Legislature(2005 - 2006)
03/27/2006 03:38 PM House L&C
| Audio | Topic |
|---|---|
| Start | |
| SB255 | |
| SB273 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 255-OPTOMETRY: EXTEND BD/LIC. ENDORSEMENT CHAIR ANDERSON announced that the first 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." 3:39:32 PM TOM MAHER, Staff to Senator Gene Therriault, Legislative Budget and Audit Committee, Alaska State Legislature, explained that SB 255 stems from recommendations contained in the Legislative Audit report entitled "Department of Commerce, Community, & Economic Development, Board of Examiners in Optometry Sunset Audit," dated September 27, 2005. He said that Legislative Audit concluded that the Board of Examiners in Optometry (BEO) continues to serve a public need and is operating in the public interest. In addition, he said, the regulation and licensing of qualified optometrists is necessary to protect the public. He stated that the BEO has operated effectively, adopted regulatory changes, and supported legislation to improve its oversight process, in addition to promoting more effective regulation of licensed optometrists. He said that SB 255 extends the sunset date for the BEO to June 30, 2014. 3:41:21 PM MR. MAHER went on to say that Legislative Audit also recommended that the legislature amend the optometry statutes to ensure they support current license endorsements for the diagnostic use of pharmaceutical agents. He explained that current statutory language provides for a single endorsement for both prescribing and use; however, the BEO is currently issuing two endorsements. He stated that the first type of endorsement allows the practitioner to prescribe and use pharmaceutical agents, while the second type of endorsement is a "use-only" endorsement. He said that current law does not authorize the use-only endorsement; therefore, SB 255 adds a section authorizing a use- only endorsement and "grandfathers" in the practitioners that were given the endorsement over the years. MR. MAHER stated that the Senate Labor and Commerce Standing Committee deleted the statute requiring 24 hours of continuing education instruction, which will allow the BEO to establish the number of required hours through regulation. In addition, the Senate Finance Committee adopted several statutory "housekeeping" amendments at the request of the BEO. These amendments would delete unnecessary references and improve the BEOs function, in order to better protect the public. 3:43:35 PM CHAIR ANDERSON, in regard to the eight year extension, opined that there is always concern regarding whether a board should be extended this far out. He asked if it is common to extend a board for this length of time. MR. MAHER replied that during the previous legislative session, the statutory maximum [for extension of a board] was changed from four to eight years. 3:44:18 PM CHAIR ANDERSON acknowledged that [Legislative Audit] prefers a longer extension date, but noted that the legislature retains the ability to review a board or commission at any time. He stated that while there may not be a problem with extending the sunset date for eight years, there may be issues concerning consumer and patient protection. 3:44:48 PM PAT DAVIDSON, Legislative Auditor, Legislative Audit Division, explained that the aforementioned bill was passed because the boards and commissions, particularly those which are occupational in nature, have gone through the sunset process many times. She said that most of the current issues are those regarding board efficiency and continuation of the board, the latter of which is the purpose of the sunset process. CHAIR ANDERSON remarked that in the past there was disagreement on the powers and duties of optometrists. Referring to page 4, [subsection 10], he asked for confirmation that this is not adding any new authority. MS. DAVIDSON confirmed that no new authority is being added. She explained that the statute was changed in 1992, adding the phrase "prescribe and use." She said that not all practitioners at the time had the education to support the prescribe as well as the use license. Furthermore, some practitioners prefer not to prescribe. She said that while the BEO would like to eventually have all practitioners prescribe and use, limiting the profession to this would eliminate some practitioners. She added that it is better for the public to have more practitioners. CHAIR ANDERSON noted that the bill is retroactive 14 years and effective immediately. 3:47:32 PM REPRESENTATIVE KOTT asked how often the BEO audits are done. MS. DAVIDSON replied that the audits were previously done every four years, however, this was changed to six years. She stated that most of the boards have been in existence for over 20 years, and estimated that the BEO has been audited 5-10 times. 3:48:15 PM REPRESENTATIVE KOTT surmised, then, that the BEO would not be audited for a minimum of four years. MS. DAVIDSON said that extending the sunset date to 2014 would make this the date for the next audit; however, the legislature may request an audit at any time. 3:48:59 PM MS. DAVIDSON, in response to a question, said that the fees for licensure are "always controversial." She stated that if boards or commissions are in a deficit, it would take four to six years to come out of deficit. She explained that currently board expenses are consistent, with the exception of investigations, which are a "wild card." Some boards, she said, prefer to have a financial "cushion" to cover these costs. She stated that when Legislative Audit looked at the BEO, it had recently increased its fees and had not been running a deficit. She said that this is the reason for recommending the fees be lowered; however, an intermediate assessment will be done at the next renewal period. 3:50:31 PM REPRESENTATIVE KOTT 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 from the House Labor and Commerce Standing Committee. 3:50:45 PM
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