Legislature(2023 - 2024)BELTZ 105 (TSBldg)
02/26/2024 01:30 PM Senate LABOR & COMMERCE
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Audio | Topic |
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Start | |
SB144 | |
SB204 | |
SB228 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 144 | TELECONFERENCED | |
*+ | SB 204 | TELECONFERENCED | |
*+ | SB 228 | TELECONFERENCED | |
SB 228-EXTEND BOARD OF MASSAGE THERAPISTS 2:06:11 PM CHAIR BJORKMAN reconvened the meeting and announced the consideration of SENATE BILL NO. 228, "An Act extending the termination date of the Board of Massage Therapists; and providing for an effective date." 2:06:34 PM KONRAD JACKSON, Staff, Senator Jesse Bjorkman, Alaska State Legislature, Juneau, Alaska, presented SB 228 on behalf of the Senate Labor and Commerce Standing Committee. He explained that SB 228 would extend the sunset date of the Board of Massage Therapists by six years, to 2030. He noted that an audit of the board found four issues that need to be addressed by the department and the board. He acknowledged that EO 127 would eliminate the Board of Massage Therapists and explained that if EO 127 is disapproved, this board extension needs to be in place. 2:08:12 PM KRIS CURTIS, Legislative Auditor, Legislative Audit Division, Legislative Affairs Agency, Alaska State Legislature, Juneau, Alaska, testified by invitation on SB 228. She paraphrased from the following statement: [Original punctuation provided.] The Division of Legislative Audit conducted a sunset audit of the Board of Massage Therapists. I believe you all have a copy of the report in your meeting packets. This audit is dated August 2023. The objectives of a sunset audit are to determine whether a board or commission is serving the public's interest and whether it should be extended. Overall, the audit concluded that the board operated in the public's interest by conducting its meetings in an effective manner and actively amending regulations to address statutory changes, improve the licensing process, and enhance public safety. The audit also concluded that licenses were not consistently issued in compliance with state law, board related cases were not consistently investigated in a timely manner, continuing education audits were not completed, and licensing fees did not cover the cost of regulating the profession. We recommend the legislature extend the board's termination date six years, to June 30, 2030, which is two years less than the maximum allowed by statute. The reduced extension reflects the need for more routine oversight in recognition of the audit findings. On page 6 you will find the board's licensing statistics. As of December 2022, the board had 1, 157 active licenses and registrations. On Page 9 of the report you will find the board's schedule of revenues and expenditures. As of March 2023, the board had a surplus of approximately 36,000. You can see that during FY 22, the board was allocated just over $289,000 of general funds to replace revenue lost due to the license fee freeze mandated by the governor to help mitigate the financial impact of the COVID-19 pandemic. General fund allocations are not expected in the future. And the board was expected to have a deficit at the end of FY 23. Exhibit 3 indicates that a fee increase is needed to prevent a continuing deficit. DCBPL did not recommend a fee increase for the 2023 licensure renewal period based on DCCED's FY 24 proposed operating budget that requested general funds be used for all occupational board investigative costs. The request was not approved by the legislature and DCBPL management stated that there was insufficient time to update fees once the request was denied. Consequently, this board's deficit is expected to grow. 2:10:51 PM MS. CURTIS continued: [Original punctuation provided.] The audit includes four recommendations that begin on page 12. First we recommend the DCBPL's director develop procedures to ensure licenses are not approved based on outdated documentation. We tested 32 licenses and registrations found three had been approved with stale documentation. Regs say that licensing documents older than six months must be resubmitted. Staff turnover and a lack of procedures was the cause of this error. Second recommendation we recommend DCCED's commissioner work with policy makers to improve the recruitment and retention of investigators. Recommendation 3 is similar we recommend the commissioner work with policy makers to improve the recruitment and retention of licensing staff. These recs are the result of our testing timeliness of investigations and continuing education audits. Both of these functions had deficiencies which were caused by vacancies. Rec 4 is on page 14, We recommend the board and DCBPL director consider increasing licensing fees. Statues require that the fees be set at a level to covers the regulatory cost of the occupation. This board's fees are not sufficient. Management's response to the audit begin on page 23. The commissioner concurred with the conclusions and recommendations. The audit does not include a response form the board chair. The board did not have a chair at the time we requested response. 2:12:34 PM SENATOR MERRICK asked how many investigations or complaints are filed per year. 2:12:46 PM MS. CURTIS replied that they do not summarize by year. However, 155 cases were open or opened between FY 21 and December 2022. 2:13:18 PM SENATOR GRAY-JACKSON referred to the schedule of revenue and expenditures and asked for clarification of the "personnel services." 2:13:33 PM MS. CURTIS replied that this includes licensing staff and investigators. It would also include any legal assistance would fall under "services." 