Legislature(2005 - 2006)BELTZ 211

02/14/2006 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 177 PRACTICE OF PSYCHOLOGY TELECONFERENCED
Moved CSSB 177(HES) Out of Committee
*+ SB 255 OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT TELECONFERENCED
Moved CSSB 255(L&C) Out of Committee
Bills Previously Heard/Scheduled,
Including But Not Limited to:
+= SB 244 NO DISCRIMINATION AGAINST ACUPUNCTURIST TELECONFERENCED
Moved SB 244 Out of Committee
+= SB 222 PROTECTION OF PERSONAL INFORMATION TELECONFERENCED
Moved CSSB 222(L&C) Out of Committee
         SB 255-OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT                                                                      
                                                                                                                              
CHAIR CON BUNDE announced SB 255 to be up for consideration.                                                                    
                                                                                                                                
TOM MAHER,  staff to  Senator Therriault,  explained that  SB 255                                                               
extends the sunset date for the  Board of Examiners from June 30,                                                               
2006 to June 30, 2014 as per the Legislative Audit's conclusion.                                                                
                                                                                                                                
He recapped  that last year  the legislature passed  some changes                                                               
to the sunset process. One  was changing the standard sunset from                                                               
four  years to  not  to exceed  eight,  although the  legislature                                                               
could go with any date it wants.                                                                                                
                                                                                                                                
Two  more  criteria  were  added to  the  auditor's  job  because                                                               
sunsets are becoming  less about eliminating the  entity and more                                                               
about measuring  operational performance. Those criteria  are the                                                               
extent to which the board  or commission has effectively attained                                                               
its objectives, the  efficiency with which it's  operated and the                                                               
extent  to which  the board  or commission  is duplicating  other                                                               
agencies' work.                                                                                                                 
                                                                                                                                
On page 7  of the report, recommendation 2,  recommended that the                                                               
legislature  amend  optometry  statutes to  ensure  they  support                                                               
current   license  endorsements   for  the   diagnostic  use   of                                                               
pharmaceutical agents. He explained:                                                                                            
                                                                                                                                
     Currently, language  provides for a  single endorsement                                                                    
     for  both prescribed  and use.  However,  the Board  of                                                                    
     Examiners  in   Optometry  is  issuing  two   types  of                                                                    
     endorsements.  The  first  allows a  practitioner  both                                                                    
     prescribed  and  use   pharmaceutical  agents  and  the                                                                    
     second  type allows  a practitioner  use only.  Current                                                                    
     law  does not  authorize the  use-only endorsement.  SB
     255  corrects  this  situation   by  adding  a  section                                                                    
     authorizing   a   use   only   endorsement   and   also                                                                    
     grandfathers in the practitioners  that were given that                                                                    
     endorsement over the years - since, I believe, 1992.                                                                       
                                                                                                                                
MR.  MAHER noted  that the  Department of  Commerce, Community  &                                                               
Economic Development  supported SB 255. The  Board's response was                                                               
not clear and he hoped that would be addressed today. He said,                                                                  
                                                                                                                                
     But our  intent with the legislation  is pretty simple.                                                                    
     We want  to change  the law  to make  current practices                                                                    
     legal. We  want to  grandfather license holders  in and                                                                    
     make sure  we don't  leave any practitioners  out. That                                                                    
     could  have  an  impact  on  the  number  of  providers                                                                    
     serving the public and,  hopefully, maximize the number                                                                    
     of practitioners that can practice in Alaska.                                                                              
                                                                                                                                
2:30:58 PM                                                                                                                    
RICK  URION, Director,  Division  of  Corporations, Business  and                                                               
Professional Licensing, supported SB 255.                                                                                       
                                                                                                                                
CHAIR BUNDE moved to adopt Amendment 1 as follows:                                                                              
                                                                                                                                
     On page 2, line 25 insert a new section to read:                                                                           
                                                                                                                                
     Sec. 6 AS 08.72.181(d) is amended to read:                                                                                 
                                                                                                                                
          (d) Before a license may be renewed, the licensee                                                                     
     shall submit  to the  board evidence  of [24  HOURS OF]                                                                    
     postgraduate   continuing   education  instruction   as                                                                    
     prescribed by  regulations of the board.  The board may                                                                    
     specify by  regulation those circumstances  under which                                                                    
     the requirements of this subsection may be waived.                                                                         
                                                                                                                                
