Legislature(2009 - 2010)BARNES 124

02/26/2010 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 245 LICENSING FOR OPTOMETRY TELECONFERENCED
Moved Out of Committee
*+ HB 340 MUNICIPAL SALES OR USE TAX ON MOTOR FUEL TELECONFERENCED
Heard & Held
                 HB 245-LICENSING FOR OPTOMETRY                                                                             
                                                                                                                                
3:27:08 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced that the first order of business would be                                                                 
HOUSE  BILL  NO.  245,  "An  Act  relating  to  licensure  as  an                                                               
optometrist; establishing  a retired status  optometrist license;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
3:27:20 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER HOTCH,  Staff, Representative  Bill Thomas,  Jr.,                                                               
Alaska  State  Legislature,  on  behalf  of  the  prime  sponsor,                                                               
Representative  Bill Thomas,  paraphrased the  sponsor statement,                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     HB 245  makes some  necessary changes to  the licensure                                                                    
     criteria for optometrists in this state.                                                                                   
                                                                                                                                
     Currently,  Alaska has  three levels  of licensure  for                                                                    
     optometrists:                                                                                                              
     1.) Basic License (no pharmaceuticals)                                                                                     
     2.) License with  Pharmaceutical Endorsement (in-office                                                                    
     eye drops)                                                                                                                 
     3.)  License with  Pharmaceutical Prescription  and Use                                                                    
     Endorsement (prescribing authority).                                                                                       
                                                                                                                                
     The Board  of Optometry would  like to have  a standard                                                                    
     level   of    care   that   everyone    receives   from                                                                    
     optometrists.  Therefore, some  adjustments need  to be                                                                    
     made in statute to require the highest level of care.                                                                      
                                                                                                                                
     HB  245 brings  Alaska  statutes in  line with  current                                                                    
     educational levels. Students  graduating from optometry                                                                    
     schools  within  the  last   five  years  have  already                                                                    
     received the  level of education necessary  to obtain a                                                                    
     license  at the  highest  level  currently provided  in                                                                    
     Alaska. Further,  most licensed optometrists  in Alaska                                                                    
     have already obtained the  level of education necessary                                                                    
     for the  highest level of  licensure. There are  only a                                                                    
     handful of people who have  not received that education                                                                    
     and most  of these optometrists are  nearing retirement                                                                    
     age. These  optometrists would  be issued  a restricted                                                                    
     license which would allow them  to continue to practice                                                                    
     but still  not allow them  to provide services  that go                                                                    
     beyond their level of education.                                                                                           
                                                                                                                                
     The  level of  education required  in HB  245 has  been                                                                    
     standard  in   most  optometrist  schools   across  the                                                                    
     country  and older  optometrists have  already obtained                                                                    
     this level of  education on their own.  Many states are                                                                    
     currently  working on  or have  already passed  similar                                                                    
     legislation. Our citizens deserve  the most current and                                                                    
     highest level of care  possible; allowing the licensure                                                                    
     of optometrists  with less than the  standard education                                                                    
     levels puts our citizens at  risk. HB 245 remedies this                                                                    
     problem  by  standardizing the  licensure  requirements                                                                    
     for optometrists in Alaska.                                                                                                
                                                                                                                                
3:28:29 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER  HOTCH presented  a section-by-section  analysis of                                                               
HB 245.   Section 1 outlines the  education requirements required                                                               
for  licensure, including  that the  applicant must  pass written                                                               
exam,   and   complete   course    work   on   ocular   diseases,                                                               
pharmaceutical agent  injections, or  other course  work outlined                                                               
by the board.   Section 2 would allow an  applicant to retake the                                                               
exam  if he/she  previously failed  the  exam.   Section 3  would                                                               
require  applicants  for licensure  by  credential  to possess  a                                                               
license from  a state that  has licensure  requirement equivalent                                                               
to  Alaska,  to pass  the  Alaska  state  exam,  as well  as  the                                                               
National Board of Examiners of Optometry's exam.                                                                                
                                                                                                                                
3:29:27 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER HOTCH  explained that Section 4  relates to renewal                                                               
of  licenses,  including that  licensees  must  meet the  minimum                                                               
number of continuing education, consisting  of 8 hours related to                                                               
prescription  of pharmaceutical  agents  and 7  hours related  to                                                               
injection of  non-topical therapeutic pharmaceutical  agents, and                                                               
meet   other  requirements   outlined   by   the  board   through                                                               
regulations.   Section 5  would establish  the status  of retired                                                               
license,  which  does  not  need   to  be  renewed,  and  can  be                                                               
reactivated   upon  application   and  upon   meeting  continuing                                                               
education requirements.                                                                                                         
                                                                                                                                
