Legislature(2021 - 2022)BARNES 124

04/27/2022 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 382 INSULIN COVERAGE:INSURANCE;MEDICAID TELECONFERENCED
<Bill Hearing Rescheduled to 04/29/22>
<Pending Referral>
+ SB 45 AGE FOR NICOTINE/E-CIG; TAX E-CIG. TELECONFERENCED
<Bill Hearing Canceled>
<Pending Referral>
+= HB 405 ESTABLISHMENT OF TRUSTS TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 406 MORATORIUM ON TRUSTS/PROPERTY ACQUISITION TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ SB 186 EXTEND BOARD OF EXAMINERS IN OPTOMETRY TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 04/25/22>
+ SB 190 REGULATORY COMMISSION AK/REFUSE UTILITIES TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 04/25/22>
+ SB 193 EXTEND BOARD OF CHIROPRACTIC EXAMINERS TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 04/25/22>
         SB 193-EXTEND BOARD OF CHIROPRACTIC EXAMINERS                                                                      
                                                                                                                                
3:57:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS announced  that the next order  of business would                                                               
be  CS  FOR SENATE  BILL  NO.  193(FIN),  "An Act  extending  the                                                               
termination  date   of  the  Board  of   Chiropractic  Examiners;                                                               
requiring  a  report   on  audit  compliance  by   the  Board  of                                                               
Chiropractic Examiners; and providing for an effective date."                                                                   
                                                                                                                                
3:58:00 PM                                                                                                                    
                                                                                                                                
MADISON  GOVIN,  Staff,  Senator  Peter  Micciche,  Alaska  State                                                               
Legislature,  presented  CSSB  193(FIN)   on  behalf  of  Senator                                                               
Micciche, prime sponsor.   She stated that the  bill would extend                                                               
the sunset date  for the Board of Chiropractic  Examiners by five                                                               
years, making  the new sunset 6/30/27.   She said the  bill would                                                               
also  require that  a  report from  the  Division of  Legislative                                                               
Audit be submitted to the  Legislative Budget and Audit Committee                                                               
on the board's compliance with this year's audit.                                                                               
                                                                                                                                
MS.  GOVIN explained  the changes  made  in CSSB  193(FIN).   She                                                               
spoke from  the document in  the committee packet  titled "Senate                                                               
Bill 193    Extend Board  of Chiropractic  Examiners, Explanation                                                               
of  Changes, Version  I  to Version  G,"  which stated  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 1, Line 2                                                                                                           
     Inserts  into the  title "requiring  a report  on audit                                                                    
     compliance by the Board of Chiropractic Examiners."                                                                        
                                                                                                                                
     Sec. 1  AS 08.03.010(c)(5) Page 1, Line 6                                                                                
     Extends  the board  extension from  two  years to  five                                                                    
     years.                                                                                                                     
                                                                                                                                
     Sec. 2  Page 1, Lines 8-14                                                                                               
     Adds a  requirement for the legislative  audit division                                                                    
     to  prepare and  submit to  the Legislative  Budget and                                                                    
     Audit  Committee  a report  on  the  compliance of  the                                                                    
     Board    of    Chiropractic    Examiners    with    the                                                                    
     recommendations  of  the June  22,  2021  audit of  the                                                                    
     board.                                                                                                                     
                                                                                                                                
3:59:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS opened invited testimony.                                                                                       
                                                                                                                                
3:59:52 PM                                                                                                                    
                                                                                                                                
KRIS  CURTIS,   CPA,  CISA,  Legislative  Auditor,   Division  of                                                               
Legislative Audit, provided invited  testimony during the hearing                                                               
on CSSB  193(FIN).  She spoke  from the full audit  report in the                                                               
committee packet  titled "DEPARTMENT OF COMMERCE,  COMMUNITY, AND                                                               
ECONOMIC  DEVELOPMENT  BOARD  OF  CHIROPRACTIC  EXAMINERS  SUNSET                                                               
REVIEW," dated 6/22/21.  She said  the audit found that the board                                                               
served  the  public's  interest by  conducting  its  meetings  in                                                               
accordance with  state laws, by  amending certain  regulations to                                                               
improve   the  chiropractic   profession,   and  by   effectively                                                               
regulating  and licensing  chiropractic  physicians.   The  audit                                                               
also found, she  continued, that one board member  did not comply                                                               
with  the   statutory  requirements  for  appointment   and  that                                                               
additional  resources  were  needed  to investigate  cases  in  a                                                               
timely  manner.    She  related that  a  five-year  extension  is                                                               
recommended  rather than  the eight-year  maximum allowed  for in                                                               
statute.   This  recommendation, she  explained, is  based on  an                                                               
issue identified  during the  audit that  may impact  the board's                                                               
ability to protect the public,  details of which are not included                                                               
in the public audit report  to preserve the confidentiality of an                                                               
ongoing investigation.                                                                                                          
                                                                                                                                