     Renumber remaining bill sections.                                                                                          
                                                                                                                                
CHAIR BUNDE objected for discussion purposes.                                                                                   
                                                                                                                                
MR. URION  stated that the  amendment was suggested by  the board                                                               
and removes the 24-hour requirement  for continuing education and                                                               
allows the department to do that  in regulation, which is how all                                                               
other licensing programs are handled.                                                                                           
                                                                                                                                
CHAIR  BUNDE  asked if  the  regulation  would require  an  equal                                                               
amount of continuing education time as the statute does.                                                                        
                                                                                                                                
MR. URION replied yes, but that could be adjusted as necessary.                                                                 
                                                                                                                                
2:32:43 PM                                                                                                                    
SENATOR  SEEKINS asked  if the  department could  set up  his own                                                               
rules and change them whenever it wanted to.                                                                                    
                                                                                                                                
MR.  URION replied  that  they are  required  to have  continuing                                                               
education by  statute, but the  hours are typically set  forth in                                                               
regulation and he  didn't think they would be any  less than what                                                               
they  are  now.    He  said that  all  the  continuing  education                                                               
requirements are consistently being made in regulation.                                                                         
                                                                                                                                
SENATOR  SEEKINS said  he  didn't  object to  that,  but the  new                                                               
language  looks like  it would  be allowing  regulation to  trump                                                               
statute.  "So, we  don't  specify  how many  hours  and they  can                                                               
change  it whenever  they want  to." He  wanted to  know why  the                                                               
requirement for  a certain  numbers of  hours was  being deleted,                                                               
since they are providing a guideline of at least 24 hours.                                                                      
                                                                                                                                
MR. URION  suggested that the  last sentence could be  deleted if                                                               
Senator Seekins would be more comfortable with that language.                                                                   
                                                                                                                                
CHAIR BUNDE  said he  wanted Mr.  Stancliff's and  Ms. Davidson's                                                               
reaction to the proposed amendment.                                                                                             
                                                                                                                                
2:36:01 PM                                                                                                                    
MR. STANCLIFF  responded that  in general  they are  careful with                                                               
addressing  amendments in  sunset bills  - because  of complaints                                                               
that  some  have become  vehicles  for  too  much. The  chair  of                                                               
Legislative  Budget  and Audit  said,  because  the language  was                                                               
suggested by the  department and because it was  addressed in the                                                               
audit  report and  both  responses from  the  department and  the                                                               
board, he had no opposition  to it. Senator Seekins' question was                                                               
new and that last sentence could be deleted.                                                                                    
                                                                                                                                
PAT  DAVIDSON,  Division  of Legislative  Audit,  explained  that                                                               
having  continuing   education  requirements  is   very  typical.                                                               
However, often times minimum hours  are not specified. Typically,                                                               
regulations detailed  hours, particular courses and  that sort of                                                               
thing,  rather  than  statue. Waiving  CPE  requirements  is  not                                                               
totally uncommon  for extended illness and  various other things,                                                               
but is totally  up to the committee whether it  wants to delegate                                                               
that authority to the board.                                                                                                    
                                                                                                                                
SENATOR SEEKINS moved Amendment 1  to Amendment 1 to delete: "The                                                               
board may  specify by regulation those  circumstances under which                                                               
the requirements  of this subsection  may be waived." He  did not                                                               
think it  was the  legislature's intent to  waive the  ability to                                                               
require continuing education.                                                                                                   
                                                                                                                                
There were no objections and Amendment 1 to Amendment 1 was                                                                     
adopted.                                                                                                                        
                                                                                                                                
CHAIR BUNDE asked if anyone objected to adopting Amendment                                                                      
1(am). There were no objections and it was so ordered.                                                                          
                                                                                                                                
2:40:19 PM                                                                                                                    
SENATOR  SEEKINS moved  to report  CSSB  255(L&C) from  committee                                                               
with  individual  recommendations  with  the  forthcoming  fiscal                                                               
note.  Senators Bens  Stevens, Ellis,  Seekins  Davis, and  Chair                                                               
Bunde voted yea; and it was so ordered.                                                                                         

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