Legislature(2013 - 2014)BARNES 124
01/29/2014 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB239 | |
| HB240 | |
| HB241 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 239 | TELECONFERENCED | |
| *+ | HB 240 | TELECONFERENCED | |
| *+ | HB 241 | TELECONFERENCED | |
HB 240-EXTEND BOARD OF CHIROPRACTIC EXAMINERS
3:26:48 PM
CHAIR OLSON announced that the next order of business would be
HOUSE BILL NO. 240, "An Act extending the termination date of
the Board of Chiropractic Examiners; and providing for an
effective date."
3:27:10 PM
CRYSTAL KOENEMAN, Staff, Representative Lora Reinbold, Alaska
State Legislature, on behalf of Representative Reinbold,
sponsor, stated that HB 240 would extend the Board of
Chiropractic Examiners (BCE). The auditors recommended that the
BCE be extended for a full eight years until June 30, 2022 since
the board has been effectively serving the public interest and
effectively licensing and regulating the chiropractic community.
She highlighted two recommendations the auditors made. First,
the auditors indicated a prior audit recommendation should be
implemented, such that the governor shall appoint board members
in accordance with statute. One board member did not meet the
statutory requirements at the time of the appointment, although
the governor subsequently took the appropriate steps and removed
the person from the board and reappointed another member.
Second, the auditors recommended that the Division of
Corporations, Business, and Professional Licensing (DCBPL)
improve its investigative case management system. As previously
mentioned the division has taken great strides in the past few
years to improve the integrity of the aforementioned system and
she anticipated the DCBPL's efforts would continue.
3:28:57 PM
REPRESENTATIVE SADDLER referred to the fiscal note for the prior
bill, HB 239, relating that the fiscal note for Board of
Examiners in Optometry (BEO) was for $6.8 thousand. However the
fiscal note for HB 240 lists $16.6 thousand for BCE's travel
costs. He noted that the fiscal note narrative indicates that
BCE's board members would attend an out-of-state conference. He
asked for more details on the out-of-state conference since the
fiscal notes don't seem to match up.
MS. KOENEMAN answered that BCE board members attend out-of-state
trainings and conferences to keep current with national
practices and other state's laws pertaining to the practice or
any trends.
3:30:09 PM
REPRESENTATIVE SADDLER detailed that the Board of Examiners in
Optometry (BEO) projected travel costs for two meetings a year
at $6.8 thousand whereas this board would attend four meetings
per year estimated at $16.6 thousand. He asked for further
clarification since he did not think the out of state conference
figures seemed comparable.
3:30:40 PM
KRIS CURTIS, Legislative Auditor, Division of Legislative Audit,
Legislative Agencies and Offices, stated that the division
conducted a sunset audit dated June 6, 2013. The auditors
recommended extending the termination date of the board for
eight years, which is the maximum allowed in statute. The
auditors concluded the BCE was operating in the public's
interest since it monitors licensees and ensures that only
qualified individuals practice. From fiscal year 2006 (FY 06)
through FY 12, the board adopted, repealed, or revised 35
regulations The regulation changes focused primarily on
updating continuing education, adding an oral examination to the
licensing requirement, requiring criminal background checks for
applicants, and clarifying and defining regulatory language.
During that same time, FY 06-FY 12, the number of license
applicants increased by 28 percent, from 226 in FY 06 to 290 in
FY 12. As previously mentioned, the auditors recommended two
changes regarding the appointment of board members: first, to
the DCBPL's director, and second, to the Office of the Governor.
In response to a question on the number of regulations the BCE
addressed, Ms. Curtis answered that the auditors found 35
regulations were revised, repealed, or adopted during that time
period.
3:32:57 PM
REPRESENTATIVE SADDLER asked for specific purpose of the travel
and whether the travel was for training to improve the
chiropractic practice or for training members of a professional
licensing board to improve board performance.
MS. CURTIS answered that the audit addressed travel. She
acknowledged that some boards have had difficulty in obtaining
authority to use funding for out-of-state travel; however, of
the five occupational sunset reviews the division conducted,
this is the only one not permitted to travel. She referred to
page 15 of the BCE's sunset audit for the BCE and said the
auditors concluded the restrictions impeded the board's ability
to operate as a board. Additionally, the audit concluded that
BCE's board members were prohibited from travel due to DCBPL's
budgetary restrictions. She said, "According to DCBPL
management, restrictions on travel should be alleviated in FY 14
by an increase in the travel budget and the ability to receive
third-party reimbursements for some board member travel." She
explained that this means that in some cases travel is
reimbursed since it is built into a portion of the fees paid to
be part of the national organization.