4:00:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS asked  what the legislature has done  in the past                                                               
when it is  found that a board member doesn't  meet the statutory                                                               
requirements for appointment.                                                                                                   
                                                                                                                                
MS.  CURTIS responded  that the  legislature doesn't  act because                                                               
usually  her recommendation  is to  the governor's  office, which                                                               
typically  removes the  board member  and appoints  someone else,                                                               
and which was  done in this case.  In  further response, she said                                                               
the governor's  office has reported  that this was done,  but she                                                               
cannot verify it.                                                                                                               
                                                                                                                                
4:01:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY  asked whether  this person  was appointed                                                               
and confirmed or was in the appointment process.                                                                                
                                                                                                                                
MS. CURTIS replied that this  person was appointed and confirmed.                                                               
In  further response,  she confirmed  that after  confirmation it                                                               
was found  that the  appointee didn't qualify.   She  stated that                                                               
this was  an issue  in the  prior sunset  audit as  well.   It is                                                               
usually not  a risky area,  she advised,  so for all  of Alaska's                                                               
boards [the  Division of  Legislative Audit]  doesn't necessarily                                                               
send a notice  to the public member to ensure  that the member is                                                               
qualified.    But,  she  continued,   since  there  was  a  prior                                                               
recommendation related  to this  board, [the  division] confirmed                                                               
the public member.  It usually  has to do with whether the member                                                               
has a direct financial interest  in the health care industry, she                                                               
explained.  In  this case it was found that  the board member was                                                               
a licensed emergency medical technician  (EMT), so the member had                                                               
an  interest in  the health  care industry  and therefore  didn't                                                               
comply  with  statutory requirements  that  prohibit  this.   The                                                               
public  member must  have that  consumer perspective,  she added,                                                               
and in this case the member didn't.                                                                                             
                                                                                                                                
4:02:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS asked whether it  is fair to characterize this as                                                               
an inadvertent violation.                                                                                                       
                                                                                                                                
MS. CURTIS replied yes.                                                                                                         
                                                                                                                                
4:02:24 PM                                                                                                                    
                                                                                                                                
MS. CURTIS resumed her invited  testimony.  She drew attention to                                                               
page 5 [Exhibit  2] of the audit and reported  that as of January                                                               
2021 there  were 306 licensed  chiropractors.  She turned  to the                                                               
board's schedule of revenues and  expenditures on page 6 [Exhibit                                                               
3] and  noted that [over  the past  four fiscal years]  the board                                                               
alternated between  a deficit  and a surplus.   She  related that                                                               
according  to   management  at  the  Division   of  Corporations,                                                               
Business  and Professional  Licensing  (DCBPL),  the deficit  was                                                               
within  a   reasonable  range   and  a   fee  increase   was  not                                                               
recommended.   She pointed  out the board's  schedule of  fees on                                                               
page 7 [Exhibit 4].                                                                                                             
                                                                                                                                
MS.   CURTIS  moved   to  pages   9-11  and   outlined  the   two                                                               
recommendations made by  the Division of Legislative  Audit.  She                                                               
said the  first recommendation is  that the governor  should make                                                               
board  appointments in  compliance  with statutory  requirements.                                                               
The  second  recommendation,  she  related,  is  that  the  DCBPL                                                               
director  should allocate  sufficient resources  to ensure  cases                                                               
are investigated  in a timely  manner.   The audit found  that 11                                                               
cases had been  open for over 180 days, she  stated, and seven of                                                               
those cases  were related to  the same chiropractor and  had been                                                               
combined into  one case.   For that  one combined case  the audit                                                               
found  four periods  of unjustified  inactivity that  ranged from                                                               
55-208 days, she continued, and  according to DCBPL investigative                                                               
staff the inactivity  was the result of  competing priorities and                                                               
insufficient resources.                                                                                                         
                                                                                                                                
