05/02/2003 04:05 PM House L&C

HB 252-OCC LICENSING: TERMS OF BD & CONT. EDUC                                                                                
                                                                                                                                
CHAIR ANDERSON  announced that the  next order of  business would                                                               
be HOUSE BILL  NO. 252, "An Act relating to  the terms of members                                                               
of   boards  and   commissions  that   regulate  businesses   and                                                               
professions and to  the duties of the members of  the State Board                                                               
of Registration for Architects, Engineers and Land Surveyors."                                                                  
                                                                                                                                
Number 1549                                                                                                                     
                                                                                                                                
HEATH  HILYARD, Staff  to  Representative  Lesil McGuire,  Alaska                                                               
State Legislature,  presented HB  252 on  behalf of  the sponsor,                                                               
Representative  McGuire.   Mr.  Hilyard  paraphrased the  sponsor                                                               
statement, which read as follows:                                                                                               
                                                                                                                                
     I have introduced HB 252  by request of the State Board                                                                    
     of  Registration for  Architects,  Engineers, and  Land                                                                    
     Surveyors   (AELS   Board),    the   regulatory   board                                                                    
     responsible for adopting  regulations to ensure minimum                                                                    
     competency of  design professionals  and to  ensure the                                                                    
     public health,  safety, and welfare  is met.   The AELS                                                                    
     Board is  also responsible for overseeing  the scope of                                                                    
     work practices  of those professionals.   Board members                                                                    
     can serve  a minimum  of two full  terms, and  the bill                                                                    
     would allow  board members  to serve  a minimum  of six                                                                    
     full years;  and would  enhance public  health, safety,                                                                    
     and welfare  by allowing  the AELS  Board to  require a                                                                    
     mandatory  continuing education  program for  continued                                                                    
     professional competency.   HB 252 would  accomplish two                                                                    
     things:                                                                                                                    
                                                                                                                                
     First, HB 252 modifies  the existing term limit statute                                                                    
     so that serving  a partial term of less  than two years                                                                    
     would not represent  a full term on the  State Board of                                                                    
     Registration  for   Architects,  Engineers,   and  Land                                                                    
     Surveyors  defined under  AS 08.48.021,  but serving  a                                                                    
     partial  term of  two or  more years  would count  as a                                                                    
     full 4-year  term.   The AELS Board  has, in  the past,                                                                    
     experienced  problems  with  this  statutory  provision                                                                    
     when a vacancy occurs but  is not filled for some time.                                                                    
     When an individual  fills a partial term,  it counts as                                                                    
     a full term,  no matter how short the  partial term may                                                                    
     be.  This  change would allow a Board  member filling a                                                                    
     partial  term of  less  than two  years,  to serve  the                                                                    
     partial term, plus a full 8 years (two 4-year terms).                                                                      
                                                                                                                                
     Second, the AELS Board  requires statutory authority in                                                                    
     order  to   adopt  regulations   concerning  continuing                                                                    
     education.    The  first recommendation  cited  in  the                                                                    
     Legislative Audit  #08-2001-00 dated October  20, 2000,                                                                    
     specified this ability be legislated  to the AELS Board                                                                    
     in order to help  implement and maintain high standards                                                                    
     in the professions they oversee.   HB 252 would provide                                                                    
     the   AELS   Board   statutory   authority   under   AS                                                                    
     08.48.101(a) to develop  mandatory continuing education                                                                    
     programs  for  the  professions   it  serves.    It  is                                                                    
     important   to  the   Board   that   the  statute   not                                                                    
     specifically mandate  the Board to require  a mandatory                                                                    
     continuing  education  as   a  condition  of  licensure                                                                    
     renewal,  because in  some instances  professionals are                                                                    
     already    complying    with    continuing    education                                                                    
     requirements required by  their processional societies.                                                                    
     The  AELS  Board  would   work  with  the  professional                                                                    
     societies before developing any programs.                                                                                  
                                                                                                                                
Number 1632                                                                                                                     
                                                                                                                                
SAM KITO, III, Alaska Professional Design Council (APDC), began                                                                 
by noting that APDC appreciates Representative McGuire's effort                                                                 
on HB 252.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG asked if the landscape architects are                                                                   
included in the term of architect.                                                                                              
                                                                                                                                
MR. KITO explained that landscape architects are part of the                                                                    
AELS Board, although the board's name hasn't changed.                                                                           
                                                                                                                                
REPRESENTATIVE  ROKEBERG   asked  if  the   continuing  education                                                               
requirement is a request of the board.                                                                                          
                                                                                                                                
MR. KITO replied  yes, and noted that in the  past the continuing                                                               
education  requirement has  been a  priority of  the legislature.                                                               
He  recalled  Representative  Kott's interest  in  ensuring  that                                                               
architects,  engineers, and  land surveyors  had some  provisions                                                               
for continuing education.  The task  was placed on the AELS Board                                                               
to identify  how best to do  that.  This legislation  creates the                                                               
regulatory authority  for the board  to adopt regulations  in the                                                               
method the AELS Board chose to utilize.                                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG asked  if there was a  legal opinion that                                                               
the AELS Board  didn't have regulatory authority  to [develop the                                                               
regulations].                                                                                                                   
                                                                                                                                
MR. KITO  said that  he wasn't completely  sure, but  the statute                                                               
doesn't  say  that  the  AELS Board  can  adopt  regulations  for                                                               
continuing education.                                                                                                           
                                                                                                                                
REPRESENTATIVE  ROKEBERG  remarked  that usually  the  regulatory                                                               
authority for  boards is  fairly broad.   Therefore, he  asked if                                                               
[this is being done] in order to provide comfort.                                                                               
                                                                                                                                
MR. KITO  related that  [the AELS Board]  was informed  that this                                                               
was a  required change  in order  for them  to move  forward with                                                               
continuing education regulations.                                                                                               
                                                                                                                                
Number 1755                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  CSHB  252,  Version  23-                                                               
LS0945\D, Lauterbach,  4/15/03, out of committee  with individual                                                               
recommendations  and  [the  accompanying fiscal  notes].    There                                                               
being no  objection, CSHB  252(L&C) was  reported from  the House                                                               
Labor and Commerce Standing Committee.