Legislature(2005 - 2006)CAPITOL 106
03/23/2006 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB356 | |
| HJR33 | |
| HB430 | |
| SB255 | |
| HB436 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 33 | TELECONFERENCED | |
| += | HB 430 | TELECONFERENCED | |
| += | SB 255 | TELECONFERENCED | |
| *+ | HB 436 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 356 | TELECONFERENCED | |
SB 255-OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT 4:24:42 PM CHAIR WILSON announced that the next order of business would be, 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." 4:25:23 PM TOM MAHER, Staff to Senator Gene Therriault, presented SB 255 on behalf of Senator Therriault by paraphrasing from the following written statement [original punctuation provided]: On the behalf of Senator Therriault, Chair of the Legislative Budget and Audit Committee, I thank you and members of the Committee for Hearing Senate Bill 255 (finance) - relating 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." Just a quick bit of background on the Sunset audit process that this legislation stems from. Last session legislation was passed that revised the sunset process. First, the standard sunset period for occupational boards and non-occupational boards was changed from "not to exceed four years" to "not to exceed eight years Second, as Alaska's sunset process has matured, most of the sunset reviews are less about eliminating board and commissions, and more about operational performance. To better measure operational performance, last session, two new criteria were added to statute that must be considered in the course of a sunset review by the auditors: The extent to which the board, commission, or agency has effectively attained its objectives and the efficiency with which it has operated. AND The extent to which the board, commission, or agency duplicates the activities of another governmental agency or the private sector. Moving on with the bill ... Sec. 1 of this legislation 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 before you on page 5. 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. Further, 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. Accordingly, SB 255 provides for an eight-year sunset extension. With the exception of sec. 4, the balance of SB 255 incorporates the recommendation by the Legislative Auditor concerning licensing on page 7, rec. #2 of the report. The Auditor recommended the Legislature amend the optometry statutes to ensure they support current license endorsements for the diagnostic use of pharmaceutical agents. Currently, statutory language provides for a single endorsement for both prescribe and use. However, the Board of Examiners in Optometry is issuing two types of endorsements. The first allows a practitioner to both prescribe and use pharmaceutical agents and the second type of endorsement 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, in sec. 7, "grandfathers" in the practitioners that were given that endorsement over the years. (since 1992) On page 18 you will find the Department of Commerce, Community, and Economic Development's response to this recommendation - they are in support of the changes made here. Our intent with this legislation is simple - change the law to make current practices legal, grandfather license holders in, and make sure we do not leave any practitioners out which could have an impact on the number of providers serving the public and hopefully maximize the number of practitioners that can practice in Alaska. Finally, contained in sec. 4, the Senate Labor and Commerce Committee approved an amendment offered by the Department of Commerce, Community and Economic Development that deleted the statutory cite requiring 24 hours of continuing education instruction, allowing the Board to establish through regulation, the number of hours without amending statute. This amendment was requested by the BEO [Board of Examiners in Optometry] in its response to the audit. Finally, there is one fiscal note from Occupation Licensing - passage of this legislation will incur no additional costs beyond those already contained in the FY07 Governor's operating budget request . 4:30:40 PM REPRESENTATIVE SEATON asked whether the audit recommendations are contained in the bill. 4:31:04 PM PAT DAVIDSON, Legislative Auditor, Legislative Audit Division (LAD), Legislative Affairs Agency, responded that the recommendations which require statutory changes are included in the legislation. She pointed out that recommendations regarding "the endorsements" were specific recommendations to the legislature, and represent housekeeping language which the BEO requested and the LAD deemed reasonable. The licensing fee recommendation is because the auditors recognized that the fees are building a surplus and could be reduced, but that is a decision for the department and board, she explained. Further, she assured the committee that all of the audit recommendations are included in the bill. 4:32:27 PM REPRESENTATIVE GARDNER inquired as to whether there has been any objection to the provisions being considered. 4:32:48 PM MS. DAVIDSON stated that letters of response from the BEO and the LAD are contained in the audit report, as part of the committee's packet. She pointed out that the letters contain discussion points of the recommendations and endorsements previously discussed. 4:34:52 PM REPRESENTATIVE SEATON moved to report CSSB 255 (FIN) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 255 (FIN) was reported out of the House Health, Education and Social Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|