MS. CURTIS  proceeded to pages  21-22 and  discussed management's                                                               
response to the audit.  She  related that the commissioner of the                                                               
Department  of  Commerce,  Community,  and  Economic  Development                                                               
(DCCED)  states  that the  department  has  hired two  additional                                                               
investigative positions  and the commissioner believes  that will                                                               
increase  the  quality and  timeliness  of  investigations.   She                                                               
turned to  the governor's  response on page  23 and  related that                                                               
the governor agrees  with the recommendation and  states that the                                                               
public member  was removed.   Ms. Curtis then reviewed  the board                                                               
chair's response  on pages  25-28.  She  reported that  the chair                                                               
does not agree  with the recommended extension of  five years and                                                               
requests an  eight-year extension  because he believes  the board                                                               
is  being unfairly  penalized by  action of  the division  or the                                                               
governor's office.                                                                                                              
                                                                                                                                
4:04:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ returned to the  second recommendation on page                                                               
10 of  the audit report.   Regarding the 11 cases  that were open                                                               
over  180 days  between July  2017  and January  2021, she  asked                                                               
whether each  of the 11  cases was open  180 days or  whether the                                                               
cases were cumulatively open 180 days.                                                                                          
                                                                                                                                
MS. CURTIS  responded that it was  each of them.   She noted that                                                               
180 days is an internal performance  measure used by DCBPL.  Lots                                                               
of reasons  can cause a  case to remain  open, she noted,  so the                                                               
Division of  Legislative Audit looks  at whether it  is justified                                                               
and there are reasons a case is  open.  In these cases, she said,                                                               
the  audit  saw  extended  periods of  inactivity,  but  with  no                                                               
justification; it  was found that  it is an issue  with resources                                                               
and competing priorities.                                                                                                       
                                                                                                                                
4:05:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY asked  whether this is a  situation of the                                                               
division not  being able  to assist  the board  or the  board not                                                               
taking responsibility to do such things as verifying a case.                                                                    
                                                                                                                                
MS.  CURTIS  answered   that  the  board  is   kept  outside  the                                                               
investigative  process so  it  can  rule on  the  results of  the                                                               
investigation  in a  quasi-judicial  manner.   Sometimes a  board                                                               
member might  be used for  expertise, but then that  board member                                                               
is not  allowed to weigh  in on the result,  she noted.   So, the                                                               
board typically monitors the cases  on an upper level and doesn't                                                               
get  into the  details until  the investigation  is complete  and                                                               
brought to the board.                                                                                                           
                                                                                                                                
REPRESENTATIVE MCCARTY  inquired about whether the  sunset should                                                               
be effective  for the board when  the division is supposed  to be                                                               
assisting  the board.    He said  it appears  that  the Board  of                                                               
Chiropractic Examiners  is doing fine  as a board and  that there                                                               
should be  a sunset for  the board and  an annual sunset  for the                                                               
division to  ensure that the  division is  doing its job  to help                                                               
the board.                                                                                                                      
                                                                                                                                
MS. CURTIS replied that oftentimes  board chairs do bring that up                                                               
and that some  things are not within their control.   It might be                                                               
considered  a penalty  or  a discipline  from  the board  chair's                                                               
perspective, she stated,  but from her perspective  and the law's                                                               
perspective,  this is  a legislative  oversight process,  this is                                                               
the  legislature's   ability  to  evaluate  how   this  board  is                                                               
operating  and  that  includes the  division's  support  to  this                                                               
board.    She explained  that  her  recommendation for  extension                                                               
reflects how timely  she recommends the legislature  come back to                                                               
review regulation of this specific  occupation.  She advised that                                                               
while the question  is termed, "Should this board  be extended or                                                               
not  and for  how  long?" it  could be  phrased,  "How much  time                                                               
between now and when the legislature comes back in to review?"                                                                  
                                                                                                                                
4:08:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ drew  attention to  the DCCED  commissioner's                                                               
response to  the audit on  pages 21-22.   She inquired  about the                                                               
efforts taken by  DCCED to ensure adequate  staffing, whether the                                                               
specific  11  cases have  been  resolved,  and what  the  current                                                               
timeframe is for processing complaints against a chiropractor.                                                                  
                                                                                                                                