3:34:24 PM
REPRESENTATIVE SADDLER asked for clarification. He related his
understanding that board members could not obtain permission
from the division to attend out-of-state conferences. He asked
whether the ultimate determination on how to spend the fees
generated through licenses rests with the division and not the
board.
MS. CURTIS deferred to the division director; however, she
recalled testimony at last year's hearings that some complaints
were voiced about restrictions boards faced when using their
budgets for out-of-state travel. Thus auditors included the
complaint in scope of sunset audits conducted in 2013. She
reiterated the BCE was the only board experiencing this specific
problem.
3:35:10 PM
REPRESENTATIVE JOSEPHSON asked for clarification on the process
used for the 35 aforementioned regulations. He asked whether
the regulations were initiated by the individual board members
or if the BCE had absolute power to create regulations subject
to the Lieutenant Governor's approval.
MS. CURTIS deferred to the division director for details, noting
regulation changes may vary from board to board. One criteria
auditors use when evaluating boards during the sunset audit
process is to measure to what degree the board addresses public
interest and one way boards do this is by enacting regulations,
she said.
3:36:42 PM
REPRESENTATIVE JOSEPHSON clarified that he was interested in the
"check" on the body itself.
MS. CURTIS answered that all regulations go through a public
process.
3:37:00 PM
DON HABEGER, Director, Division of Corporations, Business, and
Professional Licensing (DCBPL), Department of Commerce,
Community, & Economic Development (DCCED), with respect to
travel costs, answered that it varies by board. In some
instances board members attend regional meetings. In other
instances board members attend a national conference, often with
a membership connected to it. The national organizations
consist of a group of likeminded state regulators and board
members across the nation meet periodically to regulate the
specific practice. Typically, the national organization will
review practice decisions, for example, it may consider
something such as injectible nutrients. The national
organization will come to consensus or it will agree to disagree
on a variety of national practice decisions that affect the
profession. Additionally, the national organization requests
BCE's board members participate in a national group to design
the national test and review questions as part of this process.
He believed the Chair, Dr. Heston, has participated in this
process. Referring to the fiscal note he said the $15.0
thousand represents the biennial costs for travel in FY 14. He
clarified the division assesses board costs based on the prior
two years.
3:39:49 PM
MR. HABEGER turned to limited travel. As previously stated,
this issue has been corrected. The DCBPL considered travel
costs to be a budgetary appropriation issue. At the time he
became director, the DCBPL had over $300,000 in travel
appropriations; however, each board prepares an annual report
and the total travel requests exceeded $550,000. Typically, he
approved in-state travel, but out-of-state travel was based on
available funding so the division denied some travel requests.
He emphasized that in 2014, the legislature increased the
division's travel budget by $200,000, which alleviated the
problem. He explained that a number of national organizations
encourage board members to attend conferences and reimburse the
state through a third-party reimbursement for travel costs.
Previously, the division lacked the mechanism to restore funds
to each board; instead, travel reimbursements were deposited to
the general fund; however, that was corrected last year, he
said.
3:42:04 PM
MR. HABEGER reviewed the promulgation of regulations process,
such that the statutes under Title 8, give boards practice
authority. The boards identify which statutes need to be
repealed or amended to reflect any additional practices
necessary, such as adopting or changing continuing education
requirements. He didn't recall the specific BCE regulation
changes; however the boards work with the regulations
specialist, regulations are drafted, noticed - typically for 30-
days - for public comment, the board reviews public comments and
determines whether to adopt the regulations or make changes. He
said the legislature receives copies of all proposed
regulations.
3:43:42 PM
REPRESENTATIVE SADDLER asked whether any developments have
arisen for chiropractors that need to be addressed.
MR. HABEGER offered his belief that chiropractors are
considering allowing injectible nutrients, but he offered to
confirm this.
3:44:27 PM
JIM HESTON, D.C.; Chair, Board of Chiropractic Examiners (BCE),
with respect to travel, commented that the BCE connects with
fellow boards at conferences. The travel to conferences helps
board members keep informed, proactively, on national trends and
potential regulation changes. He recalled the BCE made about 10
regulation changes and was unsure of the 35 regulation changes
previously mentioned. In response to a question, Dr. Heston
said the number of regulations changed seemed high.
3:46:11 PM
REPRESENTATIVE REINBOLD explained that the total number of
regulations included repealing, amending, and revising
regulations.
DR. HESTON said, "I can believe that."
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 240.
3:46:52 PM
REPRESENTATIVE SADDLER moved to report HB 240 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 240 was reported from the
House Labor and Commerce Standing Committee.