2:14:15 PM SYLVAN ROBB, Director, Division of Corporations, Business, and Professional Licensing (DCBPL), Department of Commerce, Community and Economic Development (DCCED), Juneau, Alaska, testified by invitation on SB 228. She said that there were four recommendations contained in the audit. One was related to outdated documentation, and she explained that this was partly due to staffing issues during the COVID-19 pandemic. She said that this has since improved and added that some positions have been restructured to provide greater oversight. She stated that the next two recommendations are related to recruitment. She acknowledged that this is an issue and said the department is taking steps to improve recruitment. However, she said that this is a statewide issue that may need a statewide solution. The division is in the middle of a classification study for all licensing examiners and records and licensing supervisors (50 personnel within the division). She expressed hope that, once concluded, this will help to make positions more attractive. She explained that currently, occupational licensing examiners are a single position type. The study would create multiple examiner positions based on varying degrees of responsibility and oversight. 2:16:58 PM MS. ROBB stated that the final recommendation was related to fees. She explained that in 2023, the Governor proposed switching the investigation fund source from licensing fees to the general fund. However, this change did not make it into the final budget and there was not enough time to implement a licensing fee change. She explained that massage therapist licenses are renewed every two years on odd years (2023 was a renewal year) and changing the fee during the renewal period would be problematic. She said that the division will be doing a fee analysis and adjusting the fee as necessary. 2:18:18 PM ANNETTA ATWELL, Chair, Board of Massage Therapy, Anchorage, Alaska, testified by invitation on SB 228. She said that the board has done a great deal of work over the past 9 years to improve the status of the massage therapy profession in Alaska. This work has included the establishment of licensing, revising regulations, professional input on investigations concerning the scope of practice, and the development of disciplinary matrices over the diverse range of definable negligence or illegal activity. She said that the board continues to maintain connections with national massage therapy organizations and state boards which allows the board to gather information on a variety of issues. She stated that one goal of the board is to ensure that members are knowledgeable about human and sex trafficking in order to identify perpetrators and briefly explained how these individuals can be identified. She emphasized the importance of communication between the board and licensees. She said that licensees are currently able to bill insurance - which would change if the board were allowed to expire. 2:21:50 PM JILL MOTZ, Government Relations Chair, American Massage Therapy Association Alaska Chapter, Palmer, Alaska, testified by invitation on SB 228. She said the board ensures public safety by providing expert oversight when reviewing applications and consulting on investigations, and keeping up with industry standards, among others. She opined that the board helps to keep DCBPL honest and focused. She shared a variety of issues that she observed within DCBPL which then impacted the board's ability to perform its work. She said that the board plays an important role in combating human and sex trafficking and emphasized the importance of experts who understand the massage therapy profession and can watch for the signs of these occurring. She detailed the myriad ways massage therapists are able to identify these individuals. She pointed out that all of the board members are volunteers who give of their personal time. The current structure ensures that both DCBPL and the board are held accountable. She stated that the board has grown a great deal since its inception and opined that it should be allowed to continue to grow. She detailed the ways the profession has grown as a result of work done by the board. 2:26:43 PM VOLKER HRUBY, Representative, American Massage Therapy Association (AMTA), Anchorage, Alaska, testified by invitation on SB 228. He said that he has been a licensed massage therapist since 2005 and has served on AMTA at both a state and national level. He stated that continuing the board is crucial to the profession of massage therapy. He pointed out that the board is primarily made up of licensed volunteer massage therapists, thus giving massage therapists a voice in the various processes governing the profession. He stated that massage therapy is a healthcare profession, and therapists work with vulnerable populations. He stated that the expertise of members is beneficial when dealing with the myriad issues that come before the board. In addition, the board has worked to minimize board- related expenses and increase efficiency of the licensing process. He noted that the recent audit recommended that the board continue and shared his belief that the board has and will continue to work hard to improve all aspects of their work. He said that allowing the board to lapse would create a public safety issue. He stated that the board increases efficiency, helps keep costs down, helps protect the profession from illegal entities, and helps maintain the respectability of the profession in Alaska. 2:29:17 PM SENATOR GRAY-JACKSON asked for clarification regarding massage therapists' ability to bill insurance. 2:29:49 PM MR. HRUBY deferred to Ms. Motz. 2:30:07 PM MS. MOTZ answered that currently massage therapists can bill insurance companies directly. While some insurance companies require a prescription from a medical doctor, chiropractor, or physical therapist, the massage therapist no longer needs their direct oversight in order to bill insurance. 2:30:53 PM CHAIR BJORKMAN opened public testimony on SB 228; finding none, he closed public testimony. 2:31:30 PM CHAIR BJORKMAN solicited the will of the committee. 2:31:37 PM SENATOR BISHOP moved to report SB 228, work order 33-LS1311\A, from committee with individual recommendations and attached fiscal note(s). 2:31:51 PM CHAIR BJORKMAN found no objection and SB 228 was reported from the Senate Labor and Commerce Standing Committee.