3:30:04 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER HOTCH  explained that Section 6 and  7 would remove                                                               
references  to  certain  classes   of  licenses  that  are  being                                                               
eliminated.  Section 8 would  provide transition for a person who                                                               
is  not currently  licensed  at the  highest  level of  optometry                                                               
licensure  to  continue to  practice  until  he/she has  met  the                                                               
additional education  requirements.   Section 10  would establish                                                               
an immediate effective date.                                                                                                    
                                                                                                                                
3:30:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH  referred to  Section 3,  and inquired  as to                                                               
whether this would require applicants to pass a national exam.                                                                  
                                                                                                                                
MS. SCHROEDER HOTCH answered yes.                                                                                               
                                                                                                                                
REPRESENTATIVE BUCH  asked whether the  board referred to  in the                                                               
bill is the state board.                                                                                                        
                                                                                                                                
MS. SCHROEDER  HOTCH answered yes.   The board referred to  in HB
245 is the State Board of Examiners in Optometry.                                                                               
                                                                                                                                
3:31:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BUCH referred  to Section  8, to  the grandfather                                                               
clause and asked for clarification.                                                                                             
                                                                                                                                
MS.  SCHROEDER  HOTCH referred  to  page  5  of  the bill.    She                                                               
explained  that  an  optometrist  who did  not  wish  to  upgrade                                                               
his/her license could opt for a restricted license.                                                                             
                                                                                                                                
3:32:17 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON asked  for an estimate of the  number of optometrists                                                               
who would  be grandfathered  in and would  not choose  to upgrade                                                               
their licenses.                                                                                                                 
                                                                                                                                
MS. SCHROEDER HOTCH anticipated that  25 people would be affected                                                               
by this section of the bill.                                                                                                    
                                                                                                                                
3:32:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN   asked  for   clarification  on   the  term                                                               
"injectables."  He  recalled his own personal eye  surgery and an                                                               
injection he received.                                                                                                          
                                                                                                                                
MS.  SCHROEDER   HOTCH  deferred   to  Ms.  Geering   to  discuss                                                               
injections.                                                                                                                     
                                                                                                                                
3:33:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON  referred to page 2, line 23  of HB 245,                                                               
noting  that an  applicant could  retake a  portion of  test, but                                                               
that  the bill  would  require applicants  to  retake the  entire                                                               
examination.                                                                                                                    
                                                                                                                                
MS.  SCHROEDER  HOTCH  deferred  to Ms.  Geering  to  answer  the                                                               
question.                                                                                                                       
                                                                                                                                
JILL  GEERING,   Optometrist;  Chair,   Board  of   Examiners  in                                                               
Optometry,   explained  that   injections,   such   as  the   one                                                               
Representative  Lynn  described,  would  rarely  be  used.    She                                                               
remarked that the reason to leave  the language in the bill is to                                                               
allow   for  expansion   of   the   technology  and   techniques,                                                               
emphasizing that the current use of injections is limited.                                                                      
                                                                                                                                
3:35:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN asked about  injections performed for routine                                                               
cataract and laser surgeries.                                                                                                   
                                                                                                                                
DR.  GEERING advised  that  those types  of  procedures would  be                                                               
performed by an opthalmologist.   The optometrists are not asking                                                               
to expand their practice to include surgery or other procedures.                                                                
                                                                                                                                
3:35:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  asked for  the definitions  of optometrist                                                               
and opthamologist.                                                                                                              
                                                                                                                                
DR.  GEERING  explained  that an  opthamologist  attends  medical                                                               
school and  completes a  residency in opthamology  and is  also a                                                               
medical  doctor  (MD).    An   optometrist  attends  a  four-year                                                               
optometrist's program  in an Optometry  school, with  an optional                                                               
one year of residency, resulting in  a Doctor of Optometry, or OD                                                               
designation.   The  primary difference  between an  opthamologist                                                               
and an  optometrist in Alaska  is that only an  opthamologist can                                                               
perform surgery.  The differences  vary from state to state since                                                               
optometrists   are  licensed   by   each  state.     In   Alaska,                                                               
optometrists  are  allowed  to   prescribe  topical  drops,  oral                                                               
medications, treat glaucoma, and perform superficial injections.                                                                
                                                                                                                                
3:36:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  related  his understanding  that  HB  245                                                               
would affect an optometrist, but not an opthamologist.                                                                          
                                                                                                                                