4:09:29 PM                                                                                                                    
                                                                                                                                
SARA CHAMBERS,  Director, Division of Corporations,  Business and                                                               
Professional   Licensing   (DCBPL),   Department   of   Commerce,                                                               
Community, and Economic Development  (DCCED), responded that page                                                               
22 outlines the steps that were  taken.  One step, she specified,                                                               
is that the division has  added an additional senior investigator                                                               
position to  provide more supervisory  oversight and  ensure that                                                               
investigators  are   following  the  division's   procedures  for                                                               
documentation.   The concern is not  so much whether there  is or                                                               
isn't  case activity,  she  explained, but  that  it hasn't  been                                                               
documented  and so  there is  no way  for the  auditor or  anyone                                                               
looking at the  case management systems to  know whether activity                                                               
has taken place on those cases.   She said DCBPL agrees that that                                                               
is not up  to its stated standards, so  adding another supervisor                                                               
position  has been  helpful.   A zero-tolerance  position on  the                                                               
lack  of  documentation has  been  taken,  she advised,  and  the                                                               
division  is   actively  supervising  and  ensuring   that  DCBPL                                                               
investigators are  acutely aware  of the requirement  to document                                                               
within every 30-45 days even if  there is no case activity and to                                                               
describe what is being waited on  and what is the process so that                                                               
anyone can  evaluate whether  a case  is being  properly managed.                                                               
Ms. Chambers  stated that  every case is  different, so  180 days                                                               
could  be appropriate  management for  some cases  and for  other                                                               
cases it  could be more days  or less days.   Much of that  is in                                                               
the  hands of  the respondent,  she pointed  out, and  whether an                                                               
expert  witness is  needed.   She  related that  the seven  cases                                                               
rolled  into  one  have  made progress  and  are  being  actively                                                               
managed.                                                                                                                        
                                                                                                                                
4:12:19 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  observed  on  page  22  that  an  additional                                                               
Investigator  III  position  has  been added  to  the  healthcare                                                               
licensing team.   She inquired about the number of  people on the                                                               
healthcare  team and  the number  of healthcare  licensing boards                                                               
for  which  the  team  is  responsible  for  providing  licensing                                                               
investigations and processing.                                                                                                  
                                                                                                                                
MS. CHAMBERS  answered that  she will get  back to  the committee                                                               
with those  specific numbers, including the  structure of today's                                                               
healthcare team  as far as numbers  of staff and the  boards they                                                               
serve.   She explained that  those fluctuate with the  demands of                                                               
the casework  where there  may be increases  in complaints  or an                                                               
increase  in complexity  requiring  an investigator  to manage  a                                                               
lower caseload.  She explained  that DCBPL can have investigators                                                               
moving  off   and  on  that   team;  the  division   has  partial                                                               
investigators  assigned to  certain boards  and then  some boards                                                               
like nursing and  medical have multiple investigators  due to the                                                               
high volume.                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ requested that  the follow-up to the committee                                                               
be in writing so it can be  distributed to members.  She said she                                                               
wants to  understand how the  oversight is  managed, particularly                                                               
for chiropractors.   She  stated that  the one  chiropractor with                                                               
seven complaints and the investigations  not being followed up in                                                               
a  timely manner  could be  impacting many  Alaskans during  this                                                               
amount of time.                                                                                                                 
                                                                                                                                
MS.  CHAMBERS offered  her appreciation  for Co-Chair  Spohnholz'                                                               
comments.  She stated that DCBPL  is a public safety division and                                                               
part of what it does is protect  the rights of the licensee.  So,                                                               
she  explained, the  division has  certain processes  that it  is                                                               
required to follow  and sometimes cases are very  unusual and may                                                               
be delayed  when early action  could jeopardize the  case because                                                               
of those due  process standards.  She offered  her reassurance to                                                               
the committee that these are of high importance to DCBPL.                                                                       
                                                                                                                                
4:16:04 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:16 p.m. to 4:20 p.m.                                                                       
                                                                                                                                
4:20:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  invited further questions from  the committee on                                                               
CSSB 193(FIN).                                                                                                                  
                                                                                                                                