Document Name | Date/Time | Subjects |
---|---|---|
SB204 ver A.pdf |
SL&C 2/26/2024 1:30:00 PM SL&C 4/3/2024 1:30:00 PM |
SB 204 |
SB204 Sponsor Statement Ver A.pdf |
SFIN 4/22/2024 1:30:00 PM SL&C 2/26/2024 1:30:00 PM SL&C 4/3/2024 1:30:00 PM |
SB 204 |
SB204 Sectional Analysis Ver A.pdf |
SFIN 4/22/2024 1:30:00 PM SL&C 2/26/2024 1:30:00 PM SL&C 4/3/2024 1:30:00 PM |
SB 204 |
SB204 Fiscal Note-DOLWD-MI-01.18.24.pdf |
SL&C 2/26/2024 1:30:00 PM |
SB 204 |
SB204 Supporting Documents-2023 Mech Insp 5yr Review Chart.pdf |
SL&C 2/26/2024 1:30:00 PM |
SB 204 |
SB204 DOLWD Presentation 02.26.24.pdf |
SL&C 2/26/2024 1:30:00 PM |
SB 204 |
SB228 Ver A.pdf |
SL&C 2/26/2024 1:30:00 PM |
SB 228 |
SB228 Sponsor Statement.pdf |
SFIN 4/3/2024 9:00:00 AM SL&C 2/26/2024 1:30:00 PM |
SB 228 |
SB228 Supporting Documents-Sunset Audit.pdf |
SFIN 4/3/2024 9:00:00 AM SL&C 2/26/2024 1:30:00 PM |
SB 228 |
SB228 Fiscal Note-DCCED-CBPL-02.23.24.pdf |
SL&C 2/26/2024 1:30:00 PM |
SB 228 |
SB144 ver A.PDF |
SL&C 2/19/2024 1:30:00 PM SL&C 2/26/2024 1:30:00 PM |
SB 144 |
SB144 Sponsor Statement v. A.pdf |
SL&C 2/19/2024 1:30:00 PM SL&C 2/26/2024 1:30:00 PM |
SB 144 |
SB144 Sectional Analysis ver A.pdf |
SL&C 2/19/2024 1:30:00 PM SL&C 2/26/2024 1:30:00 PM |
SB 144 |
SB144 Fiscal Note-VAR-EXE 02.16.24.pdf |
SL&C 2/19/2024 1:30:00 PM SL&C 2/26/2024 1:30:00 PM |
SB 144 |
SB144 Supporting Documents- AADA Presentation-Service Times 02.19.24.pdf |
SL&C 2/19/2024 1:30:00 PM SL&C 2/26/2024 1:30:00 PM |
SB 144 |
SB144 Public Testimony Received as of 2.15.24.pdf |
SL&C 2/19/2024 1:30:00 PM SL&C 2/26/2024 1:30:00 PM |
SB 144 |
SB144 Supporting Documents-Alaska_NADA Auto Retailing State Data Sheet.pdf |
SL&C 2/19/2024 1:30:00 PM SL&C 2/26/2024 1:30:00 PM |
SB 144 |