3:34:36 PM                                                                                                                    
                                                                                                                                
Representative Kerttula referenced  Section 10, regarding the                                                                   
use of drugs  applied topically by an  optometrist, recalling                                                                   
past  issues.   Ms. Davidson  said  that area  was not  being                                                                   
discussed  as it  is "systemic  versus topical  drugs".   The                                                                   
bill addresses  optometrist's authority to prescribe  drugs &                                                                   
use them;  however, the statute  does not allow the  Board to                                                                   
license  for use  only.   There  is a  small  segment of  the                                                                   
population that is looking for  a "use only" and the proposed                                                                   
language allows that endorsement.                                                                                               
                                                                                                                                
3:36:51 PM                                                                                                                    
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
3:37:02 PM                                                                                                                    
                                                                                                                                
Vice Chair  Stoltze  MOVED to  REPORT CS SB  255(FIN) out  of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS SB  255 (FIN) was  reported out of  Committee with  a "no"                                                                   
recommendation and  with fiscal note #1 by  the Department of                                                                   
Commerce, Community & Economic Development.                                                                                     

Document Name Date/Time Subjects