4:20:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCARTY,   regarding   the   prescription   drug                                                               
monitoring   program   (PDMP),   asked  about   the   number   of                                                               
investigations  that  occurred  because of  deficiencies  in  the                                                               
division's system versus  a licensee wrong.  He  recalled that in                                                               
the  past Ms.  Chambers shared  that licensees  were investigated                                                               
but it was  problems in the system that created  an anomaly which                                                               
had to be investigated.   Representative McCarty further inquired                                                               
about the sunset extension of two years versus five years.                                                                      
                                                                                                                                
MS.  CHAMBERS responded  that she  doesn't  understand the  first                                                               
question  because the  division has  not had  system deficiencies                                                               
resulting in  unwarranted investigation.   She said  the division                                                               
does have  quite a  few investigations  that it  must investigate                                                               
due to public complaints that  don't result in discipline because                                                               
they  are found  to be  not jurisdictional,  unwarranted, or  not                                                               
within  the  division's scope  so  it  was more  appropriate  for                                                               
criminal law  enforcement or the  consumer protection  unit under                                                               
the  Department of  Law.    She offered  to  answer the  question                                                               
further if the representative wished to rephrase it.                                                                            
                                                                                                                                
REPRESENTATIVE  MCCARTY  restated  his question  about  a  sunset                                                               
extension of two years versus five years.                                                                                       
                                                                                                                                
MS. CHAMBERS replied that the  auditor's recommendation was for a                                                               
five-year  extension,  the  Senate Labor  and  Commerce  Standing                                                               
Committee  reduced  the extension  to  two  years, and  then  the                                                               
Senate  Finance  Committee  reversed  it back  to  the  auditor's                                                               
recommendation.                                                                                                                 
                                                                                                                                
[CSSB 193(FIN) was held over.]                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 186 Sponsor Statement 2.22.2022.pdf HL&C 4/27/2022 3:15:00 PM
SB 186
SB 186 ver. A 2.9.22.PDF HL&C 4/27/2022 3:15:00 PM
SB 186
SB 186 Fiscal Note DCCED-CBPL 3.4.2022.pdf HL&C 4/27/2022 3:15:00 PM
SB 186
SB 186 Optometry Audit June 2021 4.6.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 186
SB 190 v. A 4.14.22.PDF HL&C 4/27/2022 3:15:00 PM
SB 190
SB 190 v. W Sectional Analysis 4.14.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 190
SB 190 v. W Sponsor Statement 4.14.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 190
CSSB 190 Fiscal Note DCCED-RCA 4.22.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 190
SB 190 Support Document- Legislative Audit RCA Sunset Review 9.21.21.pdf HL&C 4/27/2022 3:15:00 PM
SB 190
CSSB 190 v. W 4.14.22.PDF HL&C 4/27/2022 3:15:00 PM
SB 190
SB 190 Explanation of Changes ver. I to W 03.25.2022.pdf HL&C 4/27/2022 3:15:00 PM
SB 190
SB 190 Explanation of Changes version A to I 4.14.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 190
SB 193 Full Audit 4.11.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 193
SB 193 Letter of Support 2.28.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 193
SB 193 Sponsor Statement Version G 4.11.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 193
SB 193 Verison G 4.11.22.PDF HL&C 4/27/2022 3:15:00 PM
SB 193
CSSB 193 (FIN) Fiscal Note DCCED-CBPL 4.22.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 193
SB 193 Audit Summary 4.11.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 193
SB 193 Explanation of Changes, version I to G 4.11.22.pdf HL&C 4/27/2022 3:15:00 PM
SB 193
HB 405-406 Letter of Support - Gov Tony Knowles 4.27.22.pdf HL&C 4/27/2022 3:15:00 PM
HB 405
HB 405-406 Opposition Letters 4.27.22.PDF HL&C 4/27/2022 3:15:00 PM
HB 405
HB 405-406 Letter of Support - AKPIRG 4.22.22.pdf HL&C 4/27/2022 3:15:00 PM
HB 405
HB 405-406 SupportDoc - TJN Complex Ownership Structures 4.27.22.pdf HL&C 4/27/2022 3:15:00 PM
HB 405
HB 405-406 Opposition Letters (email) 4.27.22.pdf HL&C 4/27/2022 3:15:00 PM
HB 405