DR. GEERING agreed.                                                                                                             
                                                                                                                                
REPRESENTATIVE NEUMAN  referred to  page 2, line  31, of  HB 245,                                                               
and asked which schools are recognized by board.                                                                                
                                                                                                                                
DR.  GEERING  related that  the  Alaska  Board of  Examiners  for                                                               
Optometry currently  places a list  of approved schools  into its                                                               
regulations.   She clarified that  the board recognizes 13  or 14                                                               
Optometry schools  in the U.S. and  Canada.  The Alaska  Board of                                                               
Examiners  in Optometry  does not  recognize programs  from other                                                               
countries since  the programs are  not accredited  for optometric                                                               
education in the U.S.                                                                                                           
                                                                                                                                
3:38:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN asked  whether the  board has  ever denied                                                               
anyone licensure.                                                                                                               
                                                                                                                                
DR. GEERING  did not recall anyone  ever being denied in  the six                                                               
years that she  has served on the board.   In further response to                                                               
Representative Neuman, she recalled  that all of the applications                                                               
she has  reviewed have been  for candidates who graduated  from a                                                               
U.S.  school,  which possess  more  stringent  programs than  the                                                               
programs in most foreign countries.                                                                                             
                                                                                                                                
3:39:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T. WILSON  asked for  the reason  that applicants                                                               
retaking the exam  would have to take the entire  text instead of                                                               
a portion of the exam.                                                                                                          
                                                                                                                                
DR. GEERING explained  that previously the Board  of Examiners in                                                               
Optometry administered  its own test,  but now the  board accepts                                                               
the  national  examination  so this  technically  cleans  up  the                                                               
language to reflect that applicants take the national exam.                                                                     
                                                                                                                                
3:40:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH referred to the  zero fiscal note attached to                                                               
the bill.   He asked  whether board members would  be compensated                                                               
for attending board meetings.                                                                                                   
                                                                                                                                
DR. GEERING  responded that the  Board of Examiners  in Optometry                                                               
(BEO) is  comprised of four  optometrists and one  public member.                                                               
The BEO  meets two times a  year, once face-to-face, and  once by                                                               
teleconference.   She  said  the  BEO may  actually  result in  a                                                               
negative fiscal  note since  under HB 245  the level  of licenses                                                               
changes.    Currently, applicants  can  apply  for one  of  three                                                               
levels   of  licensing,   with   each   level  having   different                                                               
requirements  for  licensure.   She  remarked  that this  can  be                                                               
confusing  to applicants.   Thus,  the DCCED's  staff must  spend                                                               
considerable   time   with   applicants  and   in   issuing   the                                                               
endorsements for each  level of license.  However,  the number of                                                               
times the board will meet will not change.                                                                                      
                                                                                                                                
3:43:24 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 245.                                                                                     
                                                                                                                                
3:43:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  moved to  report HB  245 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 245 was reported  from the                                                               
House Labor and Commerce Standing Committee.                                                                                    
                                                                                                                                
3:43:58 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:43 p.m. to 3:46 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB245 ver A.pdf HL&C 2/26/2010 3:15:00 PM
HB 245
HB245 Sponsor Statement ver A.pdf HL&C 2/26/2010 3:15:00 PM
HB 245
HB245 Sectional Analysis ver A.pdf HL&C 2/26/2010 3:15:00 PM
HB 245
HB245 Fiscal Note-CED-CBPL-2-21-10.pdf HL&C 2/26/2010 3:15:00 PM
HB 245
HB245 Board of Op Examiners Annual Report.pdf HL&C 2/26/2010 3:15:00 PM
HB 245
HB245 Highest Level Req for Licensure Survey of States Jan2010.pdf HL&C 2/26/2010 3:15:00 PM
HB 245
HB245 Letter D Halverson 2-22-10.pdf HL&C 2/26/2010 3:15:00 PM
HB 245
HB340 ver E.pdf HL&C 2/26/2010 3:15:00 PM
HB 340
HB340 Sponsor Statement ver E.pdf HL&C 2/26/2010 3:15:00 PM
HB 340
HB340 Sectional Analysis ver E.pdf HL&C 2/26/2010 3:15:00 PM
HB 340
HB340 Fiscal Note-CED-CRA-2-24-10.pdf HL&C 2/26/2010 3:15:00 PM
HB 340
HB340 Leg Research Report 6-15-09.pdf HL&C 2/26/2010 3:15:00 PM
HB 340
HB340 Letter City of North Pole 2-26-10.pdf HL&C 2/26/2010 3:15:00 PM
